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HomeMy WebLinkAboutEMC Planning Group - North Gilroy USA AmendmentAGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 1st day of December, 2014, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: EMC Planning Group, having a principal place of business at Monterey, California. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on December 1, 2014 and will continue in effect through June 30, 2015 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreement sh�f terminate this Agreement regardless of any other provision stated herein. Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ("Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4835 -7167 -03610 LAQ04706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ("Payment Schedule"). In no event however shall the total compensation paid to CONSULTANT exceed $532.697.40. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4835 - 7167 -0361A _2_ CAC104706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury, disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses,. liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and .hold harmless CITY, its officers, representatives, agents and employees against, any and all suits, damages, costs, fees, claims; demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835- 2267 -0361 v1 -3- LAC104706083 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all 'subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non - renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; 0 CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. 4835- 2267- 0361v1 ¢ LAC104706083 - ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.11, no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and /or timely _perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 48,35 -7167- 0361v1 _5_ LAC104706083 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by .the CITY to complete such services. ARTICLE 8. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully . with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GILROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 4835 - 7167-0361 v1 _6_ LAC104706083 C. Attorneys' Fees If any action at law or in equity, including an action. for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws_ and all municipal ordinances and regulations of the CITY which in any manner affect, those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835- 7267 -0361 v1 _7_ LAC104706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: EMC PLANNING GROUP INC. CITY: CITY �F)GILROY da l4 � By: B. Name: Teri Wissler Adam N Title: Vice President/Senior Principal Ti Social Security or Taxpayer Identification Number 770126607 4835 - 2267 -03610 _$_ LAC104706083 fl r as J. a lu d Ldmini r Approved as to Form ATTEST: Cit Attorney 7 1b OA 'YAIV�I�Ii�'�`�' 4835 -2267- 0361v1 _9_ LAC104706083 EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Richard James, AICP, Principal Planner, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, Kristi Abrams, P.E. shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion, it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such_ Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. - III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835 -2267 -0361A LAC104706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well - organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 7267- 0361v1 -2- LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for CONSULTANT and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835- 2267 -0361 v1 -3- LAC \04706083 H. NOTICES. Notices are to be sent as follows: CITY: Kristi Abrams, P.E. City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 'CONSULTANT: Teri Wissler Adam EMC Planning Group 301 Lighthouse Avenue, Suite C Monterey, CA 93940 FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. 1. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. 2. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. 3. Covenant against Contingent Fees The CONSULTANT warrants that he /she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835 - 7267-0361 v1 -4- LAC104706083 EXHIBIT "B" SCOPE OF SERVICES See 4835 - 2267 -0361 v1 _ 1 LAC104706083 Attached 2.0 STAFF SUPPORT 2.1 INTRODUCTION Staff support will be provided to assist the Planning Division with processing the USA amendment application, under the direction of Kristi Abrams, P.E., the Community Development Director. Based upon providing similar services for the City of Gilroy, as well as several other jurisdictions, a general scope of work is provided below. Because the number of hours necessary to see the project through City Council and LAFCO approval are not completely predictable, the budget for staff support tasks is provided separately from the other tasks in this proposal. In addition to planning assistance, AMEC and Akel Engineering are included on this team to assist the Engineering Division with review of infrastructure needs of the planning process. AMEC will conduct a peer review of the storm water management section of the applicant's engineering report. Akel Engineering will review the water, sewer, and storm drain infrastructure sections of the report. Their scopes of work are included as Attachment A and Attachment B, respectively. Once the team reaches approximately 80 percent of the budget, the project manager will consult with the Community Development Director to determine if additional budget is required to complete the process. EL11C' YLANSAI dU 2-1 2.0 SrArr S�_rrc�x_r 2.2 TASKS The tasks below, along with the associated budget, assume no more than a 12 -month process. A longer timeframe may require additional budget. Task 1 Administration Project administration is an ongoing task, which includes contract administration, invoicing, and managing subconsultants. Task 2 Coordination with Applicant, City Departments, and LAFCO This task includes regular coordination and communication with the subconsultants (Akel Engineering and AMEC), City of Gilroy staff, the applicant team, LAFCO, and other local, regional, state, and federal agencies as may be necessary. Task 3 Organize and Manage the Project Record This task includes organizing and managing the project record in 3- ringed binders as the project progresses. Hard copies and electronic records, including emails, will be maintained. Task 4 Meetings and Telephone Conferences This task includes, but may not be limited to setting up meetings, preparing the agenda, chairing . the meetings, and preparing minutes for meetings and telephone conferences with City staff, the applicant team, and other as may be necessary. Meetings will be held in Gilroy at City Hall. Task 5 Application Review This task includes review of the application and materials, and written communications with the applicant regarding completeness, comments, and preliminary conditions. This task will be performed by EMC Planning Group, Akel Engineering, and AMEC. Task 6 Staff Report This task includes preparation of draft and final staff reports for Planning Commission and City Council. 2 -2 E1,4(2 i'l- Ar,ir,INU li,ic_•, RA_,ICti.0 101 (NUht171 CEsciv -AL G1L11 -(-,Y) USri AD Es,iomti,l1' EI.K oa,w LAYC O DOCUMEDTTATIOIIT — PROPOSAL Task .7 Public Hearings /Meetings This task includes up to five (5) public hearings /meetings, and includes preparation and delivery of presentations, using the City's PowerPoint format. Task 8 LAFCO USA Application This task includes preparation of the LAFCO application. LAFCO- required reports, including the plan for services, fiscal impact analysis, vacant land inventory, and mapping are included in the LAFCO documentation scope of work provided in Section 4.0 of this proposal. Task 9 LAFCO Hearings This task includes preparation and delivery of a presentation at one (1) LAFCO hearing. Task 10 . Miscellaneous This task includes miscellaneous tasks that may be required and /or required by the Community Development Director that are not otherwise included in this scope of work. rLbAC YLANNi. U c1KCJi iY IN(-% 2 -3 2.0 S'1'At't' S11 ill' UIO1' This side intentionally left blank 1 -$ Y1v1C 11 LAAIb1IN* Q+V.011Y' 1N(2. 3.0 EIR SCOPE OF WORK 3.1 APPROACH The EIR will evaluate the USA amendment request and the level of development that is preliminarily proposed for the property. CEQA Guidelines section 15146 states that, "The degree of specificity required in an EIR will correspond to the degree of specificity involved in the underlying activity which is described in the EIR." The underlying activity is the USA amendment and, although no specific development is currently proposed, the applicant has submitted a preliminary plan, which is undergoing refinement, for how the property could be developed. Therefore, the EIR will evaluate the environmental impacts of anticipated future development of the site to the greatest degree feasible; however, additional environmental review in compliance with CEQA will be required when a Specific Plan and subsequent development entitlements are proposed. Most of the property has not been the subject of environmental review with the exception of the Gilroy 2020 General Plan EIR. The southern portion of the project site is the subject of another existing USA amendment, the Wren Investors USA Amendment, which is currently undergoing environmental review. As of October 2014, the public review period for the draft EIR has been completed, and the final EIR is being prepared. Additionally, the project site was included in the Gilroy 2040 General Plan Background Report (April 2014). The scope of work for the analysis in the EIR is presented in the following section, Environmental Issues. tDA�' YLAtlhlltics rsHr_�i_ir itdc_. 3-1 3.0 E1KSr_orr; ut' 1\rr�ixtL 3.2 ENVIRONMENTAL ISSUES Aesthetics The project site, currently located in unincorporated Santa Clara County, is located at the northern entrance to the City of Gilroy along Santa Teresa Boulevard. It consists primarily of open space agricultural lands, small rural homesteads, and a small creek. There are no state scenic highways in Gilroy and the project site cannot be viewed from U.S. Highway 101 or State Route 152 which are designated in the County of Santa Clara's General Plan as county- designated scenic routes. However, most of the project site adjacent to Santa Teresa Boulevard is zoned in Santa Clara's General Plan as a scenic route combining district zone. The Gilroy General Plan includes a goal of designating Santa Teresa Boulevard as a scenic highway. This section of the EIR will address future development of the project site relative to the County and City general plan goals and identify mitigation for future development associated with densities, setbacks, etc. Agricultural Resources The project site includes important farmland including Prime Farmland and Farmland of Statewide Importance. A Land Evaluation and Site Assessment (LESA) will be conducted to determine the loss of important farmland by categories and to determine if the loss would be considered significant. Air Quality This section of the EIR will include an air quality analysis using the Bay Area Air Quality Management District's methodology and thresholds for evaluating a project's air quality impacts. Both a plan level and project level analysis will be conducted. Biological Resources EMC Planning Group biologists will conduct a background data search to determine biological resources known to occur in.the vicinity of the project site. These data will be obtained from the Inventory of Rare and Endangered Plants (California Native Plant Society 2014), the California Department of Fish and Wildlife (CDFW) California Natural Diversity Database (CNDDB), the 3 -L ELIV' YLANldINC-+ ltNir_•. RA2,ickici 101 (Nuv.'1'ri C:t�v'r&.AL G1LY.(_,,Y) USA?.Ddr.1dL71a1,C1d'1' EIRAhlll LAYCO DOCUMEDTTATIODT — PROPOSAL U.S. Fish and Wildlife Service (USFWS) county-wide listed species inventory, the USFWS National Wetlands Inventory database (if appropriate), U.S. Department of Agriculture soil maps, and aerial photographs. EMC Planning Group biologists will also conduct a detailed review of the Santa Clara Valley Habitat Conservation Plan /Natural Community Conservation Plan (HCP /NCCP). The EIR biological resources section will be prepared in accordance with the HCP policies. EMC Planning Group biologists will perform a reconnaissance -level field survey of the project site in order to (1) identify and map the principal plant communities, (2) assess the potential for special- status species and their habitats, wildlife movement corridors, potential jurisdictional wetlands, protected trees, and other significant biological resources to occur in the project area, and (3) identify and map any observed locations of special- status species and/or habitats. Upon completion of the survey effort, this section of the EIR will be prepared including applicable tables, figures, and appendices. The section will contain the following information: Introduction, Regulatory Setting, Methods, Existing Biological Conditions, Special -Status Biological Resources, Impacts and Mitigation Measures, and References. The evaluation is intended as an analysis of special -status species habitats and/or plant communities found on the site for the purposes of evaluating impacts associated with the proposed project. The survey is not intended to and does not meet specific protocol -level focused survey requirements established by regulatory agencies for any particular species. Additional biological survey tasks, such as focused species surveys and /or wetlands delineation, may be recommended upon consultation with City staff, review of the HCP process, and /or completion of the biological resources evaluation. Cultural Resources The project site is in a moderate archaeological sensitivity zone, and much of the project site has been previously surveyed. This section of the EIR will utilize existing information to identify the potential for impacts to historic and pre- historic resources. The data generated by EMC Planning Group associated with preparation of the General Plan Background Report will be utilized in this section. Mitigation for future development projects may include site - specific archaeological and historic property surveys. Archaeological Consulting will assist in this effort Their scope of work is included as Attachment C. E.N1C' YLAhll INC+tsKr7i IY 114t2. 3 -3 3 . U r:11L S t_• <_tYE: t_7t' �,nt t�N.l� Geology and Soils The General Plan, General Plan EIR, and the new general plan background report, as well as other existing documentation addressing geology and soils issues on the project site and vicinity will be utilized for this section of the EIR. The following issues will be addressed: earthquake faults, seismic ground shaking, ground failure, landslides, soil erosion, and expansive soils. If the applicant has soils, geology, or geotechnical reports, they can be utilized in this section, but are not required. Greenhouse Gas Emissions This section of the EIR will include an air quality analysis using the Bay Area Air Quality Management District's methodology and thresholds for evaluating a project's air quality impacts. Both a plan level and project level analysis will be conducted. The California Emissions Estimator Model (CaIEEMod) will be utilized. Hazards and Hazardous Materials This section of the EIR will address the potential for hazardous materials to be located on the project site; whether the project site is included on a list of hazardous materials sites compiled pursuant to Government Code section 65962.5; if the project would impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan; or expose people or structures to a significant risk of loss, injury, or death involving wildland fires, including where wildlands area adjacent to urbanized areas or where residences are intermixed with wildlands. This scope of work does not include preparation of an environmental site assessment. If the applicant has one, it can be utilized in this section, but it is not required. Hydrology and Water Quality Storm Water The project site is in the Llagas Creek watershed. The northern portion of the property drains through a channel that flows from the north at Fitzgerald Avenue to Day Road in the south - central portion of the site, where it turns east toward Monterey Road. The southern portion of the site drains into Lions Creek, a Santa Clara Valley Water District facility, which enters the project site just south of Day Road East, turns south and eventually east, then exits the project site at Wren Avenue. The project site is located within flood zones AE, X, and AO. AE and AO are special flood hazards areas with a high risk of flooding, and X is an area with a moderate risk of flooding. 3 -$ 1 Lb&- -' YLANNINU t1N.0 UY INU. RA_ (21-iO 1U1 (NUY_TI-i ChAV'1'Y.AL Ul1.Y_UY) LISA ?.tvlt:',hlLlDdlad'1' EIKi?t,lU LAYCU DOCUMEDTTATION — PROPOSAL This section of the EIR will address flooding, drainage patterns and systems, water quality, and the City's storm water management requirements, including low impact development features that will need to be addressed in the future Specific Plan. Schaaf & Wheeler will prepare a flood study, which will be utilized for the flooding portion of this section of the EIR. Their scope of work is included in Attachment D. Groundwater The City's water supply is from groundwater, which is managed by the Santa Clara Valley Water District. The project site is located within the confined area -not within a recharge area- of the Llagas Subbasin of the Hollister - Gilroy Groundwater Basin. This section of the EIR will addressed the proposed projects effects on groundwater supplies, and on how the project could affect groundwater recharge. A water supply assessment will be prepared pursuant to CEQA Guidelines section 15155. Akel Engineering will prepare the assessment. The scope of work is included as Attachment B. Noise Illingworth & Rodkin will conduct a noise analysis of the proposed project. Their scope of work is included as Attachment E. The noise analysis will be summarized in the EIR. Public Services and Utilities (Plan for Providing Urban Services) A plan for providing urban services will be prepared as part of the LAFCO application (see Section 4.2 below). The plan will be included as an appendix to the EIR and summarized in this section of the EIR. The plan addresses fire protection, police protection, schools, parks, water, wastewater, and storm drainage. The EIR will include a separate section on each service or utility and will summarize the findings in the plan for providing services. Transportation /Traffic Hexagon Transportation Consultants will prepare a traffic study. Their scope of work is included . as Attachment F. The traffic study will be summarized in the EIR. Cumulative Impacts As allowed by CEQA Guidelines section 15130 (b)(1)(B), the EIR will include a summary of projections contained in the City of Gilroy General Plan to form the cumulative projects scenario; i.e. buildout of the general plan. A summary of the impacts discussed in the general ELV2 YLAtdA INU UY.0 1Y 1td-'. - S -J 3 .0 r llt Sc <_1Yr r_1r �A� r�ir_1L plan EIR will also be presented and will be supplemented by new data, as appropriate. The EIR will include an evaluation and determination as to whether the proposed project's impacts are cumulatively considerable. Growth Inducement CEQA Guidelines section 15126.2(d) requires an EIR to include a discussion of the growth - inducing impacts of a project. The proposed project is consistent with the Gilroy General Plan and is adjacent to existing urban development to the south and east. The project area is located within the larger planning area designated as Neighborhood District of the City of Gilroy. As such, the project may facilitate growth to the north, but would not be growth inducing beyond what is planned for in the general plan. The EIR will address the proposed project's potential for growth - inducing impacts. Energy Demand This section of the EIR will address anticipated energy consumption associated with development of the project and long -term use of the project site, as well as proposed and or potential energy. conservation measures. Some of the information used in this section will be taken from the greenhouse gas emissions analysis presented earlier, and supplemented as necessary. Alternatives CEQA Guidelines section 15126.6(a) requires a description of a range of reasonable alternatives to the proposed project, or to the location of the project, which could feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project. It also requires an evaluation of the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project, but must consider a reasonable range of potentially feasible alternatives that will foster informed decision - making and public participation. CEQA Guidelines section 15126.6(b) further requires that the discussion of alternatives focus on those alternatives capable of eliminating any significant adverse environmental impacts or reducing them to a level of insignificance, even if these alternatives would impede to some degree the attainment of the project objectives or would be more costly. CEQA Guidelines section 15126.6 (e) stipulates that a no project alternative be evaluated along with its impacts. 3 -0 YLANN1N* *Y.UUY INN. RAA,I(_'tlU 101 (NUx.a -i C.aa.l'1'xAL UiLx.UY) USA AiAtadllDilttJ'1' EI LANO LAYCO D0CU1vB1,TTATI0I,T — PROPOSAL This EIR will evaluate up to three alternatives. Although finalization of the alternatives to be studied will require completion of at least of portion of the environmental analysis and consultation with City staff, the following alternatives may be considered: 1. No project, no development; 2. A reduced project still consistent with the existing General Plan land use designations; and 3. Modification of the proposed project, possibly consistent with an alternative being studied in the new general plan process. Alternatives considered, but rejected for further analysis in the EIR may also be presented. Significant and Unavoidable Effects Any impacts determined to be significant and unavoidable, as discussed in other sections of the EIR, will be summarized in this section of the EIR- 3.3 DELIVERABLES EMC Planning Group (hereinafter "Consultant ") proposes to prepare documentation in compliance with CEQA. The scope of work includes the following deliverables: • Notice of Preparation; • Administrative Draft Environmental Impact Report (EIR); Draft EIR, Notice of Completion; • Administrative Final EIR; • Final EIR with Mitigation Monitoring Program;. • CEQA Findings and Statement of Overriding Considerations; and • Notice of Determination The EIR will be prepared in a manner that is concise, clear, and easy to read for the general public. The environmental documents will be prepared in accordance with CEQA and the state CEQA guidelines. The scope to be undertaken toward the completion of the environmental review services involves the tasks outlined below. rrlt_ rLAtJtvttlrs rsxl_7i iY lull_•. 34 3.0 E I S<'tUrt (-)r W (-)Yx The proposed tasks are presented below. Task I Project Initiation /Administration/Management 1.1 Contract management, project team coordination. 1.2 Initiate Subconsultants. 1.3 Provide CEQA consultation and management services for client. Task 2 Site Investigation /Research /Kick -off Meeting 2.1 Conduct a site visit to document existing conditions and surrounding land uses. 2.2 Review previous documentation prepared for the project site and vicinity. 2.3 Attend a kick -off meeting with City staff to discuss the scope, the process, and the schedule. Task 3 Notice of Preparation and Scoping Meeting 3.1 Prepare a draft notice of preparation (NOP) for review and approval by City staff. One (1) electronic copy will be provided. 3.2 Obtain comments from City staff. Continents will be incorporated into the final NOP. The NOP will reflect all corrections, additions and deletions required by City staff. 3.3 Provide one (1) electronic copy to the City for printing and public circulation and comment. 3.4 Facilitate a scoping meeting at the City of Gilroy with other interested public agencies and members of the public. The scoping meeting would be held during the 30 -day comment period for the NOP. Task 4 Administrative Draft EIR 4.1 Review all responses to the notice of preparation to ensure that all relevant concerns raised are addressed in the administrative draft EIR. Responses to all relevant concerns will be included in the EIR. 4.2 Correspond with the City, as well as responsible, trustee, and other affected agencies to ensure that all potentially significant issues are addressed in the administrative draft EIR. The intent of this coordination is to ensure that responsible, trustee, and affected agencies have the opportunity for input prior to the preparation of the administrative draft EIR. 3 -K ENIC' rLaNt INU lNC7. iZA J r_ tiU 101 CiLLl+.(-'Y) LISA E 11L P_1,IU LAEC O DOCUMEATTATION - PROPOSAL 4.3 Prepare the administrative draft EIR. Mitigation measures will be prepared in standard City format where available and applicable. 4.4 Print and deliver one (1) paper copy and one (1) electronic copy to the City for review and comment. The electronic version will be in Word format for editing purposes. City staff will distribute the administrative draft EIR for review by the appropriate City departments and will coordinate preparation of the City's comments. A comprehensive set of the comments will be sent to the consultant identifying specific revisions required prior to the public circulation and review of the draft EIR- Task 5 Draft EIR/Notice of Completion 5.1 Revise administrative draft EIR to incorporate City staff comments. 5.2 Print and deliver twenty-five (25) paper copies and twenty-seven (27) CDs to the City for public circulation and review. Fifteen (15) additional copies will be in CD format (with 15 print copies of the summary) for submission to the State Clearinghouse. For the paper copies, the appendices will be included on the back- inside cover on a CD. 5.3 Prepare notice of completion. 5.4 Provide one CD for use by City staff. Task 6 Administrative Final EIR and Mitigation Monitoring Program 6.1 Obtain and evaluate comments received during the public review period. 6.2 Prepare administrative final EIR as a separate document (from the draft EIR) including a revised summary section, a list of all agencies and individuals commenting on the draft EIR, comments received during the public review period for the draft EIR, responses to those comments, changes to the draft EIR, and a mitigation monitoring program. 6.3 Print and deliver one (1) paper copy and one (1) electronic copy to the City for review and comment. The electronic version will be in Word format for editing purposes. City staff will distribute the administrative final EIR for review by the appropriate City departments and will coordinate preparation of the City's comments. A comprehensive set of the comments will be sent to the consultant identifying specific revisions required prior to the preparation of the fmal EIR. 6.4 Meet with City staff to discuss comments. ENIC, YLANIJ1NU UY.01- iY 11J(-•, 3-9 3 .0 E 1!L S(_ vYr; c) I., W t-)k -1t Task 7 Final EIR and Mitigation Monitoring Program 7.1 Prepare the final EIR, incorporating City staff comments on administrative final EIR. 7.2 Print and deliver twenty-five (25) paper copies to the City for circulation to agencies commenting on the draft EIR and for use by the City in consideration of the proposed project. 7.3 Provide one CD of the final EIR and mitigation monitoring program. Task 8 CEQA Findings and Statement of Overriding Considerations 8.1 Prepare the draft environmental findings and statement(s) of overriding considerations as required by CEQA Guidelines section 15091 (Findings), and 15093 (Statement of Overriding Consideration), in the format used by the City, for review by City staff and the City attorney. 8.2 Prepare revised environmental findings and statement(s) of overriding considerations. Task 9 Meetings In addition to the kick -off meeting, the scoping meeting, and the meeting to discussion on the draft EIR, four (4) meetings with City staff and other agencies are included in this scope of work. Optional Tasks Meetings /Public Hearings. Project managers with EMC Planning Group and Hexagon Transportation Consultants will attend meetings and public hearings at the request of City staff. Costs are included as options on the attached cost spreadsheet. 3 -lU r.Drl�' YLAl�lltlll�lt -T tsN_t_�iJY 1L�t_, 4.0 LAFCO DOCUMENTATION SCOPE OF WORK The Santa Clara County Local Agency Formation Commission ( LAFCO) requires a variety of studies /documentation to be submitted with the USA application. These studies include a vacant land inventory, a plan for providing urban services, a fiscal impact analysis, and mapping. 4.1 VACANT LAND INVENTORY Task Understanding The City of Gilroy will be considering a proposed expansion of its USA. Expansion of the USA requires the approval of LAFCO. LAFCO requires the City to prepare a vacant land inventory as part of the USA expansion application. The vacant land inventory assesses the need for the USA expansion by comparing the land use designations within the proposed expansion to the current availability of land with the same designations already within the USA. An inadequate supply of suitably- designated land favors LAFCO approval of a proposed USA expansion. The proposed expansion includes land with the Gilroy General Plan land use designations Residential Neighborhood District, Commercial, Residential Low Density, and Park /Recreation Facility. Approach The vacant land inventory will study the availability of land within this land use designation. The vacant land analysis will compare the typical annual demand for land within each designation with the amount of such land currently within the USA and available for ravlC' YLAAININ(s (-+Y.(-) 1111 11dC. 4 -1 4.0 S(2011 : U' WUx1: development. For land with uses that see regular rates of development from year to year (such as residential or commercial), the vacant land inventory provides a reasonable picture of remaining land available for development. Task I Collect Resources and Prepare Base Maps Acquire project resources including electronic files and other relevant information. The mapping used in the 2014 vacant land inventory will be used and updated. Delineate the areas within the urban service area that hold the appropriate land use designations. Task 2 Vacant Land Inventory Establish assumptions for the definition of vacant land, and an applicable date for the survey. For each subject land use designation, analyze aerial photographs in conjunction with knowledge of the City's development patterns, to identify those parcels that might be vacant or underutilized. Conduct field work to confirm the status of those parcels identified in the aerial photograph analysis as potentially vacant. Prepare a draft map and table summarizing the existing vacant land within the urban service area. Solicit input from City staff as to any parcels that are physically vacant, but for which a valid development approval is in effect. Solicit input from staff regarding parcels that are considered under- developed and available for development or re- development. Based on staff input, finalize the map and table of existing vacant land for each subject land use designation. The table will include the approximate acreage of each vacant parcel. Task 3 Estimate Vacant Land Supply In concert with City staff, develop appropriate annual absorption rates for the Residential Neighborhood District and General Services Commercial land use designations. The absorption rate will typically consider a five -year history, unless circumstances dictate a different approach that would result in a more accurate or more suitable number. Quantify the probable duration of the existing supply based on the selected absorption rate. options. The scope and presentation will follow the vacant land inventory prepared for the Wren Investors project, which is included. at the southern portion of the proposed project. Task 4 Draft Report Prepare a report, including tables that summarize quantitative data and maps, to discuss the methods used in the inventory, and to report findings of the study. Provide one (1) electronic PDF and one (1) electronic Word version to staff for review and comment. 4 -2 EMC- YLANNi.[11[s U9.01-IF INCI. RA:,ir_'rlc 1 101 (NU1r.'1'ri C t ;v i'N -AL UILX_UY) USA L)Lk1 NL)NIItN I' i+1R A1,10 L.AYCU DOCU1VM11TTATI011T - PROPOSAL Task S Final Report Based on staff comments on the draft report, prepare a final report for use in the LAFCO application. Provide thirty-five (35) printed copies and one (1) CD. 4.2 PLAN FOR PROVIDING SERVICES Task Understanding and Approach A plan for providing services is a requirement of LAFCO approval of the USA amendment request. The proposal is consistent with the City's General Plan land use designation; therefore, it is anticipated that the City's existing infrastructure plans would be generally sufficient to address the services issues. The applicant will be preparing and submitting an engineering report that will presents the necessary infrastructure improvements to provide water, sewer, and storm drainage infrastructure. Analysis will be provided by two team members: Akel Engineering and AMEC. Utilizing the documentation provided by the applicant, Akel Engineering, and AMEC, a comprehensive plan for providing services will be prepared. The following tasks will be completed: Task I Water Supply A water supply assessment will be prepared pursuant to CEQA Guidelines section 15155. Akel Engineering will prepare the assessment, as well as address water infrastructure. The scope of work is included as Attachment B. Task 2 Sewer Service Consult with the following documents, agencies, and individuals to determine the projects' expected wastewater generation, the capacity of the wastewater treatment plant to handle the additional flows, any improvements that would be required, existing sewer infrastructure, and new infrastructure needs: City of Gilroy Sewer System Master Plan (2004), City of Gilroy Engineering Division, South County Regional Wastewater Authority, and the applicants' engineers. Akel Engineering will address impacts to the existing sewer system, as well as to the treatment plant. The scope of work is included as Attachment B. �rl ' YLAN1 iNU 11,1(2. 4 -3 4.0 LArC U ll<_�r_ r,r.rrArlr_�ti Sr_r1Yr <�r Wl�xx Task 3 Storm Drainage Consult with the following documents, agencies, and individuals to determine the projects' expected storm water runoff, the capacity of the City's existing system to handle the additional runoff, any improvements that would be required, existing storm drainage infrastructure, and new infrastructure needs: City of Gilroy Storm Drainage System Master Plan (2004), City of Gilroy Engineering Division, and the applicants' engineers. Akel Engineering will address impacts to the existing storm drainage system. The scope of work is included as Attachment B. Task 4 Police Protection Service Consult with the City of Gilroy Police Department regarding the capacity of the department to serve the proposed projects. Task 5 Fire Protection Service Consult with the City of Gilroy Fire Department regarding the capacity of the department. to serve the proposed projects. EMC Planning Group will also consult with the City of Gilroy Fire Services Master Plan (2004). Task 7 Schools Consult with the school district to determine capacity at existing schools and enrollment, and project the number of students that would be generated by development of the planning area and determine if existing and proposed school have or would have sufficient capacity. Task 7 Prepare Draft Plan for Services Prepare a draft plan for services and provide two (2) copies for review and comment by City star Task 8 Prepare Final Plan for Services Prepare the final plan for services and provide thirty -five (35) hard copies and one (1) CD. 4 -4 IN(-% RA.-Nr_7kiQ 101 (N CItV'1'ld_AL G.LN_(_'Y) LISA!il /1t1IL)tat:s a' EIRA1,IL7 LAYC 0 DOCUr tEDTTATIODT — PROPOSAL 4.3 FISCAL IMPACT ANALYSIS Task Understanding and Approach Applied Development Economics (ADE) will prepare the fiscal impact analysis. The scope of work for the fiscal impact analysis is included as Attachment G. 4.4 MAPPING Based upon mapping provided by the applicant's engineer, EMC Planning Group will ensure that mapping required for the LAFCO application will be prepared. hL&' YLAblh iN* UP.01 IY 11d1_'. cj_ i ATTACHMENT A STORM WATER REVIEW SCOPE OF WORK (AME Q _ O t� t November 7, 2014 PROPOSAL Ms. Teri Wissler -Adam Senior Principal EMC Planning Group Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Subject: Scope of Services and Cost Estimate Civil Engineering Support Services North Central Gilroy Development City of Gilroy, California Dear Ms. Wissler -Adam: In response to your request, AMEC Environment & Infrastructure, Inc. (AMEC) has prepared this proposal to provide as- needed consulting services to the EMC Planning Group Inc. (EMC). Consulting services include providing Civil Engineering review of City of Gilroy (City) and developer provided documents related to storm water management associated with development of the proposed North Central Gilroy area (Project). SCOPE OF SERVICES AMEC proposes to perform the following scope of work: Task 1: Civil Engineering Review - Storm Water Management AMEC will provide review and comment on documents related to storm water for the Project. Storm water related documents include an environmental impact report (EIR) and storm water management design documents. AMEC services will include conceptual to final design engineering peer review and a value engineering review as appropriate. AMEC peer review will include review of developer presented data, data analysis, conclusions and conformance with regulatory and receiving water protection programs. AMEC value engineering review will focus on inclusion of low impact development (LID) features within the development plans to facilitate storm water management and providing LID recommendations to enhance the local environment and protect public health. AMEC assumes conceptual to final phases of storm water related documents will require review. The scope of work also includes attendance at scoping and planning meetings as requested by EMC or the City. TEAM The AMEC team selected to support EMC includes three professional engineers and an environmental planner with a combined total of 80 years of experience including: AMEC Environment & Infrastructure, Inc. 180 Grand Avenue, Suite 1100 Oakland, California 94612 -3066 USA Tel (510) 663 -4100 Fax (510) 663 -4141 amec.com Ms. Teri Wissler -Adam Senior Principal November 7, 2014 Page 2 • Warren Chamberlain, PG, CHG, PE — Principal Engineer • David Nanstad, REPA, PE — Senior Engineer + Alfonso Ang, PE — Senior Engineer • Benjamin Botkin - Environmental Planner (CEQA Specialist) COST ESTIMATE AMEC understands the Project scope is evolving and will be determined by the City and the developer as the Project progresses. Additionally, the total number of documents proposed for AMEC review, the associated review effort and number of meetings is unknown. Therefore AMEC proposes to initiate performance of this scope of services on a time - and - materials basis. AMEC requests an initial budget authorization of $20,000 utilizing the attached AMEC rates for 2014/2015 (Attachment A). Additional authorization will be requested as the Project progresses and the authorized funds depleted. AUTHORIZATION If the proposed scope of services and cost estimate provided in this proposal meets with your approval, please issue a Contract Work Authorization to proceed with the scope of services as described above. CLOSURE We appreciate this opportunity to provide consulting services to EMC. Please call either of the undersigned if you have questions regarding the scope of services or cost estimate presented herein. Sincerely yours, AMEC Environment & Infrastructure, Inc. David Nanstad, REPA, PE Dr. Khalil Abusaba Senior Engineer Office Manager Direct Tel.: (415) 278 -2118 Direct Tel.: (510) 663 -4232 E -mail: david.nanstad @amec.com E -mail: khalil.abusaba @amec.com DN /KA:sac \ \PET- FS1 \projects\Secretarial\Bay Area - Pet CAPP Proposals\PP64920_Gilroy Proposal.doc Attachment: AMEC Labor Rates 2014 and 2015 AMEC ENVIRONMENT & INFRASTRUCTURE, INC.. BAY AREA SCHEDULE OF CHARGES FOR CITY OF GILROY PUBLIC WORKS DEPARTMENT Effective September 24, 2014 The hourly labor rates set forth below are valid from September 24, 2014 and are subject to 5% annual escalations thereafter. CLIENT agrees to reimburse AMEC Environment & Infrastructure, Inc. (AMEC) at one and one half times or two times the associated rate/hour for non-exempt staff when AMEC is required by statute to pay the associated overtime premium. LABOR: CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following categories and associated hourly labor rates. Charges for expert services will be at the hourly rates shown. However, for depositions and court appearances, CLIENT agrees to reimburse AMEC for all hours worked by professionals at the following classifications, but at two times the associated hourly labor rates. There will be a 4 -hour minimum per-day charge for depositions and an 8 -hour minimum per -day charge for court appearances. LABOR CATEGORY HOURLY RATE Principal $215 Senior Associate 190 Associate 170 Senior 2 160 Senior 1 145 Technical Professional 3 130 Technical Professional 2 112 Technical Professional 1 105 Senior Technician 85 Technician 81 Technical Editor 100 Project Administrator 79 Support Staff 74 Time spent in travel in the interest of the client will be charged at hourly rates, except that no more than 8 hours of travel time will be charged in any day. ESCALATION: CLIENT agrees that hourly labor rates are subject to a 5% annual escalation beginning January 1, 2015. OTHER DIRECT EXPENSES: CLIENT agrees to reimburse AMEC for all other direct expenses incurred at cost plus 7 %. Common outside items include: consultants, drilling services, laboratory testing, equipment and vehicle rental, printing and photographic work, postage and shipping, conference calls, travel and transportation. UNIT PRICING: Any unit pricing work, such as in -house equipment rental, laboratory analysis, etc. will be quoted separately upon request. INVOICES: Invoices will be rendered at least monthly, either as a final or partial billing, and will be payable upon receipt. An additional late payment charge of 1 1/2% per month or the maximum charge allowed by law, whichever is less, will be payable on accounts not paid within 30 days from billing date. AMEC is an Equal Opportunity /Affirmative Action Employer, and as such adheres to all applicable federal, state, and local laws and regulations in this regard. iAproject\prop2014 \city of gilroy\phase ii proposcArate sheets \rate schedule 2015.docx ATTACHMENT B WATER, SEWER, AND STORM DRAINAGE REVIEW SCOPE OF WORK (AKEL ENGINEERING) A K E L ENGINEERING GROUP. INC. November 7, 2014 EMC Planning Group, Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Attention: Teri Wissler Adam Senior Principal Smart Planning Our Water Resources Subject: Proposal for Engineering Services to prepare a Water Supply Assessment and Infrastructure Evaluation for the North Central Gilroy Urban Service Area Amendment. Dear Teri: In accordance with your request, we are submitting this letter proposal for preparing a Water Supply Assessment (WSA), meeting the requirements of SB 610, and an evaluation of the infrastructure requirements for servicing the North Central Gilroy Urban Service Area Amendment project. SCOPE OF WORK This scope of work is intended to meet the needs of the Water Supply Assessment (WSA), provide an evaluation of the infrastructure needs to service this project (Figure 1), and identifies any potential impacts on the existing system. Task 1 — Water Supply Assessment The Water Supply Assessment (WSA) for this project is intended to satisfy the requirements of SB 610 by evaluating the impact of the project's water demands on the City -wide water supplies through a 20 -year horizon, as stipulated in the SB 610 requirements. Task 1.1: Review Relevant Reports This task includes reviewing-the following relevant reports: • North Central Gilroy Urban Service Area Amendment Land Use Summary (September 2014) • City of Gilroy - 2005 and 2010 Urban Water Management Plan • Santa Clara Valley Water District - 2012 Water Master Plan. • Santa Clara Valley Water District - 2010 Urban Water Management Plan. • City of Gilroy Water System Master Plan (2004). • City of Gilroy General Plan (June 2002). Task 1.2: Identify Impact of Project(s) Water Requirements This task consists of quantifying the project water requirements, and comparing them with previous demand projections included in the City's adopted water system master plan and 2010 Urban Water Management Plan. Task 1.3: Prepare WSA Report The WSA report will be based on the City's 2010 UWMP findings and provide documentation on the impact of the applicant's project on the water supply capacity. It should be noted that this analysis relies on existing reports and information regarding groundwater conditions, as documented in the relevant reports listed in Task 1 and in the City's 2010 Urban Water Management Plan. The WSA report will include the following sections: • Background and Purpose • Projects Description • Projects Water Requirements • City -Wide Water Balance Update • Groundwater Basin • Water Supply Reliability • Supply and Demand Comparison • Summary A draft version of the WSA will be submitted in electronic PDF format to EMC Planning Group staff for review. Comments received will be incorporated in the final report. Task 1A Incorporate Changes from Reviews — Final WSA Report This task includes incorporating review comments, and potential applicant updates, and producing the Final WSA Report. Task 2 — Infrastructure Evaluation The infrastructure evaluation for this project is intended to identify the project site requirements, and provide an evaluation of the existing infrastructure intended to service new development. Water Infrastructure Evaluation Task 2.1: Identify Project Related Water Demands This task includes updating the hydraulic model to include projected demands from the finalized land use provided for the North Central.Gilroy Project. Task 2.2: Identify Impact of Project Water Requirements and Recommend Improvements to Service New Development This task includes updating the hydraulic model to identify project- related improvements required to service the North Central Gilroy Project. This task includes an exhibit documenting recommended pipe sizes and tables documenting storage and supply capacity requirements. Sewer System Infrastructure Evaluation Task 2.3: Identify Project Related Sewer Flows This task includes updating the hydraulic model to include projected sewer flows from the finalized land use provided for the North Central Gilroy Project. Task 2.4: Identify Impact of Project Sewer Flow Requirements and Recommend Improvements to Service New Development This task includes updating the hydraulic model to identify project - related improvements required to service the North Central Gilroy Project. This task includes developing an exhibit to. show the required improvements. Task 2.5: Identify Impact of Project Flow at the Wastewater Treatment Plant This task includes updating flows at the SCRWA WWTP to include the Project flows and identifying potential capacity upgrades required. This task includes a table differentiating existing and proposed flows to the SCRWA WWTP. Storm Drainaae Infrastructure Evaluation Task 2.6: Update Hydrology and Hydraulic Models This task includes updating the hydrology and hydraulic models to include projected runoff from the finalized land use provided for the North Central Gilroy Project. Task 2.7: Identify Impact of Project Runoff Requirements on the Storm Drainage System This task includes identifying project - related improvements required to service the North Central Gilroy Project. This task includes developing an exhibit to show the required improvements. Infrastructure Report Task 2.8: Prepare Draft Report This task includes preparing a draft letter report documenting the infrastructure evaluation findings. Task 2.9: Incorporate Changes from Reviews - Final Infrastructure Report This task includes incorporating changes documented from the review of the draft report, and incorporating in a final letter report. Task 2.10: Contingency for Potential Changes /Updates in Land Use This task is an optional contingency for changes in land use during the evaluation process, or other unforeseen events changes in the Project. SCHEDULE AND FEE ESTIMATE The estimated completion date of the draft WSA and Infrastructure reports is thirty days from notice to proceed. Final WSA and Infrastructure reports will be produced within ten days from receipt of comments on the drafts. A not to exceed fee of forty -one thousand one hundred. and thirty-four dollars ($41,134), including the optional contingency Task 2. 10, is hereby established for the CONSULTANTS services, unless amended by the scope of work. Should you need additional information, or have questions regarding this proposal, please do not hesitate to call me. I look forward to hearing from you. Sincerely, AKEL ENGINEERING GROUP, INC. Tony Akel, P.E. President Figure 1 — Project Site Map Source: EIVIC Planning Group, Inc. LL )I 14DW IT- NORTH CENTRAL GUROY Source: EIVIC Planning Group, Inc. LL )I 14DW IT- EMC Planning Group, Inc. Water Supply Assessment and Infrastructure Evaluation North Central Gilroy Urban Service Area Amendment Estimated Fee (November 7, 2014) PRELIMINARY e- C T85k 1 Wdtef $UpF11y ASSe55'ment � P i,v L• LY ..2 - K. ,� � -- ..1.....u_•.41 a �� , .:_.uiv -+.... = 1'�'�f. �:..'.r. rL..s:.. Task 1.1 Review Relevant Reports 1 1 $237 $237 Task 1.2 Identify Impact of Project Water Requirements 2 6 16 1 $2,873 $2,873 Task 1.3 Prepare Draft WSA Report 6 10 8 6 .2 $3,904 $3,904 Task 1.4 Incorporate Changes From Reviews - Final WSA Report 2 8 6 2 $2,184 $200 $2,384 Subtotal 10 25 31 7 4 $9,198 $200 $9,398 'tlon Task 2 Infrastructufe,Evawa Water Infrastructure Evaluation Task 2.1 Identify Project Related Water Demands 1 2 4 $651 $851 Task 2.2 Identify Impact of Project Wale Requirements and Recommend 2 6 16 6 $3,328 $3,328 Improvements to Service New Development .subtotal 3 - 8 20 6 0 $4,179 $0 $4,179 Sewer System Infrastructure Evaluation Task 2.3 Identify Project Related Sewer Flows 1 2 4 $851 $851 Task 2.4 Identify Impact of Project Sewer Flow Requirements and Recommend 2 4 12 8 52,834 $2,834 Improvements to Service New Development Task 2.5 Identify Impact of Project Flow at the Wastewater Treatment Plant 2 4 10 $1,904 $1.904 Subtotal 5 10 26 8 U $5,589 $0 $5,589 Storm Drainage Infrastructure Evaluation Task 2.6 Update Hydrology and Hydraulic Models 2 2 6 $1,228 $3,000 $4,228 Task 2.7 Identify Impact of Project Runoff Requirements on the Storm Drainage 2 8 20 B $d,00d $4,004 System Subtotal 4 10 26 6 $5,232 $3,000 28,232 Infrastructure Report Task 2.8 Prepare Draft Report 6 20 6 12 2 $5,608 $200 $5,808 Task 2.9 Incorporate Changes from Reviews - Final Infrastructure Report 2. 12 8 2 $2,850 $200 $3,050 Task 2.10 (Optional) Contingency for Potential Changes /Updates In Land Use 4 12 18 8 $4,878 $4.878 Subtotal _ _ _ _ 12 _ _ 44 _ _ 24 _ 2S 4 $13,33 $400 $13,736 Tots l - Task 1 10 25 31 7 4 $9,198 $9,398 Total - Task 2 24 72 96 48 4 $31,736 L$3,600 Total - Tasks 1 and 2 34 97 127 55 8 L-$377,534 $41,134 A K E L ATTACHMENT C ARCHAEOLOGICAL SUMMARY SCOPE OF WORK (ARCHAEOLOGICAL CONSULTING) ARCHAEOLOGICAL CONSULTING P.O. BOX 3377 SALINAS, CA 93912 (831) 422 -4912 Fax: (831) 422 -4913 November 7, 2014 Teri Wissler Adam EMC Planning Group Via email: wissler@emcplaning.com Dear Teri At your request we are providing a proposal to prepare a letter report that summarizes the previous reports covering the Rancho 101 project area in Gilroy Santa Clara County, California. The scope of work includes a review of the previous reports and preparation of a summary letter based on the findings of the previous reports. A copy of the previous reports will be provided on CD. The cost for this service, based on information provided by you, is estimated not to exceed $800.00 for a report to be completed in approximately -two to three weeks from the date of authorization. If you wish us to proceed with the report review and letter report, please sign and return the enclosed authorization form, or provide us with your standard contract for execution. We will invoice you for the project fee upon completion of the report. These terms will be in effect for 30 days. If we have not heard from you in that time, we will assume that you do not need our services and any materials we may have regarding this project will be discarded. If you have any questions about this proposal, please contact me directly. Sincerely, D"4%Z Mary Doane Project Manager ATTACHMENT D FLOOD STUDY SCOPE OF WORK (SCHAAF & WHEELER) James R Schaaf, Ph. D, PE Kirk R Wheeler, PE Peder C. Jorgensen, PE Charles D. Anderson, PE Daniel J. Schaaf, PE Ms. Teri Wissler Adam Senior Principal EMC PLANNING GROUP INC. 301 Lighthouse Avenue, Suite C Monterey, California 93940 Schaaf & Wheeler CONSULTNG CIVIL ENGINEERS 1171 Homestead Rd., Suite 255 M. Eliza McNulty, PE Benjamin L. Shick, PE Santa Clara, CA 95050 -5485 Leif M. Coponen, PE 408- 246 -4848 Principal Emeritus Fax 408- 246 -5624 David A. Foote, PE November 7, 2014 Subject: Proposal for North Central Gilroy Flood Study Dear Teri: Thank you for asking Schaaf & Wheeler to contribute a flood study to the North Central Gilroy (Rancho 101) EIR you are preparing. I spoke with Rick Smelser at the City of Gilroy, who indicates that we should plan for a "project level CEQA" flood study that will allow LAFCO staff to understand that proposed development plans can appropriately mitigate local flood hazards. The proposed development area lies roughly between Fitzgerald Avenue on the north to Mantelli Drive on the South, with Santa Teresa Boulevard a western boundary and Monterey Road along the eastern perimeter. This area lies within West Branch Llagas Creek's floodplain. Utilizing the best available hydrologic and hydraulic data, Schaaf & Wheeler will place development in the context of existing 100 -year flood hazards and propose conceptual alternatives to mitigate those hazards within the open space corridor identified on the conceptual land use plan prepared by Ruggeri- Jensen -Azar. Conceptual mitigation alternatives will be proposed at a level sufficiently detailed to evaluate their feasibility using the available hydrologic data. Mr. Smelser indicates that the City of Gilroy prefers flood mitigation measures that are integrated into the proposed regional park rather than "a big ditch." More specifically Schaaf & Wheeler will: 1. Research local flood hazards as identified in the effective Flood Insurance Rate Map for Santa Clara County. 2. Coordinate with Santa Clara Valley Water District staff to determine whether revised hydrologic and /or hydraulic data have been developed for this area. 3. Map existing flood hazards using base mapping provided by EMC. 4. Using the Santa Clara County LiDAR topography data set, establish depths of 100 -year flooding within the proposed development area and requisite grading improvements needed to elevate development areas above the base flood elevation. Santa Clara . San Francisco . Santa Rosa Salinas Ms. Teri Wissler Adam November 14, 2014 5. In conjunction with Task 4, prepare conceptual flood mitigation measures that can be integrated into the regional open space areas identified on the land use plan prepared by RJA. Identify measures necessary to collect flood waters from the north and safely discharge into the floodway corridor. Prepare graphic plans and cross sections that show mitigation alternatives, suitable for inclusion in the CEQA document. 6. Meet with planning team and City to discuss flood mitigation alternatives. 7. Document flood study methodologies, analyses, conclusions, and recommendations in a stand -alone report suitable for inclusion with the CEQA document as an appendix. A draft report and final report that incorporates planning team comments will be provided in the electronic and /or hard copy format(s) requested. The estimated budget for this scope of work is $20,000 on a time and materials not -to- exceed basin using our Standard Charge Rate Schedule. A draft report can be completed within six to eight weeks from receipt of base mapping material. We look forward to working with you on this project. Sincerely, Schaaf & Wheeler Charles D. Anderson, PE President Schaaf & Wheeler Page 2 EMC Planning Group, Inc. North Central Gilroy Flood Study Schaaf& Wheeler Consulting Civil Engineers 7- Nov -14 NO. TASK ITEMS DESCRIPTION Project Manager $210.00 Assistant Engineer $145.00 Junior Engineer $135.00 IN -HOUSE LABOR COSTS $ SUBCON COSTS $ 'REIMS COSTS $ TOTAL' COSTSat 1.0 Research E)dsbnq Flood Hazards 2 8 $1,500 $1,500 2.0 Coordinate with Santa Clara Valley Water District 2 0 0 3.0 Map Existing Flood Hazards 2 4 _ 8 $2.100 $2.100 4.0 lRood Depths and Grading Requirements 2 8 16 $3,700 ,700 5.0 Flood Mitigation Measures 4 16 24 $6,400 ,400 6.0 Meet withPlanninTeam 4 4 $1400 400 4$6 7.0 Documentation 8 16 4. 500 500 Total 24 48 80 20 000 'QOOS ATTACHMENT E NOISE STUDY SCOPE OF WORK (ILLINGWORTH & RODKIN) %LL/A W0RTH&R DWNghFM 111RE Acoustics • Air Quality HIP 1 Willowbrook Court, Suite 120 Petaluma, California 94954 Tel: 707 - 794 -0400 Fax: 707 -794 -0405 www.illingworthrodkin.com illro@illingworthrodkin.com October 2, 2014 Teri Wissler Adam Senior Principal EMC PIanning Group 301 Lighthouse Avenue, Suite C Monterey, California 93940 VIA E -Mail: wissler(a)emcnlanning.com SUBJECT: . North Central Gilroy Urban Service Area Amendment, Gilroy, CA — Proposal for Acoustical Consulting Services Dear Teri: Thank you for inviting our firm to submit this proposal to prepare an environmental noise assessment of the proposed North Central Gilroy Urban Service Area Amendment. We understand that the project is an urban service area amendment only and no specific development is proposed at this time. The City may require the applicant to submit a development scenario or a development scenario will be prepared in consultation with City staff for the evaluation. Based on experience with similar projects, we offer the following scope of work and fee estimate: Scope of Work Illingworth & Rodkin, Inca would complete the following tasks in the program -level noise impact assessment: • Review Existing Noise and Vibration Data. We will review .recent environmental noise and vibration studies, provided by the City, for applicable data that could be used to describe current noise and vibration exposure in the City. Data collected by our firm for the Gilroy General Plan Update Project will be used as feasible. Document. Existing Noise and Vibration Conditions. A noise measurement program will be developed in coordination with City Staff. Noise measurement locations will be selected to quantify noise levels along major thoroughfares, or near any significant stationary noise sources. We anticipate that four long -term (minimum of 24 hours) and six short-term (10- to 15- minutes) noise measurements will be made. Railroad train vibration levels will be based upon existing available data. Teri WissIcr Adam October 2, 2014 Page 2 Calculate Future Noise Levels. Future noise levels affecting the planning area will be calculated based on future traffic volumes supplied by the traffic consultant and tabularized. These projections, in combination with noise data gathered for local noise sources, will be used to calculate future noise levels. Noise generated by the construction activities and project - generated traffic would be calculated. The noise. and land use compatibility of sensitive uses proposed as part the project will be assessed by adjusting existing noise data based on future traffic noise level projections. Prepare Noise Assessment for the EIIL Noise impacts would be assessed with respect to applicable City policies and appropriate CEQA significance criteria. I &R will analyze proposed land use changes that will expose new sensitive receptors to noise or vibration levels exceeding those considered normally acceptable based on the City's policies, and the changes in the noise environment resulting from the project. Based on potential changes in noise and vibration levels along roadways and the railroad, we will determine where significant impacts will occur and develop mitigation measures, if feasible, to reduce these impacts to less than significant levels. Fee Estimate Our fees are based on the following schedule of hourly rates: Principal $210 /hour Senior Consultant $185 /hour Staff Consultant $135/hour Technical Support $85/hour Reimbursable travel expenses are billed in addition. Work not included in this cost estimate, such as our attendance at meetings or hearings would be billed in addition at our standard rates plus travel expenses. Attachment A lists our insurance coverage. Our fee to prepare this work is as follows: Task Principal Senior Staff Expenses Cost Consultant Consultant Consultant $210/hour $185/hour $135/hour Noise Assessment 2 24 28 $160 $8,800 Thank you for the opportunity to submit this proposal. We look forward to working with you again. Sincerely yours, Michael S. Thill Principal Consultant ILLINGWORTH & RODKIN, INC. Attachment A Teri Wissler Adam Page October 2, 2014 111,19 Acoustics • Air Quality fill! I Willowbrook Court, Suite 120 Petaluma, California 94954 Tel. 707 - 794 -0400 Fax. 707 - 794 -0405 www.illingworthroc#cin.com illro@illingworthrodkin.com ATTACHMENT A HOURLY BILLING RATES Our fees are based on the following schedule of hourly rates: Principal $210/hour Senior Consultant $185/hour Staff Consultant $135/hour Technical Support $85 /hour INSURANCE COVERAGE GENERAL LIABILITY in the amount of $2,000,000 per occurrence/ $4,000,000 aggregate. WORKERS COMPENSATION covering our own employees in the amount of $1,000,000 per occurrence. AUTO (OWNED & NON OWNED) covering personal injury or death and.property damage in the amount of $1,000,000 per claim. PROFESSIONAL LIABILITY in the amount of $1,000,000 per claim and $2,000,000 annual aggregate. Limitation of Liability. To the maximum extent permitted by law, Illingworth & Rodkin, Inc. requests that the Client agrees to limit Illingworth & Rodkin, Inc.' s liability for Client damages to the sum of $250,000 or our fee, whichever is greater. This limitation shall apply regardless of the cause or legal theory asserted Certificates of insurance will be issued upon request. ATTACHMENT F TRAFFIC IMPACT ANALYSIS SCOPE OF WORK (HEXAGON) ®® WEXAGON TQANSDORTATION CONSULTANTS, IN( November 21, 2014 Ms. Teri Wissler Adam EMC Planning Group, Inc. 301 Lighthouse Avenue, Suite C Monterey, CA 93940 Subject. Proposal to Provide Transportation Planning Services Associated with the Proposed North Central Gilroy Project Dear Teri Hexagon Transportation Consultants, Inc. is pleased to submit this. proposal to provide transportation planning services and prepare a traffic impact analysis for the proposed North Central Gilroy Urban Services Area Amendment project in Gilroy, California. Project Understanding The project, proposes to amend the City's Urban Service Area to include approximately 703 acres of property on the north end of Gilroy. The project area is roughly bounded by Fitzgerald Avenue on the north, Santa Teresa Boulevard on the west, Monterey Road on the east, and the existing northern city limit line on the south. The North Central Gilroy project map is shown on the attached figure. Our understanding of the project is based on the project description contained in the "North Gilroy Neighborhood Districts Urban Service Area Modification Narrative ", dated November 12, 2014, prepared by RJA. Much of the land within the project area would consist of residential uses. Although, there are a few pockets of commercial land uses throughout the project area and it may include up to two new elementary schools and one new middle school. There is also a generous amount of open space as well as a number of neighborhood parks planned for the project area. A number of new roadways and intersections would be built in the project area for local connectivity as well as to expand the overall transportation network in the area. Most of these new roadways are consistent with the current City of Gilroy General Plan. However, a few of the proposed roadways represents changes or additions to the current General Plan. The North Central Gilroy project area represents a significant amount of development potential for the City of Gilroy (approximately 4,000 residential units, whereas the. City of Gilroy currently has about 15,000 residential units). The transportation network within this area is largely nonexistent. Therefore, a transportation planning effort should take place first in order to size and configure the transportation network to support,the development of the project area as well as ensure connectivity to the planned roadway system as identified in the City's current General Plan. The transportation planning analyses will be done at the General Plan level using the City travel demand model to develop future traffic projections. The analysis will focus on volume -to- capacity (V /C) ratios for key roadway links in the study area. Although there are no formal development applications for the project area at this time, the analysis will evaluate a reasonable worst -case scenario development assumption to be provided by the City or EMC. Our scope and budget assume the transportation analysis will be based on one development alternative. The evaluation of multiple development alternatives would require additional time and budget. Our scope of work is broken into two phases of work. Phase 1 includes a preliminary assessment of the proposed land use plan and circulation concept for the project area. The primary purpose of this task is to identify major transportation related deficiencies associated with the project and to formulate improvements or changes in the project description to address those deficiencies.. Once the preliminary assessment of the transportation network has 8070 Santa Teresa Boulevard, Suite 230 -Gilroy, California 95020 phone 408.846.7410 • fax 408.846.7418 • wwwhextrans.com PF` Mrs. Teri WisslerAdam November 21, 2014 Page 2 of 8 1161® been made and any deficiencies have been addressed, Phase 2 work will begin. Phase 2 includes the preparation of a detailed traffic impact analysis (TIA) to document the impacts to the surrounding transportation system associated with the trips generated by the project area. Our proposed scope, of services was developed by Hexagon staff based on our understanding of the project, discussions of the project with City staff, and on our knowledge of the City's traffic study requirements. Scope of Services Phase 9 - Transportation Planning The purpose of this analysis is to perform a preliminary assessment of the transportation network needs associated with the North Central Gilroy project area and to identify a recommended transportation network for use in future planning efforts (Urban Service Area Amendment, General Plan Amendment, and Project Specific Plan). Study Facilities Traffic conditions will be evaluated .for the weekday AM and PM peak hours for key roadway segments and key intersections in the study area. The City's travel demand model will be used to generate V/C plots for the roadway network in the study area. These plots can be used to determine how well the proposed network would perform and to focus in on specific study intersections that would need a more detailed intersection level of service analysis performed. It is anticipated that V/C results would be evaluated, summarized, and documented in the report for expressways, arterials, and collectors. For the Phase 1 work, the key transportation facilities will be evaluated for the following study scenarios: General Plan (Current) Conditions without Project: General Plan build out conditions according to the current/existing General Plan, or "base line" General Plan conditions. The City of Gilroy travel demand model will be used to evaluate traffic conditions associated with the current City of Gilroy General Plan. This involves evaluating the traffic associated with the current General Plan land uses on the current General Plan transportation network. General Plan (Enhanced) Conditions with Project: General Plan build out conditions with enhanced General. Plan roadway network (from the 2009 Gilroy Traffic Forecasting Model and Genera/ Plan Roadway Network Evaluation Documentation Report) plus General Plan changes proposed by the project. The City's travel demand model will be used to evaluate traffic conditions associated with the proposed land -use changes and circulation element changes within the project area as well as key roadway network changes outside of the project limits that were identified in the 2009 Roadway Network Evaluation report. Based on the results of the study scenario above, Hexagon will identify any transportation network deficiencies and formulate additional network enhancements ( "mitigations ") to correct those deficiencies. Mitigation measures could include changing roadway lane configurations or street classifications, relocating roadways or roadway connections, adding bus routes, adding additional Caltrain service or stations, and improving freeway interchanges. The identified network enhancements will be incorporated into the project description for the EIR traffic study (Phase 2 below) or will be indentified as mitigation measures in the EIR traffic study. It is important to note that the City of Gilroy General Plan is currently in the process of being updated. However, that updated process is still in the early stages of evaluating land -use altematives. A preferred transportation network and land use plan have not yet been identified. Therefore, it is not possible to ensure that the general plan roadway network assumptions used in the analyses for this project will be consistent with the future General Plan. However, we will make every effort to guide the selection of general plan assumptions for this study based on what we know about the City's General Plan updated project Mrs. Teri Wissler Adam November 21, 2014 Page 3 of 8 Phase 1 Study Tasks The tasks to be included in the analysis are: 1. Kick -Off Meeting. Hexagon staff will attend a kick -off meeting between the project team members and City staff. 2. Project Scoping. The scope of work for the transportation- related aspects of the project will be refined in consultation with City staff and other project team members. We propose to meet with City staff separately to discuss the key assumptions and technical details of the various traffic analyses that will be conducted as part of our work. 3. Data Collection. Some additional existing traffic volume data may be needed in the project area in order to validate the travel demand model with respect to the roadways within the project area. The fee estimate includes costs for conducting new weekday AM and PM peak -period turning movement counts at nine intersections (18 peak -hour counts). Additional counts will require additional budget. Freeway traffic volumes will be obtained from the latest CMP conformance and monitoring report published by VTA. 4. Develop Traffic Forecasts. Hexagon will code separate model networks and land -use databases to represent the General Plan scenarios described above. The assumptions for these study scenarios will be developed in consultation with City staff. Hexagon will work with City of Gilroy staff and the project development team to identify the planned land uses and development intensities within each of the traffic analysis zones (TAZs) in the City of Gilroy travel demand model that represent the project area. Hexagon will conduct model runs for each of the scenarios listed above, review the results to ensure that the model processes are running properly, and make adjustments as necessary. 5. Trip Generation Estimates. The process of trip generation, trip distribution and trip assignment will be handled, by the travel demand model. However, for informational purposes, trip generation estimates for the project area will be developed manually and presented in the report. Based on the development scenario for the project area, project - generated traffic will be estimated using the appropriate vehicular trip generation rates published in the latest edition of ITE's Trip Generation. Hexagon will work with City and EMC staff to identify the appropriate land uses for the trip generation analysis. 6. Preliminary Assessment of Proposed Land Use and Circulation Plan. General Plan volumes for the General Plan study scenarios will be obtained from the City of Gilroy travel demand model. Roadway segment volume -to- capacity ratio information will be obtained from the travel demand model. Hexagon will conduct a qualitative and quantitative assessment of the proposed transportation network and the ability of it to support General Plan build out growth in the north part of the city. 7. Develop Enhanced Circulation Concept. Based on the results of the preliminary assessment, improvements and enhancements to the proposed transportation circulation network will be formulated in consultation with City staff. We will meet with City staff to go over the results and to develop network enhancements that are consistent with the City's goals. Phase 2 — Traffic Impact Analysis for Project -level EIR The Phase 2 work includes the preparation of a traffic impact analysis (TIA) to be included in the EIR for the project. The purpose of the TIA is to satisfy the requirements of the California Environmental Quality Act (CEQA), the City of Gilroy, and the Congestion Management Program (CMP) of the Santa Clara Valley Transportation Authority (VTA). The study will determine the traffic impacts of the proposed development on the key intersections and freeway segments in the vicinity of the site. Mrs. Teri Wissler Adam November 21, 2014 Page 4 of 8 Study Facilities Study Intersections Project impacts will be evaluated for the weekday AM and PM peak hours at key study intersections in the study area. The following list represents the anticipated study intersections: 1. Santa Teresa Boulevard and Fitzgerald Avenue 2. Wren Avenue and Fitzgerald (future) 3. Monterey Road and Fitzgerald Avenue /Masten Avenue 4. US 101 southbound ramps and Masten Avenue 5. US 101 northbound ramps and Masten Avenue 6. Monterey Road and Buena Vista Avenue 7. Santa Teresa Boulevard and Day Road (West) 8. Santa Teresa Boulevard and Christopher High School Driveway /Day Road 9. Kern Avenue and Day Road (future) 10. Wren Avenue and Day Road (future) 11. Church Street and Day Road (future) 12. Monterey Road and Day Road 13. US 101 southbound ramps and Day Road extension (future) 14. US 101 northbound ramps and Day Road extension (future) 15. Santa Teresa Boulevard and Sunrise Drivetfuture Cohansey Avenue extension 16. Kern Avenue and Cohansey Avenue (future) 17. Wren Avenue and Cohansey Avenue (recently constructed) 18. Church Street and Cohansey Avenue (future) 19. Monterey Road and Cohansey Avenue 20. Kern Avenue and Farrell Avenue (future) 21. Wren Avenue and Farrell Avenue 22. Church Street and Farrell Avenue 23. Monterey Road" and Farrell Avenue 24. Santa Teresa Boulevard and Longmeadow Drive 25. Santa Teresa Boulevard and Mantelli Drive 26. Kern Avenue and Mantelli Drive 27. Wren Avenue and Mantelli Drive 28. Church Street and Mantelli Drive 29. Kern Avenue and Welburn Avenue 30. Wren Avenue and Welbum Avenue 31. Church Street and Welbum Avenue 32. Monterey Road and Welbum Avenue/Leavesley Road 33. Murray Avenue and Leavesley Road 34. US 101 southbound ramps and Leavesley Road 35. US 101 northbound off ramp /San Ysidro Avenue and Leavesley Road Upon review by the City of Gilroy, if significant changes to the list are made, then we may need to amend our scope and budget. Study Freeway Segments It is likely that a freeway analysis would be necessary for this project. Per CMP guidelines, the traffic study will include an analysis of levels of service for the following study freeway segments: 1. US 101, between San Martin Avenue and Tennant Avenue 2. US 101, between Masten Avenue and San Martin Avenue 3. US 101, between Buena Vista Avenue (future interchange) and Masten Avenue 4. US 101, between Buena Vista Avenue (future interchange) and Leavesley Road PPF-Nq Mrs. Teri Wissler Adam November 21, 2014 Page 5 of 8 5. US 101, between Leavesley Road and 10th Street/Pacheco Pass Highway 6. US 101, between 10th Street/Pacheco Pass Highway and Monterey Road Additional locations will require authorization and additional budget. Phase 2 Study Scenarios The key transportation facilities will be evaluated for the following study scenarios: • Existing Conditions: Existing traffic volumes on the existing transportation network. • Existing Plus Project Conditions: Existing conditions + project trips. • General Plan (Current) Conditions without Project: Same as described above. • General Plan (Current) Conditions with Project: General Plan build out conditions with current General Plan as well as General Plan changes proposed by the project. This scenario will include any circulation element changes within the project area identified as necessary through the preliminary assessment transportation planning work (Phase 1). • General Plan (Enhanced) Conditions with Project: General Plan build out conditions with enhanced General Plan roadway network (from the 2009 Gilroy Traffic Forecasting Model and General Plan Roadway Network Evaluation Documentation Report) plus General Plan changes in the project area. Phase 2 Study Tasks The tasks to be included in the traffic impact analysis are: 1. Evaluation of Existing Conditions. The existing traffic conditions at the study intersections will be evaluated with the Santa Clara County CMP level of service methodology, TRAFFIX, using current peak -hour volumes. Freeway levels of service will be evaluated using the CMP freeway level of service analysis methodology and data provided by VTA. 2. Develop Traffic Forecasts. Hexagon will code separate model networks and land -use databases to represent the General Plan scenarios described above. Hexagon will conduct model runs for each of the scenarios listed above, review the results to ensure that the model processes are running properly, and make adjustment as necessary. 3. Trip Generation Estimates. For the General Plan scenarios, the process of trip generation, trip distribution and trip assignment will be handled by the travel demand model. For the other study scenarios, trip generation estimates for the project area will be developed manually and presented in the report. Based on the development scenario for the project area, project - generated traffic will be estimated using the appropriate vehicular trip generation rates published in the latest edition of ITE's Trip Generation. Hexagon will work with City and EMC staff to identify the appropriate land uses for the trip generation analysis. 4. Evaluation of Existing Plus Project Conditions. Project - generated traffic will be added to existing traffic volumes. This scenario also includes a re- assignment of existing traffic volumes to take advantage of the expanded roadway network that would be created with the development of the project area. This reassignment will be done with the aid of the City's travel demand model. Intersection levels of service under existing plus project conditions will be evaluated using the TRAFFIX software. Freeway levels of service will be evaluated using the CMP freeway level of service analysis methodology. Intersection and freeway impacts associated with the project will be evaluated relative to existing conditions. 5. Evaluation of General Plan Build out Conditions. General Plan volumes for the General Plan study scenarios will be obtained from the City of Gilroy travel demand model. Intersection information under General Plan Build out Conditions, including lane geometrics, will be assumed as directed by the City of Gilroy. Intersection levels of service under General Plan build out will be evaluated using the CMP methodology. Mrs. Teri WisslerAdam November 21, 2014 Page 6 of 8 6. Vehicle Miles of Travel (VMT). Hexagon will use the City of Gilroy travel demand model to calculate the baseline VMT without the project and the change in VMT with the project. The VMT will be calculated for internal and external trips and will be specified in absolute terms and per capita. The VMT calculations will be performed only for the General Plan build out scenarios described above. 7. Freeway Level of Service Analysis. The magnitude of project trips on the study freeway segments will be determined using the City's travel demand model. A freeway level of service analysis will be conducted for each study scenario, based on the CMP methodology, and the results of which will be documented in the report. 8. Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the project's likely effect on transit service in the area and on bicycle and pedestrian circulation in the study area will be included in the traffic report The traffic study will discuss the planned bicycle and pedestrian facilities included in the City's Trails Master Plan and Bicyde /Pedestrian Transportation Plan that relate to the project site. Recommendations for accommodating these planned facilities will be included in the report. Planned transit facilities within the project area will be assumed as directed by City staff and coded into the appropriate General Plan model networks. The effectiveness of transit facilities will be evaluated using the City's travel demand model. 9. Description of Impacts and Recommendations. Based on the results of the level of service calculations, impacts of the project -generated traffic will be identified and described. Recommendations will be formulated that identify the locations and types of improvements or modifications necessary to mitigate significant project impacts. Improvements could include street widenings, lane additions, changes in lane usage, addition of roundabouts or traffic signals, or modifying existing traffic signals. 10. Reports. Our findings and recommendations will be summarized in a draft report for review by the City Transportation Engineer, the environmental consultant, and /or City Planning staff. Hexagon will respond to editorial comments on the draft report and prepare a final report for inclusion in the EIR. The final traffic report and technical appendices will be submitted both in hardcopy and electronic formats. 11. Response to Comments. Hexagon staff will assist the City and EMC in responding to comments received on the transportation and circulation section of the Draft EIR. Our budget estimate assumes Hexagon staff time for responding to no more than ten (10) comment letters involving transportation - related issues. Responding to more than ten (10) comment letters would require a budget amendment. 12. Meetings. Our cost estimate includes Hexagon staff attendance at up to four (4) meetings with City and /or EMC staff in connection with the project. Attendance at additional meetings or at public hearings would require authorization and additional budget. 13. Additional Services. Any work not specifically referenced in the above Scope of Work —for example analyzing a different project description, conducting additional intersection counts, analyzing additional intersections, analyzing different phases of development, a protracted project schedule, and drawing concep- tual plans for mitigation measures— shall be considered additional services. Additional services will require additional budget and additional time. TIME OF PERFORMANCE Barring any unforeseen delays, we anticipate the preliminary transportation network assessment (Phase 1) work can be completed within four (4) weeks after. (1) authorization to proceed, (2) Hexagon's work scope is approved by the City, and (3) the project land use information by traffic analysis zone (TAZ) has been provided to us. Once Phase 1 work has been completed, we anticipate that the draft TIA will be submitted to the City Transportation Engineer for review within five (5) weeks. The final report will be delivered two weeks after receipt of all review comments on the draft. We are ready to start work on this project immediately upon authorization. �® Mrs. Teri Wissler Adam November 21, 2014 Page 7 of 8 COST OF SERVICES The cost for services rendered under this agreement will be billed on a time and expenses basis, not to exceed $132,000 for the scope of work described above. This includes $53,000 for the Phase 1 work and $79,000 for the Phase 2 work. Billings will be conducted monthly. This price quote is good for 30 days. This price quote assumes all project- related activities will be completed within one year. An extended project schedule will require additional budget for project administration. OPTIONAL TASKS A. Public Meetings. If invited, Hexagon will attend any public hearings in connection with the project. Hexagon staff attendance at public hearings will be billed as Additional Services at a cost of $800 per meeting. Hexagon will provide these optional services upon receipt of written authorization. We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have any questions, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. 1 14: Jeffrey A. Elia, P.E. Principal Associate L ,.t 1't ^ ,K fF .. E4•' V •':+ tY �ti t' •Y Y y,t'tt :r c i �:• ti, t ran S t a,.c {✓•Ft'^�h. y t 3 f y a 5 4 os k H r i�kta40 •• '� i _ v. r� ��' ���. s • � � !�' �,�,, �x',1 ', � yam' . 4- rt- -� -' L ki`�C �r�0 �� 9 � �� �q,� ,y,���q� ': � LP����'- .�,` '•T' s 7 t J t ppr s CNe15 wm t t' ,c - ~ °•' y t - 1. j mm S rDL a q5+• �� k�+�t� '�' f�.,'k 1 �f"`�. pi Y to v T rt rrna n ��4�j t� "�,�1l���{1 a,. y �� t.! u LLU.I u � i�:., k x Ey�,� n-tfi. . +u'.� ,t � • �rJ�. er t DWY� v wt i7�.e m . wL' .y �3' �.. "'i. •y...x A� • \ •1`j i' i '" \ . j,%"y ,• s? 11,�'�t•n 1 �z +� 7 "V a aM'n 6ey t''i4 } -�tttit try "Lr�j c1� i' C fc� � JcL. t ��,� � I'✓?'a � �iN �r`m l 1 �c. � y.• (a. 1�t t -' 7 •�w C d, autoti _ qi'���' - ANrW l�1Qj \r�.. i 'i gK gApK .,16 ScRom - qf, , .,.> ff--•. ♦t z �• {���rt,:�� 'K :n� .,� 0 $ t'C+. F yt5 .t. o- tKi!G?n at'f •G�c rrJ >.i, t '�srr t•' c:.i�Jt���G+,. {����r,;}� wr � �. `rtttp��s " }1 �.- ��_f�,.._":�!t _� >1t: "51 �� ���� } -� q- M ET� ate"• t ty __ ts;.t'lF-_'' =4 .h- i>- V�.a: —t, J �� � T ,f L.., t ] < < � t _ ^`•1.�.._, 1 . i �,�, '� c.1.}.s.• �cW� t.'� i S Z 'A µ (u..•u t+ 1 F p 1ACATTOM OF LAND U MS l r r j AND RUVASTRUCMW ARE SUBJECT 1! T ri r t� u i + ✓ !'F[271L1i17 4� �r S `t '.. 5 `t 1 U CIIANGE DMING THE M&STFR �.. 1 � %ry � l � w' PLAWSPECi[:1t: PLM STAGES ^� Y r- �{ •—rr 4 s ,.•t-. u.u� : jC. 4:> iv4-` r..✓,', Y�Yr`',.✓{} t7Ti�fl,? .:..7.�_f,��^"'�i7jt..�*iln ~_:+• _''" LEGEND FIGURE 3 k VETMEORHOM RESMOS f1AL NEIGHBORHOODS a OM SPACE DIAGRAM S.M PC nWUAC MMDLE SMOO1. M NORTH CENTRAL L NEIGHBORHOOD DISTRICTS 0 1000 2000 R JGGE i -AZAR , n1 f 1!! , rF •� ..� 8065 C,N�D tittli0'i'0 tdhDti 'A 06J98 aytKONe� Sute) n.e�oxo r.,r ('rig) aye -o.ct SCALE IN FEET: l*_­ 1000' 12 NOMR>rlL 2014 IW6W moawmW &AWe o 142406.1001 ATTACHMENT G FISCAL IMPACT ANALYSIS SCOPE OF WORK (APPLIED DEVELOPMENT ECONOMICS) City of Gilroy North Central Gilroy Urban Service Area 14 -01 Amendment ADE Scope of Work ADE recently completed the fiscal analysis of the Wren Investors Project adjacent to the North Central Gilroy USA. As a result, we have updated fiscal models for both the City of Gilroy and for Santa Clara County. The report will comply with Santa Clara County LAFCO guidelines for such studies, including the following. 1. The revenue impact to the County of changing the property tax jurisdiction from the County to the City. 2. The direct and indirect service cost impacts to the county of the proposed development on the site. Direct impact are imposed by residential developments that add population which must be provided with certain County services such as criminal justice and health care despite being located in the City of Gilroy. Indirect impacts are generated by non - residential development that may induce population growth with similar impacts. The ability of the City to sustain the fiscal impact of the development on its own services and public facilities. Task 1: Evaluate Project Socioeconomic Characteristics ADE will work with EMC Planning Group to identify the employment and population impacts of the proposed project in order to calculate the public service demands and fiscal impacts on both the City and the County. ADE will estimate the revenue potential of the project based on an analysis of likely development values, household incomes, direct and indirect business spending in the community and the employment that would be generated. Based on the concerns outlined above, the study is required to address fiscal impacts both to the County and to the City. As mentioned above, ADE has developed fiscal models for both jurisdictions for prior projects which are current for the 2014 -2015 Fiscal Year. If the fiscal analysis can be completed by June 2015, we would not need to update these models. Task 2: Draft Report Using the current fiscal impact model for Gilroy and the County, ADE will prepare a report outlining the projected fiscal impact on both jurisdictions both at full buildout and at specific future points in time as appropriate. The report will include recommendations for mitigating any fiscal impacts identified in the analysis. Task 3: Final Report Based on comments received from City staff, ADE will revise the draft report as needed and provide a final public draft of the report. Budget Task 1 $1,500 [Add $700 if fiscal model update is required after 6/30/15] Task 2 $2,660 Task 3 S 840 Subtotal $5,000 Planning Commission or City Council presentations - $1,500 per meeting Schedule ADE can complete the draft report one month from the data a project development scenario is available from the client to EMC Planning Group. EXHIBIT "C" MILESTONE SCHEDULE See 4835 - 7167- 0361v1 LAC104706083 Attached 5.0 RIOT -TO- EXCEED BUDGET The budget is divided into two, distinct tasks, for budget management purposes: one for staff support and one for the EIR and LAFCO documentation. The two budget spreadsheets are presented on the following page. The budget summary is as follows: Staff Support $169,754.60 EIR & LAFCO Documentation $362.942.80 Total $132.697.40 t:Ni < - -' YLAt�ILdlt�l�s 1111.!_71 iY ltd'. :.� -1 Rancho 101 Urban Service Area Amendment Staff Support Budget Task EMC Planning Group Inc. tall Postal/Deliverables Principal Planner Graphics Admin/Production Total Hours Total Co i ng a e (Per our ) $$2U5.00 $185.00 $105.110 1. Administration 8 16 0 2 ,6 .00 2. Coordination with City Staff, Applicant, and LAFCO 0 200 0 0 200 $37,000.00 3. Organize and Mana a the Project Record 0 24 0 4 28 $4,820.00 T. meetings and Telephone Conferences 4 144 0 0 148 $27,460.00 5. Application.Review 0 40 0 0 40 $7,400:00 6. Staff Report 2 24 0 0 26 $4;850.00 7. Public Hearings and Meetings 0 60 4 0 64 $11,520.00 8. LAFCO USA Application 0 16 0 f3 24 $3,720A0 9. LAFCO +Hearin s 0 12 2 0 14 $2,430.00 0. Miscellaneous 4 40 0 0 4 8,2203 Subtotal i 114ours) 8 576 6 2 To - -- ou_rs_. , e al; o_ - -, ; -j- Subtotal Cos 1 3,69 .0 1 3 0 $1,140;06 112,020.00 Additional Costs Production Costs $100.00 Travel Costs $500.00 Postal/Deliverables $50.50 Miscellaneous $100.00 lAdnmrdlnistr ve Overhead 0• a &0 iro Subconsultant Fees G (Storm Water) ;0 0. kel! Engineering, (Water, Sewer; Storm Drain 1,736.00 subconsultant Overhead WX $5,173.60 otal owl Total:costso $169,754.50 Rancho 101 Urban Service Area Amendment EIR and LAFCO Documentation Budget Revised Task EMC Planning Group Inc. Staff Sr. Principal Principal Planner Principal Planner Senior Planner $150. Associate Planner' Oraphics AdmfnfProducho Total Hours Total Cost Billing Rate (Per Hour) $205.0 $185.00 $185.00 $150.00 $125.00 $105.00 $95.00 IRO T IMPACT:RE T L. Administration & Management 16 36 0 0 M 0 0 8 60 810;700.0~ 2. Site Invests atienfResearcMick -off Meeting 8 16 0 8 8 0 0 60 $9,BOO.00. 3. NOP and Sce in M eetin 2 22 0 0 0 4 2 30 5 090.0 4. Admin Draft EIR 32 177 57 57 54 64 2 484 $78210.0 5. Draft EIR/Notice of Completion 4 24 4 12 8 4 8 Be $10 580:0 6.Admin Final EIR /MMP 8 80 4 0 4 0 2 8 106 $18;750:0 7. Final EIRIMMP 2 16 0 0' 2 0 0 0 20 1670:0 8. CEQA Findin sfSOC 4 24 0 0 0 0 0 0 28 $5 260.0 9. Meetings 4 Additionap 16 32 0 0 0 0 0 0 48 $9200:0 SUBTOTAL (EIR) 92 427 65 77 71 70 74 28 904 $151;2600 LAFCO DOCUMENTATION 1. Vacant Land Inventory, : 14 3 16 32 $5,000:001 2. Plan for Providing Sery ices : 16 3 40 - 64 $9.000.0 3. FlscalImpact Analysis 1 l 6 $1 150.0 4. Ma in 3 1 - 6 $790.0 BTOTAL. (LAFCO D000MENTATIONI d 36 0 0 0 56 10 0 108 $15,940. u of ours 4 3 6 84 8 ota i gars ! o co i ' Subtotal (Cost) $20 090.0 $85,655.00 $12 025.0 $11,550.00 $10 650.0 515 750:00 $8,820:00 $2 660.0 1012 $167,200. Additional Costs 1. Meetings - Costwi depend upon what team memberswill be needed. Production Costs $1,400.0 Travel Costs $300. Postal/Deliverables $100. Miscellaneous $150. dministraWeOverhead 10% 5195. Total 1 5. Subconsultant Fees 1. Meetings - Costwi depend upon what team memberswill be needed. Archaeological ConstAtina $800. Schaaf & Wheeler $20,000.0 I11ingworth & Rodkin $8,800.0 Hexagon $132,000.0 Akel En ineeri ater Su I Assessment $9,398.0 Applied Develo ment'Economics $6,000.0 ubconsultant Overhead 10% $17,599.8 otai $193,597. Total Costs ,942 OPTIONAL TASKS 1. Meetings - Costwi depend upon what team memberswill be needed. .0 $0.0 - $0.0 1 $0.0 EXHIBIT "D" PAYMENT SCHEDULE Payments to be made monthly, not to exceed contracted budget. 4835 -2267 -0361 v1 LAC104706083 CERTIFICATE OF LIABILITY INSURANCE 12ii2o1�) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ios) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Carmel Insurance Agency San Carlos 2 NW of 8th P.O. BOX 6117 Carmel CA 93921-6117 COME: � � NTACT Monique Thanos CIC PHONE (831) 624 -1234 FAX (831) 624 -4605 DD'RE ,moniquet @carmelinsurance.com INSURERS AFFORDING COVERAGE NAIC # INSURER -Colony. Insurance Company LIMITS INSURED EMC Planning Group, Inc. 301 Lighthouse Avenue Spite C Monterey CA 93940 INSURER B.-Nationwide Mutual INSURER C: INSURER D: INSURER E: $- -1,066,060 INSURER F: X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR COVERAGES' CERTIFICATE NUMBER:GL & Prof REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. L_ IMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. t R LT R TYPE OF INSURANCE L SUBR POLICY NUMBER POLICY M D EXP POLICY D/ LIMITS GENERAL LIABILITY EACH OCCURRENCE. $- -1,066,060 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE aOCCUR EPK.302184 /1/2014 /1/2015 PREM DAMAGE R TED E ISES Me occurrence) $ 50,000 MED. EXP (Any one person) $ 5,000 PERSONAL &ADVINJURY $ 1,000,000 X Aggregate Limits Include Professional Liability GENERAL AGGREGATE $ 3,000,000 GEITL AGGREGATE LIMIT APPLIES PER PRODUCTS - COMP /OP AGG $ 3,000,000 FiE POLICY PRO- LOC DEDUCTIBLE PER OCCURR $ 10,000 AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT accident) 1 000 000 X BODILY INJURY (Per .person) $ B ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS CP7834920791 /15/2014 /15/2015 BODILY INJURY (Par accident) $ PeOPERTYtDAMAGE $ NON-OWNED .HIRED AUTOS AUTOS $ UMBRELLA UAB I OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS UAB CLAIMS -MADE DED RETENTION $ WORKERS COMPENSATION WCSTATU- I JOTH- AND EMPLOYERS' LIABILITY YIN ANY PROPRIETORIPARTNER/EXECUTIVE E.L. EACH ACCIDENT $ OFFICERIMEMBER EXCLUDED? NIA - E.L. DISEASE - EA EMPLOYEE $ (Mandatory In NH) If yyes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT 1 $ A Errors & Ommisslons EPK302184 /1/2014 /1/2015 EACH CLAIM LIMIT 1,000,000 DEDUCTIBLE EACH CLAIM 10,000 DESCRIPTION OF OPERATIONS /.LOCATIONS / VEHICLES (AttachACORD 101, Additional Remarks Schedule, if more space Is required) RE: Rancho 101 USA Amendment EIR, Subject to a Signed, Written Agreement: The City of Gilroy, its officers and employees are named as Additional Insured under the General Liability per attached. endorsement EV242 -0312 and under the Auto Liability pet attached endorsement CA2048 02/99. 10 Days Notice of Cancellation for Non - Payment of Premium. LT The City of Gilroy Planning Divison Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 25 (2010/051 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE Little, CIC /MRT cr`r.�J��,°�•- 0 1988 -2010 ACORD CORPORATION - All riahts rpearvad INS025 oniomi ni Tho arni2n namc nnri Innn 2ro rcnictarorl mar4c of Arnpn 'AC °R° CERTIFICATE OF LIABILITY INSURANCE DATE(MWODNYYY) 7/3/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY. OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.: THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the poticy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsemen s . PRODUCER Carmel Insurance Agency San Carlos 2 DIFi of 8th CONTACT NAME Monique Thanos, CIC PHONE (831)624-1234 FAX - (831) 626 -4605 EMAIL .moniquet @carmelinsurance.com P.O. BOX 6117 Carmel. CA 93921 -6117 INSURERS AFFORDING COVERAGE NAIC p INSURER A:R lic Indemnity 0025 INSURED INSURER B: EMC Planning Group, Inc. 301 Lighthouse Avenue Suite C INSURERC- INSURER O: INSURER E Monterey CA 93940 INSURER F: EACH OCCURRENCE - - ­.—r.,.r.1..,nror-R: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL UBR POLICY NUMBER POLICY EFF M DD - POLICY EXP MM OD LIMITS GENERAL LIABILITY EACH OCCURRENCE $ COMMERCIAL GENERAL LIABILITY AMA E RED - E Ea _ S MED,EXP (Any one person $ CLAIMS -MADE 7 OCCUR PERSONAL 8 ADV INJURY $ GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- LOC PRODUCTS - COMP /OP AGG $ $ AUTOMOBILE LIABILITY COMBINED: SINGLE LIMIT ANY AUTO ALL OWNED SCHEDULED BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ AUTOS AUTOS NON-OWNED HIRED AUTOS AUTOS PROPERTY DAMAGE Per �cldent $ S UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTIONS WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETORIPARTNERIEXECUTIVE OFFICERIMEMBEREXCLUDED? (Mandatory In NH) If . yes, describe under A NIA 8205504 /10/2014 /10/2015 WC STATU- 01 N- X r $ EL EACH ACCIDENT $ 1,000,0001 E.L. DISEASE - EA EMPLOYE $ 1,000,0 00 E.L. DISEASE.- POLICY LIMIT TS 1 0.0.0_ 000 DESCRIPTION OF OPERATIONS below DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space .is required) ' 10 Days Notice of Cancellation Applies for non payment of premium The City of Gilroy Planning Divison Melissa Durkin 7351 Rosanna Street Gilroy, CA 95020 ACORD 25 (2010/05) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED IM Little, CIC /MRTecJ�Csf�y�^ a ©1988 -2010 ACORD CORPORATION. All rights reservarf rr,,, Amon_.... -- ..-A r......... «......:..a.....a ......4....t. AhA�r1 EMC PLANNING GROUP, INC. Policy #EPK302184 5/1/14 to 5/1/15 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s): Locations Of Covered Operations: Where Required By Written Contract Where Required By Written Contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section III -= Who Is An Insured within the Common Policy Provisions is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect .to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) desig- nated above. B_ With respect to the insurance afforded to these additional insureds, the following additional exclu- sions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after. 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EV242 -0312 Includes copyrighted material of ISO Properties, Inc., Page 1 of 1 with its permission. EMC Planning Group, Inc. Policy #: ACP7834920791 Policy Term: 3/15/14 to 3/15/15 CA 20 48 (02 -99) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name of Person(s) or Organization (s): The City of Gilroy, Its Officers and Employees (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section 11 of the Coverage Form. Copyright, Insurance Services Office, Inc., 1998 CA 20 48 (02 -99)