DESIGN PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT is made and entered into this day of
20_, by and between the City of Merced, a California Charter Municipal Corporation, whose address of record is 678 West 18"h Street, Merced, California 95340, (hereinafter referred to as "City") and J.B. Anderson Land Use Planning, a S Corporation, whose address of record is 139 S. Stockton Avenue, Ripon, CA 95366, (hereinafter referred to as "Consultant").
WHEREAS, City is undertaking a project to annex approximately 40 acres at the south west corner of East Gerard Avenue and South Tyler Road, know as CP-42 North; and,
WHEREAS, Consultant represents that it possesses the professional skills to provide environmental and planning services in connection with said project.
NOW, THEREFORE, the parties hereto, in consideration of the mutual covenants hereinafter recited, hereby agree as follows:
SCOPE OF SERVICES. The Consultant shall furnish the following services: Consultant shall provide the environmental and planning services described in Exhibit "A" attached hereto.
No additional services shall be performed by Consultant unless approved in advance in writing by the City, stating the dollar value of the services, the method of payment, and any adjustment in contract time. All such services are to be coordinated with City and the results of the work shall be monitored by the Director of Development Services or designee. However, the means by which the work is accomplished shall be the sole responsibility of the Consultant.
2. TIME OF PERFORMANCE. All of the work outlined in the Scope of Services shall be completed in accordance with the Schedule outlined in Exhibit "B" attached hereto and incorporated herein by reference. By mutual agreement and written addendum to this Agreement, the City and the Consultant may change the requirements in said Schedule.
TERM OF AGREEMENT. The term of this Agreement shall
commence upon the day first above written and end on completion of the scope of work to the satisfaction of the City.
Attachment 3
X: Agreements\Planning\2024UBA-CP42 N-Prof Serv Agmt-Nov 2024.docx 1 4. COMPENSATION. Payment by the City to the Consultant for actual services rendered under this Agreement shall be made upon presentation of an invoice detailing services performed under the Scope of Services, in accordance with the fee schedule set forth in Exhibit "B" attached hereto and incorporated herein by reference. The Consultant agrees to provide all services required under the Scope of Services in Exhibit "A" within the compensation amount set forth in Exhibit "B". . For Consultant's services rendered under this Agreement, City shall pay Consultant the not to exceed sum of $238,089.00.
5. METHOD OF PAYMENT. Compensation to Consultant shall be paid by the City after submission by Consultant of an invoice delineating the services performed.
6. RECORDS. It is understood and agreed that all plans, studies, specifications, data magnetically or otherwise recorded on computer or computer diskettes, records, files, reports, etc., in possession of the Consultant relating to the matters covered by this Agreement shall be the property of the City, and Consultant hereby agrees to deliver the same 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 set forth hereinabove, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use.
7. 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 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. Any records or documents required to be maintained 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.
8. INDEPENDENT CONTRACTOR. It is expressly understood that Consultant is an independent contractor and that its employees shall not be employees of or have any contractual relationship with the City. Consultant shall be responsible for the payment of all taxes, workers' compensation insurance and unemployment insurance. Should Consultant desire any insurance protection, the Consultant is to acquire same at its expense.
X: Agreements\Planning\2024\JBA-CP42 N-Prof Serv Agmt-Nov 2024.docx 2 In the event Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, protect, defend, and hold harmless the City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
9. INDEMNITY.
A. Indemnity for Professional Liability. When the law establishes a professional standard of care for Consultant's Services, to the fullest extent permitted by law, Consultant shall indemnify, protect, defend, and hold harmless City and any and all of its officials, employees and agents from and against any and all losses, liabilities, damages, costs, and expenses, including legal counsel's fees and costs but only to the extent the Consultant (and its Subconsultants), are responsible for such damages, liabilities and costs on a comparative basis of fault between the Consultant (and its Subconsultants) and the City in the performance of professional services under this agreement.
B. Indemnity for Other Than Professional Liability. Other than in the performance of professional services and to the full extent permitted by law, Consultant shall indemnify, defend, and hold harmless City, and any and all of its employees, officials and agents from and against any liability (including liability for claims, suits, actions, arbitration proceedings, administrative proceedings, regulatory proceedings, losses, expenses or costs of any kind, whether actual, alleged or threatened, including legal counsel's fees and costs, court costs, defense costs, and expert witness fees), where the same arise out of, are a consequence of, or are in any way attributable to, in whole or in part, the performance of this Agreement by Consultant or by any individual or City for which Consultant is legally liable, including, but not limited to officers, agents, employees, or subcontractors of Consultant.
10. INSURANCE. During the term of this Agreement, Consultant shall maintain in full force and effect at its own cost and expense, the following insurance coverage:
X: \Agreements\Planning\2024UBA-CP42 N-Prof Serv Agmt-Nov 2024.docx 3 a. Workers' Compensation Insurance. Full workers' compensation insurance shall be provided with a limit of at least One Hundred Thousand Dollars ($100,000) for any one person and as required by law, including Employer's Liability limits of $1,000,000.00 per accident. The policy shall be endorsed to waive the insurer's subrogation rights against the City. b. General Liability.
(i) Consultant shall obtain and keep in full force and effect general lability coverage at least as broad as ISO commercial general liability coverage occurrence Form CG 0001.
(ii) Consultant shall maintain limits of no less than One Million Dollars ($1,000,000) per occurrence for bodily injury, personal injury and property damage.
(iii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects liability arising out of work or operations performed by or on behalf of the Consultant.
(iv) The policy shall stipulate that this insurance will operate as primary insurance for work performed by Consultant and its sub-contractors, and that any other insurance or self insurance maintained by City or other named insureds shall be excess and non-contributory.
(v) Consultant shall maintain its commercial general liability coverage for three (3) years after completion of the work and shall add an additional insured endorsement form acceptable to the City naming the City of Merced, its officers, employees, agents and volunteers for each year thereafter for at least three (3) years after completion of the work. Copies of the annual renewal and additional insured endorsement form shall be sent to the City within thirty (30) days of the annual renewal.
C. Automobile Insurance.
(i) Consultant shall obtain and keep in full force and effect an automobile policy of at least One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
X: Agreements\Planning|2024\JBA-CP42 N-Prof Serv Agmt-Nov 2024.docx 4 (ii) The City, its officers, employees, volunteers and agents are to be named as additional insureds under the policy, as respects automobiles owned, leased, hired or borrowed by the
Consultant.
(ili) The policy shall stipulate that this insurance will operate as rimary insurance for work performed by Consultant and it ub-contractors, and that any other insurance or self insuranc maintained by City or other named insureds shall be excess and non-contributory.
d. Professional Liability Insurance. Consultant shall carry professional liability insurance appropriate to Consultant's profession in the minimum amount of One Million Dollars ($1,000,000). Architects and engineers' coverage is to be endorsed to include contractual liability.
e. Qualifications of Insurer. The insurance shall be provided by an acceptable insurance provider, as determined by City, which satisfies all of the following minimum requirements:
(i) An insurance carrier admitted to do business in California and maintaining an agent for service of process within this State; (ii) An insurance carrier with a current A.M. Best Rating of A: VII or better (except for workers' compensation provided through the California State Compensation Fund).
f. Certificate of Insurance. Consultant shall complete and file with the City prior to engaging in any operation or activity set forth in this Agreement, certificates of insurance evidencing coverage as set forth above and which shall provide that no cancellation or expiration by the insurance company will be made during the term of this Agreement, without thirty (30) days written notice to City prior to the effective date of such cancellation—including cancellation for nonpayment of premium. In addition to any other remedies City may have, City reserves the right to withhold payment if Consultant's insurance policies are not current.
X: \Agreements\Planning|2024UBA-CP42 N-Prof Serv Agmt-Nov 2024.docx 5 11. PREVAILING WAGES.
A. Labor Code Compliance. If the work performed under this Agreement falls within Labor Code Section 1720(a)(1) definition of a "public works" the Consultant agrees to comply with all of the applicable provisions of the Labor Code including, those provisions requiring the payment of not less than the general prevailing rate of wages. The Consultant further agrees to the penalties and forfeitures provided in said Code in the event a violation of any of the provisions occurs in the execution of this Agreement.
B. These wage rate determinations are made a specific part of this Agreement by reference pursuant to Labor Code Section 1773.2. General Prevailing Wage Rate Determinations may be obtained from the Department of Industrial Relations Internet site at http://www.dir.ca.gov/.
C. After award of the Agreement, and prior to commencing work, all applicable General Prevailing Wage Rate Determinations, if applicable, are to be obtained by the Consultant from the Department of Industrial Relations. Theses wage rate determinations are to be posted by the Consultant at the job site in accordance with Section 1773.2 of the California Labor Code.
D. Consultant agrees to include prevailing wage requirements, if applicable, in all subcontracts when the work to be performed by the subcontractor under this Agreement is a "public works" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771.
12. ASSIGNABILITY OF AGREEMENT. It is understood and agreed that this Agreement contemplates personal performance by the Consultant and is based upon a determination of its unique personal competence and experience and upon its specialized personal knowledge. Assignments of any or all rights, duties or obligations of the Consultant under this Agreement will be permitted only with the express written consent of the City.
13. TERMINATION FOR CONVENIENCE OF CITY. The City may
terminate this Agreement any time by mailing a notice in writing to Consultant that the Agreement is terminated. Said Agreement shall then be deemed terminated, and no further work shall be performed by Consultant. If the Agreement is so terminated, the Consultant shall be paid for that percentage of the phase of work actually completed, based on a pro rata portion of the compensation for said phase satisfactorily completed at the time the notice of termination is received.
X: \Agreements\Planning\2024JBA-CP42 N-Prof Serv Agmt-Nov 2024.doex 6 14. CONFORMANCE TO APPLICABLE LAWS. Consultant shall
comply with its standard of care regarding all applicable Federal, State, and municipal laws, rules and ordinances. No discrimination shall be made by Consultant in the employment of persons to work under this contract because of race, color, national origin, ancestry, disability, sex or religion of such person.
Consultant hereby promises and agrees to comply with all of the provisions of the Federal Immigration and Nationality Act (8 U.S.C.A. 1101 et seq.), as amended; and in connection therewith, shall not employ unauthorized aliens as defined therein. Should Consultant so employ such unauthorized aliens for the performance of work and/or services covered by this Agreement, and should any agency or instrumentality of the federal or state government, including the courts, impose sanctions against the City for such use of unauthorized aliens, Consultant hereby agrees to, and shall, reimburse City for the cost of all such sanctions imposed, together with any and all costs, including attorneys' fees, incurred by the City in connection therewith.
15. WAIVER. In the event that either City or Consultant shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or succeeding breach of this Agreement, whether of the same or any other covenant, condition or obligation. Waiver shall not be deemed effective until and unless signed by the waiving party.
16. INCONSISTENT OR CONFLICTING TERMS IN AGREEMENT
AND EXHIBITS. In the event of any contradiction or inconsistency between any attached documents) or exhibit(s) incorporated by reference herein and the provisions of the Agreement itself, the terms of the Agreement shall control.
Any exhibit that is attached and incorporated by reference shall be limited to the purposes for which it is attached, as specified in this Agreement. Any contractual terms or conditions contained in such exhibit imposing additional obligations on the City are not binding upon the City unless specifically agreed to in writing, and initialed by the authorized City representative, as to each additional contractual term or condition.
17. AMBIGUITIES. This Agreement has been negotiated at arms' length between persons knowledgeable in the matters dealt with herein. Accordingly, any rule of law, including, but not limited to, Section 1654 of the Civil Code of California, or any other statutes, legal decisions, or common-law principles of similar effect, that would require interpretation of any ambiguities in this X: Agreements\Planning|2024\JBA-CP42 N-Prof Serv Agmt-Nov 2024.docx 7 Agreement against the party that drafted this Agreement is of no application and is hereby expressly waived
18. VENUE. This Agreement and all matters relating to it shall be governed by the laws of the State of California and any action brought relating to this agreement shall be held exclusively in a state court in the County of Merced.
19. AMENDMENT. This Agreement shall not be amended, modified, or otherwise changed unless in writing and signed by both parties hereto.
20. INTEGRATION. This Agreement constitutes the entire
understanding and agreement of the parties and supersedes all previous and/or contemporaneous understanding or agreement between the parties with respect to all or any part of the subject matter hereof.
21. AUTHORITY TO EXECUTE. The person or persons executing this Agreement on behalf of the parties hereto warrants and represents that he/she/they has/have the authority to execute this Agreement on behalf of their entity and has/have the authority to bind their party to the performance of its obligations hereunder.
22. COUNTERPARTS. This Agreement may be executed in one or more counterparts with each counterpart being deemed an original. No counterpart shall be deemed to be an original or presumed delivered unless and until the counterparts executed by the other parties hereto are in the physical possession of the party or parties seeking enforcement thereof.
IN WITNESS WHEREOF, the parties have caused this Agreement to be executed on the date first above written.
CITY OF MERCED
A California Charter Municipal
Corporation
BY:
D. Scott McBride
City Manager
X: \Agreements\Planning\2024\JBA-CP42 N-Prof Serv Agmt-Nov 2024. docx 8 ATTEST:
D. SCOTT MCBRIDE, CITY CLERK
BY:
Assistant/Deputy City Clerk
APPROVED AS TO FORM:
CRAIG J. CORNWELL, CITY ATTORNEY
3x: Graig Cornwell 11/4/2024
ity Aftorne
ACCOUNT DATA:
M. VENUS RODRIGUEZ, FINANCE OFFICER
BY:
Verified by Finance Officer
{Signatures continued on next page}
X:\Agreements\Planning|2024\JBA-CP42 N-Prof Serv Agmt-Nov 2024.docx 9 CONSULTANT
BY:
(Signature)
Mark Niskanen
-
(Typed Name)
Its: Vice President
(Title)
BY:_
(Signature)
(Typed Name)
Its:_
(Title)
Taxpayer I.D. No. 27-2423212
ADDRESS: 139 S. Stockton Avenue
Ripon, CA 95366
TELEPHONE: (209) 599-8377
FAX:
E-MAIL:
[email protected]
X: Agreements\Planning\2024JBA-CP42 N-Prof Serv Agmt-Nov 2024.doox 10 CITY OF MERCED
CP-42 NORTH: GENERAL PLAN AMENDMENT, PREZONE, AND ANNEXATION October 10, 2024
INTRODUCTION
J.B. Anderson Land Use Planning, in conjunction with De Novo Planning Group, is pleased to present this proposal to the City of Merced for the Community Park (CP) - 42 General Plan Amendment, Prezone, and Annexation Project.
J.B. Anderson Land Use Planning (JBAP) is a full-service Land Use and Environmental Planning Firm located in Ripon, California. Established in 1993, JBAP has provided Land Use and Environmental Planning services in California through a host of Public Agencies and Municipalities. JBAP is located at the following address: 139 S. Stockton Avenue, Ripon, California, 95366. All professional Land Use and Environmental Planning Services are provided from this office.
JBAP has provided Land Use and Environmental Planning in various jurisdictions within the Central Valley and Sierra Nevada Foothills, including, Stanislaus, San Joaquin, Calaveras, Merced, Madera, Tuolumne, and Mariposa Counties. JBAP offers a wide variety of Land Use and Environmental Planning services, both short- and long-range Land Use Planning services on Projects ranging from processing of entitlements (e.g., Site Plan Reviews, Conditional Use Permits, etc.), Master and Specific Plans, Environmental Document preparation, etc. Currently, our Firm is providing General Planning Services (Contract Planning) and staffing to the Cities of Waterford, Oakdale, Hughson, Riverbank, Lathrop, Los Banos, and Mountain House.
Our Firm understands the City of Merced has requested a Proposal to allow for our Firm to manage and process the entitlements associated with the annexation of Community Park (CP- 42) North, including Project Management and Lead, Environmental Compliance (CEQA and/or NEPA), and Public Hearing attendance and participation.
Project Leader:
Mark Niskanen, Vice President
[email protected]
139 S. Stockton Avenue
Ripon, California 95366
Telephone: (209) 599-8377
EXHIBIT A
PROJECT UNDERSTANDING
J.B. Anderson Land Use Planning, in conjunction with DeNovo Planning Group, understands that the City of Merced is requesting a Proposal for Project management and entitlement associated with a General Plan Amendment, Prezone, and Annexation request, initiated by the City of Merced, for the annexation and development of a park site the City refers to Community Park (CP-42) North (hereinafter referred to as the Proposed Project).
The Proposed Project is approximately eight (80) acres in size and is bounded by East Gerard Avenue to the north, Esat Mission Avenue to the south, Tyler Road to the east, and Barroso Avenue and existing residential development to the west. Previously, the City annexed approximately forty (40) acres of the Project site, and the remainder is currently owned by the Merced Union High School District (MUHSD) and within the jurisdiction of Merced County. The figure below illustrates the Project site:
East Gerard Avenue
#1 - Size: 0.32 acres / 14298.1 SF
Site Address 528 E Gerard Ave
Property Owner: DEVI RENU RANJITA &
GILL GURPREET SINGH
Mailing: 1407 W 16TH ST MERCED, CA
95340
APN - 259-130-011
#2 - Size: 1.14 Acres APN - 259-130-012
Site Address: 546 E GERARD AVE
Property Owner: MOUA JUPAH & KATHY
Mailing Address: 546 E GERARD AVE
MERCED, CA 95341
#3 - Size: 1.45 Acres APN - 259-130-013
Site Address: 570 E GERARD AVE
Property Owner: VERA MIGEL ANGEL
Mailing Address: 570 E GERARD AVE
MERCED, CA 95341
south
#4 - Size: 1.45 acres APN - 259-130-014
Site Address: 600 E GERARD AVE
Property Owner: GONZALES BARBARA R
Mailing Address: 600 E GERARD AVE
MERCED, CA 95341
Cp 42 #5 - Size: 33.82 APN - 259-130-010
Property Owner: MUHSD
#6 - Size: 0.99 acre APN - 259-130-016
Site Address: 739 S TYLER RD
Property Owner: SLATON TONY T
Mailing Address: 1344 GRIFFIN ST
MERCED, CA 95341
#7 - Size: 37.19 acres APN - 259-130-035
it East Mission Avenye Property Owner: City of Merced
• J.B. ANDERSON •
2 of 11 LAND ALL FUSSIN
As noted above, the southern portion of the Project site was annexed by the City some time ago. The northern portion consists of various property owners, including the MUHSD along with owners noted in the above figure. The intent is to annex the entire northern portion as part of the ultimate development of an 80-acre park and sports complex. Our Firm understands that the City will be retaining a Park Planning and Design Firm for the design of the Project site.
Generally, our Firm's role will be the following:
• Act as an extension of City staff, and manage the entitlement effort associated with the Proposed Project;
• Manage the preparation of the applicable CEQA and/or NEPA compliance documents.
Included in the Project Team is DeNovo Planning Group, which will be tasked with preparing the applicable environmental compliance documents. • Attend meetings and public hearings at the City, the MUHSD, and Merced LAFCO.
Generally, the entitlements that will be managed and processed include the following:
• General Plan Amendment (for MUHSD owned property currently designated as a school site);
• Annexation (of the northern 40-acres); and,
• Prezoning.
• 1.B. ANDERSON •
3 of 11 BANDE RESSES
SCOPE OF WORK
TASK 1 PROJECT INITIATION AND MANAGEMENT
JBAP Staff shall coordinate with City staff and schedule a Kick-Off Meeting. The purpose of this kick-off meeting will be to discuss Project tasks and schedule, collect background documents and information, and coordinate for future Project Status Meetings.
This task shall also assume time needed to research any background documents and information, including but not limited to, General Plan, General Plan EIR, and MUHSD documentation (if applicable).
Project Management: for a Project of this nature, we are assuming bi-weekly meetings with City staff to discuss Project updates, tasks, schedule, etc. JBAP Staff shall prepare all meeting agendas, notes, etc., and these meetings will typically be held on ZOOM or Microsoft Teams.
Deliverables: None. However, Meeting Agendas and Minutes may be produced for Project Management Meetings.
Meetings: To be determined based on discussions with City staff.
TASK 2 MEETINGS WITH MUHSD AND MERCED LAFCO
In an effort to define the annexation boundary and any LAFCO requirements of the proposed annexation, we are assuming up to three (3) meetings with Merced LAFCo staff to discuss the proposal, define the annexation boundary, and also define any issues or requirements the City should be aware of as part of the Proposed Project.
Similarly, this task also assumes meetings with MUHSD staff and Board will be required. For this task, we are assuming two (2) meetings with MUHSD staff and up to 3 meetings with the MUHSD Board.
Deliverables: Meeting Agendas and Minutes.
Meetings: Meetings with MUHSD and Merced LAFCo.
ELE ANDERSON
4 of 11 TEND LO DIASNE
TASK 3 DEFINE PROJECT DESCRIPTION AND ANNEXATION BOUNDARY This task involves defining the Project Description and ultimate annexation boundary that will be proposed.
For the purposes of this proposal, we assume the entire 80-acres will be included as the overall annexation boundary. However, because there are four (4) ranchette parcels located on East Gerard Avenue, it is possible those properties are removed from the annexation boundary. Discussions with Merced LAFCO staff along with City staff will assist in defining the overall boundary.
Ultimately, this task involves defining the annexation boundary and overall Project Description that will be utilized in the entitlement documents.
Deliverables: One (1) PDF and one (1) MSWord copy of the Project Description and Exhibit of Annexation Boundary.
Meetings: Meetings are not anticipated for this task.
TASK 4 APPLICATION MATERIALS AND PROJECT REFERRALS
Internal Referral
JAP shall prepare and distribute the Development Review Committee (DRC) referral(s). Following the DRC meeting(s), JBAP shall compile and prepare a list of City Department comments, including Planning into an Application Status Letter. JBAP assumes that up to two (2) DRC meetings may be necessary for the processing the above entitlements.
Outside Agency Referral
JBAP shall prepare the City shall distribute the Outside Agency referral once the application is deemed complete. The outside agency referral shall be a forty-five (45) day review period.
Senate Bill 18 Consultation Referral
Pursuant to Senate Bill 18 (SB 18), JBAP staff will request a list of potentially affected California Native American tribes from the California Native American Heritage Commission (NAHC). JBAP will coordinate with City staff to mail the Senate Bill 18 Referrals.
1 1.D. ANDERSON D
5 of 11 TAND IS FIASSIS
Assembly Bill 52 Consultation Referral
JBAP shall also coordinate with City staff to prepare the Assembly Bill 52 (AB 52) referral.
Deliverables: One (1) PDF and one (1) MSWord copy of the Development Review Committee Referral.
One (1) PDF and one (1) MSWord copy of the Outside Agency Referral.
One (1) PDF and one (1) MSWord copy of the Senate Bill 18 Referral/Consultation Letter.
If necessary, One (1) PDF and one (1) MSWord copy of the AB 52 Referral/Consultation Letter.
Meetings: Attend up to two (2) Development Review Committee Meetings.
If necessary, attend Consultation Meetings per SB 18 and AB 52.
TASK 5 CEQA
Task 5 involves the preparation of CEQA compliance documents. JAP has retained the services of De Novo Planning Group for this task. Please refer to Attachment A for the CEQA scope of work.
TASK 6 PREPARE STAFF REPORTS AND CONDUCT PUBLIC HEARINGS JBAP will prepare all Staff Reports, Resolutions, Ordinances, and supporting documents to be presented at the Planning Commission and City Council meeting(s). In addition, JBAP staff will prepare the required Public Notices for Planning Commission and City Council and will transmit to Staff in a timely manner to be 1) reviewed by City Staff and the City Attorney's Office; and 2) published in a newspaper of general circulation and mailed to property owners within 300-feet of the Proposed Project boundary as required by the Government Code.
JBAP will organize and assist the City in preparing the Planning Commission and City Council packets and will organize the attachments in the format the City utilizes.
•1.B. ANDERSON •
6 of 11 AND LE DIASSI
JBAP staff will transmit the Planning Commission and City Council Staff Reports, Resolutions, Ordinances, and supporting documents to the City in a timely manner. JBAP will work with the City Clerk on clarifying the items to be part of the Administrative Record.
JBAP staff will present the Proposed Project at the Planning Commission, and City Council meetings.
Deliverables: One (1) MSWord copy of the Public Notice, Staff Report, Resolution(s), Ordinance(s) for Planning Commission.
One (1) PPT copy of the Planning Commission PowerPoint
Presentation.
One (1) MSWord copy of the Public Notice, Staff Report, Resolution(s), Ordinance(s) for City Council.
One (1) PPT copy of the City Council PowerPoint Presentation.
Meetings: One (1) Planning Commission Public Hearing.
One (1) City Council Public Hearing.
TASK 7 PREPARATION OF THE LAFCO APPLICATION FOR ANNEXATION JBAP staff will coordinate with Merced County LAFCo on submittal requirements for the LAFCo application following City Council approval and authorization.
JBAP staff will prepare all applications and assemble all exhibits necessary to process the annexation request through Merced LAFCo. JBAP staff will coordinate with the Project Engineer for the Final Annexation Map and Metes and Bounds. Additional coordination may be necessary to prepare the Plan for Services (i.e., additional information related to infrastructure).
JBAP staff will transmit the application to City staff for review and comment.
Specifically, Planning and Public Works will review the Application for completeness and accuracy. This task also includes attendance at the LAFCo Public Hearing.
Deliverables: One (1) hard-copy and one (1) electronic copy of the Draft LAFCo Application and all supporting materials.
DI.B. ANDERSON D
7 of 11 AND PERRIN
One (1) hard-copy and one (1) electronic copy of the Final LAFCo application submitted to Merced LAFCo.
Meetings: One (1) meeting with City staff to discuss the Draft LAFCo Application. Attendance at LAFCo Hearing(s) will also be required.
TASK 8 PROCESSING THE ANNEXATION APPLICATION WITH MERCED COUNTY LAFCO JBAP staff assumes that Merced County LAFCo will review and comment on the LAFCo application. JBAP staff will coordinate with key City staff members in the review of all LAFCo correspondence and address LAFCo comments in a timely manner. In addition, JBAP staff will coordinate with Merced LAFCo to schedule the proposed annexation to the LAFCo agenda.
Deliverable: If necessary, one (1) hard-copy and one (1) electronic copy of Revised Application materials submitted to LAFCo.
Meetings: No meetings are assumed with this task. Numerous emails and phone conversations may occur.
TASK 9 POST-LAFCO APPROVAL PROCESSING
Following the LAFCo approval of the annexation, JBAP staff shall work with City Staff to organize the administrative hard and electronic file. JBAP staff shall update the administrative record to reflect the final LAFCo action on the Proposed Project to conclude the annexation process. JBAP staff assumes that LAFCo will file the Certificate of Completion and Statement of Boundary Change with the State Board of Equalization within thirty (30) days of LAFCo action. JBAP staff assumes City staff will update the administrative record with the filed Certificate of Completion.
Deliverable: No deliverables are assumed for this task.
Meetings: If necessary, one (1) meeting with City staff to discuss the hard and electronic file.
• 1.0. ANDERSON B
8 of 11
COST PROPOSAL
Principal Senior Associate Admin
City of Merced - Community Park No. 42 President Planner Planner Planner Assistant $240 $218 $180 $130 $67
HOURS COST
Task 1 Project Initiation and Management 4 40 40 8 $15,640 Meetings with MUHSD and Merced 16 16 8 8 $9,864
Task 2 8
LAFCO
Define Project Description and $8,200
Task 3 4 8 16 16 8
Annexation Boundary
Task 4 Application Materials and Project 16 16 24 8 $11,944 Referrals
Task 5* CEQA - - - $119,587
Prepare Staff Reports and Conduct 16 $17,272
Task 5 8 32 32 8
Public Hearings
Preparation of the LAFCo Application $16,320
Task 6 8 8 24 60 8
for Annexation
Processing the Annexation Application 8 4
Task 7 8 8 16 $7,452
with Merced County LAFCo
Task 8 Post-LAFCo Approval Processing 2 4 4 2 $1,810
Sub-Total of Tasks 48 98 156 184 54 $208,089
Administrative Expenses (i.e
Management of Sub-Consultants, Copies, $30,000
Mileage, CEQA CA Fish and Wildlife Fees,
LAFCO Application fees, etc.)
TOTAL ESTIMATE $238,089
*Scope of Work and Cost Estimate provided by De Novo Planning Group L.B. ANDERSON DI
9 of 11
ASSUMPTIONS
1. Information requested from the City is delivered to JBAP in a timely manner.
2. Time and budget are estimated at the best of JBAP ability based on the information available to prepare this scope because of the complexity of the Proposed Project will undoubtably add to the budgeted time. The Cost Estimate provided herein is an estimate. Any charges or invoices above and beyond what is shown in this Proposal shall be first authorized by the City of Merced.
3. The City will be responsible for the cost of newspaper publication of notices and certified mailings to individuals and/or agencies. These costs are not included in the proposed cost estimate.
4. The proposed billing rates apply to the current calendar year. For work performed after this year has concluded, budget augmentations and contract amendments will be calculated using updated billing rates.
5. After the description of the Proposed Project is approved by the City for use in the environmental document, it is assumed that it will not change during the course of analysis and document preparation. If changes are necessary, amendment of the budget will be warranted to the extent that the previously completed review need to be redone.
6. Review cycles of the application materials and environmental documents will be ongoing with the various City Departments and agencies. JBAP assumes that multiple review cycles will be necessary to process the entitlement package.
7. JBAP Staff is not responsible for any potential delays associated with inter-Department review. -1.B. ANDERSON O
10 of 11 ANDELS BLASSESE
Attachment A
Proposal to Provide CEQA Documentation for the City of Merced Community Park 42 North Annexation, dated October 9, 2024, prepared by De Novo Planning Group • 1.B. ANDERSON D
11 of 11
ATTACHMENT A
De Novo Planning Group
A Land Use Planning, Design, and Environmental Firm
Proposal to provide CEQA Documentation for the
City of Merced Community Park 42 North
(CP42-North) Annexation
De Novo Planning Group Updated 10-9-24
1020 Suncast Lane, Suite 106
El Dorado Hills, CA 95762
CEQA Services
October 9, 2024
SUBJECT: Proposal for CEQA Documentation for the Community Park 42 North (CP42-North) Dear Mr. Niskanen,
We understand that the City of Merced is requesting assistance with the preparation of an environmental document pursuant to the California Environmental Quality Act (CEQA) for the CP42 North Annexation Project. We understand that the City previously annexed approximately 37.19 acres of land located at the Northwest corner of Mission Avenue & South Tyler Road for CP42. The land immediately north of CP42 is owned by the Merced Union High School District (MUHSD) and was originally for a school, but is now anticipated to be used for park/ball fields. The City has a design for CP42, but anticipates having a park design prepared for the CP 42 North using ARPA funds. The CP42 North site will need to be annexed into the city limits, which requires LAFCo approval. The attached scope of work reflects preparation of a Mitigated Negative Declaration with several technical studies.
Please contact Steve McMurtry at (916) 580-9818 or [email protected] if you have any questions or need any additional information.
Sincerely,
DE NOVO PLANNING GROUP
Steve McMurtry, Principal
DE NOVO PLANNING GROUP
Proposal
Table of Contents
Table of Contents. ...2
Scope of Work ... 3
Schedule ..... 10
Budget ...O
2 DE NOVO PLANNING GROUP
CEQA Services
Scope of Work
Task 1 - Project Initiation
Within two weeks of project commencement, the De Novo team will hold a conference call with City Staff to discuss the following:
Refinement of project work scope and schedule,
City preferences for point of contact, method of communication, meeting responsibilities, project updates, etc.,
• Collection of relevant background documents (adopted documents, reports, and studies), and • Project deliverables.
Task 2: Prepare Project Description
De Novo will prepare a detailed project description including text and graphics that reflect the CP42 North Project (Project). We understand that this task may require De Novo to wait until the City's Park Consultant prepares the park design. Once the park design is confirmed, we will provide the draft project description to the City staff for review and comment. Upon receipt of comments from the City staff we will finalize the project description for use in the traffic report and the Addendum.
Task 3 Technical Studies
This task includes several technical studies that will support the Initial Study.
Traffic Study (Fehr and Peers)
CEQA VMT Scope:
Coordination: It is our understanding that the City of Merced has not adopted a formal VMT methodology or thresholds of significance for regional parks projects. While Merced County Association of Governments (MCAG) adopted the VMT Thresholds and Implementation Guidelines in July 2022 and the State of California's Office of Planning and Research (OPR) adopted a Technical Advisory on Evaluating Transportation Impacts in CEQA in December 2018, neither document specifically addresses best practice and/or recommended thresholds of significance for a regional sports park. While these documents can be referred to if the City of Merced does not have their own guidance, it is unclear if the City of Merced wishes to adhere to guidance in either document. For these reasons, Fehr & Peers proposes to coordinate with the City of Merced to confirm if any screening criteria may be applicable and if not, which VMT methodology and thresholds should be used for the project. If the project can be screened from VMT analysis, Fehr & Peers will proceed with Task 2 described below. If the project is not eligible for screening and a VMT analysis is necessary, Fehr & Peers will proceed with Optional Task of the Full VMT Analysis.
CEQA Vehicle-Miles of Travel (VMT) Screening Analysis: Pending direction from Task 1, Fehr & Peers will evaluate if the project can be screened from VMT analysis (based on VMT screening criteria documented in the MCAG VMT Guidelines or other screening criteria that may be applicable). Land use projects that meet a set of screening criteria are presumed to not cause significant VMT impacts and therefore do not require a VMT analysis. Screening criteria that are potentially applicable to the proposed project includes public service uses and local parks. Based on the discussion with the City, Fehr & Peers will document the VMT screening criteria and the screening results. If the proposed project cannot be screened, Fehr & Peers will perform a detailed VMT analysis, as described in with Optional Task of the Full VMT Analysis.
DE NOVO PLANNING GROUP 3
Proposal
Other Required CEQA Analysis: Besides VMT, CEQA compliance for transportation impact studies typically includes consideration of the following analysis elements:
• Setting
Transit
Bicycle
Pedestrian
Safety
Wildfire evacuation
Traffic inputs for other impact sections
This scope of work excludes wildfire evacuation analysis, construction analysis, and only includes a limited safety impact analysis approach. Unless otherwise explicitly mentioned, traffic inputs for other impact sections include only project trip generation and roadway volumes at the intersection locations listed under tasks from the LTA analysis.
Setting: Fehr & Peers will describe the existing environmental setting relating to transportation conditions.
This will include a discussion of the roadway, bicycle, pedestrian, and transit systems in the project vicinity, as well as baseline conditions and regulatory conditions that apply to the project's review of potential VMT impacts. Baseline conditions will include a summary of VMT metrics to be used in the study.
Transit: Fehr & Peers will qualitatively assess potential transit impacts by reviewing the proposed project's physical changes to the study area's transit service. A significant impact will occur if the project disrupts existing service or interferes with planned transit service. A significant impact may also occur if a physical change proposed by the project would be inconsistent with transit policies contained in the City's general plan.
Bicycle and Pedestrian: Fehr & Peers will qualitatively assess potential bicycle and pedestrian impacts by reviewing the proposed project's physical changes to the study area's bicycle and pedestrian network. A significant impact will occur if the project disrupts existing facilities or interferes with planned facilities. A significant impact may also occur if a physical change proposed by the project would be inconsistent with bicycle and pedestrian policies contained in the City's general plan.
Safety: Fehr & Peers will review the proposed project's changes to traffic conditions for consistency with applicable design standards under baseline plus project conditions. Specific review items will include the following.
• Project changes to the volume, mix, and speed of traffic in the study area. • Project modifications to the public roadway, transit, bicycle, and pedestrian systems.
A significant impact may occur if the project's proposed modifications are not consistent with the applicable design standards.
Documentation: Fehr & Peers will prepare a draft technical memorandum summarizing the information analyzed in the previous tasks. We will respond to one round of consolidated comments on the draft memorandum and prepare a final version of the memorandum for project team use and future City review. We have budgeted up to eight hours of staff time for responses to comments on the draft memorandum.
DE NOVO PLANNING GROUP
CEQA Services
Optional Task - Detailed VMT Analysis: If the project cannot be screened, Fehr & Peers will conduct a detailed VMT analysis for the proposed project according to the City's direction on VMT analysis methodology and thresholds. Given that the MCAG 2022 RTP Travel Demand Model is unlikely to be able to accurately reflect travel patterns of regional sports parks, Fehr & Peers proposes to use a big data to conduct the VMT analysis for the proposed project. Fehr & Peers will collect big data at the three comparable regional sports parks (specific parks to be used for analysis will be discussed with and approved by the City) in the City or the region to estimate VMT generated by the proposed project.
Upon request, Fehr & Peers will prepare VT by speed bin for the purpose of inputs for other technical analysis such as Air Quality, Greenhouse Gas, etc.
Non-CEQA Operational Analysis Scope of Work
Coordination: Fehr & Peers will coordinate the following with the City prior to collecting data and conducting analysis described in Task 2 and 3:
• Study intersections and scenarios
• Project travel characteristics methodology
• Three comparable sites in the City or the region
Project Travel Characteristics Big Data Analysis: Fehr & Peers will review travel characteristics of three comparable sites in the City or the region using available location-based big data (see CEQA VMT scope of work for additional detail - note, the purchase for big data is not included in this cost estimate as it was budgeted for in the CEQA scope of work). Project trip generation will be estimated based on results of the big data analysis. Fehr & Peers will coordinate with the City to confirm the appropriate study period(s).
Trip distribution and assignment will be based on traffic patterns in the local area and potential trip making characteristics of the proposed uses.
Local Transportation Analysis: Intersection Level of Service (LOS) will be evaluated to assess the project's effect on intersection operations relative to General Plan compliance (LOS standards) and to identify the potential need for enhancements to the transportation network. The traffic operations analysis will study up to three (3) intersections close to the project site to determine if potential modifications may be necessary to accommodate the project's effect on peak hour volumes. Due to the proposed use of the proposed project as a regional sports park, we suggest the following study time periods and study intersections:
• Weekday PM peak hour
• Saturday AM peak hour
Suggested study intersections:
East Mission Avenue/Tyler Road
East Gerard Avenue/Tyler Road
East Gerard Avenue/Barroso Avenue
Data Collection and Field Observation: Fehr & Peers will collect weekday evening (4:00 PM to 8:00PM) and Saturday morning (8:00 AM to 12:00 PM) turning movement counts at the study intersections.
DE NOVO PLANNING GROUP
Proposal
Level of Service Analysis: Traffic operations at the intersections will be analyzed using Synchro 12, which applies the procedures and methodologies outlined in the Highway Capacity Manual, 7th Edition (Transportation Research Board, 2021). Operations will be evaluated under AM and PM peak hour conditions (or alternative time periods as determined by the City) for the following scenarios:
Existing Year (2023) Conditions
Existing Year (2023) Plus Proposed Project
Cumulative Year (2046) No Project
• Cumulative Year (2046) Plus Proposed Project
Cumulative no project forecasts will be derived from the Merced County Association of Governments (MCAG) travel demand model. It is noted that the MCAG travel model does not have the ability to forecast Saturday travel conditions and if Saturday is a desired study period, we will apply the growth in weekday PM peak hour traffic between existing and cumulative conditions to Saturday existing volumes to obtain Saturday cumulative forecasts. It is noted that this scope of work does not include any model calibration or validation in the study area and the model will be used as is. If it is determined that the study area lacks sufficient detail to produce reasonable cumulative no project forecasts, Fehr & Peers will apply a growth factor to estimate cumulative no project forecasts.
Project trip generation, distribution and assignment developed in Task 2 will be used to add trips to Existing and Cumulative No Project forecasts and the Plus Project scenarios will be compared against the relevant No Project scenarios. The project's effect on Level of Service will be assessed and potential improvements will be evaluated to address any new deficiencies.
Documentation: Fehr & Peers will prepare a draft technical memorandum summarizing the information analyzed in Tasks 1 through 3. We will respond to one round of consolidated comments on the draft memorandum and prepare a final version. We have budgeted up to eight hours of staff time for responses to comments on the draft memorandum.
Noise Study (Saxelby)
Existing Noise Environment: Saxelby Acoustics will conduct a noise survey within the project site to quantify existing background noise levels. The noise survey will consist of continuous (72-hour) noise level measurements at the closest noise-sensitive receptors around the project site. We anticipate conducting noise measurements at 2-3 locations over a full weekday and weekend period.
Analysis of Traffic Noise Environment: Saxelby Acoustics will evaluate increased traffic noise levels at existing sensitive receptors in the project vicinity. This task will be performed using trip generation data and existing traffic counts, as available.
Analysis of Stationary Noise Environment: Saxelby Acoustics will provide an analysis of noise levels associated with the proposed park project at the nearest noise-sensitive residential uses. Noise levels will be quantified using data collected for similar uses and mapped using the SoundPLAN noise model. The study will also include an assessment of construction noise and vibration.
Report Preparation: Saxelby Acoustics will provide a draft report which details our findings, methodology, and noise reduction measures (if required). The report will be prepared to meet the requirements of the City of Merced and CEQA. Saxelby Acoustics will provide the technical noise study in a generic technical format, or a De Novo specific format if preferred
6 DE NOVO PLANNING GROUP
CEQA Services
Response to Comments: Saxelby Acoustics will respond to comments on the draft technical report. After comments are received, a final report will be provided
Cultural Study (Peak)
The project involves potential actions on 76.36 acres of land located on the south side of East Gerrard Avenue in the City of Merced. On the property are 6 or 7 houses that are over 50 years in age. We propose the following steps to identify, record and evaluate any cultural resources present.
1. A record search will be conducted for the project area and a 0.25-mile buffer area, through the Central California Information Center of the California Historical Resources Information System to determine if there are previous surveys or recorded sites within or near the project site.
Historic maps and other sources will be reviewed for further information on the historical occupancy of the property. City records may provide additional information on the residences, and previous ownership.
2. A check will be made of the Sacred Lands files at the Native American Heritage Commission. The letter with the list of contacts will be appended to the report for the City staff to begin consultation with the involved groups.
3. A field survey will be conducted of the project site, using complete coverage. Any sites present will be field recorded and photographed. We assume the project proponent will complete all access arrangements for the field survey.
4. A DPR 523 form for any new sites will be prepared.
5. The technical report will be prepared, detailing the results of the record search, cultural background, field survey methods and results, site evaluations to the degree possible from surface evidence, conclusions, and recommendations. The record search and any site records for sites in the project area will be an appendix to the report.
AQ/GHG Study (De Novo)
The project site is located within the jurisdiction of the San Joaquin Valley Air Pollution Control District (SJVAPCD). The project may result in short-term construction-related emissions and long-term operational emissions, primarily attributable to emissions from vehicle trips and from energy consumption by the residential uses. We will consult with the SJVAPCD regarding the project's potential to cause impacts, and the applicability of the SJVAPCD's Rules and Regulations. The Air Quality analysis will include the following:
• Regional air quality and local air quality in the vicinity of the project site will be described.
Meteorological conditions in the vicinity of the project site that could affect air pollutant dispersal or transport will be described. Applicable air quality regulatory framework, standards, and significance thresholds will be discussed.
• Short-term (i.e., construction) increases in regional criteria air pollutants will be quantitatively assessed. The ARB-approved CalEEMod computer model will be used to estimate regional mobile source and particulate matter emissions associated with the construction of the proposed project.
Long-term (operational) increases in regional criteria air pollutants will be quantitatively assessed for area source, mobile sources, and stationary sources. The ARB-approved CalEEMod computer model will be used to estimate emissions associated with the proposed project.
DE NOVO PLANNING GROUP 7
Proposal
Exposure to odorous or toxic air contaminants will be assessed through a screening method as recommended by the SJVAPCB.
Local mobile-source CO concentrations will be assessed through a CO screening method as recommended by the SJVAPCD. Mobile source CO concentrations are modeled for signalized intersections expected to operate at unacceptable levels of service (i.e., LOS E or worse). If the screening method indicates that modeling is necessary, upon review of the traffic analysis, CO concentrations will be modeled using the Caltrans-approved CALINE4 computer model.
This report will provide an analysis including the methodology (to be verified by the San Joaquin Valley Air Pollution Control District prior to the analysis), thresholds of significance, a consistency analysis, cumulative impact analysis, and a discussion of feasible mitigation measures that should be implemented to reduce impacts on air quality. Greenhouse Gases and Climate Change will be addressed in the report.
Bio Study (De Novo)
De Novo Planning Group's staff biologist will perform a Biological Resources Assessment for the project.
This work will involve the following:
• Background Research: De Novo will conduct a background data search to determine biological resources known to occur in the biological study area. This data will be obtained from the Inventory of Rare and Endangered Vascular Plants of California (California Native Plant Society, 2001), the California Department of Fish and Game (CDFG) Natural Diversity Data Base (CNDDB), lists from CDFG and U.S. Fish and Wildlife Service, and biological inventories conducted on adjacent properties.
Issue Identification/Scoping: We will evaluate the potential direct and indirect effects of a development project on the project site. We have not scoped for perform a formal Wetland Delineation Report; however, we do anticipate providing an assessment of wetland or potential wetlands on site. We will also document the presence of native trees on site; however, this assessment is not intended to be a full tree inventory including ornamental or planted trees.
This scope does not include permitting; however, we will identify the potential need for permits if certain biological conditions are present.
Field Survey: De Novo will compile lists of potential sensitive resources likely to occur within the vicinity of the project study area and conduct a reconnaissance-level field survey to develop an accurate description of the project study area, determine the presence of sensitive habitats and species, and evaluate the impacts of the project on the project study area. If it is determined that the presence of some sensitive resources may require multiple field surveys or sampling over more than one season then a scope modification would be required for the additional time.
Due to the timing of the field survey, it will not be considered a protocol-level plant survey.
Additionally, the survey for wildlife will not be considered focused or protocol-level. • Mapping: De Novo will map the vegetation types within the survey area using GPS overlaid on an aerial photo at a scale large enough to show vegetation types and important biological features such as habitat for sensitive species, wetlands, and unique plant assemblages. We will use a combination of aerial photo interpretation and ground truthing to delineate vegetation types and estimate the total acreage, the dominant plant species, and the relative sensitivity of the vegetation type. The mapping will identify each species observed to the extent necessary to determine whether it is threatened or endangered as well as natural communities whose status is being tracked by the CNDDB.
8 DE NOVO PLANNING GROUP
CEQA Services
• Evaluating Impacts/Significance: De Novo will evaluate the effects of the project on the biotic resources in the project study area. The evaluation will investigate the direct and indirect effects, the long-term and/or short-term impacts, and the cumulative impacts. We will conclude with a determination of the impact level of significance. • Avoidance/Minimization/Mitigation Measures: De Novo will coordinate with the Mid Penn Project Manager to develop biological mitigation measures for the project if necessary. • Prepare Draft Report: De Novo will document our findings and evaluation in a letter form. • Contract Admin/Management: This task includes time to administer the contract.
Task 3 Initial Study
De Novo will prepare an Initial Study (IS) to address potential impacts associated with the Project. The Initial Study would be prepared consistent with the requirements of Appendix G of the CEQA Guidelines.
This will specifically include: Project background, Description of project, Project setting, Affected Agencies, Environmental factors potentially affected, Environmental determination, Project and vicinity maps, Evaluation of environmental impacts (environmental checklist). We will utilize the any technical information and reports that are available.
Task 4 CEQA Compliance Path: Mitigated Negative Declaration Based on the results of the Initial Study, De Novo will prepare a Mitigated Negative Declaration. This would involve preparation of an administrative draft version of Mitigated Negative Declaration (MND) document supported by the Initial Study. Once the City approves of the administrative draft version, the MND would be circulated to the public for 30 days. This would require publishing the document with the proper notices (Notice of Completion) to the State Clearinghouse. We anticipate that the City staff will post the notices with the County Clerk and a newspaper of regional circulation (Notice of Intent to Adopt an MND).
We also anticipate that the City staff will handle local distribution. De Novo can assist with the local filing and distribution at the request of the City.
Tribal Consultation under AB 52, and SB 18 are anticipated to be necessary based on the project being a General Plan amendment. We can assist with providing the City with template letters for the consultation outreach, but ultimately consultation must be between the City and the Tribal Organization if consultation is required by the Tribal Organization. We can help facilitate any consultation if requested.
Deliverables: One (1) electronic copy, and Twenty (20) hard copies of the public Mitigated Negative Declaration. One (1) electronic copy, and Twenty (20) hard copies of the final Mitigated Negative Declaration. Ten (10) hard copies of the final Mitigated Negative Declaration for City use.
Task 5 - Attendance at Planning Commission/City Council Meetings De Novo staff will attend a Planning Commission and City Council hearing. We have a small budget for these hearings under the assumption that we can attend as a zoom panelist. If requested, we can attend in person for additional budget.
Task 6 - Project Administration/Management
This task includes the costs associated with administration/management of the project and contract, as well as the coordination with City staff, and consultants. We have included a budget of $2,500 for printing costs.
DE NOVO PLANNING GROUP
Proposal
Schedule
Time Period
Project Task Start Finish
(days)
Contract Award/Notice to Proceed 1-Nov-24 1-Nov-24
Tribal Consultation Letters Sent Out 90 2-Nov-24 31-Jan-25 Task 1- Project Initiation
Conference w/ City re: communication, deliverables 1 2-Nov-24 2-Nov-24 Collect background documents 1 2-Nov-24 2-Nov-24
Task 2 - Project Description
Wait for Park Plan (Critical Path by others) 60 2-Nov-24 1-Jan-25 Prepare Project Description 7 1-Jan-25 8-Jan-25
Staff Administrative Review 3 8-Jan-25 11-Jan-25
Task 3 - Technical Studies
Traffic Report 60 8-Jan-25 9-Mar-25
Noise Report 65 8-Jan-25 14-Mar-25
Cultural Report 60 8-Jan-25 9-Mar-25
AQ/GHG Report 65 8-Jan-25 14-Mar-25
Bio Report 60 8-Jan-25 9-Mar-25
Task 4 - Initial Study
Administrative Draft IS 21 14-Mar-25 4-Apr-25
Staff Administrative Review 3 4-Apr-25 7-Apr-25
Screencheck Draft IS 3 7-Apr-25 10-Apr-25
Task 5- Prepare CEQA Document
Prepare Mitigated Negative Declaration 7-Apr-25 10-Apr-25 Staff Administrative Review 2 10-Apr-25 12-Apr-25
Screencheck Draft 12-Apr-25 13-Apr-25
Public Circulation 13-Apr-25 13-May-25
Task 5 - Public Hearings
Planning Commission 1 TBD TBD
City Council 1 TBD TBD
10 DE NOVO PLANNING GROUP
Budget
McMurtry Carroll Smith DeNovo Admin Direct
Task Task Project Manager Senior Planner Senior Planner GIS Costs Totals Description $185 $150 $150 $130
Project Initiation
1.1 Conference call w/ City re: communication, deliverables 1.0 1.0
1.2 Research and Collect background documents 1.0 1.0
Subtotal i 2.0 0.0 0.0 0.0 2.0
Task 1 $ 370.00 $ 370.00
Project Description
2.1 Prepare Project Description 8.0 15.0 8.0 31.0
Subtotal 8.0 15.0 0.0 8.0 31.0
Task 2 $ 1,480.00 $ 2,250.00 $ 1,040.00 $4,770
Technical Studies
3.1 Traffic Study (Fehr and Peers) 2.0 4.0 1.0 $55,500.00 7.0
3.2 Noise Study (Saxelby) 2.0 4.0 1.0 $ 9,375.00 7.0
3.3 Cultural Study (Peak) 2.0 4.0 1.0 $ 14,432.00 7.0
3.4 AQ/GHG Study (De Novo) 4.0 42.0 1.0 47.0
3.5 Bio Study (De Novo) 12.0 32.0 1.0 45.0
Subtotal 22.0 32.0 54.0 5.0 113.0
Task 3 $ 4,070.00 $ 4,800.00 $ 8,100.00 $ 650.00 $ 79,307.00 $96,927 Administrative Draft IS
4.1 Administrative Draft IS 6.0 38.0 8.0 52.0
4.2 Screencheck Draft IS 4.0 8.0 1.0 13.0
Subtotal 10.0 0.0 46.0 9.0 65.0
Task 4 $1,850.00 $- $6,900.00 $ 1,170.00 $9,920
Prepare CEQA Document
5.1 Prepare Mitigated Negative Declaration 2.0 4.0 6.0
5.2 Screencheck Draft CEOA Document 2.0 2.0 4.0
5.3 Public Circulation 1.0 1.0 2.0
Subtotal 5.0 7.0 0.0 0.0 12.0
Task 5 $ 925.00 $ 1,050.00 $- $- $1,975
Attendance at Hearings
6.1 Planning Commission (via Zoom panel) 2.0 2.0
6.2 City Council (via Zoom panel) 2.0 2.0
Subtotal 4.0 0.0 0.0 0.0 4.0
Task 6 $ 740.00 $- $- $- $740.00
NOD
7.1 Prepare NOD 0.5 0.5
Subtotal 0.0 0.5 0.0 0.0 0.5
Task 7 $75.00 $- $- $- $ 75.00
Administration/Management
8.1 Admin/ Management 8.0 1.0 1.0 1.0 $2,900.00 11.0
Subtotal 8.0 1.0 1.0 1.0 11.0
Task S $1,480.00 $ 150.00 $150.00 $ 130.00 $ 350.00 $ 4,810.00 Project Totals
Project Hours 59.0 55.5 101.0 23.0 238.5
Project Cost $ 10,915.00 $8,325.00 $ 15,150.00 $2,990.00 $82,207.00 $ 119,587.00
COST PROPOSAL
Principal Senior Associate Admin
City of Merced - Community Park No. 42 President Planner Planner Planner Assistant $240 $218 $180 $130 $67
HOURS COST
Task 1 Project Initiation and Management 4 8 40 40 8 $15,640 Task 2 Meetings with MUHSD and Merced
LAFCO 16 16 8 8 $9,864
Task 3 Define Project Description and
4 8 16 16 8 $8,200
Annexation Boundary
Task 4 Application Materials and Project
Referrals 8 16 16 24 8 $11,944
Task 5* CEQA - - $119,587
Task 5 Prepare Staff Reports and Conduct
8 32 32 16 8 $17,272
Public Hearings
Task 6 Preparation of the LAFCo Application
8 8 60 8 $16,320
for Annexation
Task 7 Processing the Annexation Application
8 8 16 4 $7,452
with Merced County LAFCO
Task 8 Post-LAFCo Approval Processing 4 4 2 $1,810
Sub-Total of Tasks 48 98 156 184 54 $208,089
Administrative Expenses (i.e.
Management of Sub-Consultants, Copies,
Mileage, CEQA CA Fish and Wildlife Fees, $30,000
LAFCO Application fees, etc.)
TOTAL ESTIMATE $238,089
*Scope of Work and Cost Estimate provided by De Novo Planning Group • D.B. ANDERSON D
HAND ESE FRASSES
EXHIBIT B
Proposal
Schedule
Project Task Time Period
(days) Start Finish
Contract Award/Notice to Proceed 1-Nov-24
1-Nov-24
Tribal Consultation Letters Sent Out 90 2-Nov-24
31-Jan-25
Task 1 - Project Initiation
Conference w/ City re: communication, deliverables 1 2-Nov-24 2-Nov-24 Collect background documents 1
2-Nov-24 2-Nov-24
Task 2 - Project Description
Wait for Park Plan (Critical Path by others) 60 2-Nov-24 1-Jan-25
Prepare Project Description 1-Jan-25
8-Jan-25
Staff Administrative Review 3 8-Jan-25
11-Jan-25
Task 3 - Technical Studies
Traffic Report 60
8-Jan-25 9-Mar-25
Noise Report 65
8-Jan-25 14-Mar-25
Cultural Report 60
8-Jan-25 9-Mar-25
AQ/GHG Report 65 8-Jan-25
14-Mar-25
Bio Report 60
8-Jan-25 9-Mar-25
Task 4 - Initial Study
Administrative Draft IS 21
14-Mar-25 4-Apr-25
Staff Administrative Review
4-Apr-25 7-Apr-25
Screencheck Draft IS
7-Apr-25 10-Apr-25
Task 5- Prepare CEQA Document
Prepare Mitigated Negative Declaration 3 7-Apr-25
10-Apr-25
Staff Administrative Review 2
10-Apr-25 12-Apr-25
Screencheck Draft 1
12-Apr-25 13-Apr-25
Public Circulation 30
13-Apr-25 13-May-25
Task 5 - Public Hearings
Planning Commission 1 TBD
TBD
City Council 1 TBD TBD
10 DE NOVO PLANNING GROUP
EXHIBIT C