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Agreement - EMC Planning Group, Inc. - CEQA Revoew of Planning Application AS 21-13 & TM 21-02 for 6970 Camino Arroyo Development Project - Signed 2023-02-27
City of Gilroy Agreement/Contract Tracking Today’s Date: February 6, 2023 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: 12/31/2023 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 - Amendment 1 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 Sharon Goei, Community Development Director DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -1-4845-8215-5540v1 MDOLINGER\04706083 FIRST AMENDMENT TO EMC CAMINO ARROYO SUBDIVISION AGREEMENT WHEREAS, the City of Gilroy, a municipal corporation (“City”), and EMC Planning Group Inc. entered into that certain agreement entitled EMC Camino Arroyo Subdivision Agreement, effective on 2/23/2022, hereinafter referred to as “Original Agreement”; and WHEREAS, City and EMC Planning Group Inc. have determined it is in their mutual interest to amend certain terms of the Original Agreement. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, THE PARTIES AGREE AS FOLLOWS: 1.The first paragraph of Article I (Term of Agreement) of the Original Agreement shall be amended to read as follows: “This Agreement will become effective on 2/23/2022 and will continue in effect through 12/21/2023 unless terminated in accordance with the provisions of Article 7 of this Agreement.” 2.This Amendment shall be effective on 2/23/2023. 3.Except as expressly modified herein, all of the provisions of the Original Agreement shall remain in full force and effect. In the case of any inconsistencies between the Original Agreement and this Amendment, the terms of this Amendment shall control. 4.This Amendment may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Amendment to be executed as of the dates set forth besides their signatures below. CITY OF GILROY EMC PLANNING GROUP INC. By: By: [signature] Jimmy Forbis [signature] Michael Groves [employee name] City Administrator [name] President [title/department] [title] Date: Date: Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 2/10/20232/27/2023 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -1- 4835-2267-0361v1 LAC\04706083 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. DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -2- 4835-2267-0361v1 LAC\04706083 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.” DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -3- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -4- 4835-2267-0361v1 LAC\04706083 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. DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -5- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -6- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -7- 4835-2267-0361v1 LAC\04706083 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. DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -8- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -9- 4835-2267-0361v1 LAC\04706083 Approved as to Form ATTEST: City Attorney City Clerk DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -1- 4835-2267-0361v1 LAC\04706083 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. DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -2- 4835-2267-0361v1 LAC\04706083 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. DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -3- 4835-2267-0361v1 LAC\04706083 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. DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -4- 4835-2267-0361v1 LAC\04706083 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. DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -1- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -2- 4835-2267-0361v1 LAC\04706083 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; DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -3- 4835-2267-0361v1 LAC\04706083 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; DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -4- 4835-2267-0361v1 LAC\04706083 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: DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -5- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -6- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -7- 4835-2267-0361v1 LAC\04706083 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 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 Ms. Teri Wissler Adam October 7, 2021 Page 4 of 9 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 -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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 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-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 02/23/2022 Carmel Insurance Agency San Carlos 2 NW of 8th P.O. Box 6117 Carmel CA 93921-6117 Monique Thanos, CIC (831) 624-1234 (831) 624-4605 moniquet@carmelinsurance.com EMC Planning Group, Inc. 301 Lighthouse Avenue Suite C Monterey CA 93940 Admiral Insurance Company Nationwide Mutual 23787 Republic Indemnity 9999 GL, Auto WC, Excess A $10,000 Deductible/Occurrence FEIECC2432504 12/01/2021 12/01/2022 2,000,000 50,000 5,000 2,000,000 4,000,000 4,000,000 B ACP3008546333 12/01/2021 12/01/2022 1,000,000 Medical payments 5,000 A FEIEXS2432604 12/01/2021 12/01/2022 2,000,000 2,000,000 C 18205512 12/01/2021 12/01/2022 1,000,000 1,000,000 1,000,000 A Professional Liability Claims Made Retroactive Date 8/22/02 FEIECC2432504 12/01/2021 12/01/2022 Each Wrongful Act/Claim $2,000,000 General Aggregate Limit $2,000,000 Deductible/Wrongful Act $10,000 RE: "CEQA Environmental Review for the Camino Arroyo Development Project" - Subject to a Signed, Written Agreement: Certificate Holder is named as Additional Insured under the General Liability per attached endorsement CG2010 1001 and under the Auto Liability per attached endorsement CA2048 1013. 30 Days Notice of Cancellation, Except for Non-Payment of Premium which is 10 Days. The City of Gilroy, its officers, officials and employees 7351 Rosanna Street Gilroy CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsementmodifies insuranceprovided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsementidentifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. SCHEDULE Name Of Person(s) Or Organization(s): THE CITY OF GILROY, ITS OFFICERS, OFFICIALS AND EMPLOYEES Information required to complete this Schedule, if not shown above,will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph of Section –A.1. II Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph of Section – Covered AutosD.2. I Coveragesof the Auto Dealers Coverage Form. CA 20 48 10 13 Page 1 of 1© InsuranceServices Office, Inc.,2011 ACP BA 30-0-8546333 MACH 21277 INSURED COPY CA2048101300 0100 47 0009349 DocuSign Envelope ID: 19BBE42F-4E43-481B-8941-66684D81AA38DocuSign Envelope ID: 006B19DC-2329-48F5-B4D1-251472CA33C3