Resolution No. 2022-64 w/ Conslting Services Agreement — Gonzales City Council, September 6, 2022

RESOLUTION NO. 2022-64

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES AUTHORIZING

EXECUTION OF A CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF

GONZALES AND EMC PLANNING GROUP FOR PREPARATION OF CEQA DOCUMENTS FOR THE GLORIA RD COOLER – BALANCE OF CEQA SERVICES AS DESCRIBED IN THE EMC AUGUST 19, 2022 PROPOSAL
WHEREAS, on January 18, 2022, the City Council Adopted Resolution No. 2022-09, establishing a threeyear on-call consultant list for planning services that included EMC Planning Group; and WHEREAS, about March 2022, the Rianda Family Limited Partnership approached the City about the possibility of annexing a portion of their Gloria Road property within the City Sphere of Influence (SOI) for the development of an agricultural cooler facility; and
WHEREAS, the Rianda Family Limited Partnership also asked that the City to process a discretionary permit application for the agricultural cooler facility once the land areas are within the City limits upon a successful annexation; and
WHEREAS, on April 18, 2022, the City Council approved a Reimbursement Agreement between the City of Gonzales and Rianda Family Limited Partnership and authorized the City Manager to sign the agreement; and WHEREAS, City staff and the Rianda Family Limited Partnership and their representatives have been working to enhance the project description, proposed facility configuration and have been considering on-site and off -site improvements that may be necessary to support the cooler facility; and WHEREAS, the client requested and directed the City to explore traffic impacts first before committing additional financial resources to the full CEQA environmental review. The city accommodated this direction of the Rianda Family Limited Partnership and prepared a consulting services agreement and scope of work to only include a Phase 1 Scope of Work to evaluate traffic impacts (Resolution 2022-33); and WHEREAS, as the Phase 1 Scope of Work to evaluate traffic impacts has now been completed and potential traffic impacts understood by the client, the Rianda Family Limited Partnership has now directed the City to proceed with the balance of the full CEQA environmental review; and WHEREAS, a new Consulting Services Agreement between the City of Gonzales and EMC Planning Group must be developed and signed by all parties prior to work commencing on the balance of the full CEQA environmental review; and
WHEREAS, while the monetary amount of the contract will reflect the full costs and state-required tasks and processes associated with the construction of a defensible Environmental Impact Report (EIR), the expressed hope of the client’s team is to avoid the need for an EIR if it can be determined that a determination of a Mitigated Negative Declaration will suffice; and
WHEREAS, while EMC Planning Group has estimated that approximately $225,510 will be needed to complete the CEQA review, and the client’s team has expressed a hope for actual costs to be less than this amount if the City can determine that a Mitigated Negative Declaration will suffice, never-the-less, the client has expressed a desire to proceed with the balance of environmental review; and WHEREAS, all work will be prepared in accordance with the requirements of the California Environmental Quality Act; and
WHEREAS, it is the client’s and City’s intention to complete the CEQA review and deliver the project through all City and LAFCo processes.

NOW THEREFORE, BE IT HEREBY RESOLVED that the City Manager is authorized and further directed to prepare and execute an appropriate contract with EMC Planning Group in the amount not to exceed $225,510.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 6th day of September 2022, by the following vote:

AYES: COUNCILMEMBERS:

NOES: COUNCIL MEMBERS:

ABSTAIN: COUNCIL MEMBERS:

ABSENT: COUNCIL MEMBERS:
_______________________________
Jose L. Rios, The Honorable Mayor
ATTEST:
_____________________________
Mary Villegas, Deputy City Clerk
Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 1 of 13

CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF GONZALES AND

EMC PLANNING GROUP FOR PREPARATION OF CEQA/NEPA DOCUMENTS FOR THE GLORIA RD COOLER – BALANCE OF CEQA SERVICES
AS DESCRIBED IN THE EMC AUGUST 19, 2022 PROPOSAL
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and EMC Planning Group ("Consultant") (together sometimes referred to as the "Parties") as of September 7, 2022 (the "Effective Date").

Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the August 19, 2022 Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail.

1.1 Term of Services. The term of this Agreement shall begin on the Effective Date September 7, 2022 and shall end on December 31, 2023, and Consultant shall complete the work described in Exhibit A on or before that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as referenced in Section 8.

1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged.

1.3 Assignment of Personnel. Consultant shall assign competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons.

1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to satisfy Consultant's obligations hereunder.

Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $225,510, notwithstanding any contrary indications that may be contained in Consultant's proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City in writing, Consultant shall not bill City for duplicate services performed by more than one person.

Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 2 of 13 Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement.

2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information:
 Serial identifications of invoices; i.e., Invoice No. 1 for the first invoice, etc.;  The beginning and ending dates of the billing period;  A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion;
 A copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and any reimbursable expense;
 The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder;
 Consultant shall give separate notice to the City when the total number of hours worked by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and City. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and City, if applicable.

2.2 Monthly Payment. City shall make payments, based on submitted invoices, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have 30 days from the receipt of an invoice that complies with all of the requirements above to pay Consultant.

2.3 <<Not Used>>

2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement.

In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment.

Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 3 of 13

2.5 Hourly Fees. Fees for work performed by Consultant shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.

2.6 Reimbursable Expenses. Reimbursable expenses are included in the total authorized compensation provided under this Agreement.

2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any federal or state taxes.

2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date.

2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator.

Section 3. FACILITIES AND EQUIPMENT. Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement.

Section 4. INSURANCE REQUIREMENTS. Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors.

Consistent with the following provisions, Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to the City.

Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence that such insurance is in effect to City.

Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. Consultant shall maintain all required insurance listed herein for the duration of this Agreement.

4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than $1,000,000 per accident. In the alternative, Consultant may rely on a selfinsurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 4 of 13 discretion of the Contract Administrator. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement.

4.2 Commercial General and Automobile Liability Insurance.

4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than $1,000,000 per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial General Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting therefrom, and damage to property resulting from activities contemplated under this Agreement, including the use of owned and non-owned automobiles.

4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 (most recent edition) covering comprehensive General Liability on an "occurrence" basis. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001, Code 1 (any auto). No endorsement shall be attached limiting the coverage.

4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy:
a. The Insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis.
b. City, its officers, officials, employees, and volunteers are to be covered as insureds as respects: liability arising out of work or operations performed by or on behalf of the Consultant; or automobiles owned, leased, hired, or borrowed by the Consultant.
c. For any claims related to this Agreement or the work hereunder, the Consultant's insurance covered shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Consultant's insurance and shall not contribute with it.

Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 5 of 13 d. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled by either party, except after 30 days' prior written notice has been provided to the City.

4.3 Professional Liability Insurance.

4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than $1,000,000 covering the licensed professionals' errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 per claim.

4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form:
a. The retroactive date of the policy must be shown and must be before the date of the Agreement.
b. Insurance must be maintained, and evidence of insurance must be provided for at least five years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement.
d. A copy of the claim reporting requirements must be submitted to the City for review prior to the commencement of any work under this Agreement.

4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy.

4.4 All Policies Requirements.

4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A: VII.

4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 6 of 13 beginning work, it shall not waive the Consultant's obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time.

4.4.3 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the written approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. At the option of the City, either: the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officers, employees, and volunteers; or the Consultant shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

4.4.4 Wasting Policies. No policy required by this Section 4 shall include a "wasting" policy limit (i.e., limit that is eroded by the cost of defense).

4.4.5 Waiver of Subrogation. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss. Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation.

The Workers' Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant, its employees, agents, and subcontractors.

4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein.

4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach:
 Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement;
 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or  Terminate this Agreement.

Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 7 of 13 Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law, with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to City, indemnify, and hold City, its officers, employees, agents, and volunteers, harmless from and against any and all claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, ("Claims"). Consultant will bear all losses, costs, damages, expense and liability of every kind, nature and description that arise out of, pertain to, or relate to such Claims, whether directly or indirectly ("Liability"). Such obligations to defend, hold harmless and indemnify the City shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence, or willful misconduct of the City.

With respect to third party claims against the Consultant, the Consultant waives any and all rights of any type of express or implied indemnity against the Indemnitees.

Notwithstanding the forgoing, to the extent this Agreement is a "construction contract" as defined by California Civil Code section 2783, as may be amended from time to time, such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782.

Section 6. STATUS OF CONSULTANT.

6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits.

6.2 Consultant Not an Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever.

Section 7. LEGAL REQUIREMENTS.

7.1 Governing Law. The laws of the State of California shall govern this Agreement.

7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright, patent, or trademark law. Consultant's Failure to comply with any law(s) or Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 8 of 13 regulation(s) applicable to the performance of the work hereunder shall constitute a breach of contract.

7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program.

7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from City.

7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby.

Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement.

Section 8. TERMINATION AND MODIFICATION.

8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant.

Consultant may cancel this Agreement upon 30 days' written notice to City and shall include in such notice the reasons for cancellation.

In the event of termination, Consultant shall be entitled to compensation for services performed to the effective date of termination; City, however, may condition payment of such compensation upon Consultant delivering to City any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement.

Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 9 of 13

8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period.

8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties.

8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant.

Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator.

8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement.

8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, the following:

8.6.1 Immediately terminate the Agreement;

8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement;

8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or

8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work.

Section 9. KEEPING AND STATUS OF RECORDS.

9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 10 of 13 records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement.

It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties.

9.2 Consultant's Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement.

9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds $10,000.00, the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement.

Section 10 MISCELLANEOUS PROVISIONS.

10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose.

10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County of Monterey or in the United States District Court for the Northern District of California.

10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any other provision of this Agreement.

Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 11 of 13

10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement.

10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties.

10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper.

10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq.

Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq.

Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant.

Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California.

10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials.

10.9 Contract Administration. This Agreement shall be administered by the City Community Development Director, ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his/her designee.

10.10 Notices. Written notice to Consultant shall be sent to:

Teri Wissler Adam, Senior Principal
EMC Planning Group
301 Lighthouse Avenue, Suite C
Written notice to City shall be sent to:

Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 12 of 13 Taven M. Kinison Brown, Community Development Director
[email protected]
City of Gonzales
P.O. Box 647
Gonzales, CA 93926
AND
Mary Villegas, Administrative Specialist/Deputy City Clerk [email protected]
City of Gonzales
P.O. Box 647
Gonzales, CA 93926

10.11 Professional Seal. Where applicable in the determination of the Contract Administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example.
_________________________________________
Seal and Signature of Registered Professional with
report/design responsibility.

10.12 Integration. This Agreement, including the scope of work attached hereto and incorporated herein as Exhibits A, and B represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral.

Exhibit A August 19, 2022 - Scope of Work for CEQA Services Exhibit B Fee Estimate / Budget

10.13 Counterparts. This Agreement may be executed in multiple counterparts, each of which shall be an original and all of which together shall constitute one agreement.

10.14 Non-Responsibility for General Contractor Responsibilities and Duties. Unless otherwise agreed by City and Consultant in writing, nothing in Consultant's services shall be construed to mean that Consultant assumes any of the contractual responsibilities or duties of the general contractor. The general contractor is solely responsible for construction means, methods, sequences and procedures used in the construction of a project and for related performance in accordance with its contract with the City. The Consulting Services Agreement between Effective Date - September 7, 2022 City of Gonzales and EMC Planning Group - Gloria Rd Cooler Balance of CEQA Services Page 13 of 13 general contractor shall not be relieved of its responsibility for the safety of the workplace or for the method or manner of construction. The Consultant and its personnel have no authority to exercise any control over or charge of acts or omissions of the general contractor or their employees in connection with the construction work.

The Parties have executed this Agreement as of the Effective Date.

CITY OF GONZALES EMC PLANNING GROUP
Patrick Dobbins, Acting City Manager Teri Wissler Adam, Senior Principal Attest:

Mary Villegas, Deputy City Clerk
Proposal
Gloria Road Cooler Project
CEQA Services
August 19, 2022
Prepared by
EMC Planning Group

EXHIBIT A

EXHIBIT A
This document was produced on recycled paper.

PROPOSAL

GLORIA ROAD COOLER PROJECT

CEQA SERVICES

PREPARED FOR
City of Gonzales
Tavin Kinison Brown, Community Development Director
147 4th Street
Gonzales, CA 93926
Tel 831.675.5000

PREPARED BY
EMC Planning Group Inc.
301 Lighthouse Avenue, Suite C
Monterey, CA 93940
Tel 831.649.1799
Ron Sissem, Senior Principal
[email protected]
www.emcplanning.com
August 19, 2022

EXHIBIT A

EXHIBIT A
Table of Contents

1.0 INTRODUCTION......................................................................................................... 1-1

2.0 PROJECT TEAM.......................................................................................................... 2-1

3.0 APPROACH AND SCOPE OF WORK.......................................................................... 3-1

3.1 CEQA Approach .................................................................................................................... 3-1

3.2 Environmental Issues............................................................................................................. 3-1

3.3 Scope of Work ........................................................................................................................ 3-3

4.0 BUDGET ..................................................................................................................... 4-1

4.1 Proposed Budget and Budget Variables .............................................................................. 4-1

5.0 SCHEDULE ................................................................................................................. 5-1

EXHIBIT A

1.0 Introduction 1-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

1.0 Introduction
The City of Gonzales has requested EMC Planning Group to prepare a proposal to provide CEQA services for a proposed agricultural cooler project on Gloria Road (“proposed project”). The project site is located just east of, but contiguous to the City of Gonzales city limits. EMC Planning Group’s experience with planning and CEQA documentation for projects in the City, including the Puente del Monte specific plan project, within whose boundaries the proposed project site is located, will be of significant benefit.

The scope of work and budget can be refined as needed based on further collaboration with City staff. Amendments could be needed if currently unknown or revised project elements raise environmental issues not currently assumed based on our understanding of the project.

EXHIBIT A

1.0 Introduction 1-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 This side intentionally left blank.

EXHIBIT A

2.0 Project Team 2-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

2.0 Project Team
EMC Planning Group
Ron Sissem, Senior Principal will serve as the overall project manager. Teri Wissler Adam, Senior Principal, will serve in a CEQA advisory role and provide product quality control. Additional EMC Planning Group staff will contribute to preparing the CEQA document. EMC Planning Group will also prepare the air quality, biological resources, cultural/tribal cultural resources, and greenhouse gas emissions analyses to be included in the EIR.

Peer Review Consultants
As has been discussed with City staff and the applicant, it is assumed that the applicant team will prepare a noise analysis and a hazardous materials analysis as inputs to the CEQA process. Once these are submitted by the applicant, EMC Planning Group will review the content and make recommendations to the City about whether third-party peer review of one or both of the analyses should occur. If so, EMC Planning Group will coordinate with the City to modify the scope of work and budget to include peer review consultants.

EXHIBIT A

2.0 Project Team 2-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 This side intentionally left blank.

EXHIBIT A

3.0 Approach and Scope of Work 3-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

3.0 Approach and Scope of Work

3.1 CEQA Approach
At this time, it is assumed that an EIR will be required. Some information in the EIR can be tiered from the City of Gonzales General Plan EIR, and information in the administrative draft version of the Puente del Monte and Vista Lucia EIRs will be useful for reference. For several environmental topics, including aesthetics, agriculture, geology and soils, mineral resources, fire and police protection, schools, parks, and solid waste, it is assumed that the impact analyses can be tiered from the general plan EIR, and therefore, the analysis level of effort would be reduced. Use of existing information to reduce time and cost will be prioritized.

An initial study is not proposed as part of this scope. Pursuant to CEQA Guidelines section 15063(c), an initial study can be used to determine whether an EIR or negative declaration is appropriate and to focus the scope of the subsequent environmental document on effects found to be significant in the initial study. If the City determines at a later date that an initial study should be prepared, the scope and budget herein can be modified to reflect the change.

3.2 Environmental Issues
Baseline Environment
As briefly referenced in the applicant’s April 27, 2022 draft project description, the applicant would consolidate operations at other existing facilities at the proposed facility. The existing operations would constitute the baseline conditions for a number of environmental topics to be evaluated in the EIR. Consequently, it will be important for the applicant to provide information on the locations, types, and operational characteristics of the existing operations so the net change in conditions resulting from consolidation can be ascertained. It would be challenging to quantitatively determine the net change in a way that is defensible as evidence in the CEQA document. Therefore, at minimum, qualitative changes from the consolidation will be discussed across environmental topics where this aspect of the project has implications. These include, but may not be limited to: air quality and greenhouse gases (GHGs). Until that information is known, the level of effort assumed in the project budget to address this change in the EIR as a whole is considered preliminary.

EXHIBIT A

3.0 Approach and Scope of Work 3-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Agricultural Resources
The general plan EIR and the administrative draft Puente del Monte EIR evaluated impacts of implementing the general plan, including loss of Important Farmland resulting from future development, including development of the proposed project site. The City has already adopted a statement of overriding consideration for this impact. Further, because the project is agricultural focused, it is likely that converting the site to a non-agricultural use would not be a significant impact. Consequently, there should be no need to evaluate this impact in detail in this EIR.

It will be important to collaborate with the City to determine the applicability of the City’s agricultural mitigation program to the proposed project.

Air Quality
Air emissions modeling and a complete analysis of criteria air pollutant impacts will be conducted.

A health risk assessment is not proposed at this time. Information from the applicant will be needed as input to the modeling process and the applicant’s input on criteria emissions that are specific to the proposed technology/processes to be employed may be necessary.

Biological Resources
Biological resources conditions within the broader Puente del Monte site were evaluated as part of the EIR process for that project. That analysis was based on conditions in the field, including on the project site, that may have since changed. Site specific reconnaissance will be necessary to identify current biological resources conditions as a basis to identify potentially significant impacts.

Greenhouse Gases
Pursuant to CEQA Guidelines Sections 15064(h)(3) and 15130(d), if a project is consistent with the requirements of an adopted plan, such as a climate action plan, that is prepared consistent with CEQA Guidelines Section 15183.5(b), the lead agency may determine that the GHG impacts are less than significant with no further analysis required. The City of Gonzales Climate Action Plan (CAP) was adopted in 2013 and updated in 2018. This document serves as the City’s adopted plan for reducing GHG impacts. However, it is unlikely that GHG emissions from a project of the type proposed were anticipated in the GHG emissions projections included in the CAP. Therefore, it is unlikely that the GHG analysis for the project can be streamlined from the CAP. The inability to streamline commonly occurs where a project includes a general plan land use amendment, as is anticipated for the proposed project.

As has been the case for many years, GHG impact evaluation methodology continues to evolve in response to a continually changing state legislative landscape and to related case law. In continued absence of specific GHG threshold or analysis guidance direction from the Monterey Bay Air Resources District, two potential analysis options are contemplated. The first would use the emission projections in the CAP to derive a service population threshold of significance for the

EXHIBIT A

3.0 Approach and Scope of Work 3-3 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 project. The volume of emissions by which the project exceeds the threshold would have to be mitigated through a combination of onsite and/or offsite GHG reduction measures and if needed, purchase of carbon offsets. The second would be to set a threshold of net zero GHG emissions – all GHG emissions from the project would have to be mitigated in the same fashion.

EMC Planning Group will discuss GHG analysis methodology options with City staff. The proposed budget assumes a level of effort to develop a quantified threshold of significance using the CAP data as a basis. Significant effort will be needed to model the project’s mobile source GHG emissions. Data may be needed from the applicant as part of this effort. The analysis scope includes limited coordination with the applicant team on GHG reduction options.

Noise
The applicant team will prepare a noise analysis that reflects detailed information about stationary noise sources associated with the unique production equipment associated with the project. The analysis is needed to address project noise compatibility with future adjacent noise sensitive uses.

Changes in traffic noise must be included in the analysis, as changes could adversely impact noise sensitive uses located along roadways onto which project-generated traffic, particularly trucks, would be distributed.

VMT
With the passage of SB 7643, the VMT effects of the proposed project must be evaluated. A VMT analysis that considers the contribution of truck trips as well as how truck trips and employee trips might differ from those of the baseline operations at other locations where the applicant operates similar uses has been prepared. The results of that analysis will be incorporated into the EIR.

Water Supply
As discussed with City staff, it appears that the proposed project is not of a sufficient size to trigger the requirement to prepare a water supply assessment pursuant to Senate Bill 610. The EIR will include a general analysis of the project water balance – that is, it’s net projected demand relative to demand from the existing agricultural use of the project site. Additional information which may be available from the City, including water supply assessments being prepared for other projects, will be used as an input to the analysis. Consistency with the applicable groundwater sustainability plan must also be evaluated.

3.3 Scope of Work
Contract Administration/Management
This activity includes managing/invoicing the CEQA services contract, invoicing, subconsultant contract management and invoicing, providing regular email progress reports to City staff.

EXHIBIT A

3.0 Approach and Scope of Work 3-4 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Process Management and Communications
Unlike project administration tasks, this activity addresses process management time; day-to-day email and other communications with City staff, the public, and the applicant; EMC Planning Group staff management; etc.

Kick-Off Meeting
 Prepare for and facilitate a kick-off meeting with City staff and the project applicant. The purpose is to further articulate the project description, review and revise the preliminary project schedule as needed, obtain submittals from the applicant, and discuss other topics including communications protocols, key environmental issues, potential public controversy, forthcoming and/or information needs from the applicant, etc. EMC Planning Group will prepare an agenda for the meeting and provide summary notes after the meeting.  On the same day as the kick-off meeting, EMC Planning Group staff would also conduct a site investigation to document existing conditions at the project site and in the vicinity, catalogue land use and resource issues, and prepare photo documentation for use in the EIR.

Meetings and Teleconferences
It is assumed that several meetings with City staff and the applicant will be required during the CEQA and project consideration phases of the project. Up to four (4) in-person meetings are assumed in this task. The level of effort assumed for each includes preparation time, (materials, printing, coordination, agenda, etc.), meeting time, and a written meeting summary.

Up to twelve (12) scheduled calls are assumed. The level of effort assumed for each includes preparation time, materials, coordination, agenda, call time, and miscellaneous follow-up actions.

Applicant Technical Report Coordination/Review
This task includes EMC Planning Group review of applicant technical reports. It does not include the cost of peer reviews if such are needed. At this time, it is assumed that the applicant will be responsible for preparing hazardous materials and noise reports for the project.

Notice of Preparation
 Prepare a draft Notice of Preparation (NOP) for review and comment by City staff. Obtain comments from City staff. Comments will be incorporated into a final NOP;  Prepare a Notice of Completion (NOC) and a project Summary Form;  Circulate the NOP and initial study, Summary Form, and NOC to the State Clearinghouse (City has already authorized EMC Planning Group to act as its agent for this purpose);  Circulate the NOP directly to federal agencies as needed; and

EXHIBIT A

3.0 Approach and Scope of Work 3-5 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022  Circulate the NOP to individuals, organizations and agencies on the City’s CEQA document distribution list, and to possible local responsible/trustee agencies including the Monterey Bay Air Resources District.

Assumptions:
 One review round of the draft NOP by City staff.

Deliverables:
 One (1) Word and one (1) electronic copy of the final documents.

Scoping Meeting
 Prepare for, coordinate, and conduct a scoping meeting during the 30-day comment period for the NOP;
 Prepare handouts consisting of the NOP and any other brief, informative materials as may be needed; and
 Record comments in a meeting summary memo.

Assumptions:
 City staff to secure and organize scoping meeting venue.

Deliverables:
 Handouts as noted and summary of comments.

Technical Studies
Based on EMC Planning Group’s preliminary understanding of the project and project context, the technical analysis listed below are anticipated and included in the proposed budget.

Technical Analyses Included in the Scope of Work and Budget Technical Analysis Preparer
Air Quality EMC Planning Group
Biological Resources EMC Planning Group
Cultural Resources EMC Planning Group
Greenhouse Gas EMC Planning Group
The biological resources assessment scope of work does not include wetland/waterway assessment or delineation, or regulatory agency coordination/permitting.

As discussed with City staff, the proposed project does not appear to meet any of the criteria that would trigger the need for a water supply assessment. As also discussed, it is assumed that the applicant will prepare a hazardous material analysis and a noise analysis (to include traffic noise).

EXHIBIT A

3.0 Approach and Scope of Work 3-6 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Administrative Draft EIR
 Review all responses to the NOP to ensure that all relevant concerns raised are addressed in the administrative draft EIR;
 Correspond with City staff, and responsible, trustee, and other affected agencies as necessary to clarify issues to be addressed in the administrative draft EIR;  Conduct tribal consultation process as needed to meet Senate Bill 18 and Assembly Bill 52 requirements;
 Prepare the administrative draft EIR. The EIR will include the following major sections:
• Introduction;
• Summary;
• Environmental setting – as well as describing existing physical environmental conditions, the setting will include a general plan policy consistency analysis; • Project Description:

Using inputs from the applicant and project application, EMC Planning Group will first prepare and submit an administrative draft project description suitable for use in the EIR to City staff for review and comment. The project description would then be forwarded to the applicant team for review and comment. It is assumed that the applicant review will not result in the need to conduct new or expanded technical analyses or otherwise trigger the need for an expanded level of effort to prepare the draft project description.

Applicant comments will be reviewed with City staff, with City staff to determine which comments should be accepted. A draft will then be prepared for integration into the EIR. Having a stable project description that does not “migrate” after this time is fundamental for preparing the remainder of the EIR and for avoiding schedule and cost overruns;
• Project analysis, impacts and mitigation measures – the significance of project impacts and mitigation measures for significant impacts will be identified using the CEQA Guidelines Appendix G checklist (as may be modified in collaboration with the City), with a focus on key issue areas identified by EMC Planning Group in collaboration with City staff. Each environmental topic analysis will be presented in a separate chapter; • Growth inducing impacts, cumulative impacts, and irreversible changes in the environment resulting from implement the project;
• Alternatives - up to four (4), including a no project alternative; • EIR preparers, persons contacted and references consulted; and • Technical appendices.

EXHIBIT A

3.0 Approach and Scope of Work 3-7 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Assumptions:
 One round of City staff comments on the administrative draft project description;  One round of integrated comments on the administrative draft project description from the applicant team and no new technical analyses or other unforeseen level of effort required; and
 One round of City staff comments on the administrative draft EIR.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the draft project description for review and comment; and
 One (1) electronic Word version, one (1) electronic PDF version of the administrative draft EIR for review and comment.

Screencheck Draft EIR
 Communicate with City staff to discuss City comments and outstanding issues on the administrative draft EIR;
 Revise the administrative draft EIR to incorporate City staff comments; and  Produce a screencheck draft EIR.

Assumptions:
 Same as described for the administrative draft EIR.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the screencheck draft EIR for review and comment.

Draft EIR, Notice of Completion and Notice of Availability  In consultation with City staff, incorporate City staff comments on the screencheck draft EIR into a public review draft EIR;
 Prepare a draft NOC and Notice of Availability (NOA) for City staff review and comment;  Produce draft EIR with appendices;
 Distribute draft EIR and NOC to the State Clearinghouse; and  Publish the NOA in the local newspaper (City staff), post the NOA with the County Clerk, distribute the NOA to stakeholders on the City’s CEQA document distribution list and to applicable local responsible/trustee agencies, and distribute hard copies of the draft EIR to locations where it can be available for public review (e.g., Planning Department, library, etc.).

Assumptions:
 City staff to be responsible for coordinating and paying for publishing the NOA in the local newspaper.

EXHIBIT A

3.0 Approach and Scope of Work 3-8 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version, and six (6) hard copies of the draft EIR. For the hard copies, the appendices will be included on the back-inside cover on a CD.

Final EIR/Draft Mitigation Monitoring Program
Administrative Final EIR and Draft Mitigation Monitoring Program  Obtain and evaluate comments received during the public review period. Review comments with City staff that require input from City staff and determine whether any comments could trigger the need to conduct additional analyses;
 Prepare the administrative final EIR as a separate document from the draft EIR including a revised summary section, a list of all agencies and individuals commenting on the draft EIR, comments received during the public review period for the draft EIR, responses to those comments, and changes to the draft EIR;
 Prepare a draft of the mitigation monitoring and reporting program in the City’s format (if requested by City staff). The program would be available for public review as part of the final EIR, which must be made available to the public for a minimum of 10 days prior to a public hearing at which the EIR would be considered for certification; and  Submit the administrative final EIR and draft mitigation monitoring and reporting program to City staff for review and comment.

Screencheck Final EIR
 Incorporate comments on the administrative final EIR and draft mitigation monitoring program into a screencheck draft version of both for final review by City staff.

Final EIR and Final Mitigation Monitoring Program
 Prepare the final EIR and final mitigation monitoring and reporting program, incorporating City staff comments on administrative final EIR;
 Deliver a copy of the final EIR to individuals and agencies that provided comments on the draft EIR or otherwise notify same of where the final EIR can be accessed; and  Prepare Notice of Determination to file with the County Clerk Recorder and the State Clearinghouse upon City certification of the EIR.

Assumptions:
 The level of effort required to respond to comments on the draft EIR cannot be projected with reliability. The assumed effort is reflected in the proposed budget. If the level of effort exceeds the budgeted amount a contract amendment may be required. This possibility will be reviewed with City staff once all comments are received and evaluated;

EXHIBIT A

3.0 Approach and Scope of Work 3-9 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022  City staff comments on the administrative final EIR and screencheck final will be consolidated into one set and reviewed to ensure they are internally consistent and applicable;
 Any additional analyses required to respond to public comments will require a contract amendment; and
 The project budget does not include costs to respond to public comments delivered after the final EIR is made public.

Deliverables:
 One (1) electronic Word version and one (1) electronic PDF version of the administrative final EIR for review and comment;
 Deliver one (1) Word version and one (1) electronic PDF version of the screencheck final EIR; and
 Deliver one (1) Word version and one (1) electronic PDF version of the final EIR.

Coordination/Consultation with Applicable Agencies
Input from local, state, and federal responsible and trustee agencies on the scope of the EIR would be obtained through the NOP process. However, additional contact, if needed, will be made with agencies whose input is needed to analyzed environmental effects in the EIR. EMC Planning Group would coordinate the contacts and communications, and if and where it would be value-added, recommend that City staff participate. This activity is considered to be part of the overall CEQA scope of work; no separate line item is included in the budget for it.

CEQA Findings
Prepare CEQA findings and statement(s) of overriding considerations (as needed) per CEQA Guidelines section 15091 (Findings), and 15093 (Statement of Overriding Consideration), in the format used by the City, and a draft resolution to certify the final EIR, all for review by the City Attorney and/or other City staff.

Assumptions:
 City staff comments on the draft CEQA findings will be consolidated into one set and reviewed to ensure they are internally consistent and applicable.

Deliverables:
 One (1) electronic Word copy of the draft CEQA findings for City staff review and comment; and
 One (1) electronic Word and one PDF of the final CEQA findings for inclusion in the project consideration package.

EXHIBIT A

3.0 Approach and Scope of Work 3-10 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 Public Hearing Attendance and Presentations
EMC Planning Group will attend one (1) Planning Commission and one (1) City Council hearing. It is assumed that EMC Planning Group would, in collaboration with City staff, prepare and deliver a PowerPoint presentation, and be available, in coordination with City staff, to respond to comments from decision makers and/or the public.

EXHIBIT A

4.0 Budget 4-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

4.0 Budget

4.1 Proposed Budget and Budget Variables
Proposed Budget
The project budget is shown at the end of this section. Refinements can be made in collaboration with City staff. A 10 percent contingency is included to provide flexibility for addressing unforeseen budget amendments in a time- and process-efficient manner.

Budget Variables/Assumptions
The following assumptions were made in preparing the budget. Required tasks or activities that fall outside of these assumptions may result in the need for a scope/contract amendment:
 The scope of work is limited to the tasks, work products and assumptions described herein;  The tasks and costs included in this proposal are preliminary. Scope tasks and costs could change depending on information contained in forthcoming additional project description from the applicant and/or based on other supplemental information that may be provided by the applicant or other sources;
 Changes in the project description after the project is initiated are a common, primary cause of budget and schedule overruns. A task to prepare a project description for review and approval of City staff (and the applicant as deemed appropriate by the City) is included. No further changes to the project description that trigger the need to revise analysis in the EIR will occur;
 Scope and budget to peer review applicant technical reports are not included. Scope and budget changes may be required if peer review is determined to be necessary;  Neither the scope nor budget include tasks associated with project implementation activities that would occur after project approval;
 The number of comments on the draft EIR cannot be known at this time. The level of effort to prepare the administrative final EIR is limited to the cost shown in the CEQA budget. If the required level of effort is greater, the City will be notified; and  It is assumed that the City’s project consideration process and approval process will be completed within 14 months of the date of authorization to proceed.

EXHIBIT A
Task
Staff Senior Principal Principal Associate Planner Assistant Planner Reg. Prof. Archaeologist Principal Biologist Senior Biologist Graphics Production Manager Admin./ Production Billing Rate (Per Hour) $250.00 $225.00 $150.00 $125.00 $125.00 $190.00 $155.00 $95.00 $125.00 $115.00Administration/Management 18 0 12 0 0 0 0 0 0 12 42 $7,680.00Communications 24 0 24 0 0 0 0 0 0 0 48 $9,600.00Kick-Off Meeting 8 0 8 0 0 0 0 4 0 4 24 $4,040.00Meetings (4) 16 0 8 0 0 0 0 5 0 2 31 $5,905.00Teleconferences (12) 16 0 18 0 0 0 0 6 0 4 44 $7,730.00Applicant Technical Report Review 8 0 2 0 0 0 0 0 0 0 10 $2,300.00Notice of Preparation/Scoping Meeting 6 0 18 0 0 0 0 4 4 4 36 $5,540.00Admin Draft EIR 181 47 283 68 12 6 36 22 9 0 664 $118,210.00Screencheck Draft EIR 18 8 36 8 4 4 4 4 8 0 94 $15,960.00Draft EIR 6 0 12 0 0 0 0 0 8 0 26 $4,300.00Draft EIR Noticing and Distribution 3 0 8 0 0 0 0 0 0 4 15 $2,410.00Administrative Final EIR/Draft MMRP 38 4 42 10 2 4 0 4 6 0 110 $20,090.00Screencheck Final EIR/MMRP 8 0 6 0 0 0 0 0 6 0 20 $3,650.00Final EIR and Final MMRP 4 0 8 0 0 0 0 0 4 0 16 $2,700.00CEQA Findings/SOC 14 0 26 0 0 0 0 0 0 0 40 $7,400.00Public Hearings (1 PC/1 CC) 16 0 10 0 0 0 0 6 0 0 32 $6,070.00Subtotal (Hours) 384 59 521 86 18 14 40 55 45 30 Total Hours Total Cost Subtotal (Cost) $96,000.00 $13,275.00 $78,150.00 $10,750.00 $2,250.00 $2,660.00 $6,200.00 $5,225.00 $5,625.00 $3,450.00 1,252 $223,585.00 Additional Costs
Production CostsTravel CostsPostal/DeliverablesMiscellaneousAdministrative Overhead 10%Total Total Costs
Gloria Road Cooler Project CEQA Services
EMC Planning Group Inc.

Total
Hours Total Cost
$225,510.00
$400.00
$1,925.00
$175.00
$1,000.00
$300.00
$50.00

EXHIBIT A

4.0 Budget 4-2
Gloria Road Cooler Project CEQA Services
EMC Planning Group
August 19, 2022

5.0 Schedule 5-1 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022

5.0 Schedule
A draft schedule has not been included in this scope of work, but would be prepared once EMC Planning Group is under contract with the City and most importantly, once the timing for the applicant to prepare a complete project description is known.

Once the applicant’s application submittal is complete, timing for completing the CEQA process would likely be the primary controlling factor for delivering the project to the City Council for consideration. EMC Planning generally assumes a 10-12-month schedule for the CEQA (EIR) process, providing all elements of the process go smoothly, then another 1-2 months for Planning Commission and City Council hearings. Both are generally best-case scenarios.

A “migrating” project description is common cause of schedule and costs overruns. If the applicant is willing to take on the “risk” of starting the CEQA process before the project description is finalized by the applicant, the potential may exist to incrementally expedite the overall schedule.

However, this comes at the higher risk of triggering changes to the scope and budget.

The schedule and in-process tasks will be reviewed weekly by the EMC Planning Group team. We will work as diligently as possible to meet the schedule, but notify the City as early as possible if and when any element of the schedule may not be met.

EXHIBIT A

5.0 Schedule 5-2 EMC Planning Group
Gloria Road Cooler Project CEQA Services August 19, 2022 This side intentionally left blank.

Total
Hours Total Cost
$225,510.00
$400.00
$1,925.00
$175.00
$1,000.00
$300.00
$50.00

EXHIBIT B FEE ESTIMATE / BUDGET

Gonzales City CouncilSeptember 6, 2022

Gonzales City Council
September 6, 2022