RESOLUTION NO. 2025-83
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GONZALES
AUTHORIZING THE CITY MANAGER TO SIGN A CONSULTANT SERVICES
AGREEMENT BETWEEN THE CITY OF GONZALES AND EMC PLANNING GROUP
FOR PREPARATION OF AN ENVIRONMENTAL IMPACT REPORT FOR THE
PUENTE DEL MONTE SPECIFIC PLAN
WHEREAS, in May 2025, the City received a revised application for the Puente Del Monte Specific Plan and an associated Reimbursement Agreement; and WHEREAS, consultant services are deemed necessary for processing the required Environmental Impact Report under the California Environmental Quality Act; and WHEREAS, the applicant has agreed to reimburse all expenses related to this contract; and WHEREAS, on September 15, 2025, the City Council approved a contract for $255,475; and WHEREAS, after that time the applicant and EMC have agreed to additional changes that reduced the cost for the project down to $186,632.50 with a revised scope of work.
NOW THEREFORE, BE IT RESOLVED that the City Manager is authorized to sign a Consultant Services Agreement between the City of Gonzales and EMC Planning Group, for Preparation of the Environmental Impact Report for the Puente Del Monte Specific Plan. The Consulting Services Agreement and its Scope of Work and $186,632.50 budget are attached to this resolution as Attachment A.
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Gonzales duly held on the 17th day of November 2025, 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
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CONSULTING SERVICES AGREEMENT BETWEEN
THE CITY OF GONZALES AND EMC PLANNING GROUP
THIS AGREEMENT for consulting services is made by and between the City of Gonzales ("City") and EMC Planning Group, ("Consultant") (together referred to as the "Parties") as of November 17, 2025, (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 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 and shall end on December 31, 2027, the date of completion specified in Exhibit A, 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 only 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 $186,632.50 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.
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 Attachment A
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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 progress bills; i.e., Progress Bill 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;
At City's option, for each work item in each task, 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 each 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 monthly payments, based on invoices received, 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.
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2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below and shall not exceed $1,495.00. Expenses not listed below are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under this Agreement that shall not be exceeded.
2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar 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. Before beginning any work under this Agreement, 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 November 17, 2025 City of Gonzales and EMC Planning Group 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.
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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 $2,000,000 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 November 17, 2025 City of Gonzales and EMC Planning Group 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 coverage 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.
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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 foregoing, 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 November 17, 2025 City of Gonzales and EMC Planning Group 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.
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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 November 17, 2025 City of Gonzales and EMC Planning Group 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.
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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 Community Development Director, Taven M. Kinison Brown ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee.
10.10 Notices. Any written notice to Consultant and City shall be sent to:
EMC Planning Group
Michael Groves, AICP
601 Abrego Street
Monterey, CA 93940
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Any written notice to City shall be sent to:
City of Gonzales
Taven M. Kinison Brown, Community Development Director
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 Scope of Work
Exhibit B Compensation Schedule/Cost 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 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.
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The Parties have executed this Agreement as of the Effective Date.
CITY OF GONZALES CONSULTANT
Carmen Gil, City Manager Michael Groves, President
Attest:
Mary Villegas, Deputy City Clerk
Proposal (Revised)
Puente del Monte Specific Plan EIR
City of Gonzales
October 20, 2025
Prepared by
EMC Planning Group
Exhibits A & B
This document was produced on recycled paper.
PROPOSAL
PUENTE DEL MONTE SPECIFIC PLAN EIR
PREPARED FOR
City of Gonzales
Taven Kinison Brown, Community Development Director
147 Fourth St., Gonzales, CA 93926
Tel 831.675.5000
[email protected]
PREPARED BY
EMC Planning Group Inc.
601 Abrego Street
Monterey, CA 93940
Tel 831.649.1799
Fax 831.649.8399
Teri Wissler Adam, Senior Principal
[email protected]
www.emcplanning.com
October 20, 2025
Table of Contents
1.0 BACKGROUND AND APPROACH ..................................................................................... 1-1
1.1 Background .............................................................................................................................. 1-1
1.2 Approach ................................................................................................................................. 1-1
2.0 EMC PLANNING GROUP TEAM .................................................................................... 2-1
2.1 EMC Planning Group Staff .................................................................................................. 2-1
2.2 Subconsultants ........................................................................................................................ 2-1
3.0 SCOPE OF WORK .............................................................................................................. 3-1
4.0 SCHEDULE AND BUDGET ................................................................................................ 4-1
4.1 Schedule ................................................................................................................................... 4-1
4.2 Budget ...................................................................................................................................... 4-1 Attachment
Attachment A WJV Acoustics Noise Assessment Scope of Work Attachment B Hexagon Transportation Consultants Vehicle Miles Traveled Scope of Work Tables
Table 2-1 EMC Planning Group Staff ..................................................................................... 2-1 Table 2-2 EMC Planning Group Team Subconsultants ........................................................ 2-2 Section 1.0 Background and Approach 1-1 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
1.0 Background and Approach
1.1 Background
EMC Planning Group is pleased to submit this proposal to prepare an environmental impact report (EIR) for the Puente del Monte Specific Plan (PDMSP).
As is known to the City and the PDMSP applicant, EMC Planning Group was contracted to prepare an EIR for the PDMSP as it was proposed in 2020. Substantial progress to prepare an administrative draft supplemental EIR (SEIR) was made before the project was put on hold in late 2020. The SEIR would have been supplemental to the City of Gonzales General Plan EIR. The last substantive work on the SEIR was conducted in November of 2020. EMC Planning Group halted work at that time, though the original contract to prepare the EIR has, to date, not been canceled.
In 2023, one of the property owners with land within the original PDMSP boundary withdrew from the PDMSP boundary and planning process to enable processing of a separate application for an agricultural cooler project, the Gloria Road Agricultural Cooler Project. This change required that the original PDMSP project boundary be modified. In early 2025, the PDMSP applicant submitted a revised specific plan to the City that reflects the boundary change and includes a number of other land use design changes relative to the original project, including revisions to anticipated development capacity.
1.2 Approach
The City has indicated that it would be prudent to start a new CEQA process for the current proposed PDMSP. This is the case for several reasons, including the following:
Nearly five years have elapsed since the original administrative draft supplemental EIR was nearly completed – existing setting conditions and regulatory setting conditions for several environmental topics have changed during this time;
The PDMSP project description has changed as described above, thereby rendering obsolete much of the prior administrative draft SEIR analyses and technical reports that were based in whole or part on development capacity, land use design, and project boundary location in the original PDMSP;
Section 1.0 Background and Approach 1-2 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 The original administrative draft SEIR was prepared as supplemental to the General Plan EIR.
The original Vista Lucia project CEQA document was also initially prepared as supplemental to the General Plan EIR. However, it was later “modified” to be a project specific programmatic EIR. To maintain consistency with the Vista Lucia Project EIR, the current PDMSP EIR would be its own programmatic EIR rather than supplemental to the General Plan EIR, the content of the existing administrative draft SEIR also needs substantial revision for this reason; and Portions of the environmental setting, regulatory setting, and analysis in the Vista Lucia Project EIR, which has been vetted by the City, responsible agencies, the public, and other stakeholders, may be sufficient for use in the current PDMSP EIR.
As noted above, the current proposed PDMSP EIR would be a program EIR. Mitigation measures for significant impacts would apply to all future individual projects proposed within the PDMSP boundary. However, where possible, when impacts are identified that are location specific within the PDMSP boundary, associated mitigations can be written to address impacts of the individual project(s) that would develop the particular site(s).
It is assumed that the City will have reviewed the revised PDMSP and determined it suitable before the current EIR process is initiated.
Section 2.0 EMC Planning Group Team 2-1 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
2.0 EMC Planning Group Team
2.1 EMC Planning Group Staff
All of EMC Planning Group’s staff that prepared the original administrative draft SEIR for the PDMSP and that prepared the EIR for the Vista Lucia Project are available to prepare the EIR for the current PDMSP. This institutional knowledge will be of benefit for completing the current EIR as efficiently as possible. EMC Planning Group staff that would contribute to the EIR are listed in Table 2-1, EMC Planning Group Staff.
Table 2-1 EMC Planning Group Staff
Staff Member Position
Teri Wissler Adam Senior Principal, Principal in Charge, Project Manager Ron Sissem, MRP Senior Principal, Advisor
Shoshana Lutz Senior Planner, Assistant Project Manager Troy Lawson, MCRP Associate Planner
Kylie Pope, MSP Associate Planner
Janet Walther, MS Principal Biologist
Rose Ashbach Associate Biologist
Vanessa Potter, MS, RPA Registered Professional Archaeologist Matt Papurello GIS and Graphics Technician
2.2 Subconsultants
Given that the PDMSP project description has changed relative to the original project, technical reports prepared for that project will need to be updated or new reports prepared. Subconsultants and the technical work they will complete are listed in Table 2-2, EMC Planning Group Team Subconsultants.
Section 2.0 EMC Planning Group Team 2-2 EMC Planning Group Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Table 2-2 EMC Planning Group Team Subconsultants
Company Role Key Staff Members and Titles
WJV Acoustics Noise Analysis Walter Van Groningen, President Hexagon Transportation
Consultants Vehicle Miles Traveled Analysis
Robert Del Rio, T.E. Vice-President & Project Manager
Ollie Zhou, T.E. Principal
Luis Descanzo, Associate
WJV Acoustics
WJV Acoustics will prepare a revised noise assessment based on the current project description. It will focus on noise exposure from the approved, adjacent Gloria Road Agricultural Cooler project, land use compatibility between proposed land uses, and changes in traffic noise impacts resulting from reduced trip generation (relative to the original PDMSP project) and possible changes in trip distribution. The scope of work is included in Attachment A.
Hexagon Transportation Consultants
Hexagon Transportation Consultants will prepare a vehicle miles traveled analysis. The scope of work is included in Attachment B.
Section 3.0 Scope of Work 3-1 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.0 Scope of Work
The following scope of work is based on the information provided to EMC Planning Group by the City and on our current understanding of the City’s needs for the proposed project. The scope of work can be refined as needed to ensure that the City’s needs are fully addressed. The following tasks are proposed.
3.1 Project Management and Administration
Issues scoping, project team coordination, and administration. Provide CEQA consultation and management services.
Conduct internal team meetings.
Provide email progress reports to City staff.
Initiate and manage subconsultants.
Manage contract and prepare invoices.
3.2 Kickoff Meeting/Site Visit
Attend virtual scoping meeting with City staff and applicant (October 3, 2025). Prepare for and facilitate a kick-off meeting with City staff and the applicant team. The purpose is to further articulate the project description and project schedule, and to discuss other topics including communications protocols, key environmental issues, potential public controversy, etc.
EMC Planning Group will prepare an agenda for the meeting. Conduct a site investigation to update 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.
3.3 Meetings and Telephone Conferences
Facilitate up to 12 phone conferences/Zoom calls.
Facilitate up to four in-person meetings with City staff, stakeholders, applicant, etc.
3.4 Detailed EIR Schedule
Prepare and submit a detailed EIR schedule including all tasks and deliverables, each with specific dates.
Section 3.0 Scope of Work 3-2 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.5 Project Description
In accordance with CEQA Guidelines Section 15124, EMC Planning Group will prepare a standalone draft project description document for City staff review. It is assumed that only City staff will comment on the project description and that it will not be circulated to the applicant team for review and comment. City staff comments will be addressed in the process to prepare a final draft project description. Subsequent changes to the project description that are prompted by the City or the applicant may require a contract amendment, particularly if such changes trigger the need to revise sections of the EIR and/or technical reports whose analyses are based on the final draft project description.
3.6 Notice of Preparation
Prepare and submit to City staff a revised draft Notice of Preparation (NOP) of an EIR consistent with CEQA Guidelines Section 15082.
Prepare a final version of the revised NOP, prepare associated notices (e.g., notice of completion and project summary form), and upload to CEQA Submit, the State Clearinghouse CEQA document site.
It is assumed that the City will distribute the NOP to all local responsible and trustee agencies, including LAFCO, Monterey County Resource Management Agency, AMBAG, Monterey Bay Air Resources Board, and organizations/individuals on the City’s distribution list via certified mail.
3.7 Scoping Meeting
Support City staff in conducting one scoping meeting to be organized by City staff. Contribute content to presentation materials to be created by City staff as needed.
3.8 Review Technical Analyses to be Provided by the City or the Applicant
The City has indicated that the following additional technical documentation will be provided to EMC Planning Group for use in the EIR:
Water Supply Assessment to be prepared by Zanjero and provided by the City. Phase I Environmental Site Assessment to be provided by the Applicant. Updated Wetland Delineation.
CTS Protocol Surveys.
EMC Planning Group will review these reports for their use in the EIR, although it will not be a formal peer review. EMC may ask clarification questions associated with each report.
Section 3.0 Scope of Work 3-3 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.9 Administrative Draft EIR
EMC Planning Group staff will prepare several technical analyses as inputs to the EIR. The level of effort for each is incorporated into the EIR budget under the administrative draft, screencheck draft, draft and final EIR tasks.
Biological Resources
The majority of the project site is currently in active agricultural production. Special-status biological resources to be addressed in the CEQA process include California tiger salamander (CTS), burrowing owl, San Joaquin kit fox, Congdon’s tarplant, and jurisdictional wetlands and waterways.
EMC Planning Group biologists will utilize existing biological report(s) to complete the biological resources section of the EIR. The following tasks will be completed:
Conduct a biological reconnaissance-level field survey to document current site conditions. Review the following technical reports prepared by the applicant’s consultants:
Biological Constraints Analysis report prepared December 15, 2020 by Live Oak Associates, Inc.;
Peer Review and Response, EMC Planning Group and Live Oak Associates, Inc. 2020; Wetland delineation report dated October 26, 2006 by Live Oak Associates, Inc.; Updated wetland delineation report by Live Oak Associates (EMC Planning Group has not yet received this update); and
Year one CTS protocol surveys (2026) (EMC Planning Group has not yet received this update).
Review the following resource agency correspondence, which may require consultation with the agencies:
U.S. Army Corps of Engineers jurisdictional delineation letter dated February 5, 2007, that was valid for five years following an agency site visit; Letter from University of California, Davis dated September31, 2006 stating that California Tiger Salamander (CTS) specimens present on the site and in the project vicinity are genetic hybrids and therefore not protected by the Endangered Species Act; U.S. Fish and Wildlife Service letter dated June 15, 2007 summarizing the genetic testing of CTS on and near the project site, which concluded that the CTS are hybrids not protected by the Endangered Species Act; and
California Department of Fish and Wildlife comments on the Vista Lucia Project EIR.
Section 3.0 Scope of Work 3-4 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Present the anticipated project impacts and determine their levels of significance, and include appropriate mitigation measures to avoid, minimize, and/or mitigate potentially significant impacts to biological resources. Mitigation measures are expected to address whether incidental take authorization for CTS from the California Department of Fish and Wildlife may be necessary; focused surveys for Congdon’s tarplant; and wetland coordination and/or permitting with the U.S.
Army Corps of Engineers, California Department of Fish and Wildlife, and Regional Water Quality Control Board.
The scope of work does not include wetland/waterway assessment or delineation, protocol surveys, or regulatory agency coordination/permitting.
Cultural Resources
Cultural resource impacts of the original PDMSP project were evaluated in the administrative draft SEIR based on EMC Planning Group’s peer review of the project applicant’s cultural resources reports, a historical resources evaluation prepared by Archeological Resource Management for EMC Planning Group, and on a field reconnaissance conducted by EMC Planning Group’s registered professional archaeologist. The results of the impact analysis will be modified to reflect the current project description and modified boundary, and will be updated with the results of a new archival records search.
A new tribal consultation process should be conducted given the passage of time since the first consultation was offered. EMC Planning Group would obtain a list of culturally and regionallyaffiliated tribes from the Native American Heritage Commission (NAHC) (via a Sacred Lands File Search) and prepare a draft letter offer of tribal consultation to tribe(s) in accordance with Assembly Bill (AB) 52. The offer letter(s) should be prepared on City letterhead and sent out by City staff to tribal representatives. Two hours have been included in the budget to attend meetings (telephone or Zoom) if consultation is requested and if the City desires such support. The results of consultation, if conducted, will be presented in this section of the EIR.
Air Quality
The proposed project is located in the North Central Coast Air Basin (air basin), which falls under the authority of the Monterey Bay Air Resources District (air district). Therefore, the analysis will reference the air district’s 2008 CEQA Air Quality Guidelines, as well as other relevant CEQA documents. The air district provides project level thresholds of significance that can be used to evaluate the potential significance of individual project impacts.
The following steps will be taken to evaluate air quality impacts:
Describe the physical and climatological characteristics of the North Central Coast Air Basin, existing air pollutant conditions, health effects of air pollutants, and air quality planning and regulatory requirements.
Section 3.0 Scope of Work 3-5 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Review current air quality planning documents, policies, and procedures applicable to the proposed project.
Run CalEEMod to calculate air emissions volumes based on proposed project conditions. The model methodology, assumptions, and results will be presented. Compare model results to the air district’s air quality thresholds to determine if the proposed project would result in significant impacts; and
If significant impacts are identified, determine if the mitigation measures identified in the General Plan EIR would reduce the impacts to less than significant, or if modified or new mitigation measures are required.
Greenhouse Gas Emissions
The proposed project will generate GHG emissions during construction and operation, with the most significant source being transportation, with electricity and natural gas use as significant secondary sources.
The City’s 2018 Climate Action Plan is a qualified plan for reducing GHG emissions that can be used to streamline the CEQA analysis for projects planned for construction prior to 2030 (the effective time horizon for the Climate Action Plan) that are consistent with the General Plan. This opportunity will be described and mitigation requiring consistency of such projects with applicable Climate Action Plan GHG reduction measures will be identified. For projects that would be constructed after 2030, either a qualitative analysis approach (consistency with the applicable California Air Resources Board’s Scoping Plan) will be used or a quantified threshold of significance will be developed with GHG emissions volumes as modeled in CalEEMod compared to that threshold to assess impact significance.
The following tasks will be completed:
Describe the existing climate change setting at the global, state and local levels. Discuss the existing climate change policy and regulatory setting, including review of state and local legislation and regulations.
Describe existing activities within the project site that generate GHG emissions. Discuss the Climate Action Plan and review the CEQA streamlining provisions related to qualified plans for reducing GHG emissions.
Identify the City of Gonzales Climate Action Plan GHG reduction measures that would apply to individual projects constructed by 2030 that are consistent with the General Plan. Include mitigation measures in the EIR, in the form of applicable Climate Action Plan GHG reduction measures, to ensure consistency with the Climate Action Plan. Consistency with the Climate Section 3.0 Scope of Work 3-6 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Action Plan allows a determination of no significant impact from GHG emissions for such projects.
For individual projects that would be constructed after 2030, either a qualitative analysis approach (consistency with the applicable California Air Resources Board’s Scoping Plan) will be used or a quantified threshold of significance will be developed with modeled GHG emissions volumes compared to the threshold to assess impact significance. Mitigation measures to reduce identified impacts will be provided based on the impact analysis methodology to be used.
Energy
Energy will be required for both the construction and operation of the project. During construction, fuel will be consumed by vehicles and machinery traveling to and from the site, as well as for equipment used in the building process. During operations, transportation fuel will be used by project residents, employees and businesses; electricity will be needed for lighting, HVAC systems, and other building functions, and while natural gas may be used for other project applications.
The thresholds of significance for energy impacts are qualitative. Consequently, potential impacts will be discussed qualitatively. The proposed project will be required to comply with uniformly applied regulations and potentially to reduce criteria air emissions and/or GHG emission via measures that also reduce energy demand; applicable regulations and air quality and GHG reduction measures will be discussed to identify how energy demand will be moderated. The project potential to result in wasteful or inefficient energy use will be evaluated in the context of these variables, whether the proposed development type (and its energy demand) can be characterized as unnecessary or wasteful.
The following tasks will be completed:
Report energy demand from on-site use of natural gas and electricity for the proposed project conditions based on the CalEEMod results.
Identify transportation fuel demand for the proposed project conditions based on Emissions Factors model results.
Identify current regulations that would reduce energy demand from future development. Identify energy demand reduction measures being proposed by the project applicant. Describe energy demand reduction that would occur with implementing air quality and/or GHG mitigation measures, if any.
Identify the significance of energy impacts.
Present mitigation measures to reduce energy consumption, if necessary.
Section 3.0 Scope of Work 3-7 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 Administration Draft EIR Steps
Review all responses to the revised NOP to ensure that all relevant concerns raised are addressed in the administrative draft EIR.
Prepare the administrative draft EIR to address all CEQA mandated content. Impacts anticipated to be less than significant may be included in a single section along with a summary of evidence this determination. Effects anticipated to be less than significant include aesthetics, geology and soils, mineral resources, energy, and solid waste. Analyses of up to three alternatives, including the no project alternative, are included in the project budget.
Deliver PDF and Word copies of the administrative draft EIR to City staff for review and comment.
It is assumed that City staff will distribute the administrative draft for review by the appropriate City departments, coordinate the City’s comment process, and provide one integrated set of internally consistent comments that identifies specific questions and/or revisions. It is assumed that the City will not circulate the administrative draft EIR to the applicant team for review and comment. If so, a contract amendment may be required.
3.10 Screencheck Draft EIR
Revise the administrative draft EIR to incorporate City staff comments. Deliver one PDF copy of the screencheck draft EIR.
3.11 Public Review Draft EIR and Noticing
Revise the screencheck draft EIR to incorporate City staff comments. Deliver one PDF copy of the public review draft EIR to the City. Prepare draft and final notices and upload the draft EIR and notices to CEQA Submit. The City of Gonzales is assumed to be responsible for distributing and circulating the draft EIR and associated Notice of Availability to agencies, local jurisdictions, and individuals. The City of Gonzales is assumed to be responsible for preparing and publishing the Notice of Availability with the local newspaper and County Clerk (and for all associated fees for publication and posting).
3.12 Administrative Final EIR
Prepare an administrative final EIR as a separate document from the draft EIR, to include 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 as may be needed based on comments received.
Section 3.0 Scope of Work 3-8 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025 EMC Planning Group will deliver one PDF copy to City staff for review and comment. The level of effort to complete the administrative final EIR cannot be known at this time. The level of effort assumed is shown in the project budget. Once all comments are received, if the level of effort is likely to exceed the budgeted amount, EMC Planning will inform City staff that a contract amendment may be required. The current proposed budget assumes eight comment letters (same as the number received on the draft EIR for Vista Lucia) that do not require additional environmental analysis.
It is assumed that City staff will distribute the administrative final EIR for review by the appropriate City departments and will coordinate the City’s comments, with one integrated, internally consistent set of comments to be delivered to EMC Planning Group that identifies specific questions and/or revisions required to prepare the final EIR.
3.13 Final EIR
Revise the administrative final EIR to incorporate City staff comments. EMC Planning Group will deliver one PDF copy to City staff. It is assumed that City staff will be responsible for distributing the final EIR to all parties that submitted comments on the draft EIR.
3.14 Mitigation Monitoring and Reporting Program
EMC Planning Group will prepare a draft mitigation monitoring program that includes mitigation measures in the EIR.
EMC Planning Group will deliver one PDF copy of the draft to City staff for review. It is assumed City staff will provide one integrated, comprehensive set of comments that identifies specific questions and/or revisions required. EMC Planning Group will then deliver one PDF copy of the final mitigation and monitoring program to City staff.
3.15 CEQA Findings and Evidence
EMC Planning Group will prepare one set of draft CEQA findings in Word per CEQA Guidelines section 15091.
It is assumed City staff and the City Attorney will review the draft findings, with City staff delivering one integrated, comprehensive set of comments that identifies specific questions and/or revisions required.
EMC Planning Group will integrate City staff/Attorney comments into a final draft Word version of the CEQA findings and deliver one PDF copy to City staff.
Section 3.0 Scope of Work 3-9 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
3.16 Public Hearings/NOD
EMC Planning Group will attend and respond to comments and questions on the CEQA process and key findings at one Planning Commission and one City Council public hearing for certification of the final EIR. EMC Planning Group will prepare a draft Notice of Determination for filing by the City with the County Clerk. It is assumed that the City/applicant are responsible for all fees associated with filing the Notice of Determination.
Optional Tasks
One optional task is presented here with associated costs included as line items in the attached budget spreadsheet.
This task includes EMC Planning Group attendance at additional meetings and/or public hearings if requested by City staff.
Section 4.0 Schedule and Budget 4-1 EMC Planning Group
Puente del Monte Specific Plan Proposal (Revised) October 20, 2025
4.0 Schedule and Budget
4.1 Schedule
A projected schedule is included on the following page. It assumes a notice to proceed is provided at the end of October 2025. The CEQA process is anticipated to take approximately one year to complete. A number of assumptions are embedded in the proposal that if not valid, could result in schedule changes.
4.2 Budget
The proposed budget is shown on the page following the schedule.
Technical studies needed to prepare the program EIR are included. As noted in Section 1.0, a limited amount of the information in the prior PDMSP SEIR may remain usable for the current EIR. Similarly, background information in the Vista Lucia EIR may be of benefit in reducing time and cost for the current PDMSP EIR.
Activity Name Start Date Finish Date November December January February March April May June July August September October November December 2025 2026 November December January February March April May June July August September October November December Notice to Proceed 11/3/25 11/3/25Consultation Tasks 11/3/25 10/26/26Site Investigation 11/12/25 11/12/25Draft Project Description 11/3/25 11/21/25City Staff Review 11/24/25 12/8/25Draft NOP/City Staff Review 11/24/25 12/8/25Final NOP 12/9/25 12/12/2530-day Scoping Period 12/17/25 1/15/26Scoping Meeting 1/13/26 1/13/26Noise Assessment 12/1/25 1/23/26VMT Analysis 11/10/25 12/5/25Administrative Draft EIR 11/10/25 2/27/26City Staff Review 3/2/26 3/30/26Screencheck Draft EIR/Noticing 3/31/26 4/20/26City Staff Review 4/21/26 5/5/26Draft EIR/Noticing 5/6/26 5/26/2645-day Public Review Period 5/29/26 7/13/26Admin. Final EIR/Draft MMRP 7/14/26 8/14/26City Staff Review 8/17/26 9/18/26Draft Findings 8/17/26 9/18/26City Staff/City Attorney Review 9/21/26 10/5/26Final EIR/MMRP/NOD 9/21/26 10/9/26Final Findings 10/7/26 10/21/26Public Hearings 11/2/26 11/30/26File NOD 12/1/26 12/1/26 123456789
10 11
1213141516171819202122232425
Puente del Monte Specific Plan EIR Schedule
October 20, 2025
Task
Staff Senior Principal Senior Planner Associate Planner Associate Planner Reg. Prof. Archaeologist Principal Biologist Associate Biologist Graphics Production Manager Admin./ Production Billing Rate (Per Hour) $295.00 $225.00 $195.00 $195.00 $145.00 $245.00 $185.00 $150.00 $165.00 $125.001. Project Management/Administration 21 19 0 0 0 0 0 0 0 6 46 $11,220.002. Kick-off Meeting/Site Visit 8 0 0 0 0 0 0 0 0 0 8 $2,360.003. Phone Conferences (12)/Meetings (4) 16 20 4 4 0 4 0 0 0 0 48 $11,760.004. Detailed EIR Schedule 3000 0 0 0000 3 $885.005. Project Description 2 12 0 0 0 0 0 10 2 0 26 $5,120.006. Notice of Preparation 1 4 14 0 0 0 0 6 0 0 25 $4,825.007. Scoping Meeting 0 8 0 0 0 0 0 0 0 0 8 $1,800.008. Review Technical Documentation 4 8 4 4 0 0 0 0 0 0 20 $4,540.009. Admin Draft EIR 16 86 44 133 6 18 17 10 4 1 335 $69,295.0010. Screencheck Draft EIR 4 8 14 14 0 0 2 4 4 0 50 $10,070.0011. Public Review Draft EIR and Noticing 4844 0 0 0 2 4 2 28 $5,750.00
12. Administrative Final EIR 6 16 24 16 0 2 0 1 4 4 73 $14,970.0013. Final EIR 2 6 8 4 0 0 0 0 4 0 24 $4,940.0014. Mitigation Monitoring & Reporting Program 0108 0 0 0 0 0 0 9 $1,785.00
15. CEQA Findings and Evidence 4 4 24 0 0 0 0 0 0 0 32 $6,760.00
16. Public Hearings (2)/NOD 12 0 2 0 0 0 0 0 0 0 14 $3,930.00 Subtotal (Hours) 103 200 142 187 6 24 19 33 22 13 Total Hours Total Cost Subtotal (Cost) $30,385.00 $45,000.00 $27,690.00 $36,465.00 $870.00 $5,880.00 $3,515.00 $4,950.00 $3,630.00 $1,625.00 749 $160,010.00 Anticipated Overtime CostsAdditional Costs
Production/Printing CostsTravel CostsPostal/DeliverablesMiscellaneousAdministrative Overhead 15%TotalWJV AcousticsHexagon Transportation ConsultantsSubconsultant Overhead 15%TotalTotal CostsOPTIONAL TASKS NOTE: This proposed budget is valid for 90 days
1 Public Meeting Attendance per 4-hr Meeting234
$1,800.00
$0.00$0.00$0.00
$700.00
$1,495.00
$195.00$100.00$400.00$100.00
$4,850.00
$17,000.00
$186,632.50
$3,277.50
$25,127.50
Puente del Monte Specific Plan EIR Budget (Revised October 2025) EMC Planning Group Inc.
Subconsultant Fees
Total
Hours Total Cost
$0.00
WJV Acoustics Environmental Noise Assessment
Scope of Work A
ATTACHMENT
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 1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales) April 16, 2025
Mr. Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
601 Abrego Street
Monterey, California 93940
RE: ENVIRONMENTAL NOISE ASSESSMENT UPDATE, PUENTE DEL MONTE
ANNEXATION PROJECT, SUPPLEMENTAL ENVIRONMENTAL IMPACT
REPORT (SEIR), GONZALES, CALIFORNIA
Dear Mr. Sissem:
Based upon the information you have provided, WJV Acoustics, Inc. (WJVA) is pleased to submit the following 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. WJVA will utilize the results of the previously prepared comprehensive ambient noise survey conducted during the preparation of the 2020 environmental noise assessment previously prepared for the project. No new ambient noise data will be collected. The previously obtained information will be used to prepare the setting (existing conditions) section of the Supplemental Environmental Impact Report (SEIR) being prepared by others for the project.
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 Mr. Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
April 16, 2025
1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales) project traffic engineer or other sources as may be appropriate. Compare project‐related changes in traffic noise exposure to applicable noise level standards and other thresholds of significance.
3. Evaluate noise impacts from the project including 1) noise from existing noise sources as it may affect proposed noise‐sensitive uses within the project and 2) noise from the project as it may affect existing noise‐sensitive uses in the project area. This will include a discussion of construction noise and vibration.
4. Compare project‐related noise levels to applicable City of Gonzales noise standards and other appropriate noise impact assessment thresholds as required by CEQA. Prepare generalized recommendations for noise mitigation as may be required for compliance with applicable standards. Identify any residual noise impacts considered to be significant and unavoidable.
5. 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.
6. Review and respond to comments provided by the project team and/or City of Gonzales, as may be appropriate. Respond to noise comments related to the SEIR.
Fee:
WJVA proposes to provide the services described above for a total fee of $4,850, 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.
Mr. Ron Sissem
Senior Principal
EMC PLANNING GROUP INC.
April 16, 2025
1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales) Schedule For Completion:
Work will be scheduled for completion in compliance with the overall project schedule. It is anticipated that the Environmental Noise Assessment may completed within 30 days after receipt of all necessary maps, project information (including the traffic study) 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 [email protected] if you have any questions or would like additional information.
Sincerely,
WJV ACOUSTICS, INC.
Walter J. Van Groningen
President
WJV:wjv
Enclosure: Fee Schedule
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 1861 (Puente Del Monte Annexation Project SEIR Update, Gonzales)
FEE SCHEDULE
WJV Acoustics, Inc.
January 1, 2025
Labor: Time spent on behalf of a client is charged as follows:
Principal Consultant: $185/hour
Consultant: $160/hour
Technician: $95/hour
Clerical: $85/hour
Time spent includes travel to/from WJVA’s Visalia office.
A surcharge of 50% over the above rates will be charged for expert witness testimony.
Direct Charges: Direct charges include actual costs for travel, lodging, meals, mileage, equipment fees, computer services, printing and similar costs. Mileage is charged at the standard IRS rate.
Retainer: A retainer of up to 50% of the total fee may be required for new clients or jobs where initial expenses are anticipated to exceed $500.
Note: A Finance Charge of 1% per month, which is 12% per annum, may be charged on accounts not paid within 30 days of invoice.
Hexagon Transportation Consultants
VMT Assessment Scope of Work B
ATTACHMENT
October 6, 2025
Ms. Teri Wissler Adam
EMC Planning Group
601 Abrego Street
Monterey, CA 93940
Subject: Proposal to Prepare Updated VMT Analysis for the Puente Del Monte Development Specific Plan Ms. Wissler Adam:
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a Vehicle Miles Traveled (VMT) analysis for the proposed Puente Del Monte Development Specific Plan in the City of Gonzales, California. The project site consists of approximately 500 acres of mainly undeveloped land located along the north side of Gloria Road and west side of Iverson Road. The proposed project would consist of predominantly residential land uses, up to 2,492 units, and also would include light industrial space, schools, parks, and open space. Based on the City’s 2010 General Plan, the land use designations for the project parcels include neighborhood residential, neighborhood commercial mixeduse, and public/quasi-public. Access to the project area will be provided via a singular access point along Gloria Road.
Scope of Services
Historically, traffic impact analysis has focused on the identification of traffic impacts and potential roadway improvements based on delay to relieve traffic congestion that may result due to proposed/planned growth. However, with the adoption of Senate Bill (SB) 743 legislation, public agencies are required (effective July 2020) to base transportation impacts on VMT rather than level of service that typically uses delay as its metric. The change in measurement is intended to better evaluate the effects on the state’s goals for climate change and multi-modal transportation. Therefore, an evaluation of the project’s effect on VMT must be completed.
CEQA guidelines require an evaluation of potential impacts related to adopted VMT methodologies and impact criteria.
The scope tasks will consist of an evaluation of the projects’ effects on VMT consistent with the methodologies and impact thresholds as identified in the City’s adopted VMT policy. The analysis will include the following:
1. VMT Evaluation. Hexagon will use the AMBAG Regional Travel Demand Model (RTDM) to estimate the baseline and projected 2045 Citywide VMT.
Adjustment of AMBAG model TAZ land use data for the Puente del Monte Specific Plan Projections of VMT per capita and VMT per employee for the Puente del Monte Specific Plan. The project VMT will then be compared with the adopted City VMT policy impact thresholds to determine project impacts.
2. Description of Impacts and Mitigation. Based on the results of the VMT assessment, impacts due to the sitegenerated VMT will be identified and described. Mitigation of VMT impacts could include improvements to the transit, bicycle, and pedestrian infrastructure.
3. Administrative Draft Memorandum. Hexagon’s findings and recommendations will be summarized in an administrative draft report.
4. Final Memorandum. Following review and comment (on the administrative draft) by EMC, a draft report will be submitted for review by the City of Gonzales staff. Hexagon will prepare a final memo that addresses all of the comments received from EMC and City staff. This final report will be included in the Draft SEIR made available for public circulation. Following public review and comment, Hexagon will respond to comments as required in completion of the Final EIR. Hexagon assumes no more than four hours of staff time to respond to public comments.
Ms. Teri Wissler Adam
October 6, 2025
Additional Services
Any work not specifically referenced in the above Scope of Services—for example, analyzing a different project description or project alternatives, analyzing additional scenarios or phases of the project, conducting technical analyses not described above, and attending public hearings or meetings—shall be considered additional services.
Additional services will require additional budget and time.
Time of Performance
Barring any unforeseen delays, an administrative draft memorandum will be submitted 5-6 weeks after authorization to proceed. The draft and final reports will be delivered within one week after receipt of all respective review comments.
We are ready to start work on this project immediately upon authorization.
Cost of Services
The cost for services rendered under this agreement will be a lump sum amount of $17,000, as outlined in our Scope of Services. Billings 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. This price quote assumes all project-related activities will be completed within one year. An extended project schedule may require additional budget for project administration.
Exceptions
The following items will not be included as part of the scope and budget described above:
AMBAG Model Runs. The use of the AMBAG model will be limited to extracting data for the use in the development of traffic growth factors, distribution of project trips, and estimates of VMT. The scope does not include model runs to develop project-specific traffic forecasts. The AMBAG model includes future land use data estimates for Monterey County as well as Gonzales. However, the AMBAG land use data estimates would need to be refined into a new Gonzales-specific traffic zone structure to obtain accurate forecasts within the City. An extensive effort would be required to refine the AMBAG model or develop a Citywide model based on the AMBAG model.
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.
Robert Del Rio, T.E.
Vice President & Principal Associate