HomeMy WebLinkAboutAgreement - EMC Planning Group, Inc. - CEQA Review of Planning Application AS 21-13 & TM 21-02 for 6970 Camino Arroyo Development Project - Signed 2022-02-23
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AGREEMENT FOR SERVICES
(For contracts over $5,000 - CONSULTANT)
This AGREEMENT made this 23 day of February, 2022, between:
CITY: City of Gilroy, having a principal place of business at
7351 Rosanna Street, Gilroy, California
and CONSULTANT: EMC Planning Group, Inc., having a principal place of business at 301
Lighthouse Avenue, Suite C, Monterey, CA 93940.
ARTICLE 1. TERM OF AGREEMENT
This Agreement will become effective on February 23, 2022 and will continue in effect through
February 23, 2023 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 shall
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.
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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 $169,049.00.
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
responsible for any expenses incurred by CONSULTANT in performing services for CITY, except
for those expenses constituting “direct expenses” referenced on Exhibit “A.”
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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, erro rs 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, 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
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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;
• 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.
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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.H., 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
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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 exp enses 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.
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
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attorneys’ fees, which may be set by the court in the same action or in a separate action broug ht
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.
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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: CITY:
EMC PLANNING GROUP INC. CITY OF GILROY
By: By:
Name: Teri Wissler Adam Name: Jimmy Forbis
Title: Vice-President / Senior Principal Title: City Administrator
Social Security or Taxpayer
Identification Number 77-0126607
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Approved as to Form ATTEST:
City Attorney City Clerk
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City of Gilroy
Agreement/Contract Tracking
Today’s Date:
February 23, 2022 Your Name: Monica Sendejas
Contract
Type:
Services over $5k - Consultant Phone Number: 408-846-0266
Contract Effective Date:
(Date contract goes into effect)
2/23/2022
Contract Expiration Date: 2/23/2023
Contractor / Consultant Name:
(if an individual’s name, format as
last name, first name)
EMC Planning Group Inc.
Contract Subject:
(no more than 100 characters)
CEQA Review of Planning Application AS 21-13 & TM 21-02 for 6970
Camino Arroyo Development Project
Contract Amount:
(Total Amount of contract. If no
amount, leave blank)
$169,049.00
By submitting this form, I confirm
this information is complete:
➢ Date of Contract
➢ Contractor/Consultant name and complete address
➢ Terms of the agreement (start date, completion date or “until
project completion”, cap of compensation to be paid)
➢ Scope of Services, Terms of Payment, Milestone Schedule and
exhibit(s) attached
➢ Taxpayer ID or Social Security # and Contractors License # if
applicable
➢ Contractor/Consultant signer’s name and title
➢ City Administrator or Department Head Name, City Clerk
(Attest), City Attorney (Approved as to Form)
Routing Steps for Electronic Signature
Risk Manager
City Attorney Approval As to Form
City Administrator or Department Head
City Clerk Attestation
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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 Teri Wissler Adam, 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, Kraig
Tambornini 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.
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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, invoi ces,
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.
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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.
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H. NOTICES.
Notices are to be sent as follows:
CITY: Kraig Tambornini
City of Gilroy
7351 Rosanna Street
Gilroy, CA 95020
CONSULTANT: Teri Wissler Adam
EMC Planning Group, Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
I. 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.
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EXHIBIT “B”
SCOPE OF SERVICES
The initial study will evaluate the environmental impacts associated with development of the
proposed Camino Arroyo Development Project at 6970 Camino Arroyo, pursuant to the revised
proposal dated January 28, 2022 submitted in response to 22-RFP-CDD-467, using the Gilroy
2040 General Plan EIR, as well as Regency Centers Property EIR, as may still be applicable. The
proposed tasks are presented below.
Task 1 Management/Consultation/Meetings
This task includes coordinating staff, general management and administration, providing CEQA
consultation for client, and managing subconsultants.
This task also includes attendance at three meetings with City staff and one meeting with Caltrans
(all either virtually or in the City of Gilroy).
Task 2 Research
This task includes a thorough review of the application materials and review of the following plans
and documents, as applicable to the proposed project:
Gilroy 2040 General Plan;
Gilroy 2040 General Plan EIR;
Regency Centers Property EIR;
City of Gilroy Municipal Code;
City of Gilroy 2020 Urban Water Management Plan (anticipated to be adopted in October 2021);
City of Gilroy 2020 Water Shortage Contingency Plan (anticipated to be adopted in October
2021); and
Environmental documents prepared for project in the vicinity including but not limited to,
Project Garlic Initial Study/MND and UNFI Warehouse and Distribution Facility EIR.
Task 3 Transportation Analysis (Hexagon)
Hexagon Transportation Consultants will conduct a transportation analysis for the proposed
project. The scope of work is included in Attachment A.
The scope of work in Attachment A notes the General Plan network improvement to extend
Cameron Boulevard north to Marcella Avenue at Leavesley Road, and south to the extension of
Luchessa Avenue. However, Project Garlic, on the north side of SR 152, proposes to eliminate the
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extension at SR 152 through their site to Gilman Road. If the Project Garlic proposal is approved,
the scope of work would be modified accordingly, but would not result in a change to the budget.
Task 4 Air Quality, Greenhouse Gas Emissions, and Energy Evaluation
4.1 Emissions Modeling
Run the California Emissions Estimator Model (CalEEMod) to calculate the change in criteria air
pollutant and greenhouse gas (GHG) emissions based on the proposed land uses, the model’s
construction defaults, and information from the transportation analysis. Construction and
operational emissions will be modeled.
The following tasks will be completed:
Review the project description and information to identify proposed sources of criteria air
pollutants and GHGs and to develop the model data inputs.
Up to five model runs (unmitigated and mitigated) will be conducted to quantify the criteria
pollutants and GHG emissions during construction and operations of the overall project, and to
quantify as needed, GHG emissions generated by operations by phase;
Assumptions, methodology, and modeled results will be presented in a technical memorandum
for use as an appendix to the initial study;
Vehicle miles traveled (VMT) data generated by CalEEMod serves as a general proxy for the
magnitude of transportation fuel consumption. The VMT data from CalEEMod will be input into
the Emissions Factors (EMFAC) model to quantify the transportation fuel demand for all planned
and anticipated development. The modeled fuel demand results will be presented in an appendix
to the initial study;
4.2 Air Quality
The proposed development of each parcel and the project as a whole would result in an increase
in criteria air pollutant emissions during construction and operations. The proposed project may
also result in construction-related air quality impacts; however, because no sensitive receptors are
located within 1,000 feet of the project site, receptor exposures and associated health risks during
construction will be discussed qualitatively, consistent with air district guidance.
The following tasks will be completed:
Conduct a consistency analysis for each land use to determine if the proposed project is
consistent with the applicable air quality management plan;
Describe the physical and climatological characteristics of the air basin, existing air pollutant
conditions, and health effects of air pollutants;
Review current air district documents, policies, and regulatory requirements applicable to the
proposed project;
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Compare modeled air pollutant emissions results to air district’s impact thresholds to determine
if the proposed project would result in significant impacts from criteria air pollutant emissions;
Identify any project sources of hazardous air pollutants or odors, as well as any existing or
planned nearby sensitive receptors that could be affected; and
Present mitigation measures to reduce significant impacts to a less-than-significant level.
4.3 Greenhouse Gas Emissions
Construction and operation of uses on each individual parcel and the project as a whole will
generate greenhouse gas emissions (GHGs). GHG emissions would be quantified based on the
modeling scope identified in Section 4.1 above.
Two different thresholds of significance could be employed to evaluate the significance of impacts
for the project as a whole and/or for individual parcels. The choice will depend on the outcome of
the vehicle miles traveled (VMT) analysis prepared by Hexagon, the methodology of which is
discussed in the transportation analysis scope presented in Attachment A. The VMT analysis is a
substitute measure of a project’s mobile source GHGs. If the VMT impact from developing the
entire site and/or an individual parcel is less than significant, mobile source GHG emissions can
be omitted from the project/parcel GHG emissions inventory. In this case, the balance (non-mobile
source) emissions can either be evaluated against a service population threshold or a mass
emissions threshold. We would employ whichever threshold imposes a lower mitigation burden
on each developer.
An efficiency-based GHG threshold of significance would be derived for the buildout year of the
four parcels that current have active applications with the City. A second efficiency threshold
would be developed for the two parcels for which specific development is not currently proposed,
with an assumed buildout year of 2030. Mitigation for these two parcels would provide the
flexibility to define an earlier buildout year (and less stringent) threshold of significance. Where a
mass emissions (bright line) threshold may be a more advantageous approach, it will be based on
the air district’s prior CEQA guidance for the year 2020, with the threshold scaled down to reflect
deeper emissions reductions needed to meet the state reduction target for the year 2030.
For development on individual parcels that exceeds the applied threshold of significance,
mitigation will be proposed in the form of a GHG reduction plan. The reduction plan will call for
each developer to maximize on-site emissions reductions in an effort to reduce emissions to below
the threshold of significance. Where doing so is not feasible, the option to purchase GHG
emissions offset credits will be provided to reduce the impact to less than significant.
The following tasks will be completed:
Briefly summarized the applicable climate change policy and regulatory setting;
Develop efficiency-based thresholds of significance for the four parcels proposed for
development and another for the remaining two parcels. Calculate a mass emissions threshold for
projects with less-than-significant VMT impacts and for these parcels, determine whether the
efficiency threshold or mass emissions threshold creates the lowest mitigation burden;
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Calculate the service population associated with proposed/planned development on each parcel
for parcels where the service population threshold will be utilized;
Present CalEEMod results as may be modified by applying GHG reductions that accrue to state
legislative/regulatory actions;
Compare the service population-based project emissions to the efficiency threshold (or mass
emissions threshold as appropriate) to determine impact significance; and
Present mitigation to reduce significant impacts to a less-than-significant level.
4.4 Energy
Energy will be required to construct and operate the development planned for each parcel. The
three primary sources of energy consumption will be fuel use in vehicles traveling to and from the
project site, natural gas, and electricity in buildings. Energy demand from the cumulative planned
development will be calculated and reported. Parcel specific information will not be necessary
because the thresholds of significance for energy impacts are qualitative and development for each
parcel will be required to comply with uniformly applied regulations and to reduce GHG emission
via measures that also reduce energy demand.
The following tasks will be completed:
Report energy demand from on-site use of natural gas and electricity at buildout of the proposed
project based on the modeled CalEEMod results;
Identify transportation fuel demand result from cumulative development based on EMFAC
results;
Present thresholds of significance based on the CEQA Guidelines;
Identify regulatory requirements that would reduce energy demand from future development;
Describe energy demand reduction that would occur with implanting mitigation measures for
GHG impacts, if any;
Identify energy impacts; and
Present mitigation measures to reduce energy consumption, if necessary.
Task 5 Biological Resources Analysis
Based on a preliminary review of project plans, site photographs, and aerial photographs, the
proposed project site is a parcel (APN 841-70-149) of flat land dominated by annual grassland. A
review of the National Wetlands Inventory (NWI) shows there are no wetland features on the
project site.
According to the California Natural Diversity Database (CDFW 2021), there are a number of
specialstatus species with the potential to occur within the project area, including:
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Plants
Congdon’s tarplant (Centromadia parryi ssp. congdonii)
Hoover’s button-celery (Eryngium aristulatum var. hooveri)
Loma Prieta hoita (Hoita strobilina)
Most beautiful jewelflower (Streptanthus albidus ssp. peramoenus)
Pink creamsacs (Castilleja rubicundula var. rubicundula)
Prostrate vernal pool navarretia (Navarretia prostrata)
Saline clover (Trifolium hydrophilum)
San Joaquin spearscale (Extriplex joaquinana)
Wildlife
American badger (Taxidea taxus)
Burrowing owl (Athene cunicularia)
California red-legged frog (Rana draytonii)
California tiger salamander (Ambystoma californiense)
Hoary bat (Lasiurus cinereus)
Pallid bat (Antrozous pallidus)
Tricolored blackbird (Agelaius tricolor)
White-tailed kite (Elanus leucurus)
This evaluation will assess potential habitat present for special-status species in the area and
recommend mitigation measures for the protection of biological resources. If suitable habitat is
identified, recommendations may also include the need for additional specific or protocol-level
surveys to be conducted during an appropriate time of year.
The following scope of work includes tasks to conduct a reconnaissance-level biological survey
and prepare a section addressing biological resources in an Initial Study.
5.1 Research
Compile and review available project information, including preliminary site plans and aerial
photographs. Conduct a review to determine the special-status species that have been recorded as
occurring within the general project vicinity based on current database searches of CDFW’s
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California Natural Diversity Database (CNDDB), the California Native Plant Society (CNPS) Rare
and Endangered Plant Inventory, the US Fish and Wildlife Service (USFWS) Endangered Species
Program, the USFWS NWI; and other biological studies conducted in the vicinity of the project
site, including the studies prepared for the Project Garlic project north of SR 152.
Review the project Habitat Plan application and access the Santa Clara Valley Habitat Agency
Geobrowser to determine the fee zone and any surveys or other requirements that may be
necessary.
5.2 Reconnaissance-level Field Survey
Complete a reconnaissance-level field survey to (1) identify and map the principal plant
communities; (2) assess the potential for special-status species and their habitats, wildlife
movement corridors, potentially jurisdictional wetlands and waterways, regulated trees, and other
significant biological resources to occur; and (3) identify and map any observed locations of
special-status species and/or habitats. Plant and wildlife species observed during the survey will
be recorded in field notes. Any special-status species observed will be reported to the CNDDB in
compliance with CDFW permit requirements, after the information is provided to the client.
5.3 Initial Study Section
Prepare the biological resources section of the Initial Study, describing existing habitats and plant
and animal species found on the project site, and the occurrence of and/or potential for special-
status species and their habitats. If needed, one or more figures will be prepared to illustrate habitat
types and the location(s) of special-status species occurring on or in the vicinity of the project site.
Potential impacts to biological resources will be identified, and mitigation measures will be
provided to minimize potential impacts when possible.
Note: Focused surveys for specific plant and/or animal species are not included in this proposed
scope of work. The presence or absence of certain species can be determined during the
reconnaissance-level site assessment. If appropriate habitat for other sensitive species is observed
during the site assessment, species-specific surveys may be required (i.e., surveys for annual plants
not in bloom at the time of the reconnaissance-level survey, protocol-level surveys for special-
status wildlife species, etc.). Species-specific survey requirements will be determined based on the
results of the reconnaissance-level site assessment.
Task 6 Cultural and Tribal Resources
This scope of work does not include another archaeological survey, as surveys have been
conducted in the past on this site, as well as properties in the vicinity, with negative results.
However, this task includes obtaining an updated records search from the Northwest Information
Center to determine if any sensitive resources have been discovered in the vicinity since the
previously surveys were conducted for this project site. This records search may also assist the
City with Tribal Consultation in accordance with SB52 and CEQA.
Task 7 Environmental Noise Assessment
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WJV Acoustics will conduct an environmental noise assessment for the proposed project. The
scope of work is included in Attachment B.
Task 8 Administrative Draft Initial Study and Mitigated Negative Declaration
Prepare the administrative draft initial study and mitigated negative declaration and provide two
(2) paper copies and one (1) electronic version in Word format to the City for review and comment.
Task 9 Public Review Initial Study and Mitigated Negative Declaration
Revise the administrative draft initial study based upon City staff comments and prepare the public
review initial study and mitigated negative declaration. Provide two (2) paper copies and one (1)
electronic copy for City staff to upload to the City website.
Task 10 Public Notices and Document Distribution
Prepare a draft notice of intent, draft notice of completion, and draft OPR summary form for review
and comment by City staff.
Prepare final notices and file, along with the initial study and mitigated negative declaration,
electronically with the State Clearinghouse.
This scope assumes City staff will arrange for publishing the notice of intent with the Dispatch
and posting with the County Clerk.
Task 11 Response to Comments/Final Mitigated Negative Declaration/Mitigation Monitoring and
Reporting Program
Prepare a draft response to comments and final mitigated negative declaration, if necessary, for
review and approval by the City. One electronic proof copy will be provided. Upon receipt of the
City’s comments, our firm will prepare the final response to comments for incorporation into the
staff report and use by the decision-makers.
A draft and a final mitigation monitoring and reporting program will be prepared.
Task 12 Public Hearings and Notice of Determination
Project manager will attend two public hearings to answer questions on the mitigated negative
declaration and CEQA process.
Prepare notice of determination to be filed with the County Clerk and State Clearinghouse.
SEE ENCLOSED ATTACHMENT A: Transportation Analysis Scope of Work
SEE ENCLOSED ATTACHMENT B: Environmental Noise Assessment Scope of Work
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A
ATTACHMENT
Transportation Analysis Scope of Work
7.1.a
Packet Pg. 50 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
October 7, 2021
Ms. Teri Wissler Adam
EMC Planning Group
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Subject:Proposal to Prepare a Transportation Analysis for the Proposed Gilroy Square
Development at 6970 Camino Arroyo in Gilroy, California
Dear Ms. Wissler Adam:
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a transportation
analysis for the proposed Gilroy Square development in Gilroy, California. The project site is located at
6970 Camino Arroyo and consists of an undeveloped 10.18-acre site.The project site is bounded by
Pacheco Pass Highway (SR 152) to the north, Camino Arroyo to the west, Holloway Road to the south,
and undeveloped land to the east.It should be noted that the project site, along with the parcel south of
the project site to Holloway Road, was evaluated with potential development as Phase II of the Regency
Centers Gilroy Crossing shopping center project in 2002 (Regency Centers Traffic Impact Analysis, by
Hexagon). The Regency Centers Phase I project is located in the southwest corner of the Camino
Arroyo/Pacheco Pass Highway intersection, across the street from the project site, and is completed and
occupied (Gilroy Crossing shopping center).
The proposed project would be developed in three phases with the following land uses:
Parcel 1A –a 16-fueling positions gas station with a 2,880-square-foot (s.f.)convenience store and 1,152-
s.f. car wash; a 2,600-s.f.fast-food with drive-thru restaurant (Burger King)
Parcel 1B –a 112-room 5-story hotel (Residence Inn)and an 88-room 4-story hotel (Holiday Inn Express)
Parcel 2 –a 79,928-s.f. medical facility (treatment/outpatient only) and a 15,000-s.f. industrial warehouse
Access to the project site would be provided via three existing driveway openings along Camino Arroyo
and one along Holloway Road. Additionally, a fourth driveway is proposed along Camino Arroyo, north of
the Camino Arroyo/Gilroy Crossing intersection.
This scope of services was developed by Hexagon staff based on our knowledge of City of Gilroy traffic
study requirements. The City of Gilroy has not yet reviewed the scope of work below. Therefore,upon
their review, City staff may request changes to the scope of work or additional work elements not included
in our proposal.
Roadway Network
Under the current roadway network, all access to the project sites is provided via Pacheco Pass Highway.
In order to provide a secondary access route to the project site, a connection from the project area to the
south would be required.
The recently adopted City of Gilroy 2040 General Plan includes roadway improvements throughout the
city that will support the projected growth associated with buildout of the General Plan. Some of these
planned improvements would directly affect the project area by changing travel patterns. Planned roadway
network improvements in the project area include:
7.1.a
Packet Pg. 51 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
Page 2 of 9
The extension of Luchessa Avenue from its current terminus point at Rossi Lane eastward to
connect to the future Cameron Boulevard extension.
The extension of Cameron Boulevard to the north to connect to Marcella Avenue at Leavesley
Road and to the south to connect to the Luchessa Avenue extension.
The extension of Rossi Lane from its current terminus point at Luchessa Avenue northward to
connect to Holloway Road.
The planned new roadway connection between Luchessa Avenue/Rossi Lane and Holloway Road would
provide a second access route to/from the project site area to/from the south and southwest parts of
Gilroy.From conversations with City staff, this planned new roadway connection should be constructed
parallel to/west of Camino Arroyo/Venture Way and the existing UNFI building,and connect to Luchessa
Avenue at its planned extension rather than at Rossi Lane.
Therefore, this study will evaluate operations of the proposed project under the current roadway network
and assuming the construction of a new roadway providing a direct connection between Luchessa Avenue
and Holloway Road (referred to hereafter as the Luchessa/Holloway connection).The Luchessa/Holloway
connection, as described above, would replace the Rossi Lane extension to Holloway Road assumed in
the General Plan roadway network. Additionally, implementation of the Luchessa/Holloway connection will
require an evaluation of roadway traffic conditions and a General Plan Amendment.
SCOPE OF SERVICES
Our proposed scope of services was developed by Hexagon staff based on our understanding of the
project and our knowledge of the City’s traffic study requirements. The purpose of the traffic analysis is to
satisfy the requirements of the City of Gilroy, Caltrans, the Congestion Management Program (CMP) of
the Santa Clara Valley Transportation Authority (VTA), and CEQA. The study will determine the traffic
impacts of the proposed project on the transportation network in the vicinity of the site.
Historically, traffic impact analysis has focused on the identification of traffic impacts and potential
roadway improvements to relieve traffic congestion that may result due to proposed growth based on
delay. However, with the adoption of Senate Bill (SB) 743 legislation, effective July 1, 2020, public
agencies are required to base transportation impacts on vehicle miles traveled (VMT) rather than
congestion and delay metrics, such as Level of Service (LOS), as the measurement for CEQA
transportation analysis. The change in measurement is intended to better evaluate the effects on the
state’s goals for climate change and multi-modal transportation. In adherence to SB 743, the City of Gilroy
is currently developing the framework for new policies based on the implementation of VMT as the primary
measure of transportation impacts. Therefore, the effects and impacts to the transportation network as the
result of the implementation of the proposed project will be evaluated based on VMT.
However, the City of Gilroy currently uses LOS as their adopted methodology for the evaluation of the
effects of new development and land use changes on the local transportation network. In addition, the City
is still required to conform to the requirements of the VTA, which establishes a uniform program for
evaluating the transportation impacts of land use decisions on the designated CMP Roadway System.
Therefore, in addition to the evaluation of VMT, this transportation study also will include roadway capacity
analyses, based on level of service,to evaluate the effects of the proposed project on the citywide
transportation system, including intersections, freeway segments, and freeway ramps. The level of service
analysis is presented to determine conformance to General Plan transportation policies. However, the
determination of project impacts per CEQA requirements is based solely on the VMT analysis.
7.1.a
Packet Pg. 52 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
Page 3 of 9
VMT Evaluation Methodology and Criteria
Pursuant to SB 743, the Governor’s Office of Planning and Research (OPR) released the current CEQA
Guidelines Update in late 2018, which proposes VMT as the replacement metric for LOS in the context of
CEQA. While OPR emphasizes that a lead agency has the discretionary authority to establish thresholds
of significance, the Final Guidelines suggests criteria that indicate when a project may have a significant,
or less than significant, transportation impact on the environment. In accordance with CEQA, all proposed
projects are required to analyze transportation as a component of environmental review using average trip
length per resident and/or per employee as metrics (total VMT for retail/commercial projects).
The City of Gilroy draft guidelines for the evaluation of transportation impacts based on VMT are based on
OPR’s technical recommendations regarding assessment of VMT, thresholds of significance, and
mitigation measures, contained in their Technical Advisory on Evaluating Transportation Impacts in CEQA
document, dated December 2018. Thus, for the purpose of this analysis, a comparison of the citywide
VMT (or baseline VMT) versus the project’s VMT is made to determine the effects of the proposed project
on VMT. The VMT analysis will utilize OPR’s recommendation of a net increase in total VMT from baseline
conditions as the threshold to identify potential VMT impacts for commercial/retail projects and 15 percent
(%) below baseline conditions as the threshold to identify potential VMT impacts for employment projects.
The Valley Transportation Authority (VTA)VMT Evaluation Tool was developed to streamline the analysis
for development projects in Santa Clara County, however, it has the capability to analyze only the most
common land uses consisting of residential, office, and industrial land uses. For non-residential or non-
office projects, very large projects, or projects that can potentially shift travel patterns (such is the case of
the project), the City’s TDF Model,or other City-approved method,can be used to determine project VMT.
Thus,the CEQA VMT analysis will be completed utilizing the City of Gilroy Travel Demand Forecasting
(TDF) model.Total VMT will be calculated for the commercial/retail portion of the project and VMT per
employee for the employment components of the project.
If a project is found to have a significant impact on VMT, the impact must be reduced by modifying the
project to reduce its VMT to an acceptable level (below the identified thresholds of significance), mitigating
the impact through multimodal transportation improvements, implementing Transportation Demand
Management (TDM) measures, and/or by establishing a trip cap.
Roadway Capacity Analysis
For conformance with City of Gilroy General Plan transportation policies, the project will be required to
complete an analysis of the effects of project traffic on the local transportation system, or a roadway
capacity analysis. The roadway capacity analysis will include the evaluation of intersections based on
delay/level of service. A roadway segment analysis also will be completed to evaluate the effect of the
Luchessa/Holloway connection on operations along other roadway in the project area.
Preliminarily, we estimate a need to include up to 20 intersections, 8 roadway segments, 6 freeway
segments, and two freeway interchanges. The study intersections will be evaluated during the weekday
AM and PM peak commute hours and the Saturday peak-hour.The study freeway segments will be
evaluated during the weekday AM and PM peak hours only.The list of study facilities will be finalized in
coordination with City staff. Additional study facilities will require authorization and additional budget.
The study intersections, roadway segments, freeway segments, and freeway ramps we have identified are
listed below.
7.1.a
Packet Pg. 53 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
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Study Intersections
AM PM Sat
1 Monterey Street and Tenth Street 05/07/19 09/05/19 09/07/19
2 Alexander Street and Tenth Street 11/05/19 11/05/19 09/28/19
3 Chestnut Street and Tenth Street 05/07/19 05/07/19 09/07/19
4 US 101 SB Ramps and Tenth Street 05/07/19 05/07/19 09/07/19
5 US 101 NB Off-Ramp and Pacheco Pass Highway 05/07/19 05/07/19 09/07/19
6 Camino Arroyo and Pacheco Pass Highway 05/07/19 05/07/19 11/07/20
7 Silacci Way and Pacheco Pass Highway 11/05/20 11/05/20 11/07/20
8 Cameron Boulevard and Pacheco Pass Highway 11/20/19 11/05/20 11/07/20
9 Gilroy Foods and Pacheco Pass Highway 11/05/20 11/05/20 11/07/20
10 Holsclaw Road and Pacheco Pass Highway 01/23/18 01/23/18 11/18/17
11 Frazier Lake Road and Pacheco Pass Highway 01/23/18 01/23/18 11/18/17
12 Monterey Street and Luchessa Avenue 11/05/19 09/05/19 09/07/19
13 Automall Parkway and Luchessa Avenue N/A N/A N/A
14 US 101 SB Ramps and Monterey Road 03/27/18 09/05/19 09/07/19
15 US 101 NB Off-Ramp and Monterey Road 03/27/18 09/05/19 09/07/19
16 Camino Arroyo and Gilroy Crossing 11/23/18 11/23/18 11/18/17
17 Camino Arroyo and Holloway Road 11/23/18 11/23/18 11/18/17
18 Luchessa/Holloway Connection and Holloway Road (Future)Future Future Future
19 Luchessa/Holloway Connection and Luchessa Avenue (Future)Future Future Future
20 Rossi Lane and Luchessa Avenue (Future)Future Future Future
Available Count Dates
Study Roadway Segments
1.Camino Arroyo, between SR 152 and Holloway Road
2.Holloway Road, west of Camino Arroyo
3.SR 152, between US 101 and Camino Arroyo
4.Tenth Street, between Chestnut Street and US 101
5.Luchessa Avenue, between Rossi Lane and Luchessa/Holloway Connection (Future)
6.Luchessa Avenue, between Automall Parkway and Rossi Lane
7.Luchessa Avenue, between Monterey Road and Automall Parkway
8.Monterey Road, between Tenth Street and Luchessa Avenue
Study Freeway Segments
1.US 101, between SR 25 and Monterey Road
2.US 101, between Monterey and Pacheco Pass Highway
3.US 101, between Pacheco Pass Highway and Leavesley Road
4.US 101, between Leavesley Road and Buena Vista Road
5.US 101, between Buena Vista Road and Masten Avenue
6.US 101, between Masten Avenue and San Martin Avenue
Study Freeway Ramps
1.US 101 at Tenth Street
2.US 101 at Monterey Road
Study Scenarios
The key transportation facilities will be evaluated for the following study scenarios:
7.1.a
Packet Pg. 54 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
Page 5 of 9
Existing Conditions : Existing traffic volumes on the existing roadway network.
Background Conditions: Existing + approved developments on the existing roadway network.
Background + Project Conditions: Existing + approved developments + project trips on the
existing roadway network.
Background + Project Conditions + Luchessa/Holloway Connection*: Existing + approved
developments + project trips with traffic pattern changes associated with the proposed
Luchessa/Holloway connection.
Cumulative + Project Conditions + Luchessa/Holloway Connection*: Existing + approved
developments + potential developments + project trips with traffic pattern changes associated
with the proposed Luchessa/Holloway connection.
2040 General Plan No Project Conditions: Year 2040 General Plan buildout traffic volumes
without the project on the General Plan roadway network (including the planned Luchessa
Avenue and Rossi Lane extensions to Cameron Boulevard and Ho lloway Road, respectively).
2040 General Plan + Project Conditions: Year 2040 General Plan buildout traffic volumes +
project trips on the General Plan roadway network (including the planned Luchessa Avenue
and Rossi Lane extensions to Cameron Boulevard and Holloway Road, respectively).
2040 General Plan + Project Conditions + Luchessa/Holloway Connection: Year 2040
General Plan buildout traffic volumes + project trips on the General Plan roadway network (with
the proposed Luchessa/Holloway connection).
* The Gilroy 2040 General Plan TDF model will be utilized to obtain 2040 General Plan conditions traffic
volumes without and with the project under the planned and proposed roadway network.
Scope Tasks
The tasks to be included in the roadway capacity analysis are described below.
1.Site Reconnaissance. The physical characteristics of the site and the surrounding roadway network
will be reviewed to identify existing roadway cross-sections, intersection lane configurations, traffic
control devices, and surrounding land uses.
2.Observation of Existing Conditions.Existing traffic conditions will be observed in the field in order to
identify any operational deficiencies and to confirm the accuracy of calculated levels of service.
3.Data Collection. Available traffic count data at most of the study intersection is two or more years old
and therefore, is considered outdated. For this reason, new AM, PM, and Saturday peak-hour
intersection turn-movement traffic counts will be collected at 14 of the 17 existing study intersections
(see list of intersections). Because current traffic conditions on the roadway network may be consider
atypical due to the unprecedented conditions caused by the Covid19 pandemic, collected traffic count
data will be compared to available pre-pandemic traffic co unts and 2020 counts to determine if the
new 2021 counts are representative of what should be current traffic conditions, and/or to derive a
growth factor to be applied to the available/new counts. A total of 42 new peak-hour counts will be
collected at the study intersections.
In addition, 24-hour mechanical (tube) counts will be collected for a minimum of three consecutive
days (including Thursday,Friday, and Saturday)along the study roadway segments (8 segments).
The final number of study intersections and procedure to obtain existing traffic count data will be
determined in collaboration with City staff.
4.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
conditions peak-hour traffic volumes.
7.1.a
Packet Pg. 55 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
Page 6 of 9
5.Evaluation of Background/Approved Conditions. Traffic volumes from approved developments will
be added to the existing peak-hour volumes to obtain traffic volumes for background conditions. A list
of approved projects (including size, use, and location) will be obtained from the City of Gilroy Planning
Division for this task. Improvements associated with approved developments will be assumed as
directed by the City of Gilroy. Intersection levels of service under background conditions will be
evaluated using the CMP methodology.
6.Site Traffic Projections. Based on the proposed development size and land uses, site-generated
traffic will be estimated using the appropriate vehicular trip generation rates published in the latest
edition of ITE’s Trip Generation. The trip estimates also will account for applicable trip reductions, such
as pass-by and mixed-use reductions.
7.Trip Distribution and Assignment. The directional distribution of site-generated traffic utilized in the
2002 Regency Centers TIA will be reviewed and updated to reflect changes in the project description,
anticipated service areas, proposed site access points, existing and future roadway network, travel
patterns, and relative locations of complementary land uses in the area. Additionally, a trip distribution
pattern for project traffic with the Luchessa/Holloway connection will be developed based on
information obtained from the City’s TDF model. The site-generated traffic will be added to the
roadway network based on the directions of approach and departure discussed above.
8.Evaluation of Background + Project Conditions. Project-generated traffic will be added to
background traffic volumes to yield traffic volumes under background + project conditions. This
scenario will assume the existing roadway network. Background plus project conditions will be
evaluated for all three proposed development phases separately and collectively to identify the effect
each phase would have on the adjacent roadway network.Intersection levels of service under project
conditions will be evaluated using the CMP methodology.
9.Evaluation of Background + Project Conditions +Luchessa/Holloway Connection. This scenario
assumes the proposed Luchessa/Holloway connection would be implemented providing a second
access route to/from the project site.Traffic pattern changes associated with the Luchessa/Holloway
connection will be developed using the Gilroy TDF model and applied to background traffic volumes.
Project-generated traffic (with the Luchessa/Holloway connection) will be added to the redistributed
background traffic volumes to yield traffic volumes under background plus project conditions with the
Luchessa/Holloway connection. All three proposed development phases will be evaluated separately
and collectively to identify the effect each phase would have on the adjacent roadway network. This
scenario will identify the effect of providing a second access route on traffic operations with the project
on the surrounding roadway network.
10.Evaluation of Cumulative Plus Project Conditions +Luchessa/Holloway Connection. This
scenario represents traffic conditions with buildout of the proposed project as well as all other
approved and potential projects in the area on the future roadway network, including the proposed
Luchessa/Holloway connection. This scenario will identify the project’s contribution to the need for the
second access route (Luchessa/Holloway connection).
11.Evaluation of General Plan Conditions. A level of service analysis under 2040 General Plan
conditions without and with the project will be conducted. The General Plan scenarios will evaluate
traffic conditions under the 2040 General Plan Buildout conditions on the planned roadway network
(including the planned Rossi Lane extension between Luchessa Avenue and Holloway Road)without
the project and compare them to traffic conditions with the proposed project, as evaluated in the
recently completed General Plan update. Traffic volumes for General Plan conditions will be obtained
from the City’s traffic demand forecasting model. Intersection levels of service under General Plan
conditions will be evaluated using the CMP methodology.
7.1.a
Packet Pg. 56 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
Page 7 of 9
12.Evaluation of General Plan Conditions + Luchessa/Holloway Connection.This scenario will
evaluate General Plan with project conditions with the proposed Luchessa/Holloway connection.The
Luchessa/Holloway connection would replace the planned Rossi Lane extension as it is coded in the
Gilroy General Plan TDF model. This scenario will identify the effect of the proposed change in the
planned roadway network on General Plan traffic conditions.
13.Roadway Segment Analysis. Future conditions along each of the studied roadway segments will be
evaluated using average daily traffic (ADT)volumes (obtained from new tube counts and from the TDF
model)to identify the potential traffic pattern changes associated with the proposed
Luchessa/Holloway connection and its effects on the planned roadway network.
14.Signal Warrant Analysis.The need for future signalization of the unsignalized study intersections will
be evaluated on the basis of the Peak Hour Warrant (Warrant 3 –Part B) in the California Manual on
Uniform Traffic Control Devices. The warrant will be evaluated using peak-hour volumes for all study
scenarios.
15.Freeway Segment Analysis. Freeway level of service will be determined in accordance with the
Santa Clara County CMP guidelines for freeway analyses. The analysis will include evaluation of AM
and PM peak-hour freeway conditions for existing and project conditions. Deficiencies to freeway
segments caused by the project, if any, will be identified.
16.Freeway Ramp Analysis. Existing traffic volumes at the study freeway ramps will be obtained from
the existing traffic count data. Field measurements of existing vehicular queues and ramp meter rates
will be completed and supplemented with previously collected data at the study freeway ramps. The
freeway ramp analysis will evaluate the effects of project traffic on traffic volumes and queue lengths at
the study freeway ramps.
17.Evaluation of Vehicle Queue. For selected locations specified by City staff and/or where the project
is projected to add a significant number of turning traffic, the adequacy of existing storage at turn
pockets will be assessed by means of comparison with expected maximum vehicle queues.
18.Site Access, On-Site Circulation, and Parking Analysis. A review of the project site plan will be
performed to determine if adequate site access and on-site circulation are provided and to identify any
access or circulation issues that should be improved. This will include a quantitative analysis of the
anticipated traffic volumes at the site’s driveways, as well as a qualitative analysis of the proposed site
access and site layout. The review will be based on the site’s overall anticipated trip generation and
consider the following: sight distance, vehicle queuing at site access intersections and on-site, traffic
control requirements, driveway locations and alignment, on-site layout and circulation, and pedestrian
access and circulation. Additionally, the proposed parking supply on the site will be compared to City
parking requirements and documented in the traffic report.
19.Bicycle, Pedestrian, and Transit Facilities. A qualitative analysis of the project’s effect on transit
service and bicycle/pedestrian circulation in the study area will be conducted. Bicycle and pedestrian
circulation will be reviewed for consistency with the City’s General Plan, the Bicycle/Pedestrian
Transportation Plan, and the Complete Streets Policy. Connectivity between the project site and the
adjacent land uses,as well as pedestrian circulation within the project area, will be reviewed and
possible improvements identified, if necessary.
20.Description of Impacts and Recommendations. Based on the results of the above analyses,
deficiencies to the roadway network as the result of the site-generated traffic will be identified.
Recommendations will be formulated that identify the locations and types of improvements or
modifications necessary to mitigate significant project impacts. Improvements could include street
7.1.a
Packet Pg. 57 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
Page 8 of 9
widenings, lane additions, changes in lane usage, addition of traffic signals, or modifying existing traffic
signals.
21.Reports. Our findings and recommendations will be summarized in an administrative draft report for
review by the City Transportation Engineer. Hexagon Transportation Consultants will respond to
editorial comments on the administrative draft and prepare a draft report for review by the
environmental consultant and/or City Planning staff. Comments received on the draft report will be
addressed and a final traffic report will be developed.
22.Response to Comments. Hexagon will assist the City and the environmental consultant in
responding to comments on the traffic section of the EIR. The fee estimate includes up to 16 hours of
Hexagon staff time to responding to EIR comments.
23.Meetings. Our cost estimate includes Hexagon staff attendance at up to three meetings with City
and/or project team in connection with the project. In addition, budget has been allocated for
attendance at one meeting with Caltrans in connection with the project.Additional meetings will require
authorization and additional budget.
24.Public Meetings. Our cost estimate includes Hexagon staff attendance at two public meetings (one
Planning Commission meeting and one City Council meeting) in connection with this project.
Additional meetings will require authorization and additional budget.
ADDITIONAL SERVICES
Any work not specifically referenced in the above Scope of Services—for example,analyzing a different
project description, analyzing additional intersections or scenarios, analyzing different phases of
development, attending additional meetings, and providing engineering drawings or cost estimates for
mitigation measures—shall be considered additional services.Additional services will require additional
budget and time.
TIME OF PERFORMANCE
We are prepared to start work on this project immediately upon notice to proceed. Barring any unforeseen
delays, the administrative draft report will be submitted twelve weeks after (1) authorization to proceed, (2)
receipt of all requested project information from the project applicant, and (3) receipt of all data provided or
required by the City.The draft and final reports will each be delivered one week after receipt of all
respective review comments.
COST OF SERVICES
The cost for services rendered under this agreement (VMT evaluation and Work Items 1 through 24
associated with the roadway capacity analysis), as outlined above, will be billed on a time and expenses
basis, not to exceed $79,975, which includes $9,525 in data collection.Billing will be conducted monthly,
on a percent complete basis.Additional Services shall be provided upon authorization and, if requested,
will be billed separately. This price quote is good for 30 days and assumes that all project-related activities
will be completed within one year. Extended project schedules will require additional budget for project
administration.
7.1.a
Packet Pg. 58 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Ms. Teri Wissler Adam
October 7, 2021
Page 9 of 9
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.
Gicela Del Rio, T.E.
Senior Associate
7.1.a
Packet Pg. 59 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
B
ATTACHMENT
Environmental Noise Assessment Scope of Work
7.1.a
Packet Pg. 60 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Aviation Noise Studies ꞏ Community Noise ꞏ Architectural Acoustics ꞏ Environmental Noise Assessments
113 N. Church Street, Suite 203 ∙ Visalia, CA 93291∙ (559) 627-4923
1529 (Camino Arroyo Development Project, Gilroy)
October 4, 2021
Teri Wissler Adam
Senior Principal
EMC PLANNING GROUP INC.
301 Lighthouse Avenue, Suite C
Monterey, California 93940
RE: ENVIRONMENTAL NOISE ASSESSMENT, CAMINO ARROYO DEVELOPMENT
PROJECT, GILROY, CALIFORNIA
Dear Ms. Wissler Adam:
Based upon the information you have provided, WJV Acoustics, Inc. (WJVA) is pleased to submit
this proposal to prepare an environmental noise assessment for the above‐referenced project.
Following is a description of our proposed scope of services, fee and schedule for completion.
Scope of Services:
1. Conduct a project site inspection to evaluate the acoustical characteristics of the project
site and surrounding area, note the locations of nearby noise‐sensitive receptors and
identify existing noise sources in the project area. Conduct ambient noise monitoring
at representative locations throughout the project vicinity that could have potential
noise‐related conflicts as a result of the proposed project. It is anticipated that continuous
24‐hour ambient noise measurements will be conducted at up to two (2) locations using
automated noise monitors and that short‐term sampling of ambient noise levels will be
conducted at up to four (4) additional sites.
2. Analyze potential project‐related changes in roadway traffic noise exposure along
roadways near or adjacent to the project site. Calculations will be performed using the
FHWA Highway Traffic Noise Prediction Model and traffic data to be obtained from the
project traffic engineer or other sources as may be appropriate. Compare project‐related
changes in traffic noise exposure to applicable City of Gilroy noise level standards and
other thresholds of significance.
7.1.a
Packet Pg. 61 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Teri Wissler Adam
Senior Principal
EMC PLANNING GROUP INC.
October 4, 2021
Page 2
1529 (Camino Arroyo Development Project, Gilroy)
3. Evaluate potential noise impacts from the project including 1) noise levels from existing
noise sources as they may affect the proposed development, and 2) noise levels resulting
from development of the project as they may affect existing and proposed noise‐sensitive
uses in the project area.
4. If available, review the construction plans for the proposed hotels to determine the
outdoor‐to‐indoor noise level reduction (NLR) that would be expected from the proposed
building. Recommend additional sound attenuation measures if required for compliance
with the applicable City of Gilroy and California Building Code (CalGreen) interior noise
level standards. Alternatively, calculate the required NLR of the hotel façade if
construction details are not available at the time the analysis is prepared.
5. Quantify noise and vibration levels that would likely occur during construction of the
project as they could affect nearby existing or planned noise‐sensitive receptors. Identify
nearby existing or planned noise‐sensitive receptors that could be subjected to noise or
vibration levels in excess of applicable noise standards or CEQA thresholds as a result of
the project construction.
6. Prepare recommendations for noise mitigation as may be required to reduce significant
noise impacts to less‐than‐significant. Significance will be based on City of Gilroy noise
standards and the CEQA Guidelines criteria. Identify any significant project‐related noise
impacts that cannot be reasonably mitigated.
7. Prepare a written technical report summarizing the methods, findings and
recommendations of the study. The report and associated exhibits will be formatted to
facilitate incorporation into the CEQA documents being prepared for the project.
Fee:
WJVA proposes to provide the services described above for a total fee of $8,850, including
expenses. Attendance of meetings or hearings, if required, would be subject to additional charges
based upon the enclosed Fee Schedule plus expenses. Full payment for services rendered will be
due upon submittal of the completed report.
7.1.a
Packet Pg. 62 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Teri Wissler Adam
Senior Principal
EMC PLANNING GROUP INC.
October 4, 2021
Page 3
1529 (Camino Arroyo Development Project, Gilroy)
Schedule For Completion:
Work will be scheduled for completion in compliance with the overall project schedule. It is
anticipated that the noise study will be completed within 30 days after receipt of all necessary
maps, traffic data, project information and the notice‐to‐proceed.
We are looking forward to the possibility of working with you on this project. Please do not
hesitate to contact me at (559) 627‐4923 or walter@wjvacoustics.com if you have any questions
or would like additional information.
Sincerely,
WJV ACOUSTICS, INC.
Walter J. Van Groningen
President
WJV:wjv
Enclosure: Fee Schedule
7.1.a
Packet Pg. 63 Attachment: EMC Planning - Camino Arroyo Subdivision Proposal (3602 : Award of Contract for CEQA Review of Planning Application AS21-DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
-1- 4835-2267-0361v1
LAC\04706083
EXHIBIT “C”
MILESTONE SCHEDULE
See attached Camino Arroyo Development Project IS/MND Schedule.
DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Activity NameStart Date Finish Date31 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26Nov 2021 Dec 2021 Jan 2022 Feb 2022 Mar 2022 Apr 2022 May 2022 Jun 202231 7 14 21 28 5 12 19 26 2 9 16 23 30 6 13 20 27 6 13 20 27 3 10 17 24 1 8 15 22 29 5 12 19 26Authorization to Proceed11/1/21 11/1/21Research11/1/21 11/30/21Draft Transportation Analysis11/1/21 1/24/22City Staff Review1/24/22 2/4/22Final Transportation Analysis2/4/22 2/11/22AQ/GHG/Energy1/24/22 2/11/22Biological Resources11/8/21 12/17/21Environmental Noise Assessment11/8/21 12/17/21Admin Draft IS/MND10/11/21 2/25/22City Staff Review2/28/22 3/11/22Public Review IS/MND3/14/22 3/25/22Noticing and Distribution3/28/22 4/1/2230-day Public Review Period4/4/22 5/5/22Response to Comments/Final MND/MMRP5/5/22 5/20/22Public Hearings6/1/22 6/30/22123456789101112131415Camino Arroyo Development Project IS/MNDScheduleDocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
4835-2267-0361v1
LAC\04706083
EXHIBIT “D”
PAYMENT SCHEDULE
See attached Camino Arroyo Development Project IS/MND Budget.
Payments will be processed on a monthly basis following receipt of the consultant's monthly
invoice.
DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
TaskStaffSenior Principal PrincipalAssociate Planner Principal BiologistAssociate BiologistGraphicsProduction ManagerAdmin./ ProductionBilling Rate (Per Hour) $250.00 $225.00 $150.00 $190.00 $130.00 $95.00 $125.00 $115.001. Management/Consultation/Meetings 20.0 0.0 8.0 0.0 0.0 0.0 0.0 4.0 32.0 $6,660.002. Research 2.0 0.0 10.0 0.0 0.0 0.0 0.0 0.0 12.0 $2,000.003. Transportation Analysis 2.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 3.0 $650.004. Air Quality, Greenhouse Gas Emissions, and Energy 0.0 66.0 0.0 0.0 0.0 0.0 0.0 0.0 66.0 $14,850.005. Biological Resources 0.0 0.0 0.0 4.0 36.0 2.0 0.0 0.0 42.0 $5,630.006. Cultural and Tribal Resources 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 2.0 $300.007. Environmental Noise Assessment 0.0 0.0 2.0 0.0 0.0 0.0 0.0 0.0 2.0 $300.008. Administrative Draft IS/MND 16.0 0.0 52.0 0.0 0.0 16.0 4.0 2.0 90.0 $14,050.009. Public Review Draft IS/MND 4.0 0.0 8.0 0.0 2.0 2.0 4.0 2.0 22.0 $3,380.0010. Public Notices and Document Distribution 0.0 0.0 4.0 0.0 0.0 0.0 0.0 1.0 5.0 $715.0011. Response to Comments/Final MND/MMRP 8.0 2.0 8.0 2.0 0.0 0.0 0.0 0.0 20.0 $4,030.0012. Public Hearings and NOD 8.0 0.0 1.0 0.0 0.0 0.0 0.0 0.0 9.0 $2,150.00Subtotal (Hours)60.0 68.0 96.0 6.0 38.0 20.0 8.0 9.0Total Hours Total CostSubtotal (Cost)$15,000.00 $15,300.00 $14,400.00 $1,140.00 $4,940.00 $1,900.00 $1,000.00 $1,035.00305.0 $54,715.00Additional CostsProduction CostsTravel CostsPostal/DeliverablesMiscellaneous (NWIC Records Search and CNDDB)Administrative Overhead 10%TotalSubconsultant FeesHexagon Transportation ConsultantsWJV AcousticsSubconsultant Overhead 10%TotalTotal CostsNOTE: This proposal is valid for 90 days$79,975.00$8,850.00$153,681.34$8,882.50$97,707.50$550.00$1,258.84$114.44$294.40$200.00$100.00Camino Arroyo Development Project IS/MND BudgetEMC Planning Group Inc.Total CostTotalHoursDocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38
Certificate Of Completion
Envelope Id: 19BBE42F4E43481B894166684D81AA38 Status: Completed
Subject: Please DocuSign: Agreement for Services -
Source Envelope:
Document Pages: 42 Signatures: 8 Envelope Originator:
Certificate Pages: 5 Initials: 1 Monica Sendejas
AutoNav: Enabled
EnvelopeId Stamping: Enabled
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
7351 Rosanna Street
Gilroy, CA 95020
monica.sendejas@cityofgilroy.org
IP Address: 66.189.161.134
Record Tracking
Status: Original
2/23/2022 4:46:14 PM
Holder: Monica Sendejas
monica.sendejas@cityofgilroy.org
Location: DocuSign
Signer Events Signature Timestamp
Teri Wissler Adam
wissler@emcplanning.com
Vice President
Security Level: Email, Account Authentication
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Electronic Record and Signature Disclosure:
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ID: 74b23051-b162-49ab-85bd-bf1a453c991d
LeeAnn McPhillips
LeeAnn.McPhillips@cityofgilroy.org
Administrative Services Director
City of Gilroy
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Andy Faber
andy.faber@berliner.com
City Attorney
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Jimmy Forbis
jimmy.forbis@cityofgilroy.org
City Administrator
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Thai Pham
thai.pham@cityofgilroy.org
City Clerk
City of Gilroy
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disclosure in paper format and withdraw your consent to receive notices and disclosures
electronically is described below.
Consequences of changing your mind
If you elect to receive required notices and disclosures only in paper format, it will slow the
speed at which we can complete certain steps in transactions with you and delivering services to
you because we will need first to send the required notices or disclosures to you in paper format,
and then wait until we receive back from you your acknowledgment of your receipt of such
paper notices or disclosures. Further, you will no longer be able to use the DocuSign system to
receive required notices and consents electronically from us or to sign electronically documents
from us.
All notices and disclosures will be sent to you electronically
Electronic Record and Signature Disclosure created on: 12/11/2020 11:40:22 AM
Parties agreed to: Teri Wissler Adam, LeeAnn McPhillips, Andy Faber, Jimmy Forbis, Thai Pham
Unless you tell us otherwise in accordance with the procedures described herein, we will provide
electronically to you through the DocuSign system all required notices, disclosures,
authorizations, acknowledgements, and other documents that are required to be provided or made
available to you during the course of our relationship with you. To reduce the chance of you
inadvertently not receiving any notice or disclosure, we prefer to provide all of the required
notices and disclosures to you by the same method and to the same address that you have given
us. Thus, you can receive all the disclosures and notices electronically or in paper format through
the paper mail delivery system. If you do not agree with this process, please let us know as
described below. Please also see the paragraph immediately above that describes the
consequences of your electing not to receive delivery of the notices and disclosures
electronically from us.
How to contact City of Gilroy:
You may contact us to let us know of your changes as to how we may contact you electronically,
to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
To contact us by email send messages to: christina.ruiz@cityofgilroy.org
To advise City of Gilroy of your new email address
To let us know of a change in your email address where we should send notices and disclosures
electronically to you, you must send an email message to us at christina.ruiz@cityofgilroy.org
and in the body of such request you must state: your previous email address, your new email
address. We do not require any other information from you to change your email address.
If you created a DocuSign account, you may update it with your new email address through your
account preferences.
To request paper copies from City of Gilroy
To request delivery from us of paper copies of the notices and disclosures previously provided
by us to you electronically, you must send us an email to christina.ruiz@cityofgilroy.org and in
the body of such request you must state your email address, full name, mailing address, and
telephone number. We will bill you for any fees at that time, if any.
To withdraw your consent with City of Gilroy
To inform us that you no longer wish to receive future notices and disclosures in electronic
format you may:
i. decline to sign a document from within your signing session, and on the subsequent page,
select the check-box indicating you wish to withdraw your consent, or you may;
ii. send us an email to christina.ruiz@cityofgilroy.org and in the body of such request you must
state your email, full name, mailing address, and telephone number. We do not need any other
information from you to withdraw consent.. The consequences of your withdrawing consent for
online documents will be that transactions may take a longer time to process..
Required hardware and software
The minimum system requirements for using the DocuSign system may change over time. The
current system requirements are found here: https://support.docusign.com/guides/signer-guide-
signing-system-requirements.
Acknowledging your access and consent to receive and sign documents electronically
To confirm to us that you can access this information electronically, which will be similar to
other electronic notices and disclosures that we will provide to you, please confirm that you have
read this ERSD, and (i) that you are able to print on paper or electronically save this ERSD for
your future reference and access; or (ii) that you are able to email this ERSD to an email address
where you will be able to print on paper or save it for your future reference and access. Further,
if you consent to receiving notices and disclosures exclusively in electronic format as described
herein, then select the check-box next to ‘I agree to use electronic records and signatures’ before
clicking ‘CONTINUE’ within the DocuSign system.
By selecting the check-box next to ‘I agree to use electronic records and signatures’, you confirm
that:
You can access and read this Electronic Record and Signature Disclosure; and
You can print on paper this Electronic Record and Signature Disclosure, or save or send
this Electronic Record and Disclosure to a location where you can print it, for future
reference and access; and
Until or unless you notify City of Gilroy as described above, you consent to receive
exclusively through electronic means all notices, disclosures, authorizations,
acknowledgements, and other documents that are required to be provided or made
available to you by City of Gilroy during the course of your relationship with City of
Gilroy.