Agenda packet — Economic Development Committee, April 3, 2023 (part 1 of 4)

- 1 -
4/3/2023 4:00:00 PM
www.modestogov.com
AGENDA
City of Modesto

ECONOMIC DEVELOPMENT COMMITTEE / COUNCIL

WORKSHOP
Room 2001-40 Del Puerto Room
Tenth Street Place, 1010 10th Street
Modesto, California
Monday, April 03, 2023 at 4:00 PM
Roll Call: Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
Alternates: David Wright, Nick Bavaro, Rosa Escutia-Braaton, Jeremiah Williams “Wordly” can translate into 25+ different languages! To access written translation during the meeting, please scan the QR Code or click this link https://attend.wordly.ai/join/RJDY-6364.
"Wordly" puede traducir a más de 25 idiomas diferentes! Para acceder a la traducción durante la reunión, por favor escanee el código QR o haga clic en el enlace https://attend.wordly.ai/join/RJDY-6364.

THIS MEETING WILL BE PHYSICALLY OPEN TO THE PUBLIC AND BY ZOOM

VIDEO CONFERENCING AND TELEPHONE
Effective March 1, 2023, if a technical issue arises with Zoom or the phone dial-in option, the Committee meeting will continue unless the meeting is being held pursuant to the provisions of Assembly Bill 2449. Alternative viewing options are listed below and the meeting is physically open to the public.

You may observe a livestream of the meeting at http://media.modestogov.com. You may also participate in the meeting as indicated below.
- 1 -
4/3/2023
- 2 -
4/3/2023 4:00:00 PM

PARTICIPATING IN CITY COUNCIL COMMITTEE MEETINGS
As a courtesy, the City of Modesto is providing alternatives to view Council Committee meetings and provide public comments. If you wish to make either a general public comment or to comment on a specific agenda item, you may use one of the following options:

SUBMITTING COMMENTS BY E-MAIL
Written comments may be submitted via email to: [email protected] (include Agenda Item Number in the subject line). All comments will be shared with the Committee Members and placed in the record, but will not be read aloud during the meeting. Written comments must be received two hours before the meeting.

VIRTUAL PARTICIPATION BY ZOOM VIDEO

CONFERENCING AND TELEPHONE
Joining the Committee meeting via Zoom
The City of Modesto is now offering the ability to view and participate in Committee meetings via telephonic conferencing via “Zoom” video conferencing computer technology. The meeting may be accessed through the use of Zoom using the following options:
 Enter the following link into an Internet Browser
https://us02web.zoom.us/j/86945970570,
 Enter the following link into an Internet Browser https://zoom.us/ and using the Webinar ID 869 4597 0570
 Passcode 84326
To use Zoom, please visit: https://zoom.us/ and either sign-up for a free Zoom account or continue as a guest. Once you have downloaded the app onto your mobile device, joined from your web browser, or downloaded the Zoom software on your computer you will be ready for the upcoming Committee meeting.

Joining the Committee meeting via Telephone
If you don’t have a smart phone or computer to access the meeting via Zoom, you can participate by phone, by calling 1-877-853-5257 (Toll Free) or 1-888-475-4499 (Toll Free) and enter the Webinar ID 869 4597 0570 Passcode 84326
Providing Public Comment on Zoom and by Telephone
The Committee Chairman will request public comment during the Public Comment periods on the meeting agendas and during each Regular Calendar Item on the Committee Agenda. Once the Chairman has announced the public comment period, please do one of the following.

USING A COMPUTER OR SMART PHONE APP:
 Click on the “Raise Hand” feature in the webinar controls. This will notify City staff that you have raised your hand.
- 2 -
4/3/2023
- 3 -
4/3/2023 4:00:00 PM
 City staff will unmute your microphone when it is your turn to provide public comment.
 A prompt will appear to confirm you would like to be unmuted and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.

USING A REGULAR PHONE (not using a computer or smart phone APP):
 Dial *9 (star 9), this will notify City staff that you have “raised your hand” for public comment.
 City staff will unmute your microphone when it is your turn to provide public comment.
 You will hear “you are unmuted” and then you will have three minutes to provide public comment.
 Once your public comment has ended, you will be muted again.  If your phone is unmuted, and you are unable to be heard, the host may ask that you Dial *6 to toggle mute on/off in Zoom.

Additional Zoom resources/support
Please visit Zoom’s website support page on helpful tips to prepare for the meeting:
https://support.zoom.us/hc/en-us/categories/201146643
Council has not delegated directive or final approval authority to the Committees. Committee actions are recommendations to the full City Council, not final decisions on an issue. This meeting is also noticed as a City Council workshop.

PUBLIC COMMENTS
Please refer to special public comment instructions above.

Three-minute time limit per speaker
Only interested persons in the audience may present these matters. Under State law, Committee Members may respond to matters being presented under this item only as follows:
a. Briefly respond to statements made or questions raised. b. Ask a question for clarification.
c. Provide a reference to staff or other resources for factual information. d. Request staff to report back at a subsequent meeting. e. Finally, a Committee Member or the Committee itself may take action to direct staff to place a matter of business on a future agenda.

CONSENT ITEMS – ROLL CALL VOTE REQUIRED:

Information concerning the consent items listed below has been forwarded to each Committee Member prior to this meeting for study. Unless some member of the audience or Committee Member has a question concerning an item and asks that it be withdrawn from the consent list, the Committee approves the items at one time. The action taken by the Committee in approving consent items is set forth in the explanation of this individual item. - 3 -
4/3/2023
- 4 -
4/3/2023 4:00:00 PM
Any and all of the following agenda items are subject to action by the Modesto City Council.

This Agenda is on file in the City Clerk’s Office, Sixth Floor, 10th Street Place, Posting Board at entry of 10th Street Place, and is available on the City’s Web site at www.modestogov.com.

In accordance with the requirements of Title II of the Americans with Disabilities Act (“ADA”) of 1990, the Fair Employment & Housing Act (“FEHA”), the Rehabilitation Act of 1973 (as amended), Government Code section 11135 and other applicable codes, the City of Modesto (“City”) will not discriminate against individuals on the basis of disability in the City’s services, programs, or activities. For more information, please visit the City of Modesto website at https://www.modestogov.com/865/Americans-with-Disabilities-Act-ADA In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the City Clerk (209) 577-5396. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.

CONSENT
An item may be removed from consent and discussed at the request of an audience member or committee member.

Consent

1. Consider approving the Consultant Services Agreement with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a total amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000 and forwarding to Council for approval. (Funding Source: Developer Fees)
 Motion approving the Consultant Services Agreement, with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a period of three years, with two additional one-year renewal options, for an amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000 and forwarding to Council for approval.

CED; Peter Ibrahim, 209-577-5211, [email protected] Consent

2. Consider authorizing the City Manager, or authorized designee, to approve Agreements with various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other public agencies as necessary to facilitate the construction of the new 7th Street bridge over the Tuolumne River. (Funding Source:

Capital Facilities Fees)
 Motion approving authorizing the City Manager, or his designee to approve Agreements with various Public Utility Companies, including Union Pacific Railroad, State Lands Commission, and other public agencies as necessary to - 4 -
4/3/2023
- 5 -
4/3/2023 4:00:00 PM
facilitate the construction of the new 7th Street bridge over the Tuolumne River and forwarding to Council for approval.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

3. Consider recommending adoption of the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion recommending adoption of the Bylaws for the Measure L Citizens’ Transportation Sales Tax Commission and forwarding to Council for approval.

CED; Toby Wells, 209-571-5542, [email protected]
Consent

4. Consider accepting the Install Video Detection Cameras Project as complete and forwarding to Council for approval. (Funding Source: Congestion Mitigation and Air Quality)
 Motion accepting the Install Video Detection Cameras Project as complete and forwarding to Council for approval.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent

5. Consider accepting Grant Funds for a Safe Streets and Roads for All Grant to create an Action Plan to Analyze Roadway Accidents and forwarding to Council for approval. (Funding Source: Safe Streets for All Grant and Local Measure L)  Motion approving acceptance of the SS4A $1,000,000 Grant and using Measure L or Surface Transportation funds as the City’s 20%, $200,000 match portion of the grant funds received for a project total of $1,200,000, and authorizing the City Manager, or his designee, to execute all related grant documents, and forwarding to Council for approval.

PUBLIC WORKS; Mark Murphy, 209-577-5431, [email protected] Consent

6. Consider approving a Sole Source Purchase Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for a Dual MinX Regenerable Ion Exchange Treatment System for a total amount not to exceed $1,509,407, and forwarding to Council for approval. (Funding Source: Water Fund)
 Motion approving a Sole Source Purchase Agreement with Envirogen Technologies, Inc., Rancho Cucamonga, CA, for a Dual MinX Regenerable Ion Exchange Treatment System for a total amount not to exceed $1,509,407, amending the Fiscal Year 2022/23 Capital Improvement Program Budget in the amount of $1,509,407, and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-571-5869, [email protected] - 5 -
4/3/2023
- 6 -
4/3/2023 4:00:00 PM
Consent

7. Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,837,587 over five years. (Funding Source: Water Fund)
 Motion approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA for a twoyear Agreement with three one-year extension options, for an annual estimated amount of $322,625 with an estimated 6% CPI increase applied for years three through five and for the Fifth Unregulated Contaminant Monitoring Rule (UCMR5) one-time project amount of $103,600 for a total amount not to exceed $1,837,587 over five years, and forwarding to Council for approval.

UTILITIES; Jeff Daniels, 209-342-4585, [email protected] Consent

8. Consider approving an Agreement with Labworks, LLC, Lehi, Utah, for the Annual Maintenance and Support of Labworks LIMS Software, for a total amount not to exceed $96,864 over five years. (Funding Source: Sewer Operation Fund)  Motion approving the Sole Source Agreement with Labworks LLC, Lehi, Utah for the Annual Maintenance and Support of Labworks LIMS Software, for a five-year Agreement with an estimated annual amount of $18,048, to include an annual increase of 4%, for a total amount not to exceed $96,864; and forwarding to Council for approval.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent

9. Consider approving an Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a total amount not to exceed $1,677,304 over five years. (Funding Source: Sewer Operation Fund and Storm Drain Fund)  Motion approving the Award of Bid and Agreement for Analytical Laboratory Testing Services to Alpha Analytical Laboratories, Livermore, CA, for a twoyear Agreement with three one-year extension options, for an annual estimated amount $310,950 with a 6.3% CPI included in years three through five, and a total amount not to exceed $1,677,304 over five years and forwarding to Council for approval.

UTILITIES; Jason Farnsworth, 209-577-6255, [email protected] Consent

10. Consider approving an Engineering Services Agreement with West Yost, of Davis, CA, for the CV-SALTS Nitrate Control Program - Pathway A Compliance Analysis, in an amount not to exceed $243,524. (Funding Source: Wastewater and Compost Funds)  Motion approving an Agreement with West Yost, of Davis, CA, for the CVSALTS Nitrate Control Program – Pathway A Compliance Analysis in the amount of $221,385 for the identified scope of services, plus $22,139 in additional services (if needed), for a total amount not to exceed $243,524 and authorizing the City Manager, or his designee to execute the Agreement and forwarding to Council for approval.
- 6 -
4/3/2023
- 7 -
4/3/2023 4:00:00 PM
 Motion amending the Fiscal Year 2022-23 Multi-Year Program Budget in the amount of $280,024 to be transferred into the Project from Wastewater Reserves to fund the CV-SALTS Nitrate Control Program - Pathway A Compliance Analysis Project and authorizing the City Manager, or his Designee, to implement the provisions of this resolution and forwarding to Council for approval.

UTILITIES; Juan Ochoa, 209-577-5423, [email protected] Consent

11. Consider approving three On-Call Agreements for Materials Testing and Special Inspection Services, with Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc., for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years. (Funding Source: Various Capital Improvement Program Projects)
 Motion approving three On-Call Agreements for Materials Testing and Special Inspection Services, with Krazan & Associates, Inc., BSK Associates, and Terracon Consultants, Inc., for a one-year Agreement with two one-year extension options, for an annual amount not to exceed $74,500 per consultant, and a total amount not to exceed $223,500 per consultant over three years.

UTILITIES; Pete Kambel, 209-577-5444, [email protected]

NEW BUSINESS

12. Consider accepting the General Plan Vision Statement and forwarding to Council for approval. (Funding Source: Not Applicable)
 Motion accepting the City of Modesto General Plan Vision Statement and forwarding to Council for approval.

CED; Edgar Garcia, 209-571-5101, [email protected]

13. Consider approving a Design Services Agreement with AECOM of Sacramento CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011, and forwarding to Council for approval. (Funding Source: Regional Surface Transportation Funds (RSTP) and Regional Measure L funds)
 Motion approving a Design Services Agreement with AECOM of Sacramento, CA for the Briggsmore Avenue at State Route 99 Interchange Improvement Project in the amount of $6,380,010, plus $638,001 for additional services, if needed, for a total amount not to exceed $7,018,011, and forwarding to Council for approval.

CED; Toby Wells, 209-571-5542, [email protected]
- 7 -
4/3/2023
- 8 -
4/3/2023 4:00:00 PM

ADJOURNMENT
Posted pursuant to Government Code Section 54954.2 on the bulletin board at Tenth Street Place on at by
date time signature
- 8 -
4/3/2023

CITY OF MODESTO

ECONOMIC DEVELOPMENT

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 3, 2023
Date: March 15, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: Consultant Services Agreement for Municipal Planning Services CONTACT: Peter Ibrahim, Infrastructure Financing Program Supervisor [email protected], 209-577-5211
DESCRIPTION:

Consider approving the Consultant Services Agreement with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning Services, for a total amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000 and forwarding to Council for approval. (Funding Source: Developer Fees) STRATEGIC PLAN ELEMENT:

The recommended action supports the City Council’s 2020-2025 Strategic Plan, Goal D:

Provide Safe, Efficient, and Reliable Infrastructure through proactive community investment, maintenance and sustainability efforts.

BACKGROUND:

Since 2022, the Planning Division experienced significant staff turnover, and is having to deal with ongoing vacancies for critical planning positions. To prevent interruptions in development services provided to the public, and to ensure the continuity of uninterrupted planning support and augmentation efforts, as well as Municipal Code updates, Specific Plans, Corridor Studies, a Comprehensive Development Impact Fees Study, and several other community plans, the City determined municipal planning consulting services are needed.

In Fiscal Year 2008-09, the Planning Division was comprised of 19 staff members, including a Planning Division Manager, two Principal Planners, four Senior Planners, four Assistant/Associate Planners, two Planning Assistants, and six administrative support staff. In contrast, the Planning Division is now comprised of one Principal Planner, two Senior Planners, two Assistant/Associate Planners, and two administrative support staff. There are currently twelve vacancies, including a Planning Division Manager, one Principal Planner, two senior #1..
- 9 -
Economic Development Committee, April 3, 2023
Consultant Services Agreement for Municipal Planning Services

Page 2 of 3 ends

Planners, two Assistant/Associate Planners, two Planning Assistants, and five administrative support staff.

DISCUSSION:

The Planning Division continues to be impacted by unanticipated staffing shortages despite ongoing recruitment for several positions. To continue providing uninterrupted planning services, the Community and Economic Development Department has determined the need to contract with private firms to assist with municipal planning services.

Through an informal Request for Qualifications (RFQ) process, staff received six Request for Qualifications (RFQs) for consideration.

Five staff members from the Community and Economic Development Department rated each of the RFQs based on the firm’s specific experience, qualifications, references, familiarity with the services and pricing. The following firms were selected as the three most qualified:
 Precision Civil Engineering, Inc. Fresno, CA
 Harris & Associates, Inc. Concord, CA
 Environmental Science Associates (ESA) San Francisco, CA This On-Call Consultant List will be active for three years from the date of Council approval, at which time the City may extend the list for two additional one-year extensions with the written approval of the City Manager.

The City reserves the right to request proposals, negotiate a scope of work and contract with the most qualified consultants. The On-Call Consultant List for Municipal Planning Services eliminates the need to send out repetitive Request for Proposals (RFP) for projects or services of similar size as well as reducing man-hours and project costs. All City departments can utilize the most qualified consultant(s) from the consultant list for future projects of a similar nature.

In accordance with Modesto Municipal Code 8-3.204(a), “Exceptions to Formal Bidding Requirements,” agreements for professional services are exempt from the bidding requirements of Modesto Municipal Code 8-3.203. The approval for municipal planning services to Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) conforms to Modesto Municipal Code 8-3.204, subsection (a) as they are providing professional services for on-call consultant support services, including the review of development applications.

FISCAL IMPACT:

The cost for municipal planning services will be based upon time required for each specific project and scope of work. The consultant will be paid by the City based on their contract hourly rate. The three separate agreements for municipal planning services will be limited to $300,000, disbursed evenly between the three consultants, with a total not to exceed amount of $900,000.

There is no impact to the General Fund, as these agreements will be funded via developer fees.

RECOMMENDED COMMITTEE ACTION:

Staff Recommendations:

Motion approving the Consultant Services Agreement, with Precision Civil Engineering, Inc., Harris & Associates, Inc., and Environmental Science Associates (ESA) for Municipal Planning #1..
- 10 -
Economic Development Committee, April 3, 2023
Consultant Services Agreement for Municipal Planning Services

Page 3 of 3 ends

Services, for a period of three years, with two additional one-year renewal options, for an amount not to exceed $300,000 per consultant for an overall total not to exceed $900,000 and forwarding to Council for approval.

Approved by:

Jessica Hill, Interim Director of Community
and Economic Development
Joseph P. Lopez, City Manager
Attachments:

1. Agreement with Precision Civil Engineering, Inc.

2. Agreement with Harris & Associates, Inc.

3. Agreement with Environmental Services Associates (ESA)

4. Exhibit A (Precision Civil Engineering, Inc.)

5. Exhibit A (Harris & Associates, Inc.)

6. Exhibit A (Environmental Services Associates (ESA))
#1..
- 11 -
Precision Civil Engineering A-1 City of Modesto
On-Call Agreement for Municipal Planning Services

ON-CALL AGREEMENT

FOR MUNICIPAL PLANNING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this _______, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and PRECISION CIVIL ENGINEERING, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that On-Call Municipal Planning Services should be performed for the City.

B. Consultant represents that it is qualified, willing and able to provide the requested services.

C. This Agreement is for City requested on-call services only; City will assign projects to the Consultant the City feels is best suited for the project. No promise of work is guaranteed or assumed by the making of this Agreement.

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City. #1..
- 12 -
Precision Civil Engineering A-2 City of Modesto
On-Call Agreement for Municipal Planning Services

2. TERM OF AGREEMENT
a. The City and Consultant hereto agree and enter into this Agreement for a term of three (3) years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of thee (3) years on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

3. COMPENSATION.

Consultant agrees to accept payment based on Exhibit “A” on a time and materials basis as full remuneration for performing all services and furnishing all staffing and materials called for in Exhibit "A" and for performance by Consultant of all of its duties and obligations under this Agreement.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A”, not to exceed $300,000; #1..
- 13 -
Precision Civil Engineering A-3 City of Modesto
On-Call Agreement for Municipal Planning Services
Unless otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.

Consultant shall submit monthly invoices to City which include a detailed running balance, description of completed tasks, hours worked, and billable rates for all work completed, and detailed receipts for any out-of-pocket costs paid by Consultant in connection with work performed on a Project.

4. OBLIGATIONS OF CONSULTANT.

Throughout the term of this Agreement, Consultant shall possess, or secure all licenses, permits, qualifications and approvals legally required to conduct business. Consultant warrants that it has all of the necessary professional capabilities and experience, as well as all tools, instrumentalities, facilities and other resources necessary to provide the City with the services contemplated by this Agreement. Consultant further warrants that it will follow the best current, generally accepted and professional practices to make findings, render opinions, prepare factual presentations, and provide professional advice and recommendations regarding this project.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Bonique Emerson, VP of Planning, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

Consultant therefore agrees that ____ percent (__%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, #1..
- 14 -
Precision Civil Engineering A-4 City of Modesto
On-Call Agreement for Municipal Planning Services
and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.

Title to Data
If, as a part of this Agreement, Consultant is required to produce data such as, but not limited to, drawings, plans, specifications, calculations, models, flow diagrams, visual aids and other related materials, the originals of all such data generated under this Agreement will be delivered to City upon the completion or termination of services under this Agreement.

All materials, documents, data or information obtained from the City data files or any City medium furnished to Consultant in the performance of this Agreement will at all times remain the property of the City. Such data or information may not be used or copied for direct or indirect use by Consultant after termination of this Agreement without written consent of the City.

7. NEWS AND INFORMATION RELEASE.

Consultant agrees that it will not issue any news releases in connection with either the award of this Agreement, or any subsequent amendment of or efforts under this Agreement, without first obtaining review and approval of said news releases from City through the City Manager.

8. FINANCIAL INTEREST OF CONSULTANT.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. #1..
- 15 -
Precision Civil Engineering A-5 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

Both parties to this Agreement understand that it may become desirable or necessary during the execution of this Agreement, for City or Consultant to modify the scope of services provided for under this Agreement. Any material extension or change in the scope of work shall be discussed with City and the change and cost shall be memorialized in a written amendment to the original agreement prior to the performance of the additional work.

Until a change order is so executed, City will not be responsible to pay any charges Consultant may incur in performing such additional services, and Consultant shall not be required to perform any such additional services.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
#1..
- 16 -
Precision Civil Engineering A-6 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

If in the performance of this Agreement any third persons are employed by Consultant, such persons shall be entirely and exclusively under the direction, supervision, and control of Consultant. All terms of employment including hours, wages, working conditions, discipline, hiring, and discharging or any other term of employment or requirement of law shall be determined by the Consultant.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. #1..
- 17 -
Precision Civil Engineering A-7 City of Modesto
On-Call Agreement for Municipal Planning Services

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

Unless otherwise expressly provided in this Agreement, Consultant shall be solely responsible for obtaining the right to use any patented or copyrighted materials in the performance of this Agreement. Consultant shall furnish a warranty of such right to use to City at the request of City.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Precision Civil Engineering
Address: 1234 O St.

Fresno, CA 93721
Attention: Bonique Emerson, VP of Planning
Phone: (559) 449-4500
E-mail: [email protected]
#1..
- 18 -
Precision Civil Engineering A-8 City of Modesto
On-Call Agreement for Municipal Planning Services
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Peter Ibrahim, Infrastructure Financing Program Supervisor
Phone: (209) 577-5211
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

The Consultant shall provide at its own expense and maintain at all times the following insurance with insurance companies licensed in the State of California and shall provide evidence of such insurance to the City as may be required by the Risk Manager of the City. The policies or certificates thereof shall provide that, thirty (30) days prior to cancellation or material change in the policy, notices of same shall be given to the Risk Manager of the City by PINS Insurance Program, for all of the following stated insurance policies.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, #1..
- 20 -
Precision Civil Engineering A-10 City of Modesto
On-Call Agreement for Municipal Planning Services
officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. #1..
- 21 -
Precision Civil Engineering A-11 City of Modesto
On-Call Agreement for Municipal Planning Services
For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Termination by City for Convenience
The City may also terminate the Consultant's performance under this Agreement, either in whole or in part, at its own discretion, or when conditions encountered during the Work make it impossible or impracticable to proceed, or when the City is prevented from proceeding with the Agreement by act of God, by law, or by official action of a public authority, or upon a determination by the City that such termination is in the best interest and convenience of the City, or whenever the City is prohibited from completing the Work for any reason. The City shall provide no less than ten (10) calendar days written notice of its intent to terminate the Agreement for convenience, and shall endeavor to provide the Consultant with consultation with the City prior to termination.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or #1..
- 22 -
Precision Civil Engineering A-12 City of Modesto
On-Call Agreement for Municipal Planning Services
pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
#1..
- 23 -
Precision Civil Engineering A-13 City of Modesto
On-Call Agreement for Municipal Planning Services
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 #1..
- 24 -
Precision Civil Engineering A-14 City of Modesto
On-Call Agreement for Municipal Planning Services
of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association #1..
- 25 -
Precision Civil Engineering A-15 City of Modesto
On-Call Agreement for Municipal Planning Services
shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

The “fast track’ rules of the American Arbitration Association shall apply to any claim or counterclaim less than ONE HUNDRED FIFTY THOUSAND AND 00/100 ($150,000.00) DOLLARS. In arbitration not proceeding under the “fast track” rules, the arbitrator shall have the power to order that depositions be taken and other discovery be made. Both City and Consultant shall have the right, upon written notice, to take no more than three (3) depositions of the other as a matter of right in an arbitration proceeding under the “fast track” rules.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound #1..
- 26 -
Precision Civil Engineering A-16 City of Modesto
On-Call Agreement for Municipal Planning Services
by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

Consultant shall include in all subcontracts a specification whereby the subcontractor consents to being joined in an arbitration between City and Consultant involving the work of the subcontractor to be joined. Consultant’s failure to do so shall be a breach of this Agreement.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law. #1..
- 27 -
Precision Civil Engineering A-17 City of Modesto
On-Call Agreement for Municipal Planning Services

19. ENTIRE AGREEMENT.

This Agreement and its exhibits contain the entire understanding between Consultant and City. Additional or new terms contained in this Agreement which vary from Consultant's proposal are controlling and are deemed accepted by Consultant by shipment of any article or other commencement of performance hereunder. All previous proposals, offers and communications relative to this Agreement, whether oral or written, are hereby superseded except to the extent that they have been incorporated into this Agreement. No future waiver of or exception to any of the terms, conditions, and provisions of this Agreement shall be considered valid unless specifically agreed to in writing by all the parties.

20. PARTIAL INVALIDITY.

If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way.

21. WAIVER.

The waiver by any party to this Agreement of a breach of any provision hereof shall be in writing and shall not operate or be construed as a waiver of any other or subsequent breach hereof unless specifically stated in writing.

22. AUDIT.

The City's duly authorized representative shall have access at all reasonable times to all reports, contract records, contract documents, contract files, and personnel necessary to audit and verify Consultant's charges to City under this Agreement.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for #1..
- 28 -
Precision Civil Engineering A-18 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California .

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #1..
- 29 -
Precision Civil Engineering A-19 City of Modesto
On-Call Agreement for Municipal Planning Services
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the day of , 2023, and Consultant has caused this Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
12/9/2022 Reviewed by PH
5249084.1
#1..
- 30 -
Precision Civil Engineering A-1 City of Modesto
On-Call Agreement for Municipal Planning Services

ON-CALL AGREEMENT

FOR MUNICIPAL PLANNING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and HARRIS & ASSOCIATES INC., a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that On-Call Municipal Planning Services should be performed for the City.

B. Consultant represents that it is qualified, willing and able to provide the requested services.

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City. #1..
- 31 -
Precision Civil Engineering A-2 City of Modesto
On-Call Agreement for Municipal Planning Services

2. TERM OF AGREEMENT
a. The City and Consultant hereto agree and enter into this Agreement for a term of three (3) years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of three (3) years on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

3. COMPENSATION.

The Compensation shall be paid pursuant in the manner and at the times set forth below:

City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A” not to exceed $300,000; Unless #1..
- 32 -
Precision Civil Engineering A-3 City of Modesto
On-Call Agreement for Municipal Planning Services
otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.

4. OBLIGATIONS OF CONSULTANT.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Cecilia Kim, Project Manager, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant.

Consultant therefore agrees that ____ percent (__%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the above-named person.

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, #1..
- 33 -
Precision Civil Engineering A-4 City of Modesto
On-Call Agreement for Municipal Planning Services
and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.

7. NEWS AND INFORMATION RELEASE.

8. FINANCIAL INTEREST OF CONSULTANT.

Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest. #1..
- 34 -
Precision Civil Engineering A-5 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

Consultant, its agents, officers and employees are and, at all times during the terms of this Agreement, shall represent and conduct themselves as independent contractors and not as employees of City.
#1..
- 35 -
Precision Civil Engineering A-6 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

As an independent contractor, Consultant hereby indemnifies and holds City harmless from any and all claims that may be made against City based upon any contention by any third party that an employer-employee relationship exists by reason of this Agreement. #1..
- 36 -
Precision Civil Engineering A-7 City of Modesto
On-Call Agreement for Municipal Planning Services

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

FOR CONSULTANT: Name: Harris & Associates
Address: 1401 Willow Pass Rd #500
Concord, CA 94520
Attention: Cecilia Kim, Project Manager
Phone: (925) 375-6741
E-mail: [email protected]
#1..
- 37 -
Precision Civil Engineering A-8 City of Modesto
On-Call Agreement for Municipal Planning Services
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Peter Ibrahim, Infrastructure Financing Program Supervisor
Phone: (209) 577-5211
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, #1..
- 39 -
Precision Civil Engineering A-10 City of Modesto
On-Call Agreement for Municipal Planning Services
officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

15. TERMINATION OF AGREEMENT.

Termination by City for Default of Consultant
Should Consultant default in the performance of this Agreement or materially breach any of its provisions, at its option, City may terminate this Agreement by giving written notification to Consultant. The termination date shall be the effective date of the notice. #1..
- 40 -
Precision Civil Engineering A-11 City of Modesto
On-Call Agreement for Municipal Planning Services
For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Post-Termination Procedure
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or #1..
- 41 -
Precision Civil Engineering A-12 City of Modesto
On-Call Agreement for Municipal Planning Services
pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.
#1..
- 42 -
Precision Civil Engineering A-13 City of Modesto
On-Call Agreement for Municipal Planning Services
City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 #1..
- 43 -
Precision Civil Engineering A-14 City of Modesto
On-Call Agreement for Municipal Planning Services
of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association #1..
- 44 -
Precision Civil Engineering A-15 City of Modesto
On-Call Agreement for Municipal Planning Services
shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound #1..
- 45 -
Precision Civil Engineering A-16 City of Modesto
On-Call Agreement for Municipal Planning Services
by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The parties hereby waive any rights provided by Title 9.2 of the California Code of Civil Procedure, Section 1296. The arbitrator’s award shall be deemed final, conclusive and binding to the fullest extent allowed by California law. #1..
- 46 -
Precision Civil Engineering A-17 City of Modesto
On-Call Agreement for Municipal Planning Services

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for #1..
- 47 -
Precision Civil Engineering A-18 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California .

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.

Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #1..
- 48 -
Precision Civil Engineering A-19 City of Modesto
On-Call Agreement for Municipal Planning Services
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the day of , 2023, and Consultant has caused this Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
12/9/2022 Reviewed by PH
5249084.1
#1..
- 49 -
Environmental Science Associates A-1 City of Modesto
On-Call Agreement for Municipal Planning Services

ON-CALL AGREEMENT

FOR MUNICIPAL PLANNING SERVICES
THIS AGREEMENT, made and entered into in the City of Modesto, State of California, this ________, (“Effective Date”) by and between the CITY OF MODESTO, a municipal corporation of the State of California, hereinafter referred to as "City", and ENVIRONMENTAL SCIENCE ASSOCIATES, a California corporation, hereinafter referred to as "Consultant".

This Agreement is made with regard to the following recitals:

A. City has determined that Municipal Planning Services should be performed for the City.

B. Consultant represents that it is qualified, willing and able to provide the requested services.

NOW, THEREFORE, in consideration of this Agreement, and the mutual promises, covenants, and stipulations hereinafter contained, the parties agree as follows:

1. SCOPE OF SERVICES.

Services to be provided by Consultant under this Agreement shall generally fall under, but are not limited to, one or more of the categories as set forth and described in the documents attached hereto and referred to as Exhibit “A” and made a part hereof. The Consultant shall perform the services as described in Exhibit “A” in a manner compatible with the standards of its profession, and shall produce a fully complete project that is acceptable to City. #1..
- 50 -
Environmental Science Associates A-2 City of Modesto
On-Call Agreement for Municipal Planning Services

2. TERM OF AGREEMENT
a. The City and Consultant hereto agree and enter into this Agreement for a term of three (3) years commencing on the Effective Date. b. In the event Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend the term of this Agreement for a period of three (3) years on the same terms and conditions, except as otherwise set forth herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the initial three (3) year term set forth in Paragraph 2(a).
c. Following the one (1) year term extension set forth in Paragraph 2(b), and if the Consultant is not in default of any material covenants required by it to be performed under this Agreement, the City shall have the right and option to extend this Agreement for a second period of one (1) year on the same terms and conditions, except as otherwise provided herein. City shall notify Consultant in writing of the exercise of said right not later than thirty (30) days prior to the expiration of the one (1) year term extension set forth in Paragraph 2(b).

3. COMPENSATION.

The Compensation shall be paid pursuant in the manner and at the times set forth below:
#1..
- 51 -
Environmental Science Associates A-3 City of Modesto
On-Call Agreement for Municipal Planning Services
City shall pay Consultant for work performed as outlined in Exhibit “A” and based upon the schedule of hourly rates set forth in Exhibit “A” not to exceed $300,000; Unless otherwise approved by City, the hourly rates shown in Exhibit “A” shall remain in effect for the entire term of this Agreement, including all extensions.

4. OBLIGATIONS OF CONSULTANT.

5. PERFORMANCE BY KEY EMPLOYEE.

Consultant has represented to City that Beverly Choi, Community Planning Program Manager, will be the person primarily responsible for the performance of the services referred to in this Agreement. City has entered into this Agreement in reliance on that representation by Consultant. Consultant therefore agrees that ____ percent (__%) or more of the time to be devoted to the project that is the subject of this Agreement will be that of the abovenamed person. #1..
- 52 -
Environmental Science Associates A-4 City of Modesto
On-Call Agreement for Municipal Planning Services

6. OWNERSHIP OF DOCUMENTS/TITLE TO DATA.

Ownership of Documents
All reports, drawings, designs, graphics, working papers and other incidental work or materials furnished hereunder shall become and remain the property of the City, and may be used by City as it may require without any additional cost to City. No reports shall be used by the Consultant for purposes other than this Agreement without the express prior written consent of City.

7. NEWS AND INFORMATION RELEASE.

8. FINANCIAL INTEREST OF CONSULTANT.
#1..
- 53 -
Environmental Science Associates A-5 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant warrants that it presently has no interest and shall not acquire any interest, direct or indirect, which would conflict in any manner or degree with the performance of services required to be performed under this Agreement. Consultant warrants that, in performance of this Agreement, Consultant shall not employ any person having any such interest.

Consultant agrees to file a Statement of Economic Interests with the City Clerk at the start and end of this Agreement if so required at the option of City.

9. AMENDMENTS.

10. INDEPENDENT CONTRACTOR.

All acts of Consultant, its agents, officers, and employees and all others acting on behalf of Consultant relating to the performance of this Agreement, shall be performed as independent contractors and not as agents, officers, or employees of City. Consultant, by virtue of this Agreement, has no authority to bind or incur any obligation on behalf of City. Consultant has no authority or responsibility to exercise any rights or power vested in the City. No agent, officer, or employee of the City is to be considered an employee of Consultant. It is understood #1..
- 54 -
Environmental Science Associates A-6 City of Modesto
On-Call Agreement for Municipal Planning Services
by both Consultant and City that this Agreement shall not under any circumstances be construed or considered to create an employer-employee relationship or a joint venture.

Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement, and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of the Consultant in fulfillment of this Agreement. Consultant has control over the manner and means of performing the services under this Agreement. Consultant is permitted to provide services to others during the same period service is provided to City under this Agreement. If necessary, Consultant has the responsibility for employing other persons or firms to assist Consultant in fulfilling the terms and obligations under this Agreement.

It is understood and agreed that as an independent contractor and not an employee of City neither the Consultant or Consultant's assigned personnel shall have any entitlement as a City employee, right to act on behalf of the City in any capacity whatsoever as an agent, or to bind the City to any obligation whatsoever. #1..
- 55 -
Environmental Science Associates A-7 City of Modesto
On-Call Agreement for Municipal Planning Services
It is further understood and agreed that Consultant must issue W-2 forms or other forms as required by law for income and employment tax purposes for all of Consultant's personnel.

11. ASSIGNMENT.

Neither this Agreement nor any portion thereof shall be subcontracted or assigned without the express prior written consent of the City in each and every instance.

12. PATENT/COPYRIGHT MATERIALS.

13. NOTICES.

Notice required by this Agreement shall be given in writing and shall be deemed given and effective upon receipt provided that such are delivered in accordance with the provisions of this Section. Notices shall be delivered either by: (a) personal delivery (including delivery by an overnight courier service which obtains confirmation of receipt); or (b) by facsimile, provided that such transmission is followed by delivery by an overnight courier service which obtains confirmation of receipt; or (c) postage prepaid, return receipt requested, certified mail; or (d) by electronic transmission subject to reasonable proof that the notice was both transmitted and received. Each such notice shall be sent to the parties at the address respectively set forth below #1..
- 56 -
Environmental Science Associates A-8 City of Modesto
On-Call Agreement for Municipal Planning Services
or to such other address as a party may designate by written notice given in accordance with the provisions of this Section:

FOR CONSULTANT: Name: Environmental Science Associates
Address: 575 Market St Ste 3700
San Francisco, CA 94105
Attention: Beverly Choi, Community Planning Program Manager Phone: (415) 896-5900
E-mail: [email protected]
FOR CITY: Name: City of Modesto
Address: P.O. Box 642
Modesto, CA 95353
Attention: Peter Ibrahim, Infrastructure Financing Program Supervisor
Phone: (209) 577-5211
E-mail: [email protected]

14. INSURANCE REQUIREMENTS.

In the event the certificates of insurance required hereunder do not provide for notice of cancellation to the certificate holder and/or additional insureds, the Consultant shall provide, and shall require its subcontractors to provide, as an express condition precedent to payment hereunder, an endorsement from their insurers providing that the additional insureds identified herein shall be provided thirty (30) days notice of the cancellation on the policies of insurance required hereunder (ten (10) days notice if the policies are cancelled for non-payment of #1..
- 57 -
Environmental Science Associates A-9 City of Modesto
On-Call Agreement for Municipal Planning Services
premium). In addition, the named insured on all such policies shall provide to the additional insureds identified herein any notices of cancellation of said insurance policies within five (5) business days of receipt of such notice. The Consultant shall, as a further express condition precedent to payment for work performed, affirm under penalty of perjury that the required insurance on the project remains in place and said insurance has not been cancelled. (a) General Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit. This insurance shall indicate on the certificate of insurance the following coverages and indicate the policy aggregate limit applying to: premises and operations; broad form contractual; independent consultants and subcontractors; products and completed operations as applicable.
(b) Automobile Liability insurance with a minimum limit of liability per occurrence of $1,000,000 for bodily injury and property damage. This insurance shall cover any automobile for bodily injury and property damage.
(c) Worker's Compensation - in compliance with the statutes of the State of California, plus employer's liability with a minimum limit of liability of $1,000,000. (d) Professional Liability (Errors and Omissions) Insurance appropriate to the Consultant’s profession, with limits not less than $1,000,000 per occurrence or claim, $2,000,000 aggregate. If coverage is on a claims made basis it shall be maintained for at least three (3) years following completion of the work.
#1..
- 58 -
Environmental Science Associates A-10 City of Modesto
On-Call Agreement for Municipal Planning Services
If at any time any of said policies shall be unsatisfactory to the City, as to form or substance, or if a company issuing such policy shall be unsatisfactory to the City, the Consultant shall promptly obtain a new policy, submit the same to the Risk Manager for approval and submit a certificate thereof as hereinabove provided. Upon failure of the Consultant to furnish, deliver or maintain such insurance and certificates as above provided, this Agreement, at the election of the City, may be forthwith declared suspended or terminated. Failure of the Consultant to obtain and/or maintain any required insurance shall not relieve the Consultant from any liability under this Agreement, nor shall the insurance requirements be construed to conflict with or otherwise limit the obligations of the Consultant concerning indemnification. The City, its agents, officers, officials, employees, and volunteers shall be named as an additional insured on all insurance policies required herein, except Workers' Compensation and Professional Liability. The Workers' Compensation insurer shall agree to waive all rights of subrogation against the City, its agents, officers, officials, employees, and volunteers for losses arising from work performed by Consultant for the City. The Consultant's insurance policy(ies) shall include a provision that the coverage is primary as respects the City; shall include no special limitations to coverage provided to additional insured; and, shall be placed with insurer(s) with acceptable Best's rating of A:VII or with approval of the Risk Manager. The Consultant must deliver certificates evidencing existence of the insurance listed above to the City prior to the time this Agreement is signed.

CONSULTANT shall provide CITY with separate endorsements evidencing proof of the CITY’s additional insured status as to both the general liability and automobile liability insurance policies. In addition, CONSULTANT shall provide CITY with a Workers Compensation subrogation waiver by way of a separate endorsement. All endorsements referenced above must include the applicable policy number. #1..
- 59 -
Environmental Science Associates A-11 City of Modesto
On-Call Agreement for Municipal Planning Services
For any claims related to this project, the CONSULTANT’S insurance coverage shall be primary insurance as respects the Entity, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the Entity, its officers, officials, employees, or volunteers shall be excess of the CONSULTANT’S insurance and shall not contribute with it.

15. TERMINATION OF AGREEMENT.

For the purposes of this section, material breach of this Agreement shall include, but not be limited to, any of the following: failure to perform required services or duties, willful destruction of City's property by Consultant, dishonesty or theft.

Post-Termination Procedure
#1..
- 60 -
Environmental Science Associates A-12 City of Modesto
On-Call Agreement for Municipal Planning Services
Upon receipt of a written notice of termination pursuant to either of the foregoing paragraphs, the Consultant shall:
a. Cease its work as directed in the notice of termination as of the termination date and see to it that its employees, subconsultants and agents are notified of such termination and act as specified in the notice of termination;
b. Terminate all orders and Subcontractors except as necessary to complete any portion of the Work that is not terminated; c. If directed in writing by the City to do so, assign all right, title and interest in subcontracts and materials in progress to City, in which case the City will have the right at its discretion to settle, or pay any or all claims arising out of the termination of such subconsultants, but in no event shall recovery by any Consultant or subconsultant include lost profits for portions of the Work not completed or undertaken, including materials not delivered; d. Deliver or otherwise make available to the City all data, drawings, specifications, reports, estimates, summaries and such other information and material as may have been accumulated by the Consultant in performing the Work whether completed or in process; e. Settle outstanding liabilities and claims, subject to the approval of City;
f. Complete performance of such part of the Work as has not been terminated;
#1..
- 61 -
Environmental Science Associates A-13 City of Modesto
On-Call Agreement for Municipal Planning Services
g. Take such other actions as may be necessary, or as may be directed by the City for the protection and preservation of the Work and/or property related to the Work;
h. If City so requests, and at City's cost, Consultant shall provide sufficient oral or written status reports to make City reasonably aware of the status of Consultant's work on the project. i. The Consultant understands and agrees that City may, in City's sole discretion, refuse to pay Consultant for that portion of Consultant's services which were performed by Consultant on the project prior to the termination date and which remain unacceptable and/or not useful to City as of the termination date.

City will pay Consultant an amount based on the percentage of satisfactory work completed in accordance with the notice of termination. The final payment to the Consultant after termination for convenience shall be limited to amounts due and owing under this Agreement at time of termination, including the following:
a. The cost of settling and paying valid claims arising out of the termination of the Work such as subconsultant agreements or contracts for materials;
b. The Agreement price allocable to the portion of the Work properly performed or goods supplied to the work site by the Consultant as of the date of termination, as determined in accordance with the notice of termination, reduced by any sums previously paid to the Consultant.
#1..
- 62 -
Environmental Science Associates A-14 City of Modesto
On-Call Agreement for Municipal Planning Services
Authorization to Terminate Agreement
Termination of this Agreement may be invoked by the City Manager, or his/her designee, subject to the right of the Consultant to appeal the City Manager, or his/her designee’s, decision to the City Council. The Consultant shall appeal by notifying the City Clerk in writing within ten (10) calendar days of receipt of written notification from City of termination of the Agreement. In the event that termination of this Agreement is upheld by the City Council, any cessation of payment of delay claims, extended claims, Eichleay claims, or any other claims for delay shall be retroactive to the date of termination selected by the City Manager, or his/her designee.

16. CERTIFIED PAYROLL REQUIREMENT.

For consultants performing field work on public works contracts on which prevailing wages are required: The Consultant shall comply with the provisions of Section 1776 of the California Labor Code, regarding payroll records, and shall require its subconsultants and subcontractors to comply with that section as may be required by law.

17. INDEMNITY.

The Consultant shall hold the City, its agents, officers, officials, employees, and volunteers, harmless from and save, defend and indemnify them against any and all claims, losses, liabilities, judgments or damages from every cause, including but not limited to injury to person or property or wrongful death, including reasonable costs and expenses of defense of any judicial or administrative action, arising directly or indirectly out of any negligent, reckless or willful misconduct of Consultant, or its agents, officers, employees, or volunteers relating to or during the performance of its obligations under this Agreement. #1..
- 63 -
Environmental Science Associates A-15 City of Modesto
On-Call Agreement for Municipal Planning Services
In no event shall the cost to defend charged to the Consultant exceed the Consultant’s proportionate percentage of fault. However, notwithstanding the foregoing, in the event one or more defendants is unable to pay its share of defense costs due to bankruptcy or dissolution of the business, the Consultant shall meet and confer with other parties regarding unpaid defense costs. Consultant's obligation to defend, indemnify, and hold the City, its agents, officers, and employees harmless under the provisions of this paragraph is not limited to or restricted by any requirement in this Agreement for Consultant to procure and maintain a policy of insurance.

18. DISPUTE RESOLUTION.

All claims, controversies, or disputes arising out of, or relating to the formation of this Agreement, or the breach, termination execution, enforcement, interpretation, or validity of this Agreement, including the determination of the scope or applicability of this Agreement provision shall be determined by binding arbitration in Modesto, California by one arbitrator, except as otherwise specified in this Agreement. The American Arbitration Association shall administer the arbitration under its Arbitration Rules then in effect, subject to the modifications of those rules contained in this paragraph. This agreement to arbitrate shall be specifically enforceable under the prevailing law of any court having jurisdiction, and the award rendered by the arbitrator may be entered in any court having jurisdiction. The appropriate venue for any arbitration or court proceeding relating to or arising out of this provision shall be in Stanislaus County, California.

This paragraph is not intended to and does not waive the claim filing requirements found in California Government Code section 900 et seq. In the event that a timely and legally sufficient, arbitrable claim is filed by Consultant with City, and the claim is rejected in #1..
- 64 -
Environmental Science Associates A-16 City of Modesto
On-Call Agreement for Municipal Planning Services
whole or in part by City, this paragraph shall result in the conclusive, final, and binding resolution of all the issues presented in the claim by Consultant so long as any issues presented by the claim are arbitrable. Claims rejected by City or by operation of law, shall be submitted by Consultant to arbitration pursuant to the Arbitration Rules of the American Arbitration Association within ninety (90) days after mailing of the written rejection by City to Consultant. Otherwise, the claim or claims shall be deemed waived in their entirety.

Whether or not City and Consultant may be engaged in interstate commerce, any controversy or dispute mentioned above shall be determined by, and the parties shall be bound by, the substantive law of the State of California, and not the Federal Arbitration Act at 9 USC Section 1 et seq.

The arbitrator may grant any remedy or relief deemed by the arbitrator just and equitable under the circumstances, whether or not such relief could be awarded in a court of law. The arbitrator shall be empowered to award monetary sanctions against a party for failure of cooperation in the arbitration. The arbitrator shall, in written award, allocate all the costs of the arbitration, including the fees of the arbitrator and the reasonable attorney fees of the prevailing party, against the party who did not prevail. The prevailing party shall be the party in whose favor the majority of the central issues in the case are resolved. #1..
- 65 -
Environmental Science Associates A-17 City of Modesto
On-Call Agreement for Municipal Planning Services
Notwithstanding anything in this provision to the contrary, the arbitrator shall have no power to award punitive damages or other damages not measured by the party’s actual damages (excluding litigation costs and fees) against any party. This limitation of the arbitrator’s powers under this Agreement shall not operate as an exclusion of the issue of punitive damages from this Agreement to Arbitrate sufficient to vest jurisdiction in a court with respect to that issue.

19. ENTIRE AGREEMENT.

20. PARTIAL INVALIDITY.

21. WAIVER.

22. AUDIT.

Consultant agrees to retain reports, records, documents, and files related to charges under this Agreement for a period of four (4) years following the date of final payment for Consultant services. City's representative shall have the right to reproduce any of the aforesaid documents.

23. GOVERNING LAW.

This Agreement shall be governed according to the laws of the State of California .

24. HEADINGS NOT CONTROLLING.

Headings used in the Agreement are for reference purposes only and shall not be considered in construing this Agreement.

25. COMPLIANCE WITH LAWS.
#1..
- 67 -
Environmental Science Associates A-19 City of Modesto
On-Call Agreement for Municipal Planning Services
Consultant shall insure compliance with all safety and hourly requirements for employees, in accordance with federal, state, and county safety and health regulations and laws.

Consultant shall fully comply with all applicable federal, state, and local laws, ordinances, regulations and permits.

26. CITY BUSINESS LICENSE.

Consultant will have a City of Modesto business license. #1..
- 68 -
Environmental Science Associates A-20 City of Modesto
On-Call Agreement for Municipal Planning Services
IN WITNESS WHEREOF, the City of Modesto, a municipal corporation, has authorized the execution of this Agreement in duplicate by its City Manager and attestation by its City Clerk under authority of Resolution No. 2023-________, adopted by the Council of the City of Modesto on the day of , 2023, and Consultant has caused this Agreement to be duly executed in duplicate as of the Effective Date. (Signatures on next page)
12/9/2022 Reviewed by PH
5249084.1
#1..
- 69 -
Environmental Science Associates A-1 City of Modesto
On-Call Agreement for Municipal Planning Services

CITY OF MODESTO,
a Municipal Corporation
By: ____________________________
JOSEPH P. LOPEZ,
City Manager
ATTEST:

By:
______________________________

DIANE NAYARES-PEREZ,
City Clerk
APPROVED AS TO FORM:

By:_______________________________
JOSE M. SANCHEZ, City Attorney
By:______________________________
JOE F. RODRIGUEZ, Risk Manager

ENVIRONMENTAL

SCIENCE ASSOCIATES
a California Corporation
By:
(Signature)
___________________________
(Name, Title)
By:
(Signature)
___________________________
(Name, Title)
(SEAL)
Consultant’s Federal Tax ID #________
* Corporations - signature of two (2) officers required or one (1) officer plus corporate seal
* LLC - signature of two (2) officers required
Partnership - signature of a partner required
Sole Proprietorship - signature of proprietor required
#1..
- 70 -
(559) 449-4500 | [email protected] | 1234 O Street, Fresno, CA J A N U A R Y 1 3 , 2 0 2 3

REQUEST FOR QUALIFICATIONS

CONTRACT MUNICIPAL PLANNING SERVICES

CITY OF MODESTO
S O U R C E : G O O G L E I M A G E S
#1..
71 COVER LETTER 1
FIRM PROFILE 2
SCOPE OF SERVICES 3
MANAGEMENT APPROACH 5
KEY PERSONNEL 6
PROJECT EXPERIENCE 7
BUDGET PROPOSAL 12
APPENDIX. KEY PERSONNEL RESUMES 13

TABLE OF CONTENTS
PRECISION CIVIL ENGINEERING, INC.
i
#1..
72 Dear Jessica Hill:

Precision Civil Engineering, Inc. (PCE) is pleased to submit our statement of qualifications to the City of Modesto in response to the Request for Qualifications (RFQ) for Contract Municipal Planning Services. PCE is interested in being retained as a Contract Planning Consultant to prepare planning studies and reports, update plans, review the municipal code and prepare amendments, conduct outreach, communicate with State staff, and provide any planning related consulting on an as-needed basis for the City.

PCE is a California corporation and a state-certified small business headquartered in Fresno, with additional offices in Merced and Visalia, California. PCE has been serving private and public sector clients for over 20 years. We offer a full range of development consulting services including Environmental and Land Use Planning, Civil Engineering, Land Surveying, Landscape Architecture, and Construction Management. A summary of our firm and our services are detailed later in this document. Our team's collective experience and specializations in housing element implementation, ordinance amendments, public outreach, land development projects and subdivisions, mapping/GIS, and knowledge of applicable laws and requirements within these areas make us the ideal team to serve the City of Modesto. Our team brings:

Recent Similar Project Experience | PCE's Project Team has extensive experience working with public sector clients, including on-call planning services for City of Atwater, City of Clovis, City of Hanford, City of Kerman City of Lemoore, and City of Yreka; as well as housing implementation projects for City of Arvin, City of Clayton, City of Fresno, City of Kerman, City of Merced, City of Oakley, City of Salinas, City of San Clemente, and Fresno Council of Governments.

Management and Coordination | PCE's key to successful project management is responding to client's requests and smooth communication to ensure that projects are prioritized and delivered as needed.

Strong Project Team | PCE's Project Team is composed of individuals who bring experience on similar projects throughout California. PCE's Vice President of Planning and Senior Project Manager, Bonique Emerson, MAUP, AICP will serve as the Project Manager and lead contact for communications. Our assembled team for this project consists of our Planning Division, including Kelsey George, Senior Planner, AICP, Jenna Chilingerian, MCRP, AICP, Senior Associate Planner, and Shin Tu, MUP, AICP Candidate, Associate Planner. Our team has the availability and time to dedicate personnel and resources necessary to provide the current planning services as identified in your RFQ.

On behalf of the PCE team, I would like to thank you for considering our firm to provide these services. We greatly look forward to the opportunity to work together.

JANUARY 13, 2023

CITY OF MODESTO

PLANNING DIVISION
ATTN: JESSICA HILL, ACTING PLANNING MANAGER
P.O. BOX 642
MODESTO, CA 95353
1 1234 O STREET
FRESNO, CA , 93721
P. (559) 449-4500
F. (559) 449-4515
Project Manager (Main Contact):

Bonique Emerson, MAUP, AICP
VP of Planning Division (Project Manager)
[email protected]
(559) 449-4500
Edward D. Dunkel, Jr.

President & CEO, Precision Civil Engineering
#1..
73 Office Locations
1234 O Street, Fresno, CA 93721
2807A G Street, Merced, CA 95340
3000 W. Main Street ,Visalia, CA
93291
Website
www.precisioneng.net
Firm Size
50 Total Staff Members
Civil
Engineering
Land
Surveying
Planning
Construction
Management
Landscape
Architecture
Project
Management
Environmental
Services
Traffic
Engineering
Firm Representative
Edward Dunkel, Jr. CEO & President
p. (559) 449-4500 f. (559) 449-4515
e. [email protected]

ABOUT PCE
Firm Legal Identity
PCE is a California corporation and a
state-certified small business located
in Fresno, CA that has been in
business for 20 years.

Started in 2002, Precision Civil Engineering, Inc. (PCE) is an established, full-service firm with experience providing comprehensive and sustainable solutions for a wide range of complex projects throughout California. Our roots are firmly established by fifth-generation California resident and company CEO & President, Ed Dunkel, Jr. whose family has provided engineering services throughout the state for more than 57 years. Today, our firm employs over 50 full-time staff members with offices in Fresno, Merced, and Visalia. Our divisions include:

Who We Are | PCE is a California corporation
and is organized by divisions which are each
headed by licensed division managers, with
daily operations overseen by the company
president, Mr. Edward Dunkel, Jr. PCE
approaches every project with the philosophy
that we are more than just an engineering firm;
we are your advocate, every step of the way.

From a project’s inception to completion, PCE
remains attentive to our client's needs and
responds immediately to calls for service.

Schedules are developed then monitored
weekly by managers and supervisors.

Preparation of our technical studies are
modeled to minimize cost without
compromising competent solutions or legally
required technical analysis. To ensure quality
control, reports are subjected to a
comprehensive in-house review process.
"WE ARE DEDICATED TO USING CUTTING EDGE,

STATE-OF-THE-ART TECHNOLOGY IN ORDER TO

PROVIDE INNOVATIVE AND AFFORDABLE
SOLUTIONS FOR OUR CLIENTS."

FIRM PROFILE
PRECISION CIVIL ENGINEERING, INC.
2 #1..
74 CURRENT PLANNING SERVICES | PCE staff has experience processing various types of planning entitlement applications from zone clearances to plan amendments and tract maps for large-scale development projects. We have a strong understanding of the planning process including understanding how to implement complex development codes and general plans at the project level.

We will follow the protocols outlined by your governing agency to make sure projects are processed consistently and accurately. However, if there is no established procedure for a project type or process, we have the experience and expertise to be able to write up a procedure. We can see a project through completion, including presenting at Planning Commission and City Council if needed.

Our experience working directly on entitlements and supervising the process puts us a step ahead of most firms. Our services include:

SCOPE OF SERVICES

SPECILIZATIONS AND SERVICES WE PROVIDE
Site Plan Reviews
Tentative Tract Maps and Subdivisions
Variance applications
Staff Reports, Resolutions, and Ordinances
Conditional Use Permits
Ordinances and Resolutions
Plan Amendments
Municipal Service Review (MSR)
ADU programs
Multifamily streamlining and facilitation programs
Text amendments increasing or eliminating density caps
Text Amendments to create streamlined review process
Creation of Object Design Guidelines
Creation of public facing, graphic-rich guide documents Creation of design surveys to solicit input for the public Clearing housing projects through the CEQA process
HOUSING ELEMENT IMPLEMENTATION EXPERIENCE | PCE is equipped to assist the City of Modesto in developing and implementing different housing programs and policies, including affordable housing projects. We have prepared several ADU programs throughout the state to address the housing crisis and encourage the development of secondary dwelling units. PCE is well versed in state legislation pertaining to housing, including SB2, SB9, SB10, and SB330.

Since 2020, PCE has worked with six (6) local agencies to implement ADU and multi-family Programs including the City of Oakley, City of Clayton, City of Kerman, Fresno Council of Governments, City of Arvin, and City of Salinas. Each of these projects have included the preparation of pre-approved plans and visual guides to encourage the development of ADUs. For the Cities of Arvin, Salinas and San Clemente, our work related to Housing Element Implementation has included the rezoning of multiple sites and the preparation of several CEQA documents related to these rezone applications.

PCE is also amending the Municipal Code in the cities of San Clemente and Arvin to streamline the review of multi-family projects. Examples of types of assistance PCE can provide include the following:

Rezone applications
Area Plan and Specific Plans
Annexations and Pre-Zones
ADU Ordinances and Pre-approved Programs
Zoning Text Amendments
Housing Element Implementation
Building Permit Review
3 #1..
75 SCOPE OF SERVICES (CONT.)

SPECILIZATIONS AND SERVICES WE PROVIDE
Initial Study/ Mitigated Negative Declaration Preparation Coordination of the CEQA process
Coordination of the NEPA process
Preparation of required technical studies
Review and Analysis of technical studies
Mitigation Monitoring/Compliance Verification
Consultation on type of analysis required and preliminary environmental review Third-party review of environmental documents prepared by others Tribal Consultation
CEQA/NEPA ENVIRONMENTAL ASSESSMENTS AND TECHNICAL STUDIES | PCE prepares environmental documents for development and public improvement projects in accordance with the California Environmental Quality Act (CEQA) and the National Environmental Protection Act (NEPA).

We have extensive knowledge of the potential legal and technical challenges that could arise in the environmental planning process. Our services and areas of expertise include:
4 Policy/plan implementation training
Workshopping with city leaders, stakeholders, and community members Providing tools and instruction to any interested party to better understand the planning process Establishing easy-to-follow guidebooks as reference documents TRAINING / PCE staff can provide a variety of training for city staff, City Council, and Planning Commission. We have successfully implemented numerous ordinance and text amendments, which required staff training on implementation of said amendments to the members responsible for seeing them through. Additionally, in creating accessory dwelling unit (ADU) programs from scratch in several cities, PCE has prepared workshops for commissioners and councilmembers to ensure all city staff is trained on the new policies and provide the necessary instruction to implement a successful policy. The PCE team regularly presents at conferences and webinars to share best practices and lessons learned from working on different types of projects in cities throughout the state. In addition, our staff regularly attends trainings to remain current on the everchanging policies including housing and environmental issues to better serve the cities requesting services. Our services and areas of expertise include:
#1..
76 MANAGEMENT APPROACH
Host Kick-Off Meeting with the City team.

Establish File Setup, Communications, and Management Systems (e.g. teleconference or web-based meeting applications, Drop Box, One Drive, etc.).

Update Work Program and Schedule as needed.

Establish a re-occurring meeting schedule (e.g. bi-weekly, monthly).

Provide monthly progress/status reports and invoices.

Project Management is a central and critical component of PCE's approach to completing the project on time and within budget. Our approach to projects is grounded in principles of flexibility, transparency, and accountability. We operate from a structured yet flexible framework wherein our team builds a work program that incorporates the needs of the city and stakeholders while subsequently allowing for quick adjustments and adaptability when needed. PCE's Project Manager, Mrs. Emerson will work closely with the City of Modesto's Project Manager. PCE's approach, tools, and procedures for successful project management are outlined as follows. To ensure that projects will continue to move forward in an efficient and timely manner, for each individual project, PCE will:

PROJECT MANAGEMENT TOOLS

PROJECT MANAGEMENT APPROACH
Consistent email subject lines.

Standardized document formats, templates, and style guides.

Agendas and minutes as needed.

Documents, notices, and maps are reviewed to ensure that they are neat in appearance, well organized, and technically and grammatically correct prior to submission.

Public/City comments are reviewed prior to revisions being made and fully addressed.

A Senior Planner level or higher will review all documents before sending to the City for review.

Understanding unique scope. PCE understands that individual projects need to include different approaches, processes, and technical studies. Though PCE has extensive experience in our provided services, we understand the importance to include the city's and specific site conditions to plan for a tailored and feasible work scope to ensure that each project is carried out as needed. PCE will provide the City with an Approach Memo and have lively discussions to ensure that the direction we take is based on clear City input and direction informed by PCE's research and recommendations, depending on the type of project.

Establishing effective communication throughout the project. PCE believes that one of the most critical issues for a project is effective communication with clients. PCE will establish regular working meetings with the City of Modesto for progress updates, detailed responsibility breakdowns, and discussion on possible concerns. PCE will also communicate with State or other entities, such as HCD, to ensure there is a unified understanding among all parties.

Ensure quality and ability to meet deadlines. PCE has established a vigorous and extensive quality control program that is structured to ensure project timelines and budgets are met, as follows:

PROJECT AND MANAGEMENT APPROACH
5 #1..
77 6
Bonique Emerson, MAUP, AICP has over 19 years of experience as a Planner and Project Manager (3 years at PCE), spending the majority of those years with the City of Fresno Current Planning Division. While at the City of Fresno, Mrs. Emerson worked her way from a Planner I to the Current Planning Division Manager. Through these roles, she processed hundreds of entitlement applications, implemented the General Plan and Development Code at the project level, and played a key role in coordination among the public agency, developers, and residents.

Certification: Certified Planner through the American Institute of Certified Planners (AICP)

BONIQUE EMERSON,

MAUP, AICP
VP of Planning Division /
Senior Project Manager
Project Role:

Project Manager/
Planning Manager
Jenna brings more than 9 years of experience in planning, community and economic development, and program management in the nonprofit and public sectors (2.5 years at PCE). At PCE, Jenna provides CEQA services for public and private sector projects, on-call planning services for local agencies, and development and entitlement services for private sector clients. Jenna is an active AEP and APA member, participating in webinars and workshops to remain up to date on current environmental legislation, procedures, and best practices.

Certification: Certified Planner through the American Institute of Certified Planners (AICP)

JENNA CHILINGERIAN,

MCRP, AICP
Senior Associate Planner
Project Role:

Project Coordinator/
Planner
Kelsey George brings over 9 years of experience in city planning, community development, and environmental and sustainable development (1 year at PCE). With nearly 5 years of municipal planning experience in the Central Valley, she has worked on a various and diverse portfolio of urban planning work. Through private and public sector planning roles she has developed extensive experience information analysis, project management, CEQA, citizen engagement, community development, and local government.

Certification: Certified Planner through the American Institute of Certified Planners (AICP)

KELSEY GEORGE
Senior Planner
Project Role:

Project Coordinator/
Planner
Shin brings her knowledge of communications, site planning, data analysis, and environmental planning (1.5 years at PCE). At PCE, Shin provides services such as due diligence, planning entitlements, on-call planning support staff, environmental review, GIS database management and mapping, fiscal analysis, graphics, data visualization, and branding designs.

Certification: Candidate for Certified Planner through the American Institute of Certified Planners (AICP Candidate)

SHIN TU, MUP
Associate Planner
Project Role:

Planner

KEY PERSONNEL
The following provides the name, title, project roles, short profile, and certification/training of the key personnel assigned to this project. Resumes are provided at the end of this proposal.

NAME AND EXPERIENCE OF KEY PERSONNEL
#1..
78 PROJECT EXPERIENCE
The following provides descriptions and references of past projects in the last three (3) years that PCE's Planning Team and key personnel included in this proposal worked on. We are uniquely qualified to serve the City of Modesto based on our experience working on planning projects in both the private and public sectors in both large and small communities throughout California. Our staff understands the dynamics of local government planning and responds quickly to needs.

PCE'S PROJECT EXPERIENCE WITH REFERENCE INCLUDED

CURRENT PLANNING SERVICES
Application Processing and Review for Conditional Use Permits and Site Plan Review applications including the preparation of the staff reports, resolutions, and conditions of approval.

Management of the City's ADU Program which includes the preparation of pre-approved ADU plans and a how-to-guide for homeowners.

Management of the City's Mixed-Use Conceptual Design Program which includes the preparation of mixed-use conceptual designs and design guidelines.

Management of the City's Multi-Family Conceptual Design Program which includes the preparation of multi-family conceptual designs and design guidelines.

Management of several large-scale development projects
Preparation of resolutions and conditions of approval for an affordable housing project.

Preparation of Initial Study/Mitigated Negative Declaration for the Atwater Family Affordable Housing Project, including technical analyses, public noticing, and State Clearinghouse documents.

Peer Review of Initial Study/Negative Declaration for the City of Atwater 1,2,3-TCP Mitigation Project.

Preparation of Initial Study/Mitigated Negative Declaration for the Bert Crane Solar Facility Project, including technical analyses, public noticing, and State Clearinghouse documents.

Preparation of Categorical Exemption for the Railroad Avenue Business Park.

Preparation of Categorical Exemption for Redwood Mixed Use Project.

Preparation of Categorical Exemption for Atwater Cannabis Dispensary, Distribution, and Cultivation Project.

Preparation of Categorical Exemption for Atwater Warehouse Facility.

City of Kerman On-Call Planning Support Staff (2021-Present) PCE provides on-call Planning staff support services to the City of Kerman Community Development Department on an as-needed basis. Completed projects include:

Current, on-going projects include:

Reference: Jesus R. Orozco, Community Development Department Director | [email protected] | (559) 846-9386.

City of Atwater On-Call Planning/Engineering/Environmental Services (2020-Present) PCE provides on-call engineering and environmental planning services for the City of Atwater, on an as-needed basis. Services include but are not limited to research, consultation, and preparation of CEQA environmental documents ranging from Categorical Exemptions to Initial Studies/Mitigated Negative Declarations, to Environmental Impact Reports. Completed projects include:

Reference: Greg Thompson, Community Development Director | [email protected] | 209-357- 6370
7 #1..
79 Preparation of CEQA Documents for three (3) General Plan Amendment/Rezone projects, including technical analyses, public noticing, and State Clearinghouse documents.

Application Processing and Review for three (3) General Plan Amendment/Rezone projects through Public Hearing and Adoption, including preparation of staff reports, presentations, resolutions, and public noticing documents.

Application Processing and Review for two (2) Roadway Abandonments through Public Hearing and Adoption, including preparation of staff reports, presentations, resolutions, and public noticing documents.

Weekly processing of Plan Checks for single-family, accessory structures, and pools.

Preparation and submittal of California Department of Fish and Wildlife Lake and Streambed Alteration Program Routine Maintenance Agreement
Assisting with a comprehensive zoning code update to facilitate two new housing programs Assisting with general department work on an as-need basis which includes processing entitlements as well as staff training and environmental services.

City of Clovis On-Call Planning Support Staff (2020)
PCE provided on-call Planning Staff support services to the City of Clovis Planning & Development Services Department, Planning Division, on an as-needed basis to assist with during a staffing shortage. Services included planning research, entitlement processing, and drafting of staff reports in addition to performing environmental review for initial studies. Completed projects included the preparation of a Staff Report and conditions of approval for a Conditional Use Permit and an Initial Study for a Conditional Use Permit.

Reference: Ricky Caperton, former Deputy City Planner | [email protected] | 707-257-9604 City of Hanford On-Call Planning Support Staff (2021-2022) PCE provided on-call Planning staff support services to the City of Hanford Community Development Department on an as-needed basis. Completed projects include:

Reference: Mary Beatie, Interim Community Development Department Director | [email protected] | 559-585-2500
PCE provides on-call engineering and environmental planning services for the City of Atwater, on an as-needed basis. Services include but are not limited to research, consultation, and preparation of CEQA environmental documents ranging from Categorical Exemptions to Initial Studies/Mitigated Negative Declarations, to Environmental Impact Reports. Completed projects include:

City of Yreka On-Call Planning and Environmental Consulting Services (2022-Present) PCE provides on-call planning staff support services to the City of Yreka Planning Department on an as-needed basis. Current, on-going projects include:

Reference: Juliana Lucchesi, Planning Director | [email protected] | (530) 841-2324 City of Lemoore On-Call Planning Services (2022-Present) No projects yet.
8 #1..
80 9
ADU Ordinance Template
Staff Report & Hearing Presentation Template
ADU Building Permit Application and Checklist Template
ADU Internal Policy and Procedure Template
Pre-Reviewed Plans and Elevations
ADU Overview Handout for Front Counter/Public
ADU How-to Guide Template
ADUs 101: https://www.youtube.com/watch?v=ZjpOlaz2MKQ&feature=youtu.be ADUs 101: https://sjvcogs.org/wp-content/uploads/2022/05/Accessory-Dwelling-Units101_SJVRPC_2022-05-12-1.pdf ADUs 201: https://sjvcogs.org/reap/reap-workshops/
ADU Ordinance Implementation
Implementation of Pre-Approved Plans
Preparation of How-to Guide for Homeowners
Public Meetings and Other Implementation Services
Zoning Updates: Ordinance, Illustrative Designs, and Internal Policy and Procedure Site Analysis, Site Clearance, and Completion of Initial Studies Draft ADU Ordinance in compliance with state ADU law
Preparation of a How-to-Guide for Homeowners
Preparation of Pre-Approved ADU Plans and Elevations
San Joaquin Valley Regional Early Action Planning Program (2021-Present) PCE has established the San Joaquin Valley ADU Program through the San Joaquin Valley Regional Early Action Planning (REAP) Program to provide technical assistance and expertise for implementing ADUs in San Joaquin Valley communities. The program is intended to assist local government agencies. The efforts are ongoing through 2023 with the following deliverables:
a. San Joaquin Valley ADU Implementation Guide
PCE prepared the "Local Agency's Guide to Implementing ADUs in the San Joaquin Valley to provide guidance, considerations, templates, and examples for use by cities and counties in the San Joaquin Valley when implementing ADUs. PCE prepared the following suite of tools:

Deliverables: The guide is available to view on the San Joaquin Valley REAP ADU webpage:
https://sjvcogs.org/reap/adus/
As part of these efforts, PCE also facilitated three ADU webinars. b. San Joaquin Valley ADU Technical Assistance
PCE is now providing technical assistance to local government agencies in customizing the suite of tools for use in their jurisdiction. PCE is currently assisting the City of Stockton, City of Lodi, and the County of Madera. PCE is offering the following forms of assistance:

Reference: Robert Phipps, SJV REAP Manager | [email protected] | (559) 233-4148 City of Arvin SB 2 & LEAP Implementation: Engineering, Environmental Review, and Planning Services (2021-Present)
PCE is providing engineering, environmental review, and planning services for the City of Arvin in order to assist with the implementation of SB 2 and LEAP-funded projects including but not limited to ADUs, updating zoning standards, and environmental analyses and studies for possible highdensity residential sites. The project is ongoing through 2022 and includes:

Reference: Christine Viterelli, Grant Writer | [email protected] | (661) 606-6052

HOUSING IMPLEMENTATION EXPERIENCE
#1..
81 Infill Study
Pre-Approved Plans and Elevations
Handout and Visual Guide
Design Model Workbook
City of Merced Housing Programs (2022-Present)
PCE is currently working on three (3) housing programs for the City of Merced:
a. City of Merced Designer for Off the Shelf Master Plan Set for Cottages and ADUs PCE is providing design work and visual presentation of program deliverables for the City of Merced to establish the City's ADU Program. The efforts are ongoing through 2023 and will result in the following deliverables: 1) Pre-Approved Plans and Elevations, 2) Handout and Visual Guide, 3) Design Model Workbook.
b. City of Merced Consultant for Infill Study & Design of Master Plan for Duplexes and Triplexes PCE is preparing an infill study and providing design work and visual presentation of program deliverables for the City of Merced to establish the City's Duplex/Triplex Program. The efforts are ongoing through 2023 and will result in the following deliverables:
c. City of Merced Tiny Homes Ordinance and Zoning Updates PCE is preparing the Tiny Homes Ordinance for the City of Merced and updating the Zoning Ordinance to provide increased housing choices, encourage affordability by design, promote infill growth, and ensure compliance with State law.

Reference: Leah Brown, Management Analyst | [email protected] | (209) 385-6928 City of San Clemente Housing Element Rezoning Program (2022-Present) PCE is working with city staff to update the city's Zoning Ordinance on multi-family residential zones and the housing overlay district, rezone several properties to add a Housing Overlay District, and develop objective design standards for residential development in the City of San Clemente.

This will streamline the processing time for residential projects as well as introduce more housing opportunities within the city. PCE is also responsible for one (1) community survey, one (1) stakeholder workshop, one (1) property owner workshop, and four (4) stakeholder interviews to ensure public engagement and input in these efforts.

Reference: Sara Toma, AICP, Senior Planner | [email protected] | (949) 361-6190 City of Clayton ADU Program (2021-Present)
PCE is preparing a ADU ordinance, set of pre-approved ADU plans, and a visual guide/how-to-guide for the City of Clayton in efforts to establish an ADU Program. The efforts are funded by SB2 and are ongoing through 2022.

Reference | Dana Ayers, Community Development Director | [email protected] | (925) 673-7343 10 #1..
82 Pre-Approved Plans and Elevations
Visual Guide and Brochure for program participants
Internal Processing Checklist for staff
ADU Application and Application Checklist
City of Fresno CEQA Services for Mixed Use Zoning Density Increase (2021-2022) PCE conducted a density level analysis and buildable lands inventory to identify maximum and optimal densities for zoning districts that allow mixed-use development. This work was done to support a zoning text amendment that (1) remove the maximum density for mixed-use districts; (2) modify the restriction that prohibits ground floor residential uses in mixed-use districts so that only corner properties along arterials with Bus Rapid Transit stops will have mandated commercial uses; and (3) revise Fresno Municipal Code (FMC) Section 15-4907 to allow ministerial approval of multifamily residential uses in mixed-use districts within the City’s Priority Areas for Development.

Lastly, PCE conducted an environmental review and prepared the CEQA documentation for the anticipated text amendment described above.

Reference: Sophia Pagoulatos, Planning Manager | [email protected] | 559-621-8062 City of Oakley ADU Program (2020-2021)
PCE prepared plan sets, a guidebook, and application forms for the establishment of an ADU Program for the City of Oakley. The efforts were funded by SB 2 and included the following deliverables that were completed in October 2021:

Deliverables are available to view on the City of Oakley ADU Website:
https://www.ci.oakley.ca.us/pre-approved-adu-program-and-general-adu-information/ Reference: Ken Strelo, Principal Planner | [email protected] | (925) 625-7036 11 #1..
83 BUDGET PROPOSAL
Hourly rates for all positions and classifications of key personnel that may be involved are provided below for Precision Civil Engineering staff as identified in this RFQ. PCE will bill for services rendered at the beginning of each month. For larger projects, PCE will provide the City with a not to exceed amount with a proposed scope prior to initiating a project. For small projects and tasks, PCE will bill the hourly rates noted below.

BILLING METHOD
PCE will provide invoices for the City each month. The invoices will include hours and tasks that identify work progress and the stage of the project is currently under. See below example invoice:

Planning Manager ........................................................................................................................

Senior Planner .............................................................................................................................

Senior Associate Planner ...........................................................................................................

Assistant Planner/Associate Planner ........................................................................................

Position
$200
$150
$130
$115
Hourly Rate
12 FEE STRUCTURE AND BILLING
NOTES
Direct, Indirect, and Transportation Fees: Travel costs are based on direct reimbursements for mileage, and door-to-door travel time. Per diem is charged at the government rate for the region.

Equipment (GPS, sampling equipment, etc.) rates are based on full- and half-day rates.

Overhead: Overhead is included in labor rates, otherwise, only direct costs are charged. No markups are charged on expenses.
#1..
84 APPENDIX.

KEY PERSONNEL RESUMES
13 #1..
85 PROFILE
Project Management. Managed the building and implementation of the City of Fresno's Land Management Software System, a citywide, multi-million dollar project that modernized the way permits and entitlements were processed.

Business Analyst. Regularly analyzed organizational and procedural issues and developed solutions, including but not limited to modifying project workflows through a land management system, implementing new processing procedures, and delegating work assignments.

Implementation. Responsible for reviewing, interpreting, and analyzing new legislation and maintaining current knowledge of directives, policies, and regulations that affected the operation of the current planning division. Also responsible for implementation of the General Plan and Development Code at the project level.

Process Management. Managed (both directly and indirectly, through subordinate supervisors) all operations of a division which processes approximately 3,000 entitlement applications a year and operates a planning public front counter serving hundreds of customers weekly.

Supervisor and Trainer. Performed various supervisorial duties, including training, employee selection, evaluations, coaching, and discipline by supervising 4-5 staff directly, and managing a division of 20 staff directly and indirectly through subordinate supervisors.

VICE PRESIDENT OF PLANNING | SENIOR PROJECT MANAGER

BONIQUE EMERSON, MAUP, AICP

AREAS OF EXPERTISE

EXPERIENCE - ZONING UPDATE/TEXT AMENDMENTS

EXPERIENCE - MASTER PLANNING PROJECTS
Project Management
Processing Entitlement Applications
Environmental Planning Services (CEQA/NEPA)
Policies, Procedures, and Processes
VMT Screening and Trip Generation Analysis
Oversight and Management of Environmental Consultants
City of Arvin Multi-Family Residential Zone Districts and Objective Design Standards
City of Clayton ADU Ordinance
City of San Clemente Housing Overlay, Multi-Family Residential Zone Districts, and Objective Design Standards
City of Fresno Electric Fence municipal code text amendment (private applicant) Advice, coordination and Preparation of CEQA document related to the City of Fresno Mixed Use Text Amendment to allow by-right multi-family Preparation of various zoning text amendments related to alcohol, billboards, recycling centers, cell towers, etc.

City of Fresno Tiny Homes processing guide and submittal checklist Project Manager and Planner - Villages at Almond Grove Specific Plan | Madera, CA Mrs. Emerson was involved in the drafting sections of the Specific Plan and provided planning consultation and services, including drafting staff reports, ordinances, resolutions, annexation documents, etc.

Project Manager - Citywide Density Increase Text Amendment CEQA Environmental Review | City of Fresno, CA Mrs. Emerson managed the PCE Planning Division to prepare an IS/MND for environmental clearance for Fresno's citywide density increase text amendment. The text amendment removed the density cap in 5 mixed-use zones. During the process, Mrs. Emerson provided various approach to move the project forward and corresponded with multiple agencies and city departments to address all environmental concerns.

Bonique Emerson, MAUP, AICP has over 19 years of experience as a Planner and Project Manager, spending a majority of those years with the City of Fresno Current Planning Division. While at the City of Fresno, Mrs. Emerson worked her way from a Planner I to the Current Planning Division Manager. Through these roles, she processed hundreds of entitlement applications, implemented the General Plan and Development Code at the project level, and played a key role in coordination among the public agency, developers, and residents. At Precision Civil Engineering, Mrs. Emerson leverages her extensive planning knowledge to manage both public and private sector projects in various communities.

EXPERIENCE
Master of Arts Urban Planning,
University of California, Los
Angeles with an emphasis in
transportation planning
Bachelor of Arts, Political
Science with minor in Public
Policy, University of California,
Los Angeles

EDUCATION
19 years (PCE: 3 years)

YEARS OF EXPERIENCE
Certified Planner through the
American Institute of Certified
Planners (AICP)
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)
Institute of Transportation
Engineers (Member)

CERTIFICATION

PROFESSIONAL ORG
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT
#1..
86 PROFILE
Land Development Process and Review. Oversaw the execution of complex projects, including tract map developments and subdivisions, plan amendments, rezones, annexations, and text amendments, while reviewing for compliance with applicable goals and policies.

Public Outreach and Presentation. Facilitated neighborhood and public meetings to provide city leaders, developers, attorneys, and the general public with plans within the city boundaries by delivering presentations in public meetings.

Project Management. Coordinated several complex projects including short- and longrange planning projects, while working closely with applicants, key developers, and any commenting City divisions, departments, and outside agencies.

SENIOR PLANNER

KELSEY GEORGE, AICP

AREAS OF EXPERTISE

EXPERIENCE - ZONING UPDATE/ TEXT AMENDMENT

EXPERIENCE - MASTER PLANNING PROJECTS

TRAININGS

RECENT PUBLIC SECTOR PROJECTS
Project Management
Land use planning and entitlement processing
Environmental planning and compliance
Key stakeholders engagement
City of Arvin Multi-Family Residential Zone Districts and Objective Design Standards
City of San Clemente Housing Overlay, Multi-Family Residential Zone Districts, and Objective Design Standards
City of Kerman Subdivision Ordinance Update
City of Porterville – South of the Tule River (SoTu) Master Plan Fundamentals of Air Quality Analysis, Association of Environmental Professionals, California (September 2022)
How to Write an EIR, Association of Environmental Professionals, California (July 2022)
Complying with Federal Law in Regulating Telecommunications (January 2022) Transportation Planning: Travel Behavior Principles and Modelling Approaches (November 2021)
On-Call Planning (Land Use Planning & Permitting) and/or Environmental Planning Services (CEQA/NEPA Process, Compliance, Guidance): City of Atwater, City of Lemoore, City of Yreka, City of Merced
City of Porterville – South of the Tule River (SoTu) Master Plan City of Merced – Tiny Homes Ordinance
Kelsey George brings over 9 years of experience in city planning, community development, and environmental and sustainable development. With nearly 5 years of municipal planning experience in the Central Valley, she has worked on a various and diverse portfolio of urban planning work including General Plan updates, Zoning Code text amendments, annexations, General Plan amendments, rezones, tentative tract maps, use permits, and site plan reviews. Through private and public sector planning roles she has developed extensive experience in interpreting zoning requirements and State and Federal laws and policies regarding land use, information analysis, project management, California Environment Quality Act, citizen engagement, community development, and local government background. She received a Master’s of Arts in Geography and Planning and published her thesis on transit-oriented development in 2017.

EXPERIENCE
Master of Arts, Geography with
emphasis in Urban Planning,
California State University, Long
Beach
Bachelor of Arts, Geography and
Planning with Minor in Rural and
Town Planning, California State
University, Chico

EDUCATION
9 years (PCE: 1 year)

YEARS OF EXPERIENCE
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)
California Geographical Society
(Member)

PROFESSIONAL ORG
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT
Certified Planner through the
American Institute of Certified
Planners (AICP ID 34656)

CERTIFICATION
#1..
87 PROFILE
Master of Community and
Regional Planning, University of
Oregon
Bachelor of Arts, Political
Science with minor in Civic
Engagement, University of
California, Los Angeles

EDUCATION
9 years (PCE: 2.5 years)

YEARS OF EXPERIENCE
Certified Planner through the
American Institute of Certified
Planners (AICP ID 34152)
American Planning Association,
California Chapter, Central
Section (Member and Director
for Membership and Public
Information)
Association of Environmental
Professionals, California, Central
Chapter (Member)
Institute of Transportation
Engineers (Member)

CERTIFICATION

PROFESSIONAL ORG
Land Development Process, Review, and Guidance. Processed zoning inquiries, zone clearances, environmental assessments, and conditional use permit applications for the City of Fresno Planning and Development Department, Current Planning Division.

Provided customer service to clientele by monitoring the Current Planning Division front counter, answering and directing questions, responding to requests for more information, and interpreting planning and zoning programs to the general public.

Technical Assistance and Capacity Building. Coordinated planning and sustainable communities programming in rural communities of the San Joaquin Valley in the areas of housing, sustainable planning, parks and recreation, and transportation for the Office of Community and Economic Development, Community & Regional Planning Center at Fresno State. Organized regional capacity building events that brought together over 1k stakeholders from across the region and state to bolster advocacy, increase the quality of partnerships, and build traction to find regional opportunities and funding for planning.

Communication and Partnership Management. Managed marketing and communications programs for Downtown Fresno Partnership, a property-based business improvement district, including creating and disseminating content for media platforms, public relations, and creation of materials. Managed special programs such as placemaking, grant writing/reporting, events, and promotions, and negotiating and developing partnerships between the downtown merchant and property owner community, local resources, and the City of Fresno.

SENIOR ASSOCIATE PLANNER

JENNA CHILINGERIAN, MCRP, AICP
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT

AREAS OF EXPERTISE

RECENT PUBLIC SECTOR PROJECTS

TRAININGS
CEQA/NEPA Process, Compliance, and Guidance
Environmental Analysis and Planning
Project-Level Land Use Planning/Permitting
Project Coordination and Management
Housing Program Development and Implementation: City of Arvin Pre-Approved ADU Program, Multi-Family Residential Text Amendment CEQA Project, and Objective Design Standards; City of Clayton Pre-Approved ADU Program; City of Fresno City-wide Mixed-Use Text Amendment CEQA Project; City of Kerman Pre-Approved ADU Program, Mixed-Use Conceptual Design Program, and Multi-Family Conceptual Design Program; City of Merced Pre-Approved ADU Program and Pre-Approved Duplex/Triplex Program; City of Oakley Pre-Approved ADU Program; City of Salinas SB 2Mixed-Use Rezoning CEQA Project; City of San Clemente Housing Element Rezoning Program and Objective Design Standards; Fresno Council of Governments San Joaquin Valley Regional Early Action Planning (REAP) Program Pre-Approved ADU Program and Local Agency Technical Assistance
On-Call Planning (Land Use Planning & Permitting) and/or Environmental Planning Services (CEQA/NEPA Process, Compliance, Guidance): City of Atwater, City of Clovis, City of Hanford, City of Kerman, City of Lemoore, City of Yreka NEPA Essentials Workshop, Association of Environmental Professionals (AEP), California (September 2022)
How to Write an EIR, AEP, California (July 2022)
CEQA Advanced Workshop, AEP, California (April 2021)
CEQA Intermediate Workshop, AEP, California (February 2021) Jenna serves as a senior associate planner at Precision Civil Engineering (PCE) in downtown Fresno, CA, bringing more than 9 years of experience in planning, community and economic development, and program management in the nonprofit and public sectors. At PCE, Jenna provides CEQA services for public and private sector projects, on-call planning services for local agencies, and development and entitlement services for private sector clients. Jenna is an active AEP and APA member, participating in webinars and workshops to remain up to date on current environmental legislation, procedures, and best practices. She received her Masters of Community and Regional Planning from the University of Oregon and holds a bachelor’s degree in Political Science from UCLA. She joined the American Institute of Certified Planners (AICP) in July 2022.

EXPERIENCE
#1..
88 PROFILE
Site Planning. Received awards for 2 design competitions that focused on designing human-oriented space/streets for transit and pedestrian connectivity and revitalization. Drafted 5+ conceptual site plans and land use plans for various sites.

Corridor Planning. Drafted a corridor revitalization plan in Tainan City, Taiwan.

Conducted interviews with local businesses, held 3 workshops to introduce and collect feedback for the plan, and coordinated with public agencies for implementation of the proposed public transit program.

Graphics Communication. Leaded Graphics and Written Communications Team to develop the first comprehensive plan of the City of Caldwell, Texas. Coordinated with data analytics and public outreach team to design flyers, posters, presentations, and the final plan document. Designed branding for 4 ADU Programs in the Valley.

Research and Analysis. Conducted data cleansing, labeling, categorizing, and statistical analysis. Co-authored for journal publication and was responsible for the management of 2+ datasets. Performed infill study, fiscal analysis, biological assessment, demographic analysis, industry analysis, etc., for different projects.

Planning Assistant. Performed traffic flow and land use analysis for 3 city-scale plans to provide a fact base for the planning process. Performed zoning inquiries, environmental assessments, building and conditional use permit applications.

Produced multiple exhibits, drafted proposals, and corresponded with clients and agencies.

ASSOCIATE PLANNER

SHIN TU, MUP, AICP CANDIDATE

AREAS OF EXPERTISE

EXPERIENCE - MASTER PLANNING PROJECTS

PUBLICATIONS

TRAININGS
Research, Data Collection and Analysis
Geographic Information Systems, Spatial Analysis, and Mapping Visualization, Digital Communication, Branding, and Graphic Design Planning Entitlement Processing
City of Caldwell Comprehensive Plan – Envision Caldwell | Caldwell, TX Shin, as part of the masters program’s implementation course, worked with Texas Target Communities (TxTC) to lead the community and stakeholder engagement process of developing the City of Caldwell’s first comprehensive plan. Shin managed and led the Graphics and Written Communications Group, which developed branding and produced a factsheet, outreach materials (slides, flyers, posters, and email templates), and the final Community Engagement and Input Report.

Shin was also involved in drafting the comprehensive plan’s Environment chapter and creating 3 memorandums that proposed pattern zoning ordinance in Caldwell.

City of Merced Annexation Pre-Application
Shin designed and prepared the conceptual land use plan of a 47.7-acre mixed-use development site as well as calculated wastewater and water demand and projected job generation of the development.

Tu, S.; Yu, S. Urban Planning for Climate Change: Comparing Climate Adaptation Plans between Taipei and Boston.

Sustainability 2023, 15, 934. https://doi.org/10.3390/su15020934 NEPA Essentials Workshop, Association of Environmental Professionals (AEP), California (September 2022)
How to Write an EIR, AEP, California (July 2022)
CEQA Advanced Workshop, AEP, California (March 2022)
CEQA Essentials Workshop, AEP, California (October 2021) Shin brings her knowledge of communications, site planning, data analysis, and environmental planning. With a Master of Urban Planning degree at Texas A&M University and graduate certificates in Environmental Hazard Management and Geographic Information Science, Shin has experience working in the public, private, and academic sectors. At PCE, Shin provides services to both public and private sector clients, including performing due diligence, planning entitlements, oncall planning support staff, CEQA document drafting and analysis, GIS database management and mapping, fiscal analysis, graphics, data visualization, and branding designs.

EXPERIENCE
Master of Urban Planning,
Environmental Hazard
Management Certificate, GIS
Graduate Certificate, Texas A&M
University
Bachelor of Science, Urban
Planning, National Cheng Kung
University, Taiwan

EDUCATION
4 years (PCE: 1.5 year)

YEARS OF EXPERIENCE
American Planning Association,
California Chapter, Central
Section (Member)
Association of Environmental
Professionals, California, Central
Chapter (Member)

PROFESSIONAL ORG
Precision Civil Engineering
1234 "O" Street
Fresno, CA 93721
[email protected]
559-449-4500

CONTACT
Certified Planner through the
American Institute of Certified
Planners (Candidate)

CERTIFICATION
#1..
89 Edward Dunkel, Jr., CEO & President
p. (559) 449-4500 f.(559) 449-4515
e. [email protected]
Location | 1234 O Street | Fresno, CA 93721
PROVEN
EXPERTISE.
#1..
90 Harris & Associates, Inc.  i

CONTRACT MUNICIPAL

PLANNING SERVICES

CITY OF MODESTO
January 13, 2023
#1..
- 91 -
Harris & Associates, Inc.  ii
#1..
- 92 -
Harris & Associates, Inc.  iii

TABLE OF CONTENTS
Cover Letter.................................................................................................................................................. 1 Firm Experience & Qualifications............................................................................................................. 2 Project Team .............................................................................................................................................. 13 Services & Cost Proposal ........................................................................................................................ 20 Fee Schedule .............................................................................................................................................. 28 #1..
- 93 -
Cover Letter
Firm Name: Harris & Associates, Inc.

Year Established: 1974
Key Staff Contact: Cecilia Kim, PhD
Address: 300 S. Grand Ave. Suite 3830,
Los Angeles, CA 90071
Email: [email protected]
Phone: 949.510.2064
Cover Letter  1
Harris & Associates, Inc.
22 Executive Park, Suite 200
Irvine, CA 92614
949.655.3900  WeAreHarris.com
January 13, 2023
Jessica Hill, Acting Planning
Manager
City of Modesto
Planning Division
P.O. Box 642
Modesto, CA 95353
Contract Municipal Planning Services
Dear Ms. Hill:

Harris & Associates, Inc. (Harris) appreciates the opportunity to present this proposal to provide professional urban planning services to the City of Modesto (City). We are a full service, multidisciplinary firm and have assembled a team of highly qualified experts with a unique combination of technical strength and experience to provide all services listed in the RFQ/P. The Harris team offers the following benefits:

The Harris team has an outstanding track record of preparing high quality planning studies and reports, such as specific plans and environmental documents, as well as providing planning support to local municipalities, including zoning amendments and staff support. The team will be led by Project Manager Cecilia Kim, a planning professional with almost two decades of experience serving agencies across California. Cecilia will be supported by Principal-in-Charge Darin Neufeld, who has provided staff support services to multiple agencies in the State and managed the Current Planning Department for the County of San Diego. Under their leadership, the City can expect exceptional attention to detail, a deep understanding of the planning process, and high-quality deliverables from our team.

Our team also includes Hitta Mosesman, who recently oversaw the successful certification of the 6th Cycle Housing Element Updates (HEUs) for the Cities of Irvine and Victorville. In addition to HEUs, Harris has extensive experience preparing housing-supportive reports and analyses, including inclusionary housing studies and affordable housing feasibility studies. Through our recent experience preparing HEUs in Southern California, our team has developed close relationships with staff at the California Department of Housing and Community Development (HCD) and have obtained valuable guidance on strategies to meet Regional Housing Needs Allocations (RHNAs). These relationships also extend to representatives from the State Grant Management division who work on housing technical assistance and grant management.

We prioritize effective collaboration, communication, and engagement with municipal departments, commissions, elected officials, and the community. Cecilia Kim is currently leading the community outreach and engagement for the County of Monterey’s General Plan Update, working in collaboration with team members, County staff, and community-based organizations. We utilize a broad range of outreach methods and tools to engage all segments of the community and will work with you to effectively identify and address the needs of the people of Modesto.

Harris takes pride in what we have helped the City accomplish over the years. Project Advisor Tamorah Bryant, who previously served as Modesto’s Assistant City Engineer and currently provides Professional Engineering Consulting Services to the City, is also an active resident of the City and understands the processes from both the resident and public agency perspectives.

Thank you for considering our team. We look forward to growing our relationship with the City of Modesto by providing these planning support services.

Sincerely,
Harris & Associates, Inc.

Darin Neufeld, AICP
Principal-in-Charge
619.481.5022
[email protected]
Cecilia Kim, PhD
Project Manager
949.510.2064
[email protected]
#1..
- 94 -
Harris & Associates, Inc. Firm Experience & Qualifications  2 Brief Overview
Harris has served public agencies and private clients since 1974 and is a 100% employeeowned company focused on helping communities solve today’s complex challenges. We have a robust program of services that offer our clients expertise and assistance in various realms of planning, engineering services, program and construction management, municipal and district finance, and environmental services. Our offices and project sites span California with a focus on serving clients in the municipal, transportation, water, and education markets. We apply our experience to find innovative and cost-saving solutions that enhance safety, sustainability, and quality of life for our communities. We are careful stewards of our clients’ resources and reputation; we hold ourselves accountable for delivering on our commitments, and we strive to exceed expectations.

With a team of approximately 240 employee-owners across our 11 offices on the West Coast, we are sized to keep your projects a priority and are personally vested in their success. We build trusted relationships with our clients and are committed to the projects and communities within which we work.

Outstanding people join Harris and stay because we nurture talent and invest in their growth. The return is a team who is passionate about their work, has strong internal and external relationships, provides successful collaborative services, and delivers quality work products. Our staff have worked on a variety of projects throughout California and have the knowledge and depth of resources to provide professional municipal planning services for the City of Modesto.

FIRM EXPERIENCE &

QUALIFICATIONS

WORKING WITH THE CITY
Harris and the City of Modesto have
worked together on many projects over
the last nearly 20 years, and Local Advisor
Tamorah Bryant spent 10 years working
for the City before retiring as the Assistant
City Engineer. She is intimately familiar
with your procedures, preferences, and
community needs which will be an asset to
the projects.

Our understanding of your processes
combined with our planning expertise
on similar projects will help you in
successfully completing the projects
your community needs and desires.

The true value of Harris lies in our ability to provide our clients with end-to-end services throughout the project lifecycle. #1..
- 95 -
Harris & Associates, Inc. Firm Experience & Qualifications  3 Comparable Project Experience
Harris is qualified to perform a variety of services, including preparing planning studies and reports, providing a range of housing services, conducting in-depth public outreach and engagement, updating municipal codes, and coordinating with State agencies. Below are some examples of the Harris team’s experience with dynamic and multifaceted planning services.

HOUSING
Harris has a proven track record of successfully updating Housing Elements for California Department of Housing and Community Development (HCD) certification. We recently led 6th Cycle Housing Element Updates (HEUs) for the City of Victorville, which was one of only six jurisdictions to receive HCD certification by the State deadline in the Southern California Association of Governments (SCAG) region, and the City of Irvine, which was among the first 15 to be certified in the SCAG region.

Harris’ experience in preparing Housing Elements covers all aspects required under HCD guidelines. This includes extensive community outreach, a thorough review of constraints and opportunities, site inventory preparation consistent with the latest requirements, a realistic Housing Plan that is consistent with other General Plan Element goals and policies, and a thorough fair housing analysis. We customize our analysis for each City and thoroughly review the City’s options and opportunities in order to identify a compliant site inventory.

Harris also provides affordable housing services for cities and other public agencies in California, helping to evaluate and implement housing goals and policies, identify and secure funding for affordable housing, and maintain compliance with reporting requirements. As an example, Harris has prepared Housing Element Annual Progress Reports (APRs) for multiple cities, including the Cities of Victorville, Hawthorne, and Duarte. The APRs are used to demonstrate that a City continues to satisfy the requirements related to the site inventory and are a threshold requirement for several State grant programs. Harris understands the requirements of Senate Bill 166 and can assist cities in maintaining site inventory compliance through updates.

PLANNING & DESIGN
Harris’s strong team of planners and designers are experienced in developing specific plans for neighborhoods and corridors, as well as for unique purposes such as transit-oriented development and historic preservation. Cecilia Kim has prepared Specific Plans for the Cities of Orange, Tustin, Santa Ana, Fullerton, and Westminster, each tailored to their unique context and vision through collaborative planning with community members and the City. Our team members are skilled at coordinating between departments and practice areas to foster smooth and efficient workflows throughout the planning process. Our services for these types of plans range from policy-level plans, such as community plans and area plans, to ordinance-level plans, such as specific plans and regulating plans.

In all cases, Harris specializes in “placemaking,” an approach to urban planning and design that holistically considers land use, built form, and human activity with special focus on the public realm. Our plans and designs for the public realm emphasize function, accessibility, and sustainability for users of all ages and abilities. Harris’ placemaking services span from policy planning to physical planning at small and large scales. We also address implementation and maintenance of the public realm and can develop a customized placemaking toolkit that considers the roles and responsibilities of public agencies and private entities. The toolkit also provides implementation tools and strategies focused on the public realm to improve multi-modal mobility, as well as placemaking of active centers with built form and patterns that deliver equitable, valuable, and sustainable results. The City of Rancho Cucamonga is currently using the placemaking
toolkit, developed by Cecilia, to work with property owners and developers to implement its General Plan in a cohesive and streamlined manner.

ZONING CODES
Harris has the expertise to assist the City in updating and amending zoning codes to guide the growth of its communities in an organized, flexible, and sustainable way. Harris’ approach involves a concentrated understanding of the general plan, specific plans, and master plans the City is executing through more detailed regulations applied by zoning.

The Harris team has experience preparing standards and
guidelines for both use-based and form-based codes, including overlays, objective design and development standards, and placebased codes. We begin with a thorough code audit to identify the strengths and weaknesses, solicit input from the City staff and stakeholders on what is and is not working from a user perspective, and incorporate findings to update the code in a way that is legible, clear, and user-friendly. For example, Cecilia provided advisory services for an audit of the City of Stillwater, OK’s form-based code and gave recommendations based on placemaking principles to deliver envisioned built results. For the City of Ontario’s Ontario Plan 2050, Cecilia developed a framework of place types based on intended development intensity, scale, and character, which laid the foundation for the Objective Development and Design Standards currently being developed. The Harris team has also assisted cities with municipal code updates, including those for accessory dwelling units and inclusionary housing requirements. #1..
- 96 -
Harris & Associates, Inc. Firm Experience & Qualifications  4

DEVELOPMENT FEASIBILITY STUDIES
As planners, engineers, and economists, Harris staff have the unique combination of skills and expertise to provide feasibility studies for a range of development types and scales. Most recently, Cecilia completed a housing yield study for the City of Coronado to support their negotiations with HCD on their sites inventory for their Housing Element Update. Cecilia has also provided similar services for the City of Chino, as part of a SCAG Compass Blueprint demonstration project to provide guidance on implementation of their General Plan.

Harris provides guidance and support in a wide range of economic and/or financial analyses. From identifying and evaluating finance and funding streams and mechanisms for the development of affordable housing, to estimating the impact of future market-rate commercial or residential development, we can provide the City with an analysis that suits the City’s desired understanding of local real estate forces or policy changes. Examples include Harris’s experience guiding the San Gabriel Valley Regional Housing Trust, the City of Hawthorne, and other clients to evaluate proposed affordable housing developments for loan applications, as well as estimating the fiscal impacts of new hotel development.

Harris has the expertise and resources to study and evaluate local real estate markets for both market-rate and affordable housing development, as well as for commercial development. Harris has conducted such market analyses in the context of estimating economic impacts for Victorville’s Land Use Element update and projecting property tax revenues for the Orange County Fire Authority, among others. When a City seeks to understand the dynamics affecting development feasibility, we develop and analyze pro formas to estimate the costs of proposed development and compare the costs to the value generated by the development. Our analyses are grounded in reliable assumptions based on trusted sources, with an acknowledgment of the uncertainty that each specific situation brings.

FEE ANALYSIS/NEXUS STUDIES
Harris provides our clients with a broad range of public financing and assessment engineering services. Our unique combination of being planners, engineers, and financial experts allows us to provide a host of services to our clients, resulting in reduced City staff time on projects. Harris has the technical expertise and knowledge needed to develop and implement sound financial strategies that will provide your community with the services and facilities to meet the needs of new and existing residents and workers.

To date, Harris has worked with more than 100 public agencies throughout the state. Our staff are experts on Mitigation Fee Act (AB 1600)-compliant Development Impact Fees and stay up to date on recent legislation, such as the recently passed AB 602. Harris is currently providing such services to the Cities of Tracy, Manteca, Stockton, Cathedral City, Moorpark, and Costa Mesa, as well as the Mountain House Community Services District. We have over 20 years of Development Impact Fee experience throughout California, including development of new fee programs, updates of existing programs, ongoing administration tasks, and annual fee reporting.

In developing impact fee programs in accordance with AB 1600, as engineers, Harris is able to review Master Plans and other technical documents to determine the impact fee-eligible projects, develop the projected costs of facilities, and develop strategies to ensure that This excerpt is from the
Development Scenarios
Guidebook for the City of
Chino and SCAG. It presents
a concise description of
potential development for
an opportunity site and its
feasibility.

Project: Envisioning Chino:

Implementiong the 2025
General Plan
#1..
- 97 -
Harris & Associates, Inc. Firm Experience & Qualifications  5 new development is paying for only its fair share. As an example, Harris is overseeing the preparation of multiple master plans in the City of Stockton that will form the basis for the updated Impact Fee Study. Our experience and knowledge helps to make sure that the recommended fees will provide the revenues needed to construct the facilities to serve new development. Because our team works with agencies to develop all types of facilities financing plans, we are able to identify strategies for funding current deficiencies that cannot be paid for using impact fee revenues, and we can also assist the City in developing long-term maintenance funding strategies.

This is critical in creating a sustainable financial model for the City.

COMMUNITY ENGAGEMENT
The Harris team’s approach to community engagement is based on respect and trust. At the heart of our work is enhancing peopleto-people and people-to-place connections. Harris outreach programs typically integrate a range of in-person activities, online engagement, formal meetings, less structured interactions, and topic-driven activities and events designed to build relationships and connection. We develop custom outreach plans that are tailored to the preferences and goals of the communities we work with. We have developed robust community engagement plans for the Cities of Orange, Victorville, Santee, and County of Monterey.

We utilize innovative outreach techniques to reach a diverse range of community members so that we can obtain deep insight into their needs. We start by initiating conversations with community members and actively listening to their concerns, creating a safe and comfortable environment to foster meaningful discussions and exchanging of ideas. Cecilia Kim engaged hundreds of students at California State University Fullerton through multiple on-campus events and was able to incorporate their voice in the future vision of the CollegeTown Specific Plan.

When formulating recommendations, we pull from our diverse backgrounds, professional expertise, and place knowledge to build on what the community has voiced as their needs and desires.

Our team is on the cutting edge of designing and implementing intuitive, empowering, and engaging collaborative technologies that help cities achieve their communications goals by connecting with audiences in innovative ways. The COVID-19 pandemic has shown the benefits of digital outreach methods (online surveys, virtual workshops, and interactive web platforms) and their ability to increase public engagement in the planning process.

Nonetheless, there is still a significant benefit to in-person engagement activities that cannot be understated. Reaching a broad spectrum of the community often requires on-the-ground engagement to meet people where they are. The Harris team is adept at various methods of outreach and can provide a hybrid approach that entails both in-person and virtual opportunities for engagement.

GRANT RESEARCH & WRITING
Harris has an experienced grant writing team with a successful track record in identifying grants as they are announced, quickly assessing feasibility, and efficiently preparing grant applications to secure funding for a range of planning projects, housing programs, and sustainability projects. Our staff maintains relationships with sponsoring entities, which allows us to provide the most up-to-date grant information and clarity on preparing the most successful applications.

The Harris grants team has helped secure more than $30 million in funding for client cities, public agencies, and non-profit organizations. Our approach to grant assistance ensures that all applications are of high quality, compliant with all requirements, compelling with data-driven project justifications, and submitted on time.

Most notably, Harris has prepared applications for the Local Housing Trust Fund and Permanent Local Housing Allocation grant programs (San Gabriel Valley Regional Housing Trust and Cities of Hawthorne and Santa Monica), the Regional Climate Collaboratives grant program (San Gabriel Valley Council of Governments), the California Resilience Challenge (City of Watsonville), the Caltrans Highway Safety Improvement Program (County of Monterey), the CARB Sustainable Transportation Equity Grant Program (City of Bakersfield), and the EDA 2018 Disaster Grant (City of Long Beach). Harris also assists some of the above clients with grant implementation and compliance.

STAFF SUPPORT
Harris has over 30 years of experience providing staff support services for cities and counties, including the preparation of staff reports, technical memoranda, California Environmental Quality Act (CEQA) documents (e.g., Environmental Impact Reports, Mitigated Negative Declarations, and Categorical Exemptions), CEQA comment response letters, and projectrelated public comment response letters. We are also skilled at assisting jurisdictional staff with project management and technical administrative work, including the preparation of public meeting and/or hearing notices. We take great pride in providing well-written, legally defensible documents. Our staff reports and planning and environmental documents are clear, concise, and easily understood by City and County leadership and the general public. In recent years, Harris has provided staff support services to the Cities of Marina, Pacific Grove, Walnut Creek, and San Juan Bautista, as well as the Counties of Monterey, San Diego, and Humboldt. Staff Augmentation Lead David Mack received several commendations from the City of San Juan Bautista for maintaining a superior level of review, quick processing, leading various applicant and stakeholder meetings, and providing high- #1..
- 98 -
Harris & Associates, Inc. Firm Experience & Qualifications  6 level public hearing presentation(s) via Zoom, Ring Central, Skype, and other electronic platforms. Darin Neufeld also provides expert sustainability and CEQA services to the County of San Diego and City of Walnut Creek, including presentations at Planning Commission and Board of Supervisor hearings.

Project NameHousingPlanning & DesignZoning CodesDevelopment Feasibility StudiesFee Analysis/Nexus StudiesCommunity EngagementGrant Research & WritingStaff Support City of Coronado, Housing Yield Study   
City of Duarte, Inclusionary Housing Feasibility Study   City of Garden Grove, Affordable Housing Services  
City of Hawthorne, Affordable Housing Services   
City of Irvine, 2021-2029 Housing Element Update  
City of Millbrae, Housing Element Update 
City of Victorville, 6th Cycle Housing Element & General Plan Update   City of Walnut Creek, 6th Cycle Housing Element & Safety Element Updates   City of Fullerton, CollegeTown Visioning and Specific Plan    City of Irvine, General Plan Update & EIR   
City of Long Beach, Southeast Area Specific Plan 2060    City of Ontario, The Ontario Plan Update 2050  
City of Orange, North Tustin Street Specific Plan Update & EIR    City of Rancho Cucamonga, General Plan Update & EIR    City of Santa Ana, Harbor Mixed Use Transit Corridor Specific Plan and EIR    City of Tustin, Tustin Legacy Specific Plan  
City of Westminster, Moran Street Specific Plan   
County of Monterey, General Plan Update & EIR    
San Gabriel Valley Regional Housing Trust, Housing Consulting Services   SCAG, Envisioning Chino: Implementing the 2025 General Plan  City of Stillwater, Form-Based Code Audit for the Corridor Redevelopment Plan  Mountain House Community Services District, Community Facilities Fee and Transportation Fee Update

City of Gustine, Impact Fee Update 
City of Millbrae, Comprehensive Development Impact Fees Study  City of Tracy, Development Management & Financial Engineering  City of Marina, On-Call Planning Services 
City of Pacific Grove, In-House Planning Staff 
City of San Juan Bautista, Planning Support Services/Staff Augmentation   City of Walnut Creek, Sustainability and Planning Support Services  County of Humboldt, Planning and Environmental Support Services  County of Monterey, Planning Support Services/Staff Augmentation  County of San Diego, Planning and Environmental Support Services/Staff Augmentation

County of San Diego, Sustainability and Climate Action Plan Services  Below is a matrix providing a list of representative projects completed by the individuals identified in this proposal that best exemplify the scope of services in the RFQ/P. A brief description of select projects are provided on the following pages.
#1..
- 99 -
Harris & Associates, Inc. Firm Experience & Qualifications  7 Affordable Housing Services

CITY OF HAWTHORNE
Harris provides Affordable Housing Services to the City of Hawthorne as it relates to financial feasibility, regulation compliance, and due diligence for affordable housing
developments. Services include review and evaluation of developers’ proposals and pro formas for consistency with various funding sources, including Low Income Housing Tax Credits (LIHTC), State loans and grants, and project-based voucher requirements. Harris also checks for full and correct leveraging of all available financial sources to justify the subsidy request.

Harris developed and prepared the City’s Permanent Local Housing Allocation (PLHA) grant, a five-year grant to provide low-interest loans to develop a veteran housing project, as well as workforce housing throughout the City. Harris provided grant research, identified eligible activities and expenditures, and developed the project descriptions, scope of work, schedule, fiveyear expenditure plan, public outreach material for the City’s website, and staff reports to obtain Council approvals for City staff to submit the application.

Harris continues to assist the City with modifying and
implementing the expenditure plan to use the PLHA funding in coordination with other affordable housing funding, to maintain compliance with reporting requirements, and to submit the required annual streamlined application. Furthermore, Harris assists the City of Hawthorne with a comprehensive approach to matching available funding (in compliance with applicable restrictions) for the highest priority affordable housing efforts, including new construction and rehabilitation of City-owned housing.

Housing Yield Study

CITY OF CORONADO
As part of an as-needed Urban Planning & Environmental
Services contract with the City of Coronado, Harris prepared a Small Lot Housing Capacity Analysis to provide an estimate of the maximum number of housing units that could reasonably be developed on small urban lots in the City. The analysis considered potential housing yield for several scenarios based on lot size and dimensions, density, and parking requirements. The scenarios complied with other applicable City standards for site design and development, such as minimum requirements for open space and setbacks, as appropriate. Harris coordinated with City staff to determine the housing product type, including average unit size, for use in the scenarios.

Harris prepared a draft Housing Capacity Technical Memorandum with a summary of nine scenarios, including 3D model graphics of the potential development. We also provided a qualitative evaluation of whether an increased height allowance that would allow development of an additional story could reasonably provide a greater housing yield for the scenarios (i.e., could additional units be developed with an increased height while still complying with other development standards?).

Harris provided these services and the final deliverable within weeks of the task order, in response to the City’s urgency to use the analysis findings in discussion with the California Department of Housing and Community Development (HCD).
#1..
- 100 -
Harris & Associates, Inc. Firm Experience & Qualifications  8 6th Cycle Housing Element, General
Plan Update and Program EIR

CITY OF VICTORVILLE
Harris prepared the City’s 2021-29 Housing Element, updated the Land Use and Safety Elements, and prepared a new Environmental Justice Element. The Land Use Element and Housing Element were directly correlated early in the planning process to facilitate the sites inventory for the 6th Cycle Housing Element. Harris also prepared environmental documentation, including a Mitigated Negative Declaration in support of the Housing Element and a Program Environmental Impact Report for the Land Use, Safety, and Environmental Justice Elements.

The Land Use Element update for this project included revising the City’s land use designations to better reflect the type of growth desired in the city. To expand housing options and support “missing middle” unit types, two new mixed-use zones were proposed, along with a Small-Lot Overlay Zone and a Health & Wellness Overlay designation. Enhanced public outreach activities included focused sessions with representatives of the Building Industry Association and three virtual community workshops hosted by the City’s Planning Commission.

Harris’ in-house team prepared the Housing Element in
accordance with the updated HCD requirements, as well as the Safety Element and a new Environmental Justice Element, per SB 1000, to address disadvantaged communities within the City.

The Harris team led the community outreach effort, including development and implementation of a public engagement plan.

Harris advised the City to bifurcate the CEQA process to meet the HCD deadline for the Housing Element.

The Housing Element was certified in January 2022, and was one of only six jurisdictions in the SCAG region (out of 197 cities and counties) to have a Housing Element certified by the February 2022 deadline.
6th Cycle Housing Element,
Amended Affordable Housing
Strategy and Implementation Plan
(2019) and Other Housing Services

CITY OF IRVINE
Harris prepared the City’s certified 2021-2029 Housing Element ,involving 60,000 planned housing units. The Housing Element Update required creativity and complex analysis related to the redevelopment of commercial uses to residential to meet these requirements. Per State law, densities for affordable housing sites must adhere to certain requirements, and the location of affordable units must be dispersed throughout the City in accordance with fair housing restrictions. The City of Irvine was the 13th jurisdiction in the SCAG region (out of almost 200) to receive Housing Element certification.

Hitta Mosesman also provided on-call housing services to the City of Irvine for multiple years while with a different firm. These services included:
• Preparation of an Amended Affordable Housing Strategy and Implementation Plan (a component of the Housing Element). • Preparation of the Annual Progress Report (APR) on the Housing Element.
• Creating a first-of-its-kind automated and streamlined housing compliance monitoring database for over 80 affordable housing projects within the City. Data points included affordability/ income requirements, applicable rents, covenant and developer agreement terms, number of units, resident income information, and compliance determination for each project.
• Managing and directing a citywide property and building conditions assessment of every housing unit in the City built after 1980 (as an update to the survey completed for the 2011 Housing Element), and providing results. The assessment measured various building and property conditions and
provided recommendations for low-cost methods to ensure housing stock maintenance in report format.
#1..
- 101 -
Harris & Associates, Inc. Firm Experience & Qualifications  9 Form-Based Code Audit for the
Corridor Redevelopment Plan

CITY OF STILLWATER, OK
The City of Stillwater, Oklahoma created the Corridor
Redevelopment District (CRD, the District) and the Corridor Redevelopment Plan (CRP, the Plan) to encourage innovative development and redevelopment in the area around the Oklahoma State University Main Campus. A form-based code for the District was subsequently adopted as the regulatory framework to implement the physical vision that was proposed in the Plan. However, almost a decade later, there had been limited development in the district and what had been built was not consistent with the type of development envisioned in the CRD and CRP.

The City partnered with the Form-Based Code Institute at Smart Growth America and retained a consultant to conduct an audit of the CRP and form-based code. Prior to joining Harris, Cecilia Kim provided advisory support for the code audit which assessed why the vision was not being realized and what could be done to improve development outcomes in the area.

In general, the regulatory topics and the associated development standards of the current code were not sufficiently clear or comprehensive enough to systematically deliver the vision of the CRP one project at a time. A line-by-line analysis of development standards and guidelines in the Corridor Redevelopment Plan and Form-Based Code was conducted. For each topic, the team analyzed the vision as articulated in the Plan and the way in which that vision translated into enforceable standards in the Form-Based Code, and provided recommended modifications that would help the City better achieve the intended physical outcomes of the Plan’s described vision. The recommendations included high-level refinement of the Code’s organization, topic areas and zones, and the use of zoning overlays in combination with transect zones to further regulate specific elements of new development, such as shopfronts, retail readiness, and neighborhood transitions.

North Tustin Street Specific Plan

CITY OF ORANGE
Tustin Street (SR 34) is a historic six-lane highway lined with strip shopping centers, two car dealerships, and the Village at Orange shopping mall that has recently lost its original anchor tenants, J.C.

Penney and Sears. With SB-2 grant funding, the City of Orange embarked on an effort to prepare a specific plan and form-based code for a two-mile segment of the street in the center of the City.

The plan is intended to define a vision and form-based objective development standards for the rebirth of the mall as a mixed-use center with significant amounts of housing, as well as standards for the evolution of the surrounding streets and other properties along the corridor if and when the economy dictates land use changes to preserve and enhance property values.

Prior to joining Harris, Cecilia Kim led the planning and design team in this effort to engage the community in envisioning the future of the North Tustin Street corridor and creating a plan that would achieve the community’s vision. Cecilia developed a clear community engagement plan detailing the outreach activities for each step in the planning and design process, including targeted interviews, community workshops, online surveys, and City official debriefs. She developed a visually engaging and easy-tounderstand project webpage that included the online surveys, informational videos, and summaries of the input received. Over 900 participants provided input and feedback on the project through the outreach process.
#1..
- 102 -
Harris & Associates, Inc. Firm Experience & Qualifications  10 Development Management &
Financial Engineering

CITY OF TRACY
Since 1987, Harris has continually provided critical management and financial engineering services to this rapidly growing City.

Harris began by providing comprehensive public facilities program and construction management services for the City’s $150 million Capital Improvement Program for two specific plan areas. Since that time, Harris has been responsible for managing the City’s numerous specific plan areas, as well as the City’s master plan area.

Harris has also been responsible for the creation, annual update, and ongoing administration of more than a dozen finance and implementation plans and, more recently, provided oversight on the Citywide Master Plan development and associated impact fees.

Harris has also provided design and construction management of public infrastructure projects. During our long partnership with the City, Harris has facilitated dozens of residential, commercial, and industrial developments, as well as school and park sites, on thousands of acres.

Throughout the years, numerous fee programs have been adopted for the different specific plan areas in the City, creating numerous fee programs and a burdensome fee collection process. Harris was recently successful in combining multiple old specific plan area development impact fees into a single fee program and securing their adoption by City Council. This consolidation streamlines the fee collection process and enables the City to combine the various fund balances in order to complete needed CIP projects.

Comprehensive Development
Impact Fees Study

CITY OF MILLBRAE
Harris assisted the City of Millbrae with the creation of a development impact fee program including general government, park land acquisition and construction, library facilities, mobility, public safety, and recreation services. Previously, the City only had fees for one specific area. The new fees covered the entire City and established the nexus between the extensive redevelopment the City is seeing and the need for new facilities.

Harris also assisted with an inclusionary housing in-lieu fee and commercial linkage fee. The inclusionary housing in-lieu nexus study analyzes the development costs, affordable rents and purchase prices, job generation, and affordability gaps. The commercial linkage fee analyzes non-residential development and the associated employment with the need for affordable housing.

The City of Millbrae did not have a citywide development impact fee program in place; therefore, Harris needed to do extensive public outreach and attend several City Council meeting to explain the development impact fees and present the study findings. This approach helped make sure that everyone understood the study and that it was successfully adopted by the City Council. Harris was able to gain support for the new fees, which were adopted in June 2020.
#1..
- 103 -
Harris & Associates, Inc. Firm Experience & Qualifications  11 On-Call Planning Services

CITY OF MARINA
Harris is providing planning support services to the City of Marina. In this role, Harris staff have served as an extension of City staff by updating planning processes/systems, working with the public at the front counter, updating land use-related applications/ forms, and processing Discretionary Permits for various project types throughout the City.

Marina is a small jurisdiction experiencing sustained growth with minimal staffing levels, and Harris has a history of providing staff support to assist in the processing of current and long-range planning services. Harris is responsible for application review and compliance determination with applicable general plan, zoning code, and individual land use and area plan requirements. Harris is also responsible for CEQA compliance determination (exemptions and initial studies); preparing staff reports and resolutions with findings and evidence; developing conditions of approval, public hearing notices, and presentations; receipt, review, and coordination of public comments (pre-hearing); and post-hearing document finalization including CEQA Notices of Exemption (NOEs) or NODs, as well as condition changes/amendment and resolution amendments. Harris assisted in the development of a City web page containing information on the establishment and permitting of Accessory Dwelling Units (ADUs). The team also tracks individual projects throughout all appeal periods.

Harris has managed projects from application to public hearing, with minimal supervision and within budget.

Planning Support Services/Staff
Augmentation

CITY OF SAN JUAN BAUTISTA
Harris has provided planning support and staff augmentation services to the City of San Juan Bautista since November 2019.

David Mack serves as the Principal Planner for all development applications [administrative permits, design review permits (major and minor), subdivision applications, conditional use permits, and historic alternation permits], CEQA document preparation and/ or peer review, public hearings, staff report preparation, building permit review, information inquiries, and code enforcement/ compliance inspections. David has also served in a mentor role for lower-level staff, provided training, and assisted in implementation of permit streamlining efforts and updating of the recently acquired electronic permitting system.

David has also been instrumental in assisting the City with the clean-up of various permits which had become stagnant and/or controversial. Immediately upon reporting to the City, David was able to quickly review a Conditional Use Permit proposing mixed-use development (retail/residential) and restoration of a key historic structure within the Downtown of San Juan Bautista. Through the process, David worked with the Developer, City staff, and concerned stakeholders to quickly obtain project revisions and historic analysis/reports, perform a CEQA analysis, and move the project to hearing, ensuring compliance with the Secretary of the Interior Standards for rehabilitation/restoration of a historic structure.

Harris also assisted the City with grant applications (LEAP and SB2) and implementation, provided a draft Accessory Dwelling Unit ordinance to comply with recent State law changes, and performed analyses related to the City’s inclusionary housing requirements. #1..
- 104 -
Harris & Associates, Inc. Firm Experience & Qualifications  12 References

1. Scott Webb, City Planner
City of Victorville
760.955.5135
[email protected]
Mr. Webb was Harris’ client for the City’s 2021-29 Housing Element, update of the Land Use and Safety Elements, and preparation of a new Environmental Justice Element.

2. Mark Slovick, Deputy Director
County of San Diego
619.517.8067
[email protected]
Mr. Slovick is Deputy Director and manages the Current Planning and Land Development Divisions for the County of San Diego, Planning & Development Services (PDS). Mark has worked with Darin Neufeld as a supervisor and colleague for approximately eight years. Mark and Darin have presented at Planning Commission and Board of Supervisors hearings together on over 20 controversial projects.

3. Jesse Brown, Senior Planner
City of Coronado
619.522.2415
[email protected]
Mr. Brown worked closely with Cecilia Kim to develop and refine the parameters for the housing yield study conducted by Harris. Using this information, he is in discussion with HCD on an approach for their Housing Element Update that takes into consideration the City’s unique built pattern.
“As the demand for Community Development rises and falls, it is great to have strong private partners like Harris on board to help out. The City sought technical help in Community Development from Harris in the fall of 2019... They have helped us make many critical deadlines and have become familiar with the City’s Commissioners. They are definitely part of our team here in San Juan Bautista.” —Don Reynolds, City Manager, City of San Juan Bautista
#1..
- 105 -
Harris & Associates, Inc. Project Team  13
Harris provides a wide range of planning services and offers in-house professional staff services to complete all tasks indicated in the RFQ/P and as described in our Proposed Services. We bring together people from diverse practice areas, offering capability and connectivity. The Harris team included in this proposal is comprised of key team members experienced in the proposed service areas. In addition to these key staff, we have a deep bench of employees available for additional assistance as needed. Above all, we work in partnership with our clients to enhance local communities and achieve their vision and shared goals for the future.

Principal-in-Charge Darin Neufeld, AICP has over 16 years of planning, environmental, and sustainability experience with public agencies and private consulting firms. He has managed complex projects including general plan amendments, community plans, climate action plans, and large-scale renewable energy projects.

Project Manager Cecilia Kim, PhD will serve as the Key Staff Contact for this project.

Cecilia can hit the ground running and provide a wide range of planning support services seamlessly and efficiently. She is an experienced planner known for her commitment to project goals and her ability to lead projects successfully to completion, as she has for projects in the Cities of Hawthorne, Rancho Cucamonga, Orange, and San Diego, as well as the County of Monterey. Cecilia is currently managing the General Plan Update (GPU) for the County of Monterey and the City of Irvine, is leading the community engagement for the County of Monterey GPU, and will lead development of the Land Use and Community Design Element for the City of Irvine GPU.

Client Manager Alison Bouley, PE has over 20 years of experience in municipal finance experience, with a focus on development impact fees. She has extensive experience in crafting fee programs that meet the economic and financial goals of the City, without overly burdening new development.

Local Advisor Tamorah Bryant, PE has 22 years of experience in infrastructure and land development, 10 of which were spent working for the City of Modesto. She has practical design, leadership, and management experience in residential and commercial land development, transportation, water resources, distribution systems, wastewater and storm drainage treatment and collection systems, well rehabilitation, environmental assessment, remediation, and research and development experience in the field of wastewater treatment. She has worked for and with public agencies, consultants, and manufacturing companies..

PROJECT TEAM
“Harris staff consistently
brings a high level
of professionalism,
experience, skill,
collaboration, and
resourcefulness to the
project team.”
- Enrique Saavedra,
Assistant Public Works Director,
Monterey County
#1..
- 106 -
Harris & Associates, Inc. Project Team  14
Municipal Planning Services
Housing
Hitta Mosesman 🔑
Irlanda Martinez 🔑
Dima Galkin 🔑
Kyle Westra
Lynnete Guzman
Nathanial Cayabyab
Planning & Design
Cecilia Kim, PhD 🔑
Alec Barton, AICP
Lindsey Squirewell
Fee Analysis/Nexus Studies
Alison Bouley, PE 🔑
Megan Quinn, MBA
Adam Marston
Joel Nagamine, PE
Community Engagement
Cecilia Kim, PhD 🔑
David Mack, AICP 🔑
Alec Barton, AICP
Code Audit & Update
Cecilia Kim, PhD 🔑
Lindsey Squirewell
Staff Augmentation
David Mack, AICP 🔑
Joseph Sidor
Alec Barton, AICP
Grant Writing
Dima Galkin 🔑
Kelly Morgan
Lynnete Guzman
Nathaniel Cayabyab
Environmental Review
Kate Elliott 🔑
William Halligan, ESQ. 🔑
Sharon Toland
Esther Daigneault
Sustainability
Darin Neufeld, AICP 🔑
Sydnie Margallo
Support Services
Graphic Design
Joseph Ramot, quals
GIS/Mapping
Randy Deodat, quals
Technical Editing
Lindsey Messner, quals
Principal-in-Charge
Darin Neufeld, AICP 🔑
Project Manager
Cecilia Kim, PhD 🔑
Local Advisor
Tamorah Bryant, PE 🔑
Client Manager
Alison Bouley, PE 🔑
Key Personnel
Organizational Chart
Harris has assembled the following team to provide professional municipal planning services as indicated in the RFQ/P. When a specific scope is identified, Harris will assign team members that would best serve the City for the task. A brief summary of the experience of key team members and their length of time employed with the firm is provided on the following pages. #1..
- 107 -
Harris & Associates, Inc. Project Team  15
Darin Neufeld, AICP

PRINCIPAL-IN-CHARGE

EDUCATION
BA, History
MA, Urban History

2.5 years with Harris
Darin has over 16 years of experience in environmental planning and project management, eight of those working for lead agencies.

He specializes in CEQA compliance and has experience with master-planned communities, commercial/retail, industrial, renewable energy, climate action planning, and long-range planning projects. Darin manages complex projects including GP amendments, community plans, safety elements, vulnerability assessments, CAPs, and large-scale renewable energy projects.

RELEVANT EXPERIENCE
• City of Vista, Climate Action Plan Initial Study/Negative Declaration. Project Manager/Author.
• City of Victorville, General Plan Update Program EIR.

Safety Element Author.
• County of San Diego, Climate Action Plan Update
Supplemental Environmental Impact Report (SEIR) Services.

Project Manager.
• County of San Diego, Climate Action Plan. Project Manager for SEIR/Lead SEIR Reviewer and Author.
• City of Watsonville, Climate Action and Adaptation Plan (CAAP). Project Manager.
• City of Victorville, General Plan Annual Progress Report (APR). Project Manager.
• City of Santee, Environmental Justice and Safety Element Update. Environmental Justice and Safety Element Lead.
• County of San Diego, Staff Support Services. Project
Manager.
• City of Walnut Creek, Staff Support Services. Project Manager.
• City of Walnut Creek, Sustainability Action Plan. Strategic Advisor.

Cecilia Kim, PhD

PROJECT MANAGER & PLANNING/CODE/COMMUNITY ENGAGEMENT SPECIALIST

EDUCATION
PhD, Planning, Policy, & Design
MPL, Planning
ME, City Planning
BE, Urban Engineering

1.5 years with Harris
Cecilia has nearly 20 years of experience in urban planning and design. She specializes in placemaking, communicative planning, and use-based and form-based codes. Her diverse background and experience in land use, transportation and urban form analysis, sustainability policy and planning, and community engagement all contribute to her skills in creative problem solving and constant innovation in creating sustainable places of all types and scales..

RELEVANT EXPERIENCE
• County of Monterey, General Plan Update and EIR.

Community Engagement/Zoning Lead.
• City of Irvine, General Plan Update and EIR. Project
Manager/Land Use and Community Design/Zoning Lead .
• City of Rancho Cucamonga, General Plan Update. Project Manager/Senior Planner/Designer.
• City of Orange, North Tustin Street Specific Plan. Project Manager/Senior Planner/Designer.
• City of Ontario, The Ontario Plan Update 2050. Project Manager/Senior Designer.
• City of Stillwater, OK, Form-Based Code Audit for the Corridor Redevelopment Plan. Advisor.
• City of Fullerton, CollegeTown Visioning and Specific Plan.

Project Manager/Senior Planner/Designer.
• City of Tustin, Tustin Legacy Specific Plan. Project Manager/ Senior Designer.
• City of Long Beach, Southeast Area Specific Plan 2060.

Senior Designer.
• City of Santa Ana, Harbor Mixed Use Transit Corridor
Specific Plan and EIR. Planner/Designer.
• Southern California Association of Governments,
Envisioning Chino: Implementing the 2025 General Plan.

Designer.
#1..
- 108 -
Harris & Associates, Inc. Project Team  16
Alison Bouley, PE

CLIENT MANAGER

EDUCATION
BS, Engineering Management
BS, Civil Engineering
22 years with Harris
Alison has 22 years of experience in managing the programming and financing of public infrastructure improvements. These improvements include wastewater treatment, wastewater
collection, water treatment, water supply, water distribution and storage, storm drainage, roadways, traffic signals, parks, and public buildings. The financing includes Assessment Districts, Mello-Roos CFD bonds, and development impact fees in accordance with AB1600. She has been involved in projects starting at project inception, including the development of the master plans, specific plans, EIRs, and finance plans, through the final close-out of the project. Alison has been responsible for preparing development impact fee reports, budget and cash flow reports, development agreements, and staff reports, and for giving presentations to the community and elected officials.

Alison has also assisted with verifying and determining eligible reimbursements due to developers for construction of facilities financed through bond proceeds. This effort also includes coordination of various consultants, special bond consultants, bond counsel, and outside agencies.

RELEVANT EXPERIENCE
• City of Stockton, Master Infrastructure Plans and Public Facilities Fee Study. Project Director.
• City of Lodi, Master Plans and Development Impact Fee Update. Project Manager/Project Director.
• City of Millbrae, Comprehensive Development Impact Fees Study. Project Director.
• City of Tracy, Program Management Services. Project
Manager.
• Mountain House Community Services District, Community Facilities Fee, Transportation Improvement Fee Updates, and Annexation Fee. Project Manager.

Tamorah Bryant, PE

LOCAL ADVISOR

EDUCATION
BS, Engineering
7 months with Harris
Tamorah Bryant has 22 years of experience in infrastructure and land development, 10 of which were spent working for the City of Modesto. She has practical design, leadership, and management experience in residential and commercial land development, transportation, water resources, distribution systems, wastewater and storm drainage treatment and collection systems, well rehabilitation, environmental assessment, remediation, and research and development experience in the field of wastewater treatment. She has worked for and with public agencies, consultants, and manufacturing companies.

RELEVANT EXPERIENCE
• City of Modesto, Community & Economic Development.

Assistant City Engineer.
• City of Modesto, 5-Year Transportation Plan. Project
Manager.
• City of Modesto, Neighborhood Traffic Control Program.

Project Manager.
• City of Modesto, Water Master Plan. Project Manager/Senior Civil Engineer.
• City of Modesto, Tank 6 Recoat & Repairs. Project Manager/ Project Engineer.
• City of Modesto, Codoni Transmission Mains. Project
Manager/Project Engineer.
• City of Modesto, Destruction of Wells 4, 8, 19, 32, 36, 44, 226 & 229. Project Manager/Project Engineer.
• Modesto City Schools, Joseph A. Gregori School Site. Project Engineer.
#1..
- 109 -
Harris & Associates, Inc. Project Team  17
David Mack

STAFF AUGMENTATION LEAD & COMMUNITY ENGAGEMENT SPECIALIST

EDUCATION
BA, Environmental Studies

3.5 years with Harris
David has more than 15 years of experience in community development and environmental planning. His planning
experience includes facilitating planning permit compliance and review; analyzing, preparing, and reviewing CEQA documents, including NDs, MNDs, and EIRs; and processing and reviewing proposed development projects, including general plan
amendments, specific plans, and rezoning requests..

RELEVANT EXPERIENCE
• City of San Juan Bautista, Planning Support Services/Staff Augmentation. City Planner (Contract).
• County of Humboldt, Planning Support Services (Cannabis Applications)/Staff Augmentation. Project Manager.
• County of Monterey, General Planning/CEQA Compliance.

Planner.
• County of Monterey, Domain Corporation (Ferrini Ranch).

Planner.
• County of Monterey, Walter Properties LLC (Carmel
CanineSports Center). Planner.
• City of Marina, Coastal Development Permit for the
California-American Water (Cal-Am) Slant Well
(Desalination Plant). Lead Planner.
• City of Marina, Seacrest Apartments (Taormina) Specific Plan and Combined Development Permit. Lead Planner.
• City of Marina, Shores at Marina (Owhadi) Specific Plan and Combined Development Permit. Lead Planner.
• City of Marina, Veteran’s Transition Center and Combined Development Permit. Lead Planner.
• City of Marina, Downtown Vitalization Specific Plan. Staff Liaison/Staff Planner.
• City of Watsonville, Lee Road Trail IS/MND. Environmental Analyst.

Hitta Mosesman

HOUSING LEAD

EDUCATION
BA, Economics (Minor in Business
Management)

3.5 years with Harris
Hitta has over 20 years of housing and community development consulting experience and has worked with cities, public agencies, and special districts throughout California. Hitta has unique expertise that ranges from planning to economic and financial analysis, to project implementation related to housing and other land uses. She is currently leading services for the cities of Walnut Creek, Irvine, Victorville, Hawthorne, Duarte, Bellflower, and Garden Grove on housing elements as well as analyzing tools to produce affordable housing projects and implementing affordable housing projects. Hitta’s depth of expertise is not only in the planning, but also in the financial feasibility and effective implementation of affordable housing, which allows her to provide a thorough viewpoint for the lifecycle of addressing the housing crisis.

RELEVANT EXPERIENCE
• City of Walnut Creek, 6th Cycle Housing Element. Principalin-Charge. • City of Millbrae, 6th Cycle Housing Element. Principal-inCharge. • City of Irvine, General Plan Update (including 6th Cycle Housing Element Update) and Housing Consulting Services.

Principal-in-Charge.
• City of Victorville, General Plan Update (including 6th Cycle Housing Element). Principal-in-Charge.
• City of Hawthorne, Affordable Housing Advisory Services.

Principal-in-Charge.
• City of Garden Grove, Affordable Housing Services.

Principal-in-Charge.
• City of Duarte, Housing Consulting Services. Project
Manager.
• City of Bellflower, Homeless Shelter Advisory Services.

Project Manager.
#1..
- 110 -
Harris & Associates, Inc. Project Team  18
Dima Galkin

GRANT WRITING LEAD & HOUSING SPECIALIST

EDUCATION
MA, Master of Planning
BA, Urban Studies and Political
Science

2.5 years with Harris
Dima has more than nine years of experience in housing analysis for both market-rate and affordable development. He has advised numerous cities and a regional housing trust on securing and leveraging funding for affordable housing, reviewed pro formas, prepared and edited loan agreements and related documents, and assisted with Housing Element and General Plan updates. Dima’s experience includes a year working directly for the City of Santa Monica’s Housing Division.

RELEVANT EXPERIENCE
• City of Walnut Creek, 6th Cycle Housing Element. Project Advisor.
• San Gabriel Valley Regional Housing Trust and San Gabriel Valley Council of Governments, Housing Consulting
Services. Project Manager.
• City of Hawthorne, Affordable Housing Advisory Services.

Project Manager.
• City of Victorville, General Plan Update (including 6th Cycle Housing Element Update) and Housing Consulting Services.

Project Manager.
• City of Santa Monica, Housing Division Staff Member/LHTF Application and Senior Development Analyst Backfill. Senior Development Analyst/Project Manager.
• City of San Juan Bautista, Housing Grant Application.

Project Advisor.

Irlanda Martinez

HOUSING SPECIALIST

EDUCATION
BA, Economics, Minor in Labor
Studies
3 years with Harris
Irlanda has experience navigating projects related to affordable housing, public finance, community development, economic development, and successor agency administration. She combines her professional background with her experience in community advocacy to help communities grow in equitable ways. Irlanda’s expertise includes affordable housing compliance monitoring, development impact fee analyses, fiscal and economic impact analyses, and successor agency administration, among others.

Irlanda is also a Tax Credit Specialist and has in-depth knowledge of HUD 4350.3 Rev-1 and LIHTC guidelines and regulations.

RELEVANT EXPERIENCE
• City of Walnut Creek, 6th Cycle Housing Element. Project Manager.
• City of Millbrae, 6th Cycle Housing Element. Project
Manager.
• City of Victorville, 6th Cycle Housing Element and
Environmental Justice Element. Deputy Project Manager/
Technical Lead.
• City of Hawthorne, On-Call Affordable Housing Compliance and Agreement Advisory Services. Senior Analyst.
• City of Irvine, 6th Cycle Housing Element. Analyst.
• City of San Juan Bautista, Housing Grant Application.

Senior Housing Analyst.
• Various Municipalities, Housing Annual Reports. Senior Analyst.
• Various Municipalities, Affordable Housing Compliance Monitoring. Senior Analyst.
#1..
- 111 -
Harris & Associates, Inc. Project Team  19
William (Bill) Halligan, Esq.

ENVIRONMENTAL REVIEW SPECIALIST

EDUCATION
JD, Law (Emphasis: Environmental,
Land Use and Real Estate Law)
BA, Social Ecology (Emphasis:

Environmental Analysis and Design)
2 years with Harris
An environmental practitioner and attorney with more than 30 years of experience in private- and public-sector planning, Bill has prepared hundreds of environmental documents for a diverse range of projects throughout California. Throughout his career, Bill has leveraged his specialty in land use and environmental law to help agencies continually withstand legal challenges related to CEQA. In addition to CEQA documentation, Bill also provides third-party review for legal adequacy of EIRs prepared by other consultants. His diverse background provides him with a unique understanding of planning and zoning law, CEQA, and the National Environmental Policy Act (NEPA). Bill’s notable projects include EIRs for the Anaheim General Plan/Zoning Code Update, The Platinum Triangle and Honda Center for the City of Anaheim, the award-winning LA County General Plan, and the The Ontario Plan and Citywide Greenhouse Gas (GHG) Inventory. For the latter, Bill was involved in extensive discussions and negotiations with the State Attorney General’s office regarding the analysis of GHG emissions in project EIRs.

RELEVANT EXPERIENCE
• City of Los Alamitos, General Plan Update and EIR. Project Director/Project Manager.
• County of Los Angeles Department of Regional Planning, Los Angeles County 2035 General Plan EIR. Project Director/ Project Manager.
• City of Irvine, Irvine Business Complex (IBC) Vision Plan and EIR. Project Director/Project Manager.
• County of Los Angeles, Antelope Valley Area Plan (AVAP) EIR. Project Director/Project Manager.
• Orangethorpe Investment Partners, LLC, Placentia MixedUse Project CEQA Documentation Addendum. Project Manager.
• New Anaverde, LLC/Brooks Street Development, Anaverde Nuevo Specific Plan EIR Addendum. Project Manager.

Kate Elliott

ENVIRONMENTAL REVIEW LEAD

EDUCATION
MA, Urban Geography
BA, Geography
7 years with Harris
Kate has more than 30 years of experience in project management of California Environmental Quality Act (CEQA) and National Environmental Policy Act (NEPA) environmental compliance documents for development and infrastructure projects,
including complex and controversial projects. Her infrastructure experience includes pedestrian/bicycle trail, roadway, bridge, water, sewer, and pipeline projects. Her development experience includes residential, mixed use, park, and recreation projects.

Kate has led large multidisciplinary teams of technical specialists, subconsultants, and vendors. Kate’s duties as Director of the Environmental Planning & Compliance team include Harris team oversight, coordination, and Quality Assurance (QA)/Quality Control (QC) review of environmental documents, technical reports, and other work products, leveraging her experience and institutional knowledge.

RELEVANT EXPERIENCE
• City of Salinas, HUD NEPA Review. Project Manager.
• Santa Cruz County Regional Transportation Commission, North Coast Rail Trail Project Environmental Impact Report (EIR). Project Manager.
• Transportation Agency for Monterey County, Fort Ord
Regional Trail and Greenway EIR. QA/QC Reviewer/CEQA
Advisor.
• Monterey County, Pebble Beach Development and
Preservation EIR. Project Manager.
• Monterey County, Pebble Beach Inclusionary Housing EIR; Town of Discovery Bay, New Well 9 and Pump Station EIR
Addendum. Project Manager.
• Santa Cruz County, Buena Vista Landfill Closure and
Transfer Station EIR. Project Manager.
• City of Watsonville, Lee Road Trail IS/MND. Project
Manager.
#1..
- 112 -
Harris & Associates, Inc. Services & Cost Proposal  20 Harris understands that the City of Modesto seeks to secure the services of an experienced planning consulting firm that can support the City’s Community and Economic Development Department, Planning Division in preparing planning studies, conducting in-depth public outreach and engagement, reviewing and updating the Municipal code, coordinating with State agencies, and other related projects and tasks.

This section provides a sample of services per the RFQ/P, including general scopes and deliverables, to help demonstrate Harris’ understanding, capabilities, qualifications, and cost-effectiveness.

It is important to note that the proposed services are described at a high level and are subject to change based on the needs of the City or any changes to state law. The scopes and deliverables can be adjusted and further details provided as needed, based on City preferences and mutual agreement.

1. Planning Studies & Reports
1A. HOUSING-RELATED EFFORTS
The Harris team will prepare studies and reports for housingrelated tasks as needed by the City that include, but are not limited to, the following tasks.

Development Feasibility Analysis
Harris will conduct feasibility studies for potential developments, including housing yield studies, proforma analyses, and market studies. The housing yield study will include a review of pertinent site development regulations and current market trends to develop a realistic and marketable site plan for development.

SERVICES & COST PROPOSAL
Harris will also conduct proforma analyses of the potential development to estimate the costs and compare them to the value generated by the development. Our analyses will include a consideration of all available funding sources that can be leveraged, such as multi-housing bonds, low-income housing tax credits, HOME funds, and other public funding sources.

Deliverables:
• One (1) Draft and One (1) Final Development Feasibility Report, Including Site Plan nd Proforma Analysis.

Inclusionary Housing Studies and Incentives
Harris will provide inclusionary housing studies, including nexus analyses, to project the affordable housing need generated by the development of market-rate housing or commercial space. We will also assess the feasibility of inclusionary housing requirements, including in-lieu fees, to determine whether the market conditions are supportive of the resulting costs of these requirements.

Deliverables:
• One (1) Draft and One (1) Final Inclusionary Housing Study Report.

Compliance and Reporting
Harris will prepare annual progress reports for housing elements, annual Senate Bill (SB) 341 reports for housing successor agencies to former redevelopment agencies, and annual housing authority reports, and will conduct compliance monitoring for existing affordable units. We can also provide a peer review of affordable housing development proposals to analyze the feasibility of #1..
- 113 -
Harris & Associates, Inc. Services & Cost Proposal  21 development assumptions, ensure compliance, and confirm that all available public funding sources have been leveraged effectively. Once a developer is selected, we can assist the City with negotiations and the drafting of development agreements with requirements that set projects up for success.

Deliverables:
• Annual Progress Report for Housing Element.
• Annual SB 341 Report.
• Annual Housing Authority Report.
• Compliance Monitoring Report.
• Development Application Review, Including Negotiations and Draft Development Agreements.
1B. HOUSING ELEMENT UPDATE (HEU)
Harris understands that the City prepared a Housing Plan, finalized in August 2022, to inform the Housing Element update and has selected a consultant to complete the Housing Element update. The following services describe Harris’s approach to preparing a Housing Element update. Our familiarity with Housing Elements enhances our ability to implement actions identified in the Housing Plan.

Housing Element Review
The Harris team will closely review the current Housing Element and other relevant City documents to develop a detailed understanding of the City’s current housing landscape in addition to its unique strengths, challenges, and outstanding needs. After reviewing the Housing Element, Harris will schedule a meeting with City staff to discuss findings, ask questions, discuss the City’s goals for implementation beyond compliance, establish tentative deadlines, and discuss any expected challenges.

Deliverables:
• One (1) Draft and One (1) Final Housing Element Review Section (to be Incorporated into the Administrative Draft HEU).

Existing Conditions Analysis
Harris will work with City staff to assess housing needs and develop a community profile that satisfies HCD requirements for describing existing conditions and needs. We will also research, identify, and document all available programmatic, physical (land), and financial housing-related resources, as well as consider Affirmatively Furthering Fair Housing in the Housing Element’s assessment of housing resources [pursuant to Assembly Bill (AB 1304)]. A standalone section for at-risk affordable units will be drafted that identifies existing income-restricted and assisted housing developments that are eligible to change designation from very low-, low-, and/or moderate-income housing (i.e., at-risk units) during the Housing Element planning period, including a cost analysis for extending covenants and replacing the units.

Harris will also prepare an Affirmatively Furthering Fair Housing (AFFH) document that meets the mandated requirements and standards set by the HUD AFFH Rule and AB 686, and add it as a component of the Housing Element. Due to the importance of this document, we recommend that it be an appendix to the HEU to designate it as a standalone document.

In addition, Harris will conduct an adequate sites analysis to demonstrate the relationship between the City’s Regional Housing Needs Allocation (RHNA) and the dwelling unit capacity, as well as the availability of potential housing sites based on Zoning and General Plan policies, requirements, and limitations. The Harris team will work with the City to identify approaches to fulfill RHNA requirements, including accessory dwelling units, lot consolidation, City-owned land, and non-vacant sites. All elements of this task will include all analysis needed to comply with recent updates to State housing laws. Harris will prepare a draft and final RHNA Land Inventory spreadsheet containing the State-mandated data for all sites that meet the required criteria, including additional parcels (as needed) as a buffer for very low- and lowincome units.

Harris will identify potential and actual governmental and nongovernmental constraints and impediments to housing
production, maintenance, and improvement. Where constraints exist, Harris will identify housing programs to mitigate or remove constraints (where appropriate and legally feasible) or identify why mitigation is not feasible. Finally, Harris will work with City staff to synthesize public and stakeholder input, City Council and Planning Commission direction, the needs and constraints analyses, and the AFFH to formulate a Housing Plan with housing goals, policies, programs, and actions, as well as quantified objectives to address all clear and perceived impediments to housing. The Housing Plan will be in compliance with SB 1000 (environmental justice), AB 162 (as applicable), and the requirements of Government Code Section 65583(b) and (c).

Deliverables:
• One (1) Draft and One (1) Final Community Profile, AFFH, Site Inventory, Housing Constraints and Housing Plan Sections (to be Incorporated into the Administrative Draft HEU).

Draft Housing Element Preparation
The Harris team will prepare a succinct, user-friendly Draft HEU that satisfies legislative and regulatory requirements, is innovative and forward-thinking in its approach, and incorporates all sections prepared in previous tasks. Harris will submit each section to City staff prior to the assembly of the completed draft in order to #1..
- 114 -
Harris & Associates, Inc. Services & Cost Proposal  22 provide manageable review times for City staff. Under this task, sections that have been reviewed by City staff and revised by Harris will be assembled into a complete document that contains all requirements under state law.

Harris will assist City staff with setting up calls with HCD near the end of HCD’s 90-day review period to walk through any findings to obtain clarity on specific data sources and language HCD desires.

Harris will work closely with City staff and HCD to respond to comments received from the public and HCD, and make related edits to the document.

In addition to the HEU drafts, Harris will prepare one (1) draft and one (1) final presentation and attend Planning Commission and City Council public hearings to receive the Draft Housing Element.

Deliverables:
• One (1) Administrative Draft for City Staff and Legal Counsel Review and Comment.
• One (1) Draft Housing Element for Public Distribution (Incorporating Staff Comments) for Submission to Planning Commission and City Council Prior to the First Submission to HCD.
• Two (2) Additional Draft Housing Element Sections
Incorporating Edits/Other Information per HCD Findings. • One (1) Draft and One (1) Final Presentation for Planning Commission and City Council Public Hearings.

Final Housing Element Preparation, Adoption, and
Certification
Upon confirmation from HCD that the Revised Draft HEU is in substantial compliance with state law, Harris will produce a draft Final Housing Element for adoption and will present the document to both the Planning Commission and City Council at public hearings. Harris will also prepare one (1) draft and one (1) final presentation for the public hearings.

Harris will prepare the Final Housing Element (including any changes from the public hearings) in Microsoft Word and PDF formats and will submit the document to HCD for final certification. Harris will help coordinate the Housing Element certification with HCD to achieve full compliance with the State housing element law after adoption by the City.

Deliverables:
• One (1) Draft and One(1) Final Version of the Housing Element Update.
• One (1) Draft and One (1) Final Presentation for Public Hearings. 1C. SPECIFIC PLANS
Existing Conditions Analysis
Harris will coordinate with City staff to identify and gather existing relevant planning documents, technical studies, and GIS data. The Harris team will prepare a working draft base map of the Plan Area, and, in anticipation of the kick-off meeting, conduct an initial high-level review of existing conditions and background documents, including the General Plan, Zoning Code, and other applicable planning documents. We will then meet with City staff to discuss the overall project work plan, identify Specific Plan goals, and conduct a tour of the Plan Area.

After the kick-off meeting, Harris will begin careful analysis of the Plan Area as it is and identify opportunities for, and potential constraints to, beneficial change. This includes reviewing and summarizing relevant plans and regulations in effect, existing and historic physical development patterns, current economic conditions and market potential, and current and planned transportation and mobility systems and services. At the approval of the City, Harris may retain subconsultants that have the expertise and experience in service areas such as transportation and mobility, infrastructure, and others as needed. The Harris team will prepare a concise report and presentation summarizing existing conditions, analyses, findings, and opportunities to inform the land use alternatives and community design framework for the Plan Area.

Deliverables:
• Draft Base Map of Plan Area.
• Kick-off Meeting Agenda and Summary Memorandum,
Including Refined Project Work Plan.
• One (1) Draft and One (1) Final Existing Conditions Analysis Report and Presentation.

Community Engagement & Visioning
Harris will engage City leaders, City staff, and the community in envisioning the possibilities for the Plan Area and ascertaining the level of community interest in potential land use, urban design, and transportation changes in the Plan Area. While this task follows structure similar to that described in Task 2. Public Outreach and Engagement, we anticipate that community engagement would be interspersed throughout the process of developing land use alternatives and the community design framework, as well as while preparing the Specific Plan, to allow the community to provide input at key points of the planning process.

Deliverables:
• One (1) Draft and One (1) Final Community Engagement Plan. • Outreach Activities, Including Agendas, Collateral Materials, and Summary Memoranda.
#1..
- 115 -
Harris & Associates, Inc. Services & Cost Proposal  23 Land Use Alternatives and Community Design
Framework
Based on findings from the existing conditions analysis and input and direction received from City leaders, City staff, and the community, Harris will define initial concepts for streetscape and public space improvements, adaptive reuse and infill development typologies, transit connections and benefits, and other key strategies for (re)development of the Plan Area. The result of this work will be a Draft Community Design Framework that organizes the Plan Area into unique “place types” based on a variety of existing and potential neighborhood characteristics. Harris will prepare a series of presentation slides for each Place Type that include a brief summary and illustrations (i.e., initial urban design visualizations and precedent imagery) to describe a potential range of uses, mix of uses, building scale and development intensity, pattern and connectivity of the public realm, and architectural and urban scale and character.

Based on the feedback received on the Draft Community Design Framework and supporting vision illustrations, the Harris team will then define up to three land use alternatives, refining the mapping of the identified Place Types and narrowing in on the intended degree/type of change anticipated for each part of the Plan Area.

The alternatives will be diagrammed and illustrated in map form, with illustrative vignettes of key areas in plan and section/ perspective sketch views, as appropriate. For each alternative, a summary of development potential will be provided in tabular form, including non-residential square footages and dwelling unit counts for a range of potential housing types.

Based on input and feedback from City Staff, City leaders, and the community, the Harris team will converge upon a preferred land use and community design alternative that presents a clear picture of the intended physical, functional, and economic evolution of the Plan Area. This preferred alternative will be the basis of the Vision and the Land Plan of the Specific Plan, and will directly inform the Project Description studied by the EIR. It is worth noting that the preferred alternative will define a range of potential use mixes and intensities for the Plan Area and will not be a single static “project design” for any portion thereof, as the nature of a plan is distinct from a development project.

Deliverables:
• One (1) Draft Presentation of Initial Concepts and
Visualizations.
• Up to Three (3) Draft Land Use Alternatives.
• One (1) Preferred Alternative.
• Development Program for EIR Project Description.

Specific Plan Preparation
Harris will first prepare a detailed outline for the Specific Plan, including an implementation framework, for review and approval by City staff. Based on the approved outline, the Harris team will prepare an administrative draft of the Specific Plan that meets the requirements of Government Code §65450-65457. We suggest a structure generally as below but will be flexible to ensure that its organization and contents meet the City’s needs and preferences.

This illustration portrays
the community’s
vision for a buffer and
transition along a local
street between new
mixed-use development
and an existing
residential neighborhood.

Project: North Tustin Street
Specific Plan
#1..
- 116 -
Harris & Associates, Inc. Services & Cost Proposal  24 • Introduction and Purpose
• Vision and Guiding Principles
• Land Use and Urban Form
• Public Realm, Transportation, and Infrastructure
• Plan Administration and Implementation
The Team will submit an Administrative Draft, Screen-check Draft, and Public Review Draft Specific Plan to City staff for review and will participate in conference calls and screen-share sessions to review and discuss staff questions and comments. Each draft iteration will incorporate comments from staff, City leadership, and the community as applicable. We expect that City staff will compile public comments and provide clear direction to Harris on how to implement specific changes. All drafts will be provided in InDesign, Word, and PDF format.

Deliverables:
• One (1) Draft Specific Plan Outline.
• One (1) each: Administrative Draft, Screen-check Draft, and Public Draft Specific Plan.

CEQA Documents
The Harris team will prepare an Environmental Impact Report evaluating the Specific Plan and any associated actions, including any amendments to the City’s General Plan or zoning ordinance.

Harris will first prepare a Notice of Preparation (NOP) for the EIR containing all information required by Section 15082 of the CEQA Guidelines. We will submit a draft NOP to the City for review and revise this draft in response to any comments, and will prepare and distribute the finalized NOP for the required 30-day review period to all parties on the distribution list provided by the City.

Harris will prepare Project Notification letters for the City to send to Native American Tribes on the City’s AB 52 Notification List.

Harris will also assist City staff in organizing and conducting a public scoping meeting, including preparing a presentation on the project’s environmental review process, a project information handout, and comment forms.

Harris will prepare a project description including all items required by Section 15124 of the CEQA Guidelines. Based on the characteristics of the Specific Plan and a preliminary review of the potential impacts of the project, a preliminary range of reasonable alternatives that could feasibly meet the project objectives while reducing or avoiding likely significant impacts will be provided for review and discussion. These alternatives will be finalized in response to the City’s comments and incorporated into the Administrative Draft EIR.

The Harris team will prepare an Administrative Draft EIR evaluating the impacts of the Specific Plan and related actions.

The analysis will address any specific sites, to the level of detail on future development included in the Specific Plan, to streamline the environmental review of subsequent individual development projects in the Specific Plan area. Mitigation measures will be carefully developed to address potential impacts in a manner that will reduce the need for additional environmental reviews of development projects that are consistent with the Specific Plan.

Harris will meet with City staff to receive the City’s comments on the Administrative Draft EIR and will revise it to incorporate the comments and requested information in preparation of the Screencheck Draft EIR for review by City staff. After City staff reviews the Screen-check EIR, final revisions will be completed to prepare the Draft EIR for public review. Harris will prepare the Notices of Availability and Completion of the Public Review Draft EIR.

Following the close of the 45‐day public review period, Harris will prepare the Draft Final EIR, including a revised Executive Summary, a section containing corrections and additions to the Public Review Draft EIR, and comments and responses. Revisions to the Draft Final EIR will be made in response to the City’s comments, and a Screen-check Final EIR will be prepared for review by City staff prior to preparation of the Final EIR.

Deliverables:
• Notice of Preparation, Tribal Consultation Letters, and Scoping Meeting Presentation and Materials .
• Draft Project Description and Alternatives Options.
• One (1) each: Administrative Draft and Screen-check Draft EIR, Including All Necessary Technical Appendices and Mitigation Monitoring and Reporting Plan.
• One (1) Public Review Draft EIR, Including NOA.
• One (1) each: Draft, Screen-check, and Final EIR, Including Response to Public Comments.
• CEQA Notices and Submittal to the State Clearinghouse.

Specific Plan Adoption
The Public Review Draft will be the version that will be presented to the City Council and Planning Commission during the
public hearing process. Harris will prepare a Final Specific Plan in response to comments made by the City’s advisory bodies and clear direction from City staff on the specific changes to be made. We assume that only minor changes will be needed to finalize the document.

Key members of the Harris team will attend the public hearings on the Specific Plan and EIR. In preparation for the public hearings, Harris will prepare a brief presentation (in PowerPoint) describing the Specific Plan/EIR. City staff will be responsible for preparing the staff report for the hearings. Attendance may include oral presentations to the hearing, if desired by the City.
#1..
- 117 -
Harris & Associates, Inc. Services & Cost Proposal  25 Deliverables:
• One (1) Final Specific Plan.
• Attendance at Pubic Hearings.
• Presentation Material for Public Hearings.
1D. AGRICULTURAL LAND MITIGATION

PROGRAM
Harris understands that the City has a conservation easement program or process to mitigate for City project impacts and to preserve agricultural uses in perpetuity. Principal-in-Charge Darin Neufeld, AICP and our in-house legal counsel, William Halligan, Esq. are familiar with agricultural conservation easements as mitigation as well as with recent case law that defines what is an acceptable form of mitigation under CEQA. In 2020, the Fifth District Court of Appeal reached a decision on the King and Gardiner Farms, LLC v County of Kern case, where the court defined feasible mitigation and took issue with the County’s use of agricultural easements to fully mitigate for projects that impact productive agricultural uses (i.e., take existing agriculture out of production). Darin worked on the County of San Diego’s Purchase of Agricultural Conservation Easement (PACE) Program for project and County CEQA mitigation of impacts on agricultural lands. This program is highly successful and can be used as an example to form a similar program for mitigation in the City. Harris will assist the City in refining and developing an agricultural conservation easement program, including developing the existing program further for use in private project mitigation under CEQA, and will assist in developing a program that allows for fallow or unproductive agricultural lands to be rehabilitated in addition to an easement in perpetuity.

Deliverables:
• Refined Agricultural Land Mitigation Program.
• Assistance on Program Implementation.

2. Public Outreach & Engagement
2A. ENGAGEMENT PLAN
Harris will develop a Community Engagement Plan (CEP) in collaboration with City staff that builds on prior successful engagement and outreach strategies and provides recommended strategies that have worked well in other communities. The CEP will include outreach objectives and measures of success, key steps of the process, targeted stakeholders and audiences, meetings and workshops for the project, proposed outreach activities, public information and communication, and roles and responsibilities.

Our approach engages a broad cross-section of the community, with a special emphasis on involving people who typically do not participate in local decision-making processes. We will work closely with City staff to prepare and implement a comprehensive CEP that is innovative, interactive, and accessible to enable as many people as possible to share their ideas, concerns, suggestions, and aspirations for the future of their community.

Deliverables:
• One (1) Draft and One (1) Final Community Engagement Plan. 2B. ENGAGEMENT PLAN IMPLEMENTATION
The Harris team will coordinate with the City to organize and conduct community engagement activities identified in the CEP.

The estimated cost for this task assumes two (2) sessions each for the following outreach activities and includes preparation of agenda, noticing material, presentation and other collateral material, and summary memoranda. For cost efficiency, all activities are assumed to be held virtually, but can be held inperson upon request. • Community Workshops. These workshops will generally
include a short presentation of the project to date and provide participants with the opportunity to comment, ask questions, and provide input on the project. We highly recommend
incorporating interactive features such as icebreaker questions, preference polls, and thinking exercises to fully engage the participants. We also encourage the City to post a video recording of the workshops on the project webpage for those that did not attend, and to include an FAQ sheet (to be prepared by Harris) to promote transparency in the planning process. • Focus Group Meetings. Harris will work with City staff to identify key focus groups, including stakeholders, and to prepare and conduct two rounds of meetings with them. These focus groups should be comprised of members particularly invested in the future of the project area and/or with deep insight and knowledge of the area. The first round of focus group meetings will typically focus on soliciting input on pertinent issues, such as strengths and challenges, resident quality of life matters, business attraction experiences, developer appeal, and perspective on City policies and regulation. The second round of meetings will be to present initial plan concepts and alternatives and receive feedback from the focus groups to refine and establish a preferred alternative.
#1..
- 118 -
Harris & Associates, Inc. Services & Cost Proposal  26 • Pop-Up Booths. Harris will assist City staff in preparing popup booths at two public events held in the City. Going into the community is one of the most effective ways to reach people, share project information, and ask for ideas and input using maps, hand-outs, surveys, and other interactive methods. We can also provide art activities for children and, if their parents agree, some of the artwork can be used in the final work product and on the project webpage and outreach materials.
• Surveys and Polls. At key junctures in the project, Harris will prepare brief online surveys that can be placed on the City’s website and included with public notices. We will work with City staff to refine the topics of the surveys. In general, ideal topics include 1) developing and prioritizing key issues and challenges, 2) participating in a visual preference survey for the overall design character, 3) reviewing and voting on plan alternatives, 4) reviewing and voting on potential policy directions for key topics such as affordable housing, mobility, and sustainable infrastructure, and 5) voting on priority implementation actions. • Meetings with City Officials. Harris will attend (and assist City staff in leading up to) two meetings with City leadership.

We suggest that the meetings might be joint study sessions, but could be a meeting with each body or as the City wishes. The first meeting is typically held after the initial round of community outreach and conclusion of the existing conditions analysis of a project. This provides City leadership with the opportunity to review and discuss the issues and opportunities identified by the project team and the feedback received from the community to date. We will also be able to gather their feedback on the issues and opportunities, as well as their vision, goals, and overall direction for the project. We propose a second meeting to be held during refinement of the preferred plan alternative to provide City officials with the opportunity to provide substantive input on finalizing the preferred alternative and the Plan Framework.

Deliverables:
• Outreach Activities, Including Agendas, Collateral Materials, and Summary Memoranda.

3. Municipal Code
3A. CODE REVIEW
Harris will conduct a thorough code audit of the sections identified by the City to identify strengths and weaknesses, as well as consistency with current State legislation. We will solicit input from City staff and stakeholders on what is and is not working from a user perspective. We will also conduct a review of all relevant planning documents, such as the City’s General Plan, specific plans, and master plans to provide recommendations for a code update/amendment. These recommendations may include suggestions for updating/amending policies, programs, and regulations in other planning documents.

Deliverables:
• One (1) Draft and One (1) Final Code Audit Report.
3B. CODE UPDATE
Harris will incorporate findings from the code audit to update the code, including map and appropriate graphics, in a way that is legible, clear, and user-friendly. We will draft the zoning code update with all recommended changes, as directed by the City. Changes to the code may include an updated zoning map, development densities and intensities, overlays, and other ordinances responding to recent State legislative updates. All recommended zoning changes will be consistent with recent State legislation.

The Harris team has experience preparing standards and guidelines for both use-based and form-based codes, including overlays, objective design and development standards, and place-based codes. We will work with the City to determine the best approach to updating the zoning code so that it effectively implements the goals, policies, and programs the City needs and desires.

Deliverables:
• One (1) Draft and One (1) Final Code Update Content, Including Formatting.
• Attendance at Public Hearings.
• Presentation Material for Public Hearings.
“Harris has effectively adapted to the Humboldt County process and style providing professional and high quality work. This has been particularly evident in presenting projects to the Humboldt County Planning Commission and Zoning Administrator where Harris has demonstrated they understand the projects they are presenting.” —John Ford, Director of
Planning and Building,
County of Humboldt
#1..
- 119 -
Harris & Associates, Inc. Services & Cost Proposal  27

4. Coordination with HCD
Harris will coordinate and communicate with HCD on behalf of the City to clarify HCD expectations, address HCD findings, and negotiate HCD requirements for the City’s Housing Element update. With regard to HCD coordination, it is recommended that a virtual meeting be set up with HCD upon receipt of the findings letter on the first Draft HEU submission to clarify the required data sources, edits, and specific language HCD desires. In our experience, setting up a call like this provides significant clarity on the edits HCD is looking for (findings can often be less than specific) and will minimize the number of draft submittals to HCD prior to certification. Harris will assist City staff with setting up calls with HCD near the end of the 90-day review period and will attend the meeting to facilitate the discussion.

Deliverables:
• Coordination Meetings, Including Agenda and Summary.

5. Other Services
5A. PROJECT MANAGEMENT
Harris utilizes proven strategies to provide clear and timely communication and effective project management. Throughout the project process, Harris’s project management team will organize and conduct coordination meetings with City staff and other team members as appropriate to review project status, verify that objectives and milestones are being achieved, and keep the project on schedule and within budget.

Harris will prepare an agenda for each meeting and coordinate with City staff to schedule a time and meeting details. It is assumed that these meetings will be virtual via Microsoft Teams or Zoom; however, Harris’ project management team can attend in-person meetings at the request of the City, and as budget allows. Following the meeting, Harris will prepare meeting minutes or a summary memorandum with action items.

Harris will update the schedule throughout the project and will keep the City and team apprised of the project status, upcoming meetings, and product due dates. Harris will monitor the project budget and update the City to discuss any budget concerns in a timely manner.

Harris will also review and manage deliverables for quality control, including staff documents, and will assist with and/or present documents at meetings and hearings to the public and approval bodies for the duration of the project.

Deliverables:
• Coordination Meetings, Including Agenda and Summary.
• Project Schedule Updates and Monthly Invoices, Including Work Summary.
• QA/QC of Work Products.
5B. GRANT APPLICATIONS & ADMINISTRATION
Harris will assist the City with applications, administration, and/or implementation of housing grants, including, but not limited to the Permanent Local Housing Allocation (PLHA). We understand that the City has been current in its PLHA applications. We can assist with funding draw down requests, an amendment (if desired), and continuing annual streamlined application submittals. We can also discuss other potential grant funding sources and assist with the applications for those other sources.

Deliverables:
• Streamlined Grant Application
• PLHA Funding Draw Down Request
• PLHA Plan Amendment (if desired)
• Memorandum Summarizing Additional Available Housing
Grants
Timeliness Quality Control
Communication

DELIVERING A SUCCESSFUL PROJECT
#1..
- 120 -
Harris & Associates, Inc. Fee Schedule  28
Notes
• Rates are subject to adjustments due to
promotions during the effective period of
this schedule.
• A new rate schedule escalated annually at
the Consumer Price Index (CPI) rate will
become effective January 1, 2024 and on
the 1st of January every year thereafter.
• Harris charges a 10% markup on direct
costs such as data and printing large
quantities of deliverables.
• If required for individual task orders,
mileage will be charged at the applicable
IRS mileage rate.
• Additional staff may be added as needed.

Title and rate information will be shared
with the City.

FEE SCHEDULE
Name Title Rate
Hitta Mosesman 🔑 Vice President $286
William Halligan 🔑 Senior Director $280
Alison Bouley 🔑 Vice President $270
Darin Neufeld 🔑 Director $260
Kate Elliott 🔑 Director $260
Tamorah Bryant 🔑 Senior Project Manager $250
Megan Quinn Project Director $235
Dima Galkin 🔑 Senior Project Manager $225
David Mack 🔑 Senior Project Manager $215
Cecilia Kim 🔑 Senior Planner $210
Irlanda Martinez 🔑 Project Manager $200
Kelly Morgan Project Manager $200
Sharon Toland Project Manager $190
Lynnete Guzman Deputy Project Manager $185
Joseph Sidor Planner III $185
Adam Marston Project Manager $170
Joel Nagamine Senior Project Engineer $160
Kyle Westra Senior Analyst $155
Esther Daigneault Environmental Analyst $150
Randy Deodat GIS Analyst $150
Nathaniel Cayabyab Analyst $145
Lindsey Messner Technical Editor $145
Alec Barton Planner $140
Joseph Ramot Graphic Designer $115
Lindsey Squirewell Planner $95
We propose to provide professional planning services as requested by the City on a time and materials basis at the hourly rates listed below, with a not-to-exceed amount to be determined in consultation with the City. For each specific task order by the City, we will develop a detailed budget and scope with a selection of team members assigned to the task for their expertise and availability to successfully complete the task.

Key Personnel
#1..
- 121 -
City of Modesto
Contract Municipal Planning
Services
Jan 13th, 2023
Project Team Leader: Beverly Choi
(646) 707-1906 [email protected]
Photo Courtesy of D Ramey Logan
Environmental Science Associates
esassoc.com
#1..
- 122 -
Table of Contents
Firm Description��5 Approach to Planning Services��5 Key Personnel��8 Project Experience and References��10 Cost Detail��12 Resumes (Appendix A) ��........................................... ��17 Environmental Science Associates
esassoc.com

#1..
- 123 -
City of Modesto
Attention: Jessica Hill
Acting Planning Manager
City of Modesto – Planning Division
P.O. Box 642
Modesto CA 95353
RE: REQUEST FOR QUALIFICATIONS | CONTRACT MUNICIPAL PLANNING SERVICES Dear Ms. Hill:

Environmental Science Associates (ESA) is pleased to submit this Statement of Qualifications (SOQ) to provide Contract Municipal Planning services to the City of Modesto (City). We are enthusiastic about the opportunity to provide these services and are showcasing our team and relevant qualifications as part of this SOQ.

Our team of land use and policy planners are recognized for their innovation, collaborative approach, assimilation of local needs, and focus on real and feasible implementation. We have experience assisting our clients on a variety of planning projects, including general plans, specific plans, master plans, zoning codes, design guidelines, contract planning services, an-annexation studies, and other planning studies and tools. The staff proposed in this SOQ touts over 50 years of integrated experience in all aspects of community planning, environmental assessment, natural resource management, and regulatory compliance.

Our firm has an extensive background in preparing housing elements and housing studies; analyzing impacts to agricultural lands and ensuring compliance with mitigation programs; developing outreach strategies that specifically target engagement with underrepresented populations; and preparing environmental assessments for a diversity of jurisdictions. Our recent experience, outlined in this SOQ, provides a benefit to our clients by allowing us to incorporate the lessons we have learned and integrate innovative solutions in the face of on-going changes that are being made to California Housing Law and statutes in general. We work with our clients, teaming partners, and State and local agencies, including California Department of Housing and Community Development (HCD), to develop solutions to meet the needs of projects.

ESA's experience leading on-call contracts has taught us that, to efficiently manage concurrent and overlapping task orders, and to lay the groundwork for delivering services on-budget and on-time, assigned Project Managers need to work closely with clients to develop and implement work plans that include detailed scopes of work, staffing plans, performance schedules, budgets, and lists of deliverables. Best practices for our staff include scheduling regular status meetings/calls with project teams and stakeholders regarding task order progress, timely and preemptive notification of any issues resulting in schedule delays or budget concerns, and monthly progress reports that identify work completed and anticipated, schedule and/or budget concerns, and issues that could affect the quality or defensibility of the deliverables.

By selecting ESA for the City’s on-call contract, you will gain a seasoned, creative, and responsive consultant team with a successful and extensive track record of working on housing and specific plan projects for communities in the Central Valley and throughout California. Our recent work includes preparation of the Innovation Park Planned Unit Development (City of Sacramento) and peer review of the Upper Westside Specific Plan (County of Sacramento), as 2600 Capitol Avenue
Suite 200
Sacramento, CA 95816
916.564.4500 phone
916.564.4501 fax
esassoc.com
3 Environmental Science Associates
esassoc.com
#1..
- 124 -
well as due diligence for a confidential mixed-use project in San Joaquin County. Additionally, we bring experience with housing elements and housing studies like our preliminary assessment of Napa County’s housing inventory, and CEQA documents to support and inform a wide array of local agency decision-making throughout the region. The informed approach that we bring to every project, and the passion for what we do, is what sets ESA apart from other consultants.

We look forward to sharing our experience and knowledge with you through this contract and remain open to exploring options to address your needs and goals. We have the experience and qualifications to fully staff and efficiently complete any task orders that may arise from this contract. If you have any questions, please feel free to contact me at [email protected] or Dan Dameron at [email protected].

Sincerely,
Beverly Choi, LEED AP
Community Planning Program Manager
[email protected]
(646) 707-1906
Dan Dameron
Vice President
[email protected]
(916) 231-2176
Cover Letter page 2
Contract Municipal Planning Services
4 Environmental Science Associates
esassoc.com
#1..
- 125 -
Firm Description
Firm Information
Name:

Environmental
Science
Associates
Key Staff Contact:

Beverly Choi, LEED AP
[email protected]
Phone: (646) 707.1906
Office: San Francisco
575 Market Street,
Suite 3700
San Francisco, CA 94105
Year Established: 1969
Founded in 1969, ESA is a leading California-headquartered planning and environmental consulting firm that helps clients to understand, address, and solve the planning and environmental issues they face. ESA is a 100% employee-owned environmental consulting firm with over 600 staff in 20 offices throughout California, Washington, Oregon, and the Southeastern United States. Our largest office, located in Midtown Sacramento, supports over 100 employee-owners who focus on work in California’s Central Valley, Sierra foothills, and surrounding areas. We are large enough to offer a full range of capabilities, but small enough to be nimble and provide the kind of personal service and attention clients expect and deserve. ESA has skilled project managers and urban planners that are supported by a deep bench of specialized technical staff including archaeologists, biologists, architectural historians, civil and water resources engineers, hydrologists and modelers, ecologists, landscape architects, environmental scientists, and data technology and GIS specialists to support our projects.

Approach to Planning Services
Communities are complex systems, and to meet community needs, our planning programs must address multiple interrelated issues—existing land use patterns; current and future market feasibility; mobility; availability and financing of infrastructure, schools, parks, and other community facilities; the need to minimize impacts on existing residents and the natural environment; and the effects of planning and development decisions on both public and private sector fiscal bottom lines. We provide communities with the right mix of expertise, insight, thoughtfulness, trustful facilitation, and creativity to ensure an integrated approach that achieves clarity, certainty and adaptability—for the long term.

Our community planning team has successfully used their collaborative approach and assimilation of local needs to assist clients on a variety of planning projects, including master plans, specific plans, general plans (including housing elements), zoning codes, design guidelines, contract planning services, and other planning studies and tools. From the visioning process to the assessment of opportunities and constraints of a site, to development of land use alternatives and selection of the preferred plan, we work closely with clients to balance planning, design, environmental, and economic considerations of any project.

This team's skill set includes competencies that are directly related to helping our clients plan communities, comply with CEQA/NEPA and State law, as well as manage a wide variety of planning and technical activities and studies. This allows us to provide a full suite of services and integrated solutions within a single firm.

Our core planning competencies include the following:

City of Modesto Contract Municipal Planning Services
January 13, 2023
5 Environmental Science Associates
esassoc.com
#1..
- 126 -
ESA Core Planning Competencies
Services Areas ESA Competencies
Comprehensive, Long-Range
Planning
• General Plans
• Specific Plans
• Master Plans
• Downtown Plans
• Zoning Regulations
• Design Guidelines
• Local Coastal Programs
Land Planning and Design • Site Analysis
• Yield Studies
• Policy Analysis
• Preliminary Design
• Strategic Entitlement
Sustainability and Resilience
Planning
• Climate Action Plans
• Climate Vulnerability Assessments
• Climate Adaptation Plans
• Sustainability Plans
• Resiliency Plans
Public Outreach and Community
Engagement
• Public Engagement Plans
• Community Workshops
• Tribal Consultation
• Online Engagement
• Surveys, Pop-ups, and Interviews
Having managed, processed, and implemented numerous
development projects and applications over the years, we have a deep understanding of local development review
processes, including what works and what doesn’t. ESA is contributing to multiple housing element updates during the State’s 6th cycle, coordinating with HCD and our clients to ensure the updated housing elements and the corresponding environmental analyses comply with State law and
incorporate community feedback. In addition, we know what needs to occur to keep a project moving forward efficiently and effectively through the decision-making process. We communicate regularly with clients and project teams, flag potential challenges in advance, and provide transparency throughout the process. This allows us to provide our clients with solid advice and products to ensure the long-term
success of projects and the continued utility of planning and environmental documents.

The following descriptions expand on select competencies that the City has identified for this contract. Upon request, ESA is happy to provide additional information regarding other services offered, should the City request it.

Specific Plans and Amendments
ESA-led specific plans and plan amendments span a wide range of applications from transit-focused, mixed use and residential communities to large scale commercial/industrial complexes. We have pioneered the integration of community and environmental planning to advance state-of-the-art smart growth practices addressing economic, social, and environmental sustainability. Our specific plans, development and design guidelines, and other associated entitlements are reflective of our team’s creativity in developing tailored solutions that integrate stakeholder and community input and meet client goals. ESA develops plans that achieve a gentle balance between having a clear purpose, creating certainty in the development ESA Relevant On-Call Contract Experience
• County of Sacramento On-Call
• City of Richmond Planning On-Call
• City of Lincoln Community Development On-Call
• San Francisco Mayor’s Office of Housing On-Call
• Sacramento Housing and Redevelopment Agency
Environmental Consulting On-Call
• Environmental Generalist Services, Districts 6 and 10 (Caltrans)
• Environmental Consulting Services Master Services
Agreement (Sacramento Area Flood Control Agency)
City of Modesto Contract Municipal Planning Services
January 13, 2023
6 Environmental Science Associates
esassoc.com
#1..
- 127 -
review process, and flexibility to promote creativity that can be applied towards evolving situations over time. As an example, during the Downtown Specific Plan effort, ESA worked with the City of Vacaville to ultimately pivot away from integrating “shovel ready” sites and instead focused on establishing development prototypes, which allowed greater flexibility to streamline a broader range of desired projects within defined geographic areas in the plan. Objective design standards were developed to provide clarity and predictability in project requirements. The Vacaville Downtown Specific Plan received the 2022 Great Places Award of Merit from the Northern Section Chapter APA.

Community Engagement & Presentations at Meetings/Hearings The planners at ESA regularly conduct community engagement on complex projects in a productive and inclusive manner to ensure that stakeholder and community input is evaluated and incorporated into projects. We offer a comprehensive range of community engagement and facilitation services. From more traditional methods such as organizing and conducting public meetings, community workshops, design charrettes, stakeholder interviews, and focus group meetings to virtual and more experiential approaches such as “pop-up” events, walking tours, and interactive online activities and resources. ESA customizes community engagement strategies to meet the needs of a project. For example, housing element updates, such as those for the City of Mountain View and Napa County, involved stakeholder interviews with developers and neighborhood groups, active engagement with HCD, and study sessions with elected officials. Projects with agricultural use may involve focus groups and community workshops to collaborate on defining growth boundaries and creating buffer design guidelines for new development.

In addition to in-person offerings, ESA’s staff routinely work with our in-house graphics and communication specialists to produce effective, understandable, and visually interesting website content. We closely coordinate with clients to understand web-based needs including scripting languages, graphic optimization, and production environment, and can provide clients with interactive web-based mapping applications using ESRI ArcGIS Server, ArcGIS Online, Mapbox, and other Open Source technologies. These tools help communicate complex scientific information and results to the public in effective and meaningful ways. We deliver cost-effective solutions scalable to the project needs and can include secure access with varying permission levels as needed.

Zoning Code Updates and Amendments
ESA has prepared comprehensive zoning code updates for communities, stand-alone zoning codes for specific plans (such as Vacaville Downtown Specific Plan and City of Sacramento Central City Specific Plan, both of which are APA-award winning plans), and form-based influenced development regulations. Our staff has public agency experience implementing zoning codes, allowing for an in-depth understanding of those regulations, that results in effectively and consistently implementing general plans and specific plans. Our zoning codes incorporate contemporary planning practices relevant to the local community; comply with State law (such as developing objective design standards consistent with SB 35); provide tools to simplify and streamline administration where feasible; incorporate user friendly language, graphics and formatting; and provide sufficient regulatory direction while being flexible and not overbearing.

Environmental Review Pursuant to CEQA and NEPA
From initial scoping through final approvals, ESA develops defensible and cost-effective solutions to guide our clients quickly through the increasingly complex environmental planning and regulatory process.

Our firm includes experts in CEQA and NEPA, as well as all technical areas including transportation, air quality, GHG, noise, climate change and adaptation, cultural resources, biological resources, environmental hydrology, energy, and water. We are knowledgeable in federal, State, and regional regulations affecting land development and community planning at the program and project levels.

City of Modesto Contract Municipal Planning Services
January 13, 2023
7 Environmental Science Associates
esassoc.com
#1..
- 128 -
Key Personnel
The foundation of our team’s approach is understanding the needs and the vision of the jurisdictions in which we work, while offering superior project management, adapting our level of engagement to client needs, and establishing a technical team that is tailored to individual projects and task orders. ESA offers capabilities to address controversial, high-profile projects of regional interest, as well as relatively straight-forward proposals by developing appropriate scopes of work and adequately staffing teams to address the challenges projects face. We bring extensive experience leading on-call contracts, affording us the ability to efficiently manage concurrent and overlapping task orders, and to lay the groundwork for delivering services on time and within budget.

We have provided brief biographies, detailing their experience and years with the firm below. Resumes with additional experience have been provided in Appendix A. Should the City require other specialized technical staff for any project or task resulting from this contract, ESA can call on our deep bench of over 600 experts who can help address a wide range of additional technical service areas. The key personnel described below have been selected for their relevant experience and availability for this contract with the City.

Dan Dameron | Project Director
Dan has more than 30 years of public and private sector experience leading a wide variety of community planning and design projects. He specializes in large scale, complex, multidisciplinary planning and development projects, providing strategic assistance to local jurisdictions, development interests, and agencies. Dan brings an in-depth understanding of progressive land use, policy and implementation strategies to effectively enhance the feasibility, livability, and sustainability of projects and communities. His experience includes managing, preparing and implementing specific plans, downtown plans, master plans, general plans, design guidelines, zoning and development standards, entitlement coordination, housing studies, contract staffing, LAFCO entitlements, public involvement programs, and other planning services and tools.

Beverly Choi | Project Manager
Beverly has 16 years of experience working with clients to shape and enhance communities through land use planning, policy research, urban design, sustainable best practices, and public engagement. She has worked with private and public sector clients on a variety of U.S. and international projects that range in needs, budget, and scale, from sites as small as a few urban blocks to plan areas as large as several thousand acres that span multiple jurisdictions. Beverly is skilled at coordinating cross-business lines, cross-regional teams and developing internal and external tools to manage the delivery of successful projects. She applies this expertise when serving as point of contact for on-call contracts and master services agreements with public agencies and confidential clients. Beverly has been involved with several 6th cycle housing element updates, collaborating closely with the jurisdictions, as well as HCD, to achieve plan adoption.

Years with ESA | 12+
Years with ESA | 3+
City of Modesto Contract Municipal Planning Services
January 13, 2023
8 Environmental Science Associates
esassoc.com
#1..
- 129 -
Shannon Wages, AICP | Principal Planner
Shannon Wages is an urban planner with over 18 years’ experience specializing in managing long-range planning documents as well as complex land use entitlement projects. She has successfully managed the preparation of multiple housing elements, general plans, climate adaptation plans, specific plans, zoning ordinances, downtown plans, visioning plans, corridor studies, and economic feasibility studies. Shannon received multiple awards from the American Planning Association (APA) for her planning projects, and considers community outreach central to any project. She develops outreach strategies that reach broadly and deeply into a community, and helps jurisdictions implement their plans through entitling development projects or assisting with grant funding and financing mechanisms. Shannon combines her experience in planning, urban design, climate adaptation, and community outreach to achieve desired projects that realize the community’s goals and objectives. From planning and conceptual design to certificates of occupancy, she is involved throughout the process, facilitating positive growth and change in the communities she represents.

Her work also involves multiple environmental justice elements, including the cities of Highlands, El Cajon, and Irwindale, along with housing and safety element updates.

Luke Evans | CEQA Program Manager
Luke has developed a reputation throughout his 20-year career for being able to successfully manage a wide range of project types. He has managed large-scale residential, commercial, and industrial development projects in urban and rural settings, military installation master plans, utility-scale solar developments, communication site networks, and light rail transportation network extensions in urban areas. Luke has led the environmental documents for several 6th cycle housing element EIRs, including the City of Lafayette, the City of Menlo Park, and Santa Clara County. His multi-disciplinary training also allows him to work within a broad range of environmental fields, including biological and cultural resources management, wildland fire management, environmental conflict resolution, and general land use policy. Luke also brings additional expertise with analysis and presentation of technical environmental and natural resource policy and legislation from his time serving on a legislative staff.

Ethan Wynacht | Planner
Ethan is an urban planner, providing research, analysis, writing and community outreach support, and has played an instrumental role on several of ESA’s housing element updates, focusing on the constraints analysis, public participation, and sites inventory analysis. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a B.S. in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. While at UC Davis he conducted research with Dr.

Gwen Arnold on the environmental and social impacts of fracking. Ethan also held a board position with the UC Davis MANNRS program, working to promote diversity in the environmental sector through outreach and student support programming. As programming committee lead with UC Davis Undergraduate Admissions, he gained additional outreach and program development experience.

Years with ESA | 7+
Years with ESA | 2+
Years with ESA | 1
City of Modesto Contract Municipal Planning Services
January 13, 2023
9 Environmental Science Associates
esassoc.com
#1..
- 130 -
Project Experience and References
ESA has more than 30 years of experience in Northern California serving a range of public and private clients. We have worked on hundreds of projects in the Central Valley for clients including the City of Modesto, Turlock Irrigation District, the City of Oakdale, San Joaquin County, the City of Stockton, and a multitude of other local jurisdictions and special districts. In executing those projects, we have developed a thorough understanding of the environmental resources present in the City and surrounding regions, and the policies and procedures of the agencies that regulate and steward those resources. Currently, ESA’s planning team is working with multiple California communities on their housing element updates and environmental documents, including the City of Mountain View and Napa County, the latter whom we assisted with an early evaluation of possible housing sites. In the last housing cycle, ESA worked with several other Northern California jurisdictions, including Placer County and the City of Napa on their housing element updates and associated CEQA documents. For many of these housing-related projects, an analysis was conducted by our team to evaluate the implications of residential development as it relates to topics such as infrastructure availability (water, sewer, drainage), and governmental and environmental constraints.

The below project experience highlights select ESA completed and on-going work. References for each project have also been provided below, and we encourage you to contact these clients to better understand ESA's aptitude for project execution and client relations.

Agency Reference
Tyra Hays, AICP
Email Address
[email protected]
Phone Number
(707) 449-5366
ESA Staff Involved
Bev Choi (Project Manager)
Dan Dameron (Project Director)
City of Vacaville | Downtown Specific Plan
ESA worked with the City of Vacaville to prepare the Downtown Specific Plan, Downtown Connectivity and Streetscape Design Plan (Streetscape Plan) and associated environmental documentation. Downtown Vacaville encompasses approximately 300 acres and is designated as a “Transit Town Center” Planned Development Area (PDA). The goal of the Specific Plan and Streetscape Plan is to unlock Downtown’s full potential as a vibrant and walkable mixeduse destination. The project builds upon Downtown’s unique history and setting and develops a framework that provides for a diversity of housing choices, enhances economic vitality by providing for a wide range of commercial and entertainment options, and promotes pedestrian, bicycle, and transit use. ESA, in collaboration with the City, identified and screened land use alternatives, developed placemaking strategies, enhanced mobility options, analyzed infrastructure constraints, and conducted extensive community engagement to inform the planning process. The team identified a series of development prototypes desired in Downtown and established a framework that outlines the incentives to develop these types of projects in select Downtown areas. To provide clarity and predictability in project requirements, an objective design standards checklist was prepared to assist with expediting project approval.

City of Modesto Contract Municipal Planning Services
January 13, 2023
10 Environmental Science Associates
esassoc.com
#1..
- 131 -
Agency Reference
Ellen Yau
Email Address
[email protected]
Phone Number
(650) 903-6306
ESA Staff Involved
Bev Choi (Project Manager)
Dan Dameron (Project Director)
Shannon Wages (Principal
Planner)
Ethan Wynacht (Deputy Project
Manager)
Luke Evans (CEQA Advisor)
City of Mountain View | Housing Element (2023-2031)
In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. ESA’s key tasks include a robust sites inventory and constraints analyses, General Plan consistency analysis, and development of a web map display for the sites inventory.

In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA. ESA has worked closely with HCD in the development of this housing element update in order to meet State requirements, including regular meetings with HCD staff to discuss a path towards compliance.

Agency Reference
Roberta Feliciano
Email Address
[email protected]
Phone Number
(510) 620-6662
ESA Staff Involved
Bev Choi (Project Manager)
Dan Dameron (Project Director)
Ethan Wynacht (Urban Planner)
City of Richmond | Hilltop Mall Specific Plan
Hilltop is an aging mall that has declined over the years and is currently economically underutilized. Working with the City of Richmond, ESA is leading a multi-disciplinary team of consultants that will define a new future for the Mall site and adjacent properties that enhances the communities’ prosperity and meets some of its unmet needs.

The project team is working with the City to prepare and execute all aspects of this high-profile, complex project, including community outreach, existing condition and market analyses, visioning, land use alternatives, financial feasibility analyses, utility and mobility planning, fiscal and economic development analyses, affordable housing and anti-displacement strategies, placemaking strategies, design guidelines, development standards, a financing plan and preparation of the Specific Plan and environmental analysis. ESA is implementing a multi-pronged engagement strategy that utilizes different methods to engage, including though not limited to focused stakeholder interviews, advisory committee meetings, community workshops, and study sessions with elected officials.

City of Modesto Contract Municipal Planning Services
January 13, 2023
11 Environmental Science Associates
esassoc.com
#1..
- 132 -
Agency Reference
Stephanie Green
Email Address
[email protected]
Phone Number
(916) 440-1302
ESA Staff Involved
Dan Dameron (Project Director)
Luke Evans (Project Manager)
Sacramento Housing and Redevelopment Agency (SHRA) |
Environmental Consulting On-Call
Since 2016, ESA has held an on-call contract with the Sacramento Housing and Redevelopment Agency (SHRA) for CEQA and NEPA compliance for residential projects overseen by SHRA. Most recently, work under the on-call has focused on NEPA compliance for residential projects receiving U.S. Department of Housing and Urban Development (HUD) grants and associated funding. Issues typically associated with these types of high-density infill projects include historic resources, environmental justice, hazardous materials, visual resources, and traffic and transportation.

Under ESA’s leadership, about a half-dozen NEPA documents have been prepared for projects that total more than 800 affordable housing units in Sacramento County. Completed projects under this contract include the 46th Street Affordable Housing Project, Crossing at Woodberry Way, Twin Rivers Addendum, and Capitol Park Hotel Project.

Cost Detail
ESA has provided our standard rate sheet on the following pages, containing details regarding staff billing rates and other project associated costs. If awarded the contract, upon request for a detailed scope and budget per project, ESA will provide the City with a tailored budget utilizing the costs provided in the following breakdown.

City of Modesto Contract Municipal Planning Services
January 13, 2023
12 Environmental Science Associates
esassoc.com
#1..
- 133 -
1 Environmental Science Associates & Subsidiaries
2023 Schedule of Fees
I. Personnel Category Rates
Charges will be made at the Category hourly rates set forth below for time spent on project management, consultation or meetings related to the project, field work, report preparation and review, travel time, etc. Time spent on projects in litigation, in depositions and providing expert testimony will be charged at the Category rate times 1.5.

Labor Category Billing
Step I
Billing
Step II
Billing
Step III
Billing Step
IV
Billing
Step V
Billing
Step VI
Senior Principal
Consultant
250 272 295 318 341 364
Principal Consultant 199 219 239 259 279 299
Managing Consultant 180 195 209 224 238 253
Senior Consultant 140 153 167 181 194 208
Associate Consultant 128 137 146 155 164 173
Consultant 89 97 105 114 122 135
Project Technician 62 87 112 136 161 186
(a) The range of rates shown for each staff category reflects ESA staff qualifications, expertise and experience levels. These rate ranges allow our project managers to assemble the best project teams to meet the unique project requirements and client expectations for each opportunity. (b) From time to time, ESA retains outside professional and technical labor on a temporary basis to meet peak workload demands. Such contract labor may be charged at regular Employee Category rates.
(c) ESA reserves the right to revise the Personnel Category Rates annually to reflect changes in its operating costs.

II. ESA Expenses
A. Travel Expenses

1. Transportation
a. Company vehicle – IRS mileage reimbursement rate
b. Common carrier or car rental – actual multiplied by 1.15

2. Lodging, meals and related travel expenses – direct expenses multiplied by 1.15 #1..
- 134 -
ESA 2023 Schedule of Fees
2 B. Data Management and Project Support Fee
Non-travel expenses incurred for the duration of the agreement for project support but not itemized below, including document retention, delivery and communications. Project labor charges multiplied by 3%.

C. Printing/Reproduction Rates
Item Rate/Page Sample Pricing
Black & White – 8.5 x 11 $0.10
Black & White – 11 x 17 $0.20
Color – 8.5 x 11 $0.40
Color – 11 x 17 $0.70
B&W – Plotter (Toner – ECO Quality) $0.40/sf 24x36 B/W CAD drawing would cost $2.40 per sheet
B&W – Plotter (Toner – Presentation
Quality)
$1.00/sf 24x36 B/W CAD drawing would
cost $6.00 per sheet
Color – Plotter (Inkjet – ECO Quality) $2.00/sf 24x36 Color Drawing would cost $12 per sheet
Color – Plotter (Inkjet – Presentation
Quality)
$4.00/sf 24x36 Color Drawing would cost
$24 per sheet
CD $10.00
Digital Photography $20.00 (up to 50 images)
All Other Items
(including bindings and covers)
At cost plus 10%
D. Equipment Rates
Item Rate/Day Rate/Week Rate/Month
Project Specific Equipment:

Vehicles – Standard size $ 40a $ 180
Vehicles – 4x4 /Truck 85
Vehicles – ATV 125
Noise Meter 100
Hydroacoustic Noise Monitoring Equipment 150
Electrofisher 300 1,200
Sample Pump 25
Field Traps 40
Digital Hypsometer (Nikon) 20
Stilling Well / Coring Pipe (3 inch aluminum) 3/ft
Backpack Sprayer 25
360-Degree 4k Camera 30 120
Cam-Do Time-Lapse Camera 15 50 180
Beach Seine 50
Otter Trawl 100
Wildlife Acoustics Bat Detector 125 400
Wildlife Trail Camera 30 100
Fiber Optic Endoscope 125 500
Spot Light 30
Spotting Scope 50 200
Topographic/Bathymetric Survey Equipment:

Auto Level 40
Total Station 200 600
DJI Quad Drone 300 1,200
RTK-GPS 300 1,200
#1..
- 135 -
ESA 2023 Schedule of Fees
3 Item Rate/Day Rate/Week Rate/Month
RTK-GPS Smartnet Subscription 50 200
Single-Beam Echoshounder 150 600
Trimble GPS GeoXT 75 350 900
iPad/Android Tablet + 1m GNSS External Sensor
(Trimble R1, Bad Elf) 75 350 900
iPad/Android Tablet + sub-meter Arrow 100/TDC 150 100 400 1,100 iPad/Android Tablet + sub-foot Arrow Gold 200 800 2,800 iPad/Android Tablet only
(includes Garmin Glo external sensor) 50 225 600
Laser Level 60
Garmin GPS or equivalent 25 250
Hydrologic Data Collection, Water Current, Level and Wave Measurement Equipment:

ISCO 2150 Area Velocity Flow Logger $ 25 $ 100 $ 350
SonTek IQ-Plus Area Velocity Flow Logger 180 500 1600
Logging Rain Gage 10 40 125
Marsh-McBirney Hand-Held Current Meter 50 200
FloWav Surface Velocity Radar 50 200
RBR Virtuoso Wave Pressure Sensor 100 350
SOFAR Ocean Spotter Wave Buoy 30 120 450
Ocean Sensor Systems Sonic Wave Sensor 30 120 450
Logging Water Level - Pressure Transducer 10 30 100
Logging Barometric Pressure Logger 5 15 50
Well Probe / Water Level Meter 20 80
Bottom-Mounted Tripod / Mooring 25 100 400
Handheld Suspended Sediment Sampler 20 250
Water Quality Equipment:

Logging Turbidimeter/Water Level Recorder $ 25 $ 100 $ 400 Logging Conductivity/Water Level Recorder 20 60 200
In-Situ Troll 9500 logging water quality multiprobe 200 800 Logging Temperature Probe 3 10 40
Hach Hand-Held Turbidimeter Recording Conductivity Meter w/Datalogger
50 200
Refractometer 20 80
YSI Hand-Held Salinity Meter or pH meter 30 120
Hand-Held Conductivity/Dissolved Oxygen Probe (YSI 85) 40 160 HOBO Salinity Gauge 125
HOBO DO/Temp Probe 125
In-Situ Aqua Troll 600 Water Quality Sonde 800
In-Situ VuSitu Telemetry System Hardware 40
YSI 650 with 6920 Multi Probe 180 500 1500
YSI ProDSS Multi Probe 180 500 1500
ISCO 6712 Portable Sampler w/ISCO 2105 Module 40 250 900 Sedimentation / Geotechnical Equipment:

Peat Corer $ 75 $ 300
60lb Helly-Smith Bedload Sampler with Bridge Crane 175 700 Suspended Sediment Sampler with Bridge Crane 75 300
Guelph Permeameter 50 200
Vibra-core 100 400
Muck Corer 50 200
Shear Strength Vane 50 200
Auger (brass core @ $ 5/each) 20 80
Boats:
14’ Aluminum Boats with 15 HP Outboard Motor $ 100 $ 400 Single or Double Person Canoe/Kayak 30 120
Small Watercraft Motor 20 100
20’ Lowe Boat w/115 HP Outboard 300 1,500
[North River Boat – Ask Matt Silva for Specs and Price] 17' Boston Whaler w/ 90 HP Outboard 300 1,500
a Actual project charges will be either the IRS mileage reimbursement rate or the daily rate, whichever is higher. #1..
- 136 -
ESA 2023 Schedule of Fees
4 E. Cloud-based Services
Item Rate/Hour Rate/Day Rate/Week Rate/Month
Cloud-based Services
Nearmap High Resolution Images $50/image
ArcGIS Online Hosting (Web Maps/Apps) $200
Website Hosting $200
Custom Application & Services Hosting* $300*
Modeling (GeoHECRAS, TUFLOW, Delft3D) + Drone
Processing
$7 $160 $950 $3,900
Aviation Environmental Design Tool (AEDT) Processing $13 $190 $1,120 $4,600 *includes support for database, SSL, IT support – costs vary by project. Contact software development services for firm pricing.

III. Subcontracts
Subcontract services will be invoiced at cost multiplied by 1.15.

IV. Other
The fees above do not include sales tax. Any applicable or potential sales tax will be charged when appropriate.

V. Payment Terms
Unless otherwise agreed in writing, ESA will submit invoices on a monthly basis. Any unpaid balances shall draw interest at one and one half percent (1.5%) per month or the highest rate allowed by law, whichever is lower, commencing thirty (30) days after date of invoice. All invoices not contested in writing within fifteen (15) business days of receipt are deemed accepted by Client as true and accurate and Client thereafter waives any objection to Clients invoices, which are payable in full.
#1..
- 137 -
Appendix A
Resumes
#1..
- 138 -
Daniel Dameron
Vice President Community Development Director | Project Director Environmental Science Associates
esassoc.com
Dan has more than 30 years of public and private sector experience leading a wide variety of community planning and design projects. He specializes in large scale, complex, multidisciplinary planning and development projects, providing strategic assistance to local jurisdictions, development interests,and agencies. Dan brings an in-depth understanding of progressive land use, policy and implementation strategies to effectively enhance the feasibility, livability, and sustainability of projects and communities. His experience includes managing, preparing and implementing specific plans, downtown plans, master plans, general plans, design guidelines, zoning and development standards, entitlement coordination, housing studies, contract staffing, LAFCO entitlements, public involvement programs, and other planning services and tools Relevant Experience
County of Stanislaus and City of Oakdale, Model Housing Element, Stanislaus County, CA. Project Director. Dan served as Project Director for the preparation of a Model Housing Element to be used as a guide by all the jurisdictions within Stanislaus County. The Model Housing Element was developed as part of the Stanislaus County Regional Sustainability Toolbox funded through a Proposition 84 Sustainable Communities Planning Grant. The project developed Model Housing Element policies and implementation programs that address housing supply and affordability, land use, energy, climate change, Senate Bill 375, and other housing and sustainability strategies. In addition to extensive public outreach, training was provided to all ten jurisdictions within Stanislaus County to ensure effective implementation of model housing policies.

City of Richmond, Hilltop Specific Plan, Richmond, CA. Project Director. Dan is serving as Project Director for the preparation of the Hilltop Specific Plan. The Specific Plan will encompass 143 acres within a defined Priority Development Area (PDA) that includes the Hilltop Mall and adjacent properties. Hilltop is an aging mall that has declined over the years and is currently economically underutilized. ESA is leading a multi-disciplinary team of consultants that will define a new future for the Mall site and adjacent properties that enhances the communities’ prosperity, and meets some of its unmet needs. Key components of the work program include extensive community outreach, existing condition and market analyses, visioning, land use alternatives, financial feasibility analyses, utility and mobility planning, fiscal and economic development analyses, affordable housing and anti-displacement strategies, placemaking strategies, design guidelines, development standards, a financing plan and preparation of the Specific Plan and environmental analysis. The project is being funded in part via a Local Early Action Planning (LEAP) Grant from the California Department of Housing and Community Development, and a PDA Grant from the Metropolitan Transportation Commission (MTC).

City of Vacaville, Downtown Priority Development Area Specific Plan and Downtown Connectivity and Streetscape Design Plan, Vacaville, CA. Project Director. Dan served as the Project Director for preparation of the Specific Plan, Streetscape Design Plan and associated environmental documentation. Downtown Vacaville encompasses approximately 300 acres, and is designated as a “Transit Town Center” Planned Development Area (PDA). The goal of the Specific Plan and Streetscape Design Plan is to

EDUCATION
B.S., Urban and Regional
Planning, California State
Polytechnic University,
Pomona
30+ YEARS’ EXPERIENCE

PROFESSIONAL

AFFILIATIONS
American Planning
Association
Urban Land Institute
#1..
- 139 -
Daniel Dameron (Continued)
Vice President Community Development Director
Environmental Science Associates
esassoc.com
build upon Downtown’s unique history and setting and develop a framework that provides for a diversity of housing choices, enhances economic vitality, and promotes pedestrian mobility. The project included the screening of land use and design alternatives, mobility and infrastructure analyses, and extensive community involvement.

City of Sacramento, Central City Specific Plan, Sacramento, CA. Project Director. Dan served as the Project Director for preparation of the Specific Plan and associated environmental documentation. In late 2015, Sacramento Mayor Kevin Johnson announced his priority initiative of implementing 10,000 places to live in Downtown Sacramento in 10 years.

The Specific Plan outlines how those 10,000 housing units will be realized, where the housing will be located, the type of residential products the market will support, design guidance for housing and the adjacent public realm, evaluation and treatment of historic resources, integration with Sacramento’s planned streetcar and other mobility options, needed infrastructure improvements, the desired amenities to support additional residents, and how it will all be paid for. The project included development of a web-based application (Housing NOW!) that provides easy access to information on all housing opportunity sites for a variety of users.

City of Oakdale, General Plan Update, Oakdale, CA. Project Director. Dan served as Project Director for the comprehensive update of the City of Oakdale General Plan, Housing Element, EIR, and Climate Action Plan. As part of this effort, Dan led numerous community workshops and joint City Council-Planning Commission study sessions. The new General Plan directs how Oakdale can accommodate well planned and managed growth, maintain its small-town character and sense of community, enhance its downtown district, expand retail and employment opportunities, provide quality public services and transportation options, and promote resource conservation and sustainability.

County of Sutter, General Plan Update, Sutter County, CA. Project Director. Dan served as Project Director for the comprehensive update of the Sutter County General Plan, Housing Element, EIR and Climate Action Plan. He led the planning team in creating an updated General Plan that maintains the County’s rural lifestyle while accommodating new growth areas and economic development. This effort involved coordination of a General Plan Update Committee, Agricultural Focus Group, and multiple community workshops. The plan preserves the long-term viability of the county’s extensive agricultural lands and natural resources, protects existing rural communities, promotes reductions in greenhouse gas emissions, and addresses infrastructure deficiencies and flooding risks.

City of Santa Clara, Land Use Element and Housing Element Updates, Santa Clara, CA. Project Director. Dan served as Project Director in support of the Land Use Element update for the City of Santa Clara. The review encompassed a reassessment of the programs, policies, and content of the existing General Plan. Results from the review provided the City with the assurance that the plan is on course in its phased implementation approach. In tandem with the Land Use Element, ESA teamed up with Veronica Tam and Associates in the preparation of the City’s 2015-2023 Housing Element, which aligns the housing sites with land use diagram changes. In addition to the Element Updates, ESA prepared the necessary CEQA clearances associated with both projects.

Department of Water Resources (DWR), Implementing State Flood Risk Management Legislation in Local Land Use Planning, Sacramento, CA. Project Management Support. Dan provided guidance and project management support to DWR with its efforts to help local jurisdictions in California comply with 2007 flood risk management legislation. Through this effort, a handbook was prepared that provides step-by-step guidance to assist local jurisdictions in complying with the legislation through their general plans, zoning ordinances, development agreements, subdivision maps, and discretionary and ministerial actions.

Placer County LAFCO, West Roseville Specific Plan Municipal Service Review, Roseville, CA. Project Manager/Planner. Dan managed and was primary author of the West Roseville Specific Plan Municipal Service Review (MSR). The West Roseville MSR was prepared for Placer County LAFCO and provided information on the provision of services required for the City of Roseville to expand its sphere of influence to incorporate the West Roseville Specific Plan.
#1..
- 140 -
Beverly Choi, LEED AP
Community Planning Program Manager | Project Manager
Environmental Science Associates
esassoc.com
Beverly has 16 years of experience working with clients to shape and enhance communities through land use planning, policy research, urban design, sustainable best practices, and public engagement. As an urban planner and ESA’s Community Planning Program Manager, she works with private and public sector clients on a variety of U.S. and international projects that range in needs, budget, and scale, from sites as small as a few urban blocks to plan areas as large as several thousand acres that span multiple jurisdictions. Beverly is skilled at coordinating cross-business line, cross-regional teams and developing internal and external tools to manage the delivery of successful projects.

Prior to joining ESA, Beverly acted as San Francisco office Studio Leader for a diverse business group of 60+ staff, comprised of policy planners, urban designers, economists, resiliency planners, asset management planners, and infrastructure engineers.

Relevant Experience
Napa County, Housing Element Update and Safety Element. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Beverly is assisting with the sites inventory analysis and response to HCD comments.

City of Mountain View, Housing Element Update and EIR. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. As project manager, Beverly led ESA’s key tasks involving the robust housing sites inventory and constraints analyses, General Plan consistency analysis, and development of a webmap display for the sites inventory. In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA.

City of Richmond, Hilltop Specific Plan, Richmond, CA. Project Manager. Beverly is leading the preparation of the Hilltop Specific Plan, which will encompass 143 acres within a defined Priority Development Area (PDA) that includes the underutilized Hilltop Mall and adjacent properties. ESA is leading a multi-disciplinary team of consultants that will define a new future for the Mall site and adjacent properties that enhances the communities’ prosperity and meets some of its unmet needs. In her role as project manager, Beverly is the client point of contact and main liaison working with the larger project team to prepare and execute all aspects of the project, including community outreach, existing condition and market analyses, visioning, land use alternatives, financial feasibility

EDUCATION
M.C.P., University of
Pennsylvania
B.S., Urban and Regional
Planning, Michigan State
University
16 YEARS’ EXPERIENCE

CERTIFICATIONS/

REGISTRATION
Leadership in Energy and
Environmental Design
Accredited Professional

PROFESSIONAL

AFFILIATIONS
San Francisco Planning +
Urban Research
Association (SPUR)
Urban Land Institute
AWARDS
2016 California Top 20
under 40 Professional,
Engineering News Record

SPEAKING

ENGAGEMENTS
Guest Panelist, Associated
Students in Planning and
Development BIPOC
Panel, USC Price School of
Public Policy, 2022
Guest Speaker, “Planning
and Design Overview”,
Multi-Organization
Internship Program, 2022
#1..
- 141 -
Beverly Choi, LEED AP (Continued)
Community Planning Program Manager
Environmental Science Associates
esassoc.com
analyses, utility and mobility planning, fiscal and economic development analyses, affordable housing and antidisplacement strategies, placemaking strategies, design guidelines, development standards, a financing plan and preparation of the Specific Plan and environmental analysis.

City of Vacaville, Downtown Priority Development Area Specific Plan and Downtown Connectivity and Streetscape Design Plan, City of Vacaville, CA. Project Manager. Beverly serves as the Project Manager and Senior Planner for the preparation of the Downtown Specific Plan, Downtown Connectivity and Streetscape Design Plan, and associated environmental documentation. The Specific Plan identifies strategies to enhance placemaking, mobility, and economic growth; analyzes infrastructure and financial constraints to development; presents development and design standards and guidelines unique to Downtown zoning districts; and identifies several development prototypes that prioritize residential and establishes a framework that outlines the incentives to develop these types of prototypes in select Downtown areas. A key project goal is to provide a broad range of quality housing choices in Downtown. As project manager, Beverly led all aspects of the project, including coordination on all analyses, communication between the client and broader multi-disciplinary project team, and preparation of the Specific Plan.

Lewis Planned Communities, Arboretum Specific Plan, Rancho Cordova, CA. Project Manager. This project was a new sustainable community comprised of 1,400 acres in Rancho Cordova, California. The Specific Plan included site-specific sustainability policies and design guidelines for a high quality and innovative community. The plan proposed a shift from the predominance of low-density, disconnected developments by building compact and walkable neighborhoods organized around formative open spaces and community amenities. The plan exceeded the City’s requirements for community amenities and ecological protection and 37 percent of the site was dedicated to open space. The plan accommodated more than 5,000 residential units, three commercial centers, two elementary schools, and one combined middle/high school. This community had to balance fiscal success and ecological sensitivity; therefore, economic and environmental sustainability considerations were given equal footing.

Confidential Client, Master Planning Services, Sacramento County, CA. Project Manager and Senior Urban Planner.

Working directly with the client Vice President of Real Estate and Senior Development Director, Beverly served as the Project Manager and Senior Urban Planner on a 6,000-acre property located in a prominent California gateway location.

This project is envisioned as a vibrant, mixed-use collection of communities, each thoughtfully designed to embrace smart-growth best practices and maximize access to open space to interconnect neighborhoods with services. The master planned project features over 18,000 residential units, several million square feet of commercial, office and industrial use, and over 900 acres dedicated to active and passive green space. Client services include land use planning, policy analysis, program test fits, and preparation of market studies, design guidelines and a Specific Plan. Portions of the project either have been sold, are in the entitlement process or are fully entitled.

Confidential Client, Tea Plantation Concept Master Plan, Hawaii. Project Manager. Beverly served as the Project Manager and ensured the design intent and program of the project considered a balance of the client’s vision, community’s expectations, and realities of the market. The project offered the unique opportunity to create a worldclass, agricultural-themed tourism destination on a 1,600-acre property nestled in close proximity to a popular national park. Given the sensitivity toward development in this area from an environmental and cultural perspective, public engagement played an important role to keep the community up-to-date. Thoughtful phasing of the program, which included agriculture, cultural and educational amenities, and estate living, was critical. Analyses on viewshed, access, climatic conditions, among other considerations were conducted to identify developable areas on site. #1..
- 142 -
Shannon Wages, AICP
Principal Planner
Environmental Science Associates
esassoc.com
Shannon Wages is an urban planner with over 18 years’ experience specializing in managing long-range planning documents as well as complex land use entitlement projects. Ms. Wages has successfully managed the preparation of multiple general plans, climate adaptation plans, specific plans, zoning ordinances, housing elements, downtown plans, visioning plans, corridor studies, and economic feasibility studies. She has received multiple awards from the American Planning Association (APA) for her planning projects.

Ms. Wages considers community outreach central to any project and develops outreach strategies that reach broadly and deeply into a community. Ms. Wages also helps cities implement their plans through entitling development projects or assisting with grant funding and financing mechanisms. She combines her experience in planning, urban design, climate adaptation, and community outreach to achieve desired projects that realize the community’s goals and objectives. From planning and conceptual design to certificates of occupancy, she is involved throughout the process, facilitating positive growth and change in the communities she represents.

Relevant Experience
City of Mountain View, Housing Element Update and EIR. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update and EIR for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. As senior planner, Shannon helped oversee and prepare the robust housing sites inventory and constraints analyses, General Plan consistency analysis, and development of a webmap display for the sites inventory. In order to meet the City’s RHNA, ESA worked with the project team and coordinated with HCD over the course of the project to refine the inventory methodology to meet the RHNA.

Napa County, Housing Element Update and Safety Element. Senior Planner. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading

EDUCATION
MA, Urban Planning/Design,
University of Southern California
BA, Humanities/Spanish,
Brigham Young University
18 YEARS EXPERIENCE

CERTIFICATIONS/

REGISTRATION
American Institute of Certified
Planners (AICP)
American Society of Adaptation
Professionals (ASAP)

PROFESSIONAL AFFILIATIONS
American Planning Association
(APA)
American Society of Adaptation
Professionals (ASAP)
#1..
- 143 -
Shannon Wages, AICP (Page 2)
Principal Planner
Environmental Science Associates
esassoc.com
Napa County’s public outreach efforts. Shannon managed the preparation of the Safety Element Update.

Indio Housing Element Update and Pro-Housing Strategies. Shannon Wages is serving as Project Manager in charge of the City of Indio’s Housing Element Update. This is a two-part project to comprehensively update the City’s 2014-2021 Housing Element for compliance with the requirements of the 6th Cycle Regional Housing Needs Assessment (RHNA) process; and to evaluate pro-housing policies focused on financial issues, including direct financial incentives, organization strategies, fee strategies, trust fund options and gap financing alternatives for workforce and affordable housing to facilitate the planning, approval and construction of housing. As part of this effort, Ms. Wages is working closely with Staff to organize and facilitate a community outreach approach that brings stakeholders and the community together to work on identifying housing needs and collaborating to develop solutions for meeting the housing needs of all members of the population, with an emphasis on affordable housing production.

El Cajon Housing, Safety, and Environmental Justice Elements; City El Cajon, California. Shannon Wages is serving as principal in charge of the City of El Cajon Housing, Safety, and Environmental Justice Elements. Ms. Wages is overseeing the project and ensuring that all elements are internally consistent with each other and the City’s General Plan. The Housing Element will identify appropriate sites for the additional 3,000 units needed to meet the RHNA and provide a roadmap to implement specific objectives with funding sources and responsible agencies. The Safety and Environmental Justice Elements provide a succinct assessment of the natural hazards, climate change effects, and public health issues facing the City of El Cajon and provides specific and actionable policy that address safety needs community wide, as well as policies specific to the disadvantaged communities.

Highland Housing, Safety, and Environmental Justice Elements; City of Highland, California. Shannon Wages is serving as principal in charge of Highland’s Housing and Safety (including Environmental Justice) Elements and acting as project manager of the Housing Element. The Housing Element will identify appropriate sites needed to meet the RHNA.

Ms. Wages is helping to develop programs to implement the Housing Element that are consistent with state law and are suited to meet the specific needs of the community. Ms. Wages is also overseeing the preparation of a detailed assessment of the hazards affecting the City of Highland, when they may occur, where the City of Highland is most vulnerable, and which communities are most impacted by hazards. As part of this effort, Dudek is participating in the creation of a virtual outreach hub, including news/events, resources, and other project details, in addition to three online public workshops.

City of Irwindale Housing, Safety, and Environmental Justice Elements, Irwindale, CA. Project Manager. ESA is preparing the Housing, Safety, and Environmental Justice Elements for the City of Irwindale. The City is entirely within a superfund site and is heavily industrialized, with a large daytime employment population (~40,000) and a small resident population (>2,000). The State of California identified the entire community as disadvantaged, necessitating the preparation of an Environmental Justice Element to address and mitigate pollution burdens and other inequities facing the community. Shannon is overseeing the preparation of the Environmental Justice Element and update to the City’s Safety Element. The focus of this planning effort is to improve the sustainability, resilience, health and safety of the community. Key topics of concern for both residents and employees include the need to improve air quality through cleaner industry, improve bike and pedestrian infrastructure, and increase the City’s tree canopy. #1..
- 144 -
Luke Evans
CEQA Program Manager
Environmental Science Associates
esassoc.com
Luke Evans has developed a reputation throughout his 20-year career for being able to successfully manage a wide range of project types, and his multi-disciplinary training allows him to work within a broad range of environmental fields. He has managed environmental document preparation for large-scale residential, commercial, and industrial projects in urban and rural settings, military installation master plans, utilityscale solar developments, affordable housing projects, and regional communication site networks. While working in southern California, Luke managed preparation of an EIR for a 1,500-acre redevelopment project in the City of Rialto that included 3,853 residential units and 6.8 million square feet of commercial and industrial uses. Smaller-scale developments have included projects in the Cities of San Bernardino and San Dimas that proposed residential development along the wildland-urban interface that presented severe risks from wildfire as well as potential impacts to sensitive species and visual resources. Here in northern California, Luke is currently managing the preparation of an EIR on behalf of the County of Sacramento for the Grandpark Specific Plan, a project with a 30-year timeline that will guide the future development of 5,675 acres of agricultural lands north of downtown Sacramento. The plan will essentially provide for a population of nearly 60,000 people, with 22,000 residential units, millions of square feet of regional and neighborhood commercial uses, a regional hospital, and extensive open space and flood control infrastructure. Based in Petaluma, Luke works easily throughout the region.

Relevant Experience
Sacramento Housing and Redevelopment Agency On-call Services, Sacramento, CA.

Project Manager. Since 2016, Luke has overseen ESA’s on-call contract with the Sacramento Housing and Redevelopment Agency (SHRA) for CEQA and NEPA compliance for residential projects overseen by SHRA. Most recently, work under the on-call has focused on NEPA compliance for residential projects receiving U.S. Department of Housing and Urban Development (HUD) grants and associated funding. In this capacity, Luke has overseen multi-disciplinary teams evaluating proposed housing projects in Downtown Sacramento, the River District, South Sacramento, and Elk Grove. Issues typically associated with these types of high-density infill projects include historic resources, environmental justice, hazardous materials, visual resources, and traffic and transportation. Under Luke’s leadership, about a half-dozen NEPA documents have been prepared for projects that total more than 800 affordable housing units in Sacramento County.

City and County of San Francisco, Mayor’s Office of Housing and Community Development On-Call Services, San Francisco, CA. Project Director. Since 2018, Luke has overseen ESA’s on-call contract with the San Francisco Mayor’s Office of Housing with respect to NEPA compliance for residential projects receiving U.S. Department of Housing and Urban Development (HUD) grants and associated funding. In this capacity, Luke has overseen multi-disciplinary teams evaluating proposed housing projects on Treasure

EDUCATION
M.S., Environmental
Policy and Natural
Resource Management,
University of Arizona,
Tucson, 2002
B.A., History and Religious
Studies, University of
Arizona, Tucson, 1992
25 YEARS’ EXPERIENCE
#1..
- 145 -
Luke Evans (Continued)
CEQA Program Manager
Environmental Science Associates
esassoc.com
Island, and in the Mission District, Mission Bay, Tenderloin, Bayview, and South of Market neighborhoods in the City.

Issues typically associated with these types of high-density infill projects include historic resources, environmental justice, hazardous materials, visual resources, and traffic and transportation. Under Luke’s leadership, more than a halfdozen NEPA documents have been prepared for projects that total more than 2,000 residential units in the City.

Sonoma Community Development Commission, Cherry Creek Village Supportive Affordable Housing Project, Cloverdale, CA. Project Manager. In his role as the on-call environmental services manager for the Community Development Commission’s environmental compliance requirements, Luke provided environmental oversight and coordination assistance for preparation of a NEPA Environmental Assessment (EA) for the construction of 24 affordable housing units in Cloverdale. The project will convert an historic 1938 motor hotel into affordable apartments for households earning no more than 60 percent of the area median income. Luke managed the County’s consultation with the State Historic Preservation Office (SHPO), reviewed the applicant’s EA, and provided coordination for the EA’s circulation and issuance of a Finding of No Significant Impact.

City of Lafayette, 6th Cycle Housing Element Update EIR, Contra Costa County, CA. Project Manager. Luke is currently serving as project manager for preparation of an EIR for the City of Lafayette’s 6th Cycle Housing Element Update (HEU).

The HEU will incorporate the City’s obligations under the Regional Housing Needs Assessment (RHNA) to provide opportunities for the provision of 2,114 additional units of housing, plus an appropriate buffer. The EIR will evaluate the effects of implementing the HEU. Issues of particular concern include aesthetics, air quality, historic architectural resources, tribal cultural resources, greenhouse gas emissions, land use and planning, noise, population and housing, public services and recreation, transportation, wildfire, emergency evacuation, and utilities.

City of Menlo Park, 6th Cycle Housing Element Update EIR, San Mateo County, CA. Project Manager. Luke is currently serving as project manager for preparation of an EIR for the City of Menlo Park’s 6th Cycle Housing Element Update (HEU).

Santa Clara County, 6th Cycle Housing Element Update, Santa Clara County, CA. Project Manager. Luke is currently serving as project manager for preparation of an EIR for the City of Menlo Park’s 6th Cycle Housing Element Update (HEU).

The HEU will incorporate the City’s obligations under the Regional Housing Needs Assessment (RHNA) to provide opportunities for the provision of 2,946 additional units of housing, plus an appropriate buffer. The EIR will evaluate the effects of implementing the HEU. Issues of particular concern include aesthetics, air quality, historic architectural resources, tribal cultural resources, greenhouse gas emissions, land use and planning, noise, population and housing, public services and recreation, transportation, and utilities. #1..
- 146 -
Ethan Wynacht
Planner
Environmental Science Associates
esassoc.com
Ethan Wynacht is an environmental planner working at entry level on planning project research, analysis, and writing. Prior to joining ESA, Ethan attended the University of California, Davis, where he earned a BS in Environmental Policy Analysis and Planning with an emphasis in Inclusive Policy Development. While at UC Davis he conducted research with Dr. Gwen Arnold on the environmental and social impacts of fracking. Ethan also held a board position with the UC Davis MANNRS program, working to promote diversity in the environmental sector through outreach and student support programming. As programming committee lead with UC Davis Undergraduate Admissions, he gained additional outreach and program develoment experience.

Relevant Experience
City of Mountain View Housing Element (2023-2031). Environmental Technical Analyst.

In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update for the City of Mountain View. While many ABAG jurisdictions saw a significant increase between the 5th and 6th cycle Regional Housing Needs Allocation (RHNA), the largely built out City had a nearly fourfold increase between these two cycles and had the third highest 6th cycle RHNA in Santa Clara County, behind the cities of Sunnyvale and Santa Clara, both of whom have land areas much greater than Mountain View. Ethan is assisting ESA’s tasks involving the robust housing sites inventory and constraints analyses.

Napa County Housing Element 2023-2031. Environmental Technical Analyst. In collaboration with BAE Urban Economics, ESA is preparing the 2023-2031 Housing Element Update, Safety Element refinements, and EIR. The 6th cycle housing element presents new challenges for Napa County; most notably, the need to plan for a significant increase in residential units in unincorporated areas to address the County’s Regional Housing Needs Allocation (RHNA). While changes in State law have led to considerable increases in the RHNA that most local jurisdictions in California will need to accommodate, Napa County faces a particularly large percentage increase in the 6th cycle. As part of this effort, ESA is leading key tasks including the housing sites inventory and analysis of constraints, environmental review, preparing targeted updates to the County’s Safety Element, other conforming General Plan amendments and zoning text/map amendments, and leading Napa County’s public outreach efforts. Ethan is assisting with the sites inventory analysis and response to HCD comments.

Alameda County Environmental Justice Element. Environmental Technical Analyst.

Alameda County is joining many other jurisdictions throughout California in addressing environmental justice (EJ), by preparing an Environmental Justice chapter or “element” in the County General Plan. Alameda County recognizes that there are environmental justice issues in its unincorporated communities. The impacts of environmental injustice have led to disproportionate environmental burdens being placed on low-income families and

EDUCATION
BS, Environmental Policy
Analysis & Planning,
University of California,
Davis, 2022
1 YEARS’ EXPERIENCE
#1..
- 147 -
Ethan Wynacht (Continued)
Planner I
Environmental Science Associates
esassoc.com
BIPOC (Black, Indigenous, and People of Color) communities. These burdens affect health outcomes, food access, safety, community opportunities, and many other integral aspects of peoples’ lives. The EJ Element is being developed through extensive community and stakeholder engagement. The element contains goals, policies, and actions that reflect the values and needs of affected communities. Ethan supported the development of said goals, policies, and actions.

Prior to ESA
University of California, Davis, Dr. Gwen Arnold, Davis, California. Researcher. Prior to ESA, Ethan conducted independent data collection for a research project that analyzed the impacts of fracking “boom bust cycles” on communities in the North Eastern United States.

University of California, Davis, Undergraduate Admissions, Davis, California. Committee Lead. Prior to ESA, Ethan led the programming committee within the UC Davis Transfer Opportunity Program. He contributed to strategic efforts to reach and support underrepresented community college students by presenting at student support events with over 100 participants, coordinating and managing a team of student outreach ambassadors, and spearheading outreach tasks, including student mentorship, media development, and resource compilation.

MANRRS at UC Davis, Davis, California. Publicity Coordinator & Board Member. Prior to ESA, Ethan collaborated with a diverse team to lead and organize operations for the UC Davis Multiculturalism in Agriculture, Natural Resources, and Related Sciences program. He managed social media accounts with over 1,200 followers, coordinated with industry sponsors, and developed a weekly newsletter for over 700 recipients. Ethan won the MANRRS Regional Cluster Impromptu Speech contest and went on to compete at the national level.

The Putah Creek Council, Environmental Stewardship, Winters, California. Restoration Technician Intern. Ethan completed fieldwork alongside experienced technicians in riparian ecosystems throughout Yolo County; he gained experience with species identification, plug planting, hedgerow management, trail maintenance, irrigation, invasive plant removal, and other restoration techniques.
#1..
- 148 -

CITY OF MODESTO

ECONOMIC DEVELOPMENT

COMMITTEE AGENDA REPORT
DATE OF MEETING:

April 3, 2023
Date: March 15, 2023
TO: Economic Development Committee
Sue Zwahlen, Chair
Chris Ricci, Vice-Chair
Eric Alvarez, Member
THROUGH: Joseph P. Lopez, City Manager
FROM: Jessica Hill, Interim Director of Community and Economic Development SUBJECT: 7th Street Bridge Replacement Project Approval of Public Utility Agreements CONTACT: Toby Wells, City Engineer, [email protected], 209-571-5542 DESCRIPTION:

Consider authorizing the City Manager, or authorized designee, to approve Agreements with various Public Utility Companies, including Union Pacific Railroad, AT&T, State Lands Commission, and other public agencies as necessary to facilitate the construction of the new 7th Street bridge over the Tuolumne River. (Funding Source: Capital Facilities Fees) STRATEGIC PLAN ELEMENT:

The recommended action is consistent with the City Council’s 2020-2025 Strategic Plan, Goal D Ensure Safe, Efficient, and Reliable Infrastructure.

BACKGROUND:

The Stanislaus County Department of Public Works (County), in cooperation with the City of Modesto (City), the California Department of Transportation (Caltrans), and the Federal Highway Administration (FHWA) have undertaken a project to replace the historic 7th Street Bridge over the Tuolumne River to correct structural and hydraulic deficiencies, increase the capacity of the 7th Street corridor, and improve safety for vehicles, bicycles, and pedestrians.

The historic 7th Street Bridge over the Tuolumne River was built in 1916 by Stanislaus County and consists of a series of “canticrete” type trusses supported on reinforced concrete piers and abutments all founded on concrete or timber piling. The entire bridge span is approximately 1,170 feet in length and the Average Daily Traffic (ADT) volume is approximately 15,700 vehicles per day.

The bridge is the lowest-rated bridge within the eight counties in Caltrans District 10, with a Sufficiency Rating of 2, on a scale of 1 to 100. Although the bridge is currently considered structurally sound, there is significant spalling, advanced signs of alkali silica reaction, exposed #2..
- 149 -
Economic Development Committee, April 3, 2023
7 th Street Bridge Replacement Project Approval of Public Utility agreements

Page 2 of 3 ends

Economic Development CommitteeApril 3, 2023

Economic Development Committee
April 3, 2023