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HomeMy WebLinkAboutPlaceWorks - 2015 AgreementAGREEMENT FOR SERVICES (For contracts over $5,000 - CONSULTANT) This AGREEMENT made this 20th day of Aril, 2015, between: CITY: City of Gilroy, having a principal place of business at 7351 Rosanna Street, Gilroy, California and CONSULTANT: Placeworks, having a principal place of business at 1625 Shattuck Avenue, Suite 300, Berkeley, California 94709. ARTICLE 1. TERM OF AGREEMENT This Agreement will become effective on April 21, 2015 and will continue in effect through June 30, 2018 unless terminated in accordance with the provisions of Article 7 of this Agreement. Any lapse in insurance coverage as required by Article 5, Section D of this Agreeme s l terminate this Agreement regardless of any other provision stated herein. Initial ARTICLE 2. INDEPENDENT CONTRACTOR STATUS It is the express intention of the parties that CONSULTANT is an independent contractor and not an employee, agent, joint venturer or partner of CITY. Nothing in this Agreement shall be interpreted or construed as creating or establishing the relationship of employer and employee between CITY and CONSULTANT or any employee or agent of CONSULTANT. Both parties acknowledge that CONSULTANT is not an employee for state or federal tax purposes. CONSULTANT shall not be entitled to any of the rights or benefits afforded to CITY'S employees, including, without limitation, disability or unemployment insurance, workers' compensation, medical insurance, sick leave, retirement benefits or any other employment benefits. CONSULTANT shall retain the right to perform services for others during the term_ of this Agreement. ARTICLE 3. SERVICES TO BE PERFORMED BY CONSULTANT A. Specific Services CONSULTANT agrees to: Perform the services as outlined in Exhibit "A" ( "Specific Provisions ") and Exhibit "B" ( "Scope of Services "), within the time periods described in Exhibit "C" ( "Milestone Schedule "). B. Method of Performing Services CONSULTANT shall determine the method, details and .means of performing the above - described services. CITY shall have no right to, and shall not, control the manner or determine the method of accomplishing CONSULTANT'S services. 4835- 2267 -0361v1 _ 1 LACM706083 C. Employment of Assistants CONSULTANT may, at the CONSULTANT'S own expense, employ such assistants as CONSULTANT deems necessary to perform the services required of CONSULTANT by this Agreement, subject to the prohibition against assignment and subcontracting contained in Article 5 below. CITY may not control, direct, or supervise CONSULTANT'S assistants in the performance of those services. CONSULTANT assumes full and sole responsibility for the payment of all compensation and expenses of these assistants and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholding. D. Place of Work CONSULTANT shall perform the services required by this Agreement at any place or location and at such times as CONSULTANT shall determine is necessary to properly and timely perform CONSULTANT'S services. ARTICLE 4. COMPENSATION A. Consideration In consideration for the services to be performed by CONSULTANT, CITY agrees to pay CONSULTANT the amounts set forth in Exhibit "D" ( "Payment Schedule "). In no event however shall the total compensation paid to CONSULTANT exceed $784,110. B. Invoices CONSULTANT shall submit invoices for all services rendered. C. Payment Payment shall be due according to the payment schedule set forth in Exhibit "D ". No payment will be made unless CONSULTANT has first provided City with a written receipt of invoice describing the work performed and any approved direct expenses (as provided for in Exhibit "A ", Section IV) incurred during the preceding period. If CITY objects to all or any portion of any invoice, CITY shall notify CONSULTANT of the objection within thirty (30) days from receipt of the invoice, give reasons for the objection, and pay that portion of the invoice not in dispute. It shall not constitute a default or breach of this Agreement for CITY not to pay any invoiced amounts to which it has objected until the objection has been resolved by mutual agreement of the parties. D. Expenses CONSULTANT shall be responsible for all costs and expenses incident to the performance of services for CITY, including but not limited to, all costs of equipment used or provided by CONSULTANT, all fees, fines, licenses, bonds or taxes required of or imposed against CONSULTANT and all other of CONSULTANT'S costs of doing business. CITY shall not be 4835- 2267 -03610 _2 _ LAC104706083 responsible for any expenses incurred by CONSULTANT in performing services for CITY, except for those expenses constituting "direct expenses" referenced on Exhibit "A." ARTICLE 5. OBLIGATIONS OF CONSULTANT A. Tools and Instrumentalities CONSULTANT shall supply all tools and instrumentalities required to perform the services under this Agreement at its sole cost and expense. CONSULTANT is not required to purchase or rent any tools, equipment or services from CITY. B. Workers' Compensation CONSULTANT agrees to provide workers' compensation insurance. for CONSULTANT'S employees and agents and agrees to hold harmless, defend with counsel acceptable to CITY and indemnify CITY, its officers, representatives, agents and employees from and against any and all claims, suits, damages, costs, fees, demands, causes of action, losses, liabilities and expenses, including without limitation reasonable attorneys' fees, arising out of any injury; disability, or death of any of CONSULTANT'S employees. C. Indemnification of Liability, Duty to Defend 1. As to professional liability, to � the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs,, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, to the extent arising or resulting directly or indirectly from any willful or negligent acts, errors or omissions of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. 2. As to other liability, to the fullest extent permitted by law, CONSULTANT shall defend, through counsel approved by CITY (which approval shall not be unreasonably withheld), indemnify and hold harmless CITY, its officers, representatives, agents and employees against any and all suits, damages, costs, fees, claims, demands, causes of action, losses, liabilities and expenses, including without limitation attorneys' fees, arising or resulting directly or indirectly from any act or omission of CONSULTANT or CONSULTANT'S assistants, employees or agents, including all claims relating to the injury or death of any person or damage to any property. D. Insurance In addition to any other obligations under this Agreement, CONSULTANT shall, at no cost to CITY, obtain and maintain throughout the term of this Agreement: (a) Commercial Liability Insurance on a per occurrence basis, including coverage for owned and non -owned automobiles, with a minimum combined single limit coverage of $1,000,000 per occurrence for all damages due to bodily injury, sickness or disease, or death to any person, and damage to property, 4835 - 2267 -0361A _3_ LACN706083 including the loss of use thereof; and (b) Professional Liability Insurance (Errors & Omissions) . with a minimum coverage of $1,000,000 per occurrence or claim, and $2,000,000 aggregate; provided however, Professional Liability Insurance written on a claims made basis must comply with the requirements set forth below. Professional Liability Insurance written on a claims made basis (including without limitation the initial policy obtained and all subsequent policies purchased as renewals or replacements) must show the retroactive date, and the retroactive date must be before the earlier of the effective date of the contract or the beginning of the contract work. Claims made Professional Liability Insurance must be maintained, and written evidence of insurance must be provided, for at least five (5) years after the completion of the contract work. If claims made coverage is canceled or non- renewed, and not replaced with another claims -made policy form with a retroactive date prior to the earlier of the effective date of the contract or the beginning of the contract work, CONSULTANT must purchase so called "extended .reporting" or "tail" coverage for a minimum of five (5) years after completion of work, which must also show a retroactive date that is before the earlier of the effective date of the contract or the beginning of the contract work. As a condition precedent to CITY'S obligations under this Agreement, CONSULTANT shall furnish written evidence of such coverage (naming CITY, its officers and employees as additional insureds on the Comprehensive Liability insurance policy referred to in (a) immediately above via a specific endorsement) and requiring thirty (30) days written notice of policy lapse or cancellation, or of a material change in policy terms. E. Assignment Notwithstanding any other provision of this Agreement, neither this Agreement nor any duties or obligations of CONSULTANT under this Agreement may be assigned or subcontracted by CONSULTANT without the prior written consent of CITY, which CITY may withhold in its sole and absolute discretion. F. State and Federal Taxes As CONSULTANT is not CITY'S employee, CONSULTANT shall be responsible for paying all required state and federal taxes. Without limiting the foregoing, CONSULTANT acknowledges and agrees that: • CITY will not withhold FICA (Social Security) from CONSULTANT'S payments; • CITY will not make state or federal unemployment insurance contributions on CONSULTANT'S behalf; • CITY will not withhold state or federal income tax from payment to CONSULTANT; • CITY will not make disability insurance contributions on behalf of CONSULTANT; • CITY will not obtain workers' compensation insurance on behalf of CONSULTANT. 4835- 2267.0361v1 LAC104706083 -4- ARTICLE 6. OBLIGATIONS OF CITY A. Cooperation of City CITY agrees to respond to all reasonable requests of CONSULTANT and provide access, at reasonable times following receipt by CITY of reasonable notice, to all documents reasonably necessary to the performance of CONSULTANT'S duties under this Agreement. B. Assignment CITY may assign this Agreement or any duties or obligations thereunder to a successor governmental entity without the consent of CONSULTANT. Such assignment shall not release CONSULTANT from any of CONSULTANT'S duties or obligations under this Agreement. ARTICLE 7. TERMINATION OF AGREEMENT A. Sale of Consultant's Business/ Death of Consultant. CONSULTANT shall notify CITY of the proposed sale of CONSULTANT's business no later than thirty (30) days prior to any such sale. CITY shall have the option of terminating this Agreement within thirty (30) days after receiving such notice of sale. Any such CITY termination pursuant to this Article 7.A shall be in writing and sent to the address for notices to CONSULTANT set forth in Exhibit A, Subsection V.H., no later than thirty (30) days after CITY' receipt of such notice of sale. If CONSULTANT is an individual, this Agreement shall be deemed automatically terminated upon death of CONSULTANT. B. Termination by City for Default of Consultant Should CONSULTANT default in the performance of this Agreement or materially breach any of its provisions, CITY, at CITY'S option, may terminate this Agreement by giving written notification to CONSULTANT. For the purposes of this section, material breach of this Agreement shall include, but not be limited to the following: 1. CONSULTANT'S failure to professionally and /or timely perform any of the services contemplated by this Agreement. 2. CONSULTANT'S breach of any of its representations, warranties or covenants contained in this Agreement. CONSULTANT shall be entitled to payment only for work completed in accordance with.the terms of this Agreement through the date of the termination notice, as reasonably determined by CITY, provided that such payment shall not exceed the amounts set forth in this Agreement for the tasks described on Exhibit C" which have been fully, competently and timely rendered by CONSULTANT. Notwithstanding the foregoing, if CITY terminates this Agreement due to CONSULTANT'S default in the performance of this Agreement or material breach by CONSULTANT of any of its provisions, then in addition to any other rights and remedies CITY 4835 - 2267 -0361v1 _5_ LAC104706083 may have, CONSULTANT shall reimburse CITY, within ten (10) days after demand, for any and all costs and expenses incurred by CITY in order to complete the tasks constituting the scope of work as described in this Agreement, to the extent such costs and . expenses exceed the amounts CITY would have been obligated to pay CONSULTANT for the performance of that task pursuant to this Agreement. C. Termination for Failure to Make Agreed -Upon Payments Should CITY fail to pay CONSULTANT all or any part of the compensation set forth in. Article 4 of this Agreement on the date due, then if and only if such nonpayment constitutes a default under this Agreement, CONSULTANT, at the CONSULTANT'S option, may terminate this Agreement if such default is not remedied by CITY within thirty (30) days after demand for such payment is given by CONSULTANT to CITY. D. Transition after Termination Upon termination, CONSULTANT shall' immediately stop work, unless cessation could potentially cause any damage or harm to person or property, in which case CONSULTANT shall cease such work as soon as it is safe to do so. CONSULTANT shall incur no further expenses in connection with this Agreement. CONSULTANT shall promptly deliver to CITY all work done toward completion of the services required hereunder, and shall act in such a manner as to facilitate any the assumption of CONSULTANT's duties by any new consultant hired by the CITY to complete such services. ARTICLE S. GENERAL PROVISIONS A. Amendment & Modification No amendments, modifications, alterations or changes to the terms of this Agreement shall be effective unless and until made in a writing signed by both parties hereto. B. Americans with Disabilities Act of 1990 Throughout the term of this Agreement, the CONSULTANT shall comply fully with all applicable provisions of the Americans with Disabilities Act of 1990 ( "the Act ") in its current form and as it may be amended from time to time. CONSULTANT shall also require such compliance of all subcontractors performing work under this Agreement, subject to the prohibition against assignment and subcontracting contained in Article S above. The CONSULTANT shall defend with counsel acceptable to CITY, indemnify and hold harmless the CITY OF GIL.ROY, its officers, employees, agents and representatives from and against all suits, claims, demands, damages, costs, causes of action, losses, liabilities, expenses and fees, including without limitation reasonable attorneys' fees, that may arise out of any violations of the Act by the CONSULTANT, its subcontractors, or the officers, employees, agents or representatives of either. 4835. 2267 -0361v1 LACW47OM3 -6` C. Attorneys' Fees If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party will be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled. D. Captions The captions and headings of the various sections, paragraphs and subparagraphs of the Agreement are for convenience only and shall not be considered nor referred to for resolving questions of interpretation. E. Compliance with Laws The CONSULTANT shall keep itself informed of all State and National laws and all municipal ordinances and regulations of the CITY which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Without limiting the foregoing, CONSULTANT agrees to observe the provisions of the Municipal Code of the CITY .OF GILROY, obligating every contractor or subcontractor under a contract or subcontract to the CITY OF GILROY for public works or for goods or services to refrain from discriminatory employment or subcontracting practices on the basis of the race, color, sex, religious creed, national origin, ancestry of any employee, applicant for employment, or any potential subcontractor. F. Conflict of Interest CONSULTANT certifies that to the best of its knowledge, no CITY employee or office of any public agency interested in this Agreement has any pecuniary interest in the business of CONSULTANT and that no person associated with CONSULTANT has any interest that would constitute a conflict of interest in any manner or degree as to the execution or performance of this Agreement. G. Entire Agreement This Agreement supersedes any and all prior agreements, whether oral or written, between the parties hereto with respect to the rendering of services by CONSULTANT for CITY and contains all the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each parry to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement, statement or promise not contained in this Agreement shall be valid or binding. No other agreements or conversation with any officer, agent or employee of CITY prior to execution of this Agreement shall affect or modify any of the terms or obligations contained in any documents comprising this Agreement. Such other agreements or conversations shall be considered as unofficial information and in no way binding upon CITY. 4835 - 2267.03610 _�_ LACW4706083 H. Governing Law and Venue This Agreement shall be governed by and construed in accordance with the laws of the State of California without regard to the conflict of laws provisions of any jurisdiction. The exclusive jurisdiction and venue with respect to any and all disputes arising hereunder shall be in state and federal courts located in Santa Clara County, California. I. Notices Any notice to be given hereunder by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified, postage prepaid with return receipt requested. Mailed notices shall be addressed to the parties at the addresses appearing in Exhibit "A ", Section V.H. but each party may change the address by written notice in accordance with this paragraph. Notices delivered personally will be deemed delivered as of actual receipt; mailed notices will be deemed delivered as of three (3) days after mailing. J. Partial Invalidity If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way. K. Time of the Essence All dates and times referred to in this Agreement are of the essence. L. Waiver CONSULTANT agrees that waiver by CITY of any one or more of the conditions of performance under this Agreement shall not be construed as waiver(s) of any other condition of performance under this Agreement. Executed at Gilroy, California, on the date and year first above written. CONSULTANT: CITY: Placeworks By: jf&V7 Name: Steve Noack Title: Principal Social Security or Taxpayer Identification Number 95- 2975827 036- 2267 -03610 LACW4706083 ITY F GILROY By: Name: Thomas J. Haglund , Title: City Administrator Approved as to Form J � ity Attomey 4835 - 2267- 0361v1 _9_ LAM4706083 EXHIBIT "A" SPECIFIC PROVISIONS I. PROJECT MANAGER CONSULTANT shall provide the services indicated on the attached Exhibit "B ", Scope of Services ( "Services "). (All exhibits referenced are incorporated herein by reference.) To accomplish that end, CONSULTANT agrees to assign Bruce Brubaker, who will act in the capacity of Project Manager, and who will personally direct such Services. Except as may be specified elsewhere in this Agreement, CONSULTANT shall furnish all technical and professional services including labor, material, equipment, transportation, supervision and expertise to perform all operations necessary and required to complete the Services in accordance with the terms of this Agreement. II. NOTICE TO PROCEED /COMPLETION OF SERVICE A. NOTICE TO PROCEED CONSULTANT shall commence the Services upon delivery to CONSULTANT of a written "Notice to Proceed ", which Notice to Proceed shall be in the form of a written communication from designated City contact person(s). Notice to Proceed may be in the form of e-mail, fax or letter authorizing commencement of the Services. For purposes of this Agreement, David Bischoff shall be the designated City contact person(s). Notice to Proceed shall be deemed to have been delivered upon actual receipt by CONSULTANT or if otherwise delivered as provided in the Section V.H. ( "Notices ") of this Exhibit "A ". B. COMPLETION OF SERVICES When CITY determines that CONSULTANT has completed all of the Services in accordance with the terms of this Agreement, CITY shall give CONSULTANT written Notice of Final Acceptance, and CONSULTANT shall not incur any further costs hereunder. CONSULTANT may request this determination of completion when, in its opinion; it has completed all of the Services as required by the terms of this Agreement and, if so requested, CITY shall make this determination within two (2) weeks of such request, or if CITY determines that CONSULTANT has not completed all of such Services as required by this Agreement, CITY shall so inform CONSULTANT within this two (2) week period. III. PROGRESS SCHEDULE The schedule for performance and completion of the Services will be as set forth in the attached Exhibit "C ". IV. PAYMENT OF FEES AND DIRECT EXPENSES Payments shall be made to CONSULTANT as provided for in Article 4 of this Agreement. 4835. 2267- 0361v1 _ 1 LACW4706083 Direct expenses are charges and fees not included in Exhibit "B ". CITY shall be obligated to pay only for those direct expenses which have. been previously approved in writing by CITY. CONSULTANT shall obtain written approval from CITY prior to incurring or billing of direct expenses. Copies of pertinent financial records, including invoices, will be included with the submission of billing(s) for all direct expenses. V. OTHER PROVISIONS A. STANDARD OF WORKMANSHIP CONSULTANT represents and warrants that it has.-the qualifications, skills and licenses necessary to perform the Services, and its duties and obligations, expressed and implied, contained herein, and CITY expressly relies 'upon CONSULTANT'S representations and warranties regarding its skills, qualifications and licenses. ,,CONSULTANT shall perform such Services and duties in conformance to and consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Any plans, designs, specifications, estimates, calculations, reports and other documents furnished under this Agreement shall be of a quality acceptable to CITY. The minimum criteria for acceptance shall be a product of neat appearance, well- organized, technically and grammatically correct, checked and having the maker and checker identified. The minimum standard of appearance, organization and content of the drawings shall be that used by CITY for similar purposes. B. RESPONSIBILITY OF CONSULTANT CONSULTANT shall be responsible for the professional quality, technical accuracy, and the coordination of the Services furnished by it under this Agreement. CONSULTANT shall not be responsible for the accuracy of any project or technical information provided by the CITY. The CITY'S review, acceptance or payment for any of the Services shall not be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and CONSULTANT shall be and remain liable to CITY in accordance with applicable law for all damages to CITY caused by CONSULTANT'S negligent performance of any of the services furnished under this Agreement. C. RIGHT OF CITY TO INSPECT RECORDS OF CONSULTANT CITY, through its authorized employees, representatives or agents, shall have the right, at any and all reasonable times, to audit the books and records (including, but not limited to, invoices, vouchers, canceled checks, time cards, etc.) of CONSULTANT for the purpose of verifying any and all charges made by CONSULTANT in connection with this Agreement. CONSULTANT shall maintain for a minimum period of three (3) years (from the date of final payment to CONSULTANT), or for any longer period required by law, sufficient books and records in accordance with standard California accounting practices to establish the correctness of all charges submitted to CITY by CONSULTANT, all of which shall be made available to CITY at the CITY's offices within five (5) business days after CITY's request. 4835 - 2267 -0361v1 _2_ LAC104706083 D. CONFIDENTIALITY OF MATERIAL All ideas, memoranda, specifications, plans, manufacturing procedures, data (including, but not limited to, computer data and source code), drawings, descriptions, documents, discussions or other information developed or received by or for. CONSULTANT_ and all other written and oral information developed or received by or for CONSULTANT and all other written and oral information submitted to CONSULTANT in connection with the performance of this Agreement shall be held confidential by CONSULTANT and shall not, without the prior written consent of CITY, be used for any purposes other than the performance of the Services, nor be disclosed to an entity not connected with the performance of ' the such Services. Nothing furnished to CONSULTANT which is otherwise known to CONSULTANT or is or becomes generally known to the related industry (other than that which becomes generally known as the result of CONSULTANT'S disclosure thereof) shall be deemed confidential. CONSULTANT shall not use CITY'S name or insignia, or distribute publicity pertaining to the services rendered under this Agreement in any magazine, trade paper, newspaper or other medium without the express written consent of CITY. E. NO PLEDGING OF CITY'S CREDIT. Under no circumstances shall CONSULTANT have the authority or power to pledge the credit of CITY or incur any obligation in the name of CITY. F. OWNERSHIP OF MATERIAL. All material including, but not limited to, computer information, data and source code, sketches, tracings, drawings, plans, diagrams, quantities, estimates, specifications, proposals, tests, maps, calculations, photographs, reports and other, material developed, collected, prepared (or caused to be prepared) under this Agreement shall be the property of CITY, but CONSULTANT may retain and use copies thereof subject to Section V.D of this Exhibit "A". CITY shall not be limited in any way in its use of said material at any time for any work, whether or not associated with the City project for which the Services are performed. However, CONSULTANT shall not be responsible for, and City shall indemnify CONSULTANT from, damages resulting from the use of said material for work other than PROJECT, including, but not limited to, the release of this material to third parties for work other than on PROJECT. G. NO THIRD PARTY BENEFICIARY. This Agreement shall not be construed or deemed to be an agreement for the benefit of any third party or parties, and no third party or parties shall have any claim or right of action hereunder for any cause whatsoever. 4835- 2267- 0361v1 _3_ 1AC104706083 H. NOTICES_ Notices are to be sent as follows: CITY: David Bischoff City of Gilroy 7351 Rosanna Street Gilroy, CA 95020 CONSULTANT: Bruce Brubaker Placeworks 1625 Shattuck Avenue, Suite 300 Berkeley, CA 94709 I. FEDERAL FUNDING REQUIREMENTS. ❑ If the box to the left of this sentence is checked, this Agreement involves federal funding and the requirements of this Section V.I. apply. ® If the box to the left of this sentence is checked, this Agreement does not involve federal funding and the requirements of this Section V.I. do not apply. DBE Program CONSULTANT shall comply with the requirements of Title 49, Part 26, Code of Federal Regulations (49 CFR 26) and the City- adopted Disadvantaged Business Enterprise programs. Cost Principles Federal Acquisition Regulations in Title 48, CFR 31, shall be used to determine the allowable cost for individual items. Covenant against Contingent Fees The CONSULTANT warrants that he/she has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT, to solicit or secure this Agreement, and that he /she has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or formation of this Agreement. For breach or violation of this warranty, the Local Agency shall have the right to annul this Agreement without liability or, at its discretion, to deduct from the agreement price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. 4835- 2267 -03610 -4- LAC104706083 EXHIBIT "B" SCOPE OF SERVICES See attached WORK SCOPE AND COSTS EXHIBIT 6: WORK SCOPE AND COSTS REVISED 4 -2 -15 This exhibit describes the scope of services, schedule, products and meetings for the Downtown Gilroy Specific Plan Amendment and EIR to be conducted by P1aceWorks for the City of Gilroy in cooperation with Hatch Mott McDonald (HMM), Hexagon Transportation Consultants (Hexagon), and BAE Urban Economics (BAE). I. SCOPE OF SERVICES To facilitate your review of this proposal, we have prepared a concise scope based on the tasks described in the draft agreement between the City and the California High -Speed Rail Authority (CHSRA), dated 11/23/2011, and refined with City staff in December 2014 and January 2015. Our approach outlines the specific content of each task, deliverables, and meetings. This chapter is followed by a project schedule and detailed project budget. Phase 11 will consist of an amendment to the existing Downtown Gilroy Specific Plan, which was adopted on November 21, 2005, and an EIR for the Phase II project. (The EIR is for the Plan itself, not the implementation or construction of the HST rail, and the cost for the EIR is shown separate from Downtown Gilroy Specific Plan Amendment cost. This Task shall only be undertaken upon the express authorization of the City after receipt of funding for half the cost from the High Speed Rail Authority). The selection of a preferred corresponding vertical alignment (above grade or modified at- grade) for the Downtown location is one objective in the Alternatives Development process. The Phase 11 project will include all of the required components of a Specific Plan so that it can be adopted and implemented as such, upon completion of environmental review. A summary of the work program is presented in Table 1 PcaCEWORKS 1 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE 11 / DOWNTOWN SPECIFIC PLAN A M E N D M E N T EXHIBIT A: SCOPE OF WORK AND COSTS TABLE 1 WORK PROGRAM SUMMARY Task 0: Finalize Phase I - Gilroy High -Speed Train Station Vision Task A: Phase II Project Initiation 1. Phase II Coordination with CHSRA San Jose to Merced Team 2. Phase II Kick -Off Meeting 3. Data Gathering and Review 4. Base Map Preparation Task B: Opportunities and Constraints 1. Opportunities and Constraints Report 2. TAC Meeting #2: Admin Draft Opportunities and Constraints Task C: Alternatives Development 1. Opportunity Sites 2. Admin Draft Alternatives Preparation 3. TAC #3: Admin Draft Alternatives 4. City Council/ Planning Commission Study Session #1: Draft Alternatives 5. Refine Draft Alternatives Task D: Preferred Alternative Development 1. Admin Draft Preferred Alternative Development 2. TAC Meeting #4: Admin Draft Preferred Alternative 3. Draft Preferred Alternative and Guiding Principles 4. CAC Meeting #4: Draft Preferred Alternative and Guiding Principles 5. Public Outreach Program 6. Project Website 7. TAC Meeting #1 B. CAC Meeting #1 3. CAC Meeting #2: Draft Opportunities and Constraints 4. Stakeholder Interviews 5. Community Meeting #1: Opportunities and Constraints 6. Alternatives Technical Analysis 7. Alternatives Analysis Report 8. CAC Meeting #3: Alternatives Analysis 9. Community Meeting #2: Alternatives Analysis Results 5. Community Meeting #3: Draft Preferred Alternative and Guiding Principles 6. City Council /Planning Commission Study Session #2 7. Final Preferred Alternative Task E: Downtown Gilroy Specific Plan Amendment Preparation 1. Plan Components 2. Admin Draft Downtown Specific Plan Amendment 3. TAC Meeting #5: Admin Draft Plan 4. Public Review Draft Plan PLACEWORKS 5 .CAC Meeting #5: Draft Plan 6. Community Meeting #4: Draft Plan 7. City Council /Planning Commission Study Session #3 8. General Plan and Zoning Amendments 2 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E I I / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Task F: Preparation of EIR 1. NOP and Initial Study 7. Screencheck Draft EIR 2. Scoping Meeting 8. Public Review Draft EIR 3. Project Description 9. NOC and NOA 4. Environmental Review 10. Final EIR 5. Alternatives Evaluation 11. MMRP 6. Admin Draft EIR Task G: Public Review and Council Hearings 1. Planning Commission Hearing 3. Final Plan 2. City Council Hearing Task 0 Finalize Phase I - Gilroy High -Speed Train Station Vision The PlaceWorks team has completed the following work started during Phase I — Gilroy High -Speed Train Station Vision. • Coordination meetings with CHSRA; • Preparation of the Lewis Street Underpass Study; • Ongoing project website maintenance; • Investigation of potential parcel takings and loss of existing buildings in both Downtown and East Gilroy station locations to accommodate the two different vertical HSR alignments under consideration, as requested by City Council; • Preliminary identification of potential impacts of the station development to the existing neighborhood to the east of the station, as well as potential impacts on existing unreinforced masonry buildings caused by vibration; • Preparation of detailed cost estimates for different alignments; • Meeting with the Gilroy Public Works Department to start work on the utilities assessment; • Preparation of the project scope for Phase II. PLACEWORKS 3 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Task A. Phase II Project Initiation 1. Phase II Coordination with CHSRA San Jose to Merced Team P1aceWorks will meet with the CHSRA San Jose to Merced design and environmental team and City staff in a joint meeting to review the findings from Phase 1, and discuss the scope and schedule for Phase 1I. During the meeting the group will discuss results of the Phase I visioning process, status of the CHSRA team's work, updates on alignment, station design, and ridership projections, time line of the environmental work. Potential' refinements to the Phase II scope and schedule will be identified. The Federal Railroad Administration (FRA) Station Area Planning for High -Speed and Intercity Passenger Rail document (June 201 l) will be consulted as the Phase II scope and schedule is refined. The communication process between the ,project team and the CHSRA team and the availability of data and planning documents will be determined. 2. Phase II Kick -Off Meeting P1aceWorks will conduct a kick -off meeting involving the entire project team to refine Phase II scope and schedule. The kick -off meeting will include the review and approval of the physical outline of the Specific Plan Area boundary. A preliminary boundary of the Plan Area is shown below. PLACEWORKS Q APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E 11 / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS N� wuosooY � � 010 0 `r \ :8804DWI1Y ST faY �. CrIT (/�'�'''�Q�� 1 I. \IAn ��yt �MeST tt s+ �4 ��1een W��sY MA a �MSt �wu11W i HOYpWwilm � W ', � ! uaNOOnwuonoonn_..... auncdnln T Y � S vrioeWw F � _ '= WuJCNTTY wY _ iit N"Tw wY -� N. cc" Boundary O o LAIDD . QEaisung Do-- Speed¢ Plan Boundary Fal ' Addluonal S.dy Area '*'• High Speed Rall S—ion Locaobn Downtown Specific Plan Amendment Study Area PLACEWORK8 5 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E 11 / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS 3. Data Gathering and Review PlaceWorks Team will identify and collect any background information that is needed to supplement the information gathered during Phase 1, placing emphasis on the background data needed to support the location, transportation, and development issues identified in the FRA Station Area Planning document. This will include obtaining available updated planning and technical documents, projections, and data from the City, the CHSRA, and other transportation agencies. Traffic Counts at select intersections Hexagon will conduct additional traffic counts at select intersections. The number and locations of the intersections that need traffic counts will be determined by City staff. Hexagon will work with City staff to select up to 30 additional intersections to analyze. 4. Base Map Preparation PlaceWorks will use available GIS data and CAD files for the development of the project's base map. It is assumed that the City will provide GIS data, as well as .any existing CAD data available, to PlaceWorks. 5. Public Outreach Program PlaceWorks, in close collaboration with City staff, will create a public outreach program for Phase II by refining the public outreach program designed for Phase I of the project, based on "lessons learned" about which outreach methods were most successful. PlaceWorks will prepare a memorandum summarizing the public outreach program. The following public outreach efforts will be included: • Meeting Notices /Fliers. PlaceWorks will prepare text for meeting notices and fliers in both English and Spanish. PlaceWorks will pay for and provide up to 20 printed copies of fliers per each community meeting to the City. The City will distribute meeting notices and fliers. • Press Release /Newspaper Ads. PlaceWorks will create press releases or newspaper ads for each workshop including translation into Spanish. The City will distribute press releases or newspaper ads. • Newsletters. PlaceWorks will publish up to four newsletters on the project website throughout the project, highlighting key information and promoting upcoming opportunities to provide input on the project in both English and Spanish. PLACEWOJPKS 6 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS • Email Updates. PlaceWorks will prepare text for updates and announcements to subscribers to the project's email list. PlaceWorks will maintain and update the project's email list and distribute updates and announcements to the subscribers. • Community Meetings. PlaceWorks will prepare and hold four Community Meetings during the planning process. PlaceWorks will ,provide printed copies of meeting materials. The City will be responsible for meeting logistics, including schedule co- ordination, room reservations, translation services and refreshments. The Eliot Elementary School on Old Gilroy Street is suggested as a meeting place for one or more of the Community Meetings. PlaceWorks will provide a meeting summary of each CAC and Community Meeting. • Information Packet. PlaceWorks will create an information packet in English and Spanish. The packet will describe the project in accessible, friendly terms, encourage readers to participate, and describe ways they can engage. Outreach to Hispanic Organizations. PlaceWorks will attend up to three meetings with Hispanic leaders or organizations to gather their advice on how to engage the community, hear their perspective on the project and seek their commitment to participate. The CHSRA San Jose to Merced design and environmental team will' be encouraged to participate in all community meetings and included in the distribution of project reports and newsletters. The scheduling of the community meetings will be coordinated with the CHSRA San Jose to Merced design and environmental team's own work and schedule to avoid conflicts. 6. Project Website PlaceWorks will create and maintain a Phase II project website as a continuation of the Phase I website with updates at key points throughout this phase. Key points are the publication of products and completion of public meetings. 7. Technical Advisory Committee Meeting #1 PlaceWorks will prepare and hold a meeting with the TAC. At this meeting we will discuss their role in the planning process, reiterate findings from Phase 1, and discuss goals, process, and schedule for Phase II. PlaceWorks will prepare meeting materials, including the ,project process and schedule. Throughout the planning process, the TAC will meet prior to the CAC to provide technical input and help prepare for the CAC meeting to follow. PLACEWORKS 7 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS 8. Community Advisory Committee Meeting #1 PlaceWorks will prepare and conduct a meeting with the CAC to kick -off their role in the planning process, reiterate findings from Phase I, and discuss goals, process, and schedule for Phase II. Task A Deliverables: a) Base Map b) Outreach Program Memo c) TAC Meeting #1 materials d) CAC Meeting #1 materials and meeting notes e) Website update and postings Task B. Opportunities and Constraints 1. Opportunities and Constraints Report The PlaceWorks team will prepare an Opportunities and Constraints Report that examines key issues for the Plan Area in depth. The Opportunities and Constraints Report will build upon the Existing Conditions Report developed in Phase I and the background report for the City's General Plan update, incorporating information from this earlier report where appropriate. The Phase 11 Opportunities and Constraints Report will expand the knowledge base by looking in more detail at the following: a. CHSRA Planning Update. Based on the information obtained from the CHSRA, PlaceWorks Team will update background drawings and data to reflect new ridership projections, planned alignment, and station design as necessary. Transportation Connectivity Issues b. Traffic and Circulation. Hexagon will review traffic and other circulation issues, including an assessment of east /west connectivity. Since Hexagon is also working on the City of Gilroy's General Plan update, Hexagon will ensure that the model used for this project is consistent with the model used for the General Plan. HMM will also analyze transportation connectivity issues and opportunities on transit connections to .adjacent cities and Planned transit extensions and connections to the Gilroy HST Station; including but not limited to TAMC commuter rail extension, planned Coast Daylight, Amtrak service from San Francisco to LA, Caltrain service from PLACEWORKS 8 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E 11 / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Gilroy to San Jose Diridon, Greyhound Lines, San Benito County connection services, VTA transit service, local transit services, employer shuttle services, etc. and will coordinate between multiple transit agencies associated with the Gilroy Transit Center. c. Parking Supply and Demand. Hexagon will qualitatively assess existing vehicle parking supply and demand based on the Gilroy Downtown Parking Study, 2005 and the Interim Parking Management Plan that is currently being prepared and is scheduled to be completed May 2015, ` and incorporate and expand on the analysis of Parking Demand Management Strategies conducted in Phase 1 in the context of the existing vehicle parking supply and in consultation with California High -Speed Rail Authority (CHSRA) staff on the most up -to -date HST Station parking demand estimates. Hexagon will meet with VTA to discuss opportunities for more intensive use of its Downtown parking lot. Development Issues d. Infrastructure. HMM will obtain and assess utility infrastructure, including potable water, recycled water, sanitary and storm sewer, storm drain, gas and electric, and telecommunication infrastructure in the Plan Area, and identify any potential issues for future development and access. HMM will coordinate with ongoing Gilroy General Plan work. HMM will also obtain the most current information from CHSRA regarding track alignments and structures. It is assumed that the City Public Works department would supply HMM with all the utilities information. This scope does not assume any additional field survey. e. Takings. Based on the information received from CHSRA, the Place Works Team will qualitatively discuss potential land or buildings affected by up to two conceptual vertical HSR alignments in the Plan Area. f. Market Overview. Building from the citywide economic, demographic, and growth projections information analyzed in the Phase I report, as well as studies conducted in the Economic Development Strategic Plan and Downtown Strategic Plan, BAE will prepare a market overview for residential, office, lodging, and retail uses in Downtown Gilroy. This task will begin with more detailed analysis of demographic factors that may affect future real estate demand in Downtown Gilroy in the future (e.g. population age distribution, trends in household composition) and also review of updated Gilroy station ridership projections released by CHSRA. BAE will coordinate with ADE and City staff to ensure consistent methodology and analysis. The market overview will focus on the anticipated market conditions for downtown Gilroy, considering the longer -term development time horizon associated with High PLACEWORKS 9 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Speed Rail. Thus, the market assessment will focus more on the longer -term outlook for demand in the Downtown area vis -a -vis other competitive locations in and near Gilroy than on current lease rates, occupancy rates, etc. The analysis of the different real estate sectors will be geared to address the question of what is the potential demand for these different uses in the longer term, as well as the short- medium term (5 to 10 years), given the potential changes in market dynamics that High Speed Rail would create, the specific competitive attributes that Downtown would possess, and the overall prospects for growth in the area. As part of this assessment, BAE will conduct a series of interviews with developers with relevant transit- oriented development expertise who are active in the area and /or would potentially be interested in developing transit- oriented projects in the area, including York Capital Group, in order to identify specific opportunities and constraints that they would envision in Downtown Gilroy in conjunction with High Speed Rail, in the future. BAE will conduct phone interviews with up to eight developers, seeking representation from each of the four real estate sectors (residential [mixed use or multi- family], office, lodging, and retail). BAE will prepare a chapter of the Opportunities and Constraints Report to document the research and findings from this task. g. Land Lase. Based on the market assessment, this chapter will identify possible land use changes in the Plan Area. h. Identification of Environmental Issues. Using the General Plan Background Report, P1aceWorks will identify environmental issues, such as noise, air quality, biological resources, hazardous materials, hydrology, and flooding that should be addressed in more detail in the Environmental Impact Report (EIR). The purpose of this exercise is to help find potential development opportunity sites within the Plan Area by identifying locations where environmental constraints exist. Detailed descriptions of existing conditions will be prepared as part of the EIR (Task F). i. Noise and Vibration Evaluation related to HSR. Since noise and vibration issues that could potentially be caused by HSR were raised as an important concern during Phase I, P1aceWorks will prepare a noise and vibration evaluation to support the Station Area Plan development effort. P1aceWorks will document the existing ambient noise environment through identification and appraisal of existing noise sources in the vicinity of the Downtown station option. In addition, noise - sensitive land uses will be identified and plotted on a map. Noise measurements will be taken around the Downtown station site to characterize the PLACEWORKS 10 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS existing noise environment in key areas. This measurement scope includes short-term (approximately 15- minute) noise measurement locations at up to ten locations and long- term (24 -hour) noise level measurements at up to four 'locations. The locations for the baseline noise survey will be determined in consultation with City staff. The results of this survey will be the crux of the existing conditions baseline for the subsequent CEQA impact assessment and EIR documentation (Task F). Building off of the Preliminary Station Area Noise /Vibration Analysis information prepared in Phase 1, PlaceWorks will perform a planning level, yet focused, analysis of the future noise and vibration environments and effects for up to two vertical alignment options at the HST station. (A trenched alignment will be neither considered nor analyzed.) This analysis is intended to provide the City and the various stakeholders with sufficient information to adequately evaluate the noise- and vibration- related constraints for the vertical alignment options. PlaceWorks staff will be coordinating with CAHST staff to ensure our analysis would be consistent with CAHST's most recent study and /or their approach. These constraints and effects will facilitate informed comparisons of the development potential for each alternative. Given the probable complexity of the vertical alignment geometries and noise propagation characteristic through adjoining land uses, it is anticipated that noise modeling will be performed using SoundPLAN (ver 7.1) assessment software in order to gain sufficient understanding of the differences between the two alignment options. Likewise, PlaceWorks will use Federal Railroad Administration (FRA) and Federal Transit Administration (FTA) analysis methodologies, as appropriate, to evaluate the future vibration environments associated with the vertical alignment options. The results of the noise and vibration evaluation will be included in the Task B deliverables (i.e. part of the Opportunities and Constraints Report) and technical details will be included in an appendix thereto. j. Evaluation of the Existing Station and Historic Context. An architectural historian /historic preservation architect will conduct a field review of the station and existing documentation regarding its design, construction, history, and operation to identify character- defining features of the building. The analysis will provide a ranked listing of structural elements that should be prioritized for retention during reuse. As part of the evaluation of the existing station, an architectural historian will also review existing documentation to look at the historic context of the building and identify features that should be considered during site planning or the station site. In later tasks, this work will be used to develop policies and guidelines for new station design that responds to the existing station and its context. PLACEWORKS 11 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS PlaceWorks will compile and prepare an Administrative Draft of the Opportunities and Constraints Report for review by City staff. 2. Technical Advisory Committee Meeting #2: Administrative Draft Opportunities and Constraints Report PlaceWorks team will meet with the TAC to review the Administrative Draft Opportunities and Constraints Report prior to the creation of the Public Review Draft Report and its release for the CAC Meeting #2, below. The City will compile and provide PlaceWorks with one set of comments. 3. CAC Meeting #2: Draft Opportunities and Constraints Report PlaceWorks team will meet with the CAC to review the Opportunities and Constraints Report, collect comments from the Committee, and discuss next steps, including outreach for Community Meeting #1. 4. Stakeholder Interviews PlaceWorks will hold up to two interview sessions with stakeholders on the same day of CAC Meeting #2. The purposes of the interviews are to solicit input on the planning process in general, as well as to receive their feedback on the Opportunities and Constraints Report. PlaceWorks will work with the City to identify stakeholders. PlaceWorks will send out email invitations to stakeholders. It is assumed that contact information will be provided by the City. Potential stakeholders to be invited to the interviews include representatives of the Gilroy Downtown Business Association, Chamber of Commerce, Economic Development Committee Welcome Center, and transit service providers such as TAMC and private shuttles. 5. Community Meeting #1: Opportunities and Constraints The PlaceWorks team will hold a public meeting to present findings and receive comments on the Opportunities and Constraints Report. PlaceWorks will revise the Opportunities and Constraints Report based on community input, if necessary. Task.B Deliverables: a) Opportunities and Constraints Report (PDF and 5 printed copies) b) TAC Meeting #2 materials c) CAC Meeting #2 materials and meeting notes d) Stakeholder Interview materials e) Community Meeting #I materials and meeting notes 0 Newsletters # I and web postings PLACEWORKS 12 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Task C. Alternatives Development 1. Opportunity Sites and Prototype Development PlaceWorks will work with City staff to identify and review opportunity sites (up to five sites) for future development within the planning area. PlaceWorks will develop up to three typical product types that could be built in existing opportunity sites. PlaceWorks will prepare site plans, including conceptual diagrams and schematic sections. PlaceWorks will work with City, staff and BAE to determine appropriate product types and sites to study throughout the Plan Area taking into consideration the Preliminary Draft Alternatives. Project types may include residential, mixed -use, hotel, and /or office. BAE's pro -forma financial analysis in Task C.6 will be based on these typical product types. 2. Administrative Draft Alternatives Preparation Based on input received from the previous meetings, Stakeholder Interviews, concepts from the Phase I Vision Plan, and considerations from the Opportunities and Constraints Report, the PlaceWorks team will work with City staff to prepare up to three conceptual land use alternatives for the Plan Area. Each land use alternative will have one tailored circulation option. The Administrative Draft Alternatives will each represent a cohesive vision for the Plan Area. The alternatives will feature contrasting options for land use distribution, type and intensity of development, urban design, open space, streetscape design, and circulation (including ped, bike, transit, and parking). The alternatives will also address two vertical HST alignments. The alternatives will be prepared as plan-view maps that can be easily compared and contrasted with one another and differentiated by their land use and circulation concepts. The following describes what constitutes each conceptual alternative. a. Land Use. Identify potential land uses and their locations within the Plan Area. Potential land use alternatives may vary in terms of intensity (e.g. low, medium, and high density), employment potential, and /or housing supply. PLACEWORKS 13 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS b. Sense of Place. Identify landmarks and other features that would contribute to the experience of the places within the Plan Area. c. Transportation Connectivity. PlaceWorks and Hexagon will work together to develop up to three preliminary conceptual circulation and parking alternatives that can be integrated into the two land use alternatives. The alternatives will address two vertical HST alignments. The following describes what constitutes each conceptual alternative. • Circulation. Develop a circulation system for vehicles, pedestrians, bicyclists, and transit, coordinating with CHSRA as necessary to create acceptable designs for circulation and the rail alignment. • Parking. Identify potential locations and configurations for station parking. Each of the two circulation alternatives may include different.parking plans, each one geared to the land use pattern in that alternative. Additionally, potential parking demand management strategies for the proposed alternatives will be developed. 3. Technical Advisory Committee Meeting #3: Administrative Draft Alternatives The PlaceWorks team will meet with the TAC to review Administrative Draft Alternatives and receive comments. 4. City Council /Planning Commission Study Session #1: Draft Alternatives After working with City staff to refine the administrative draft alternatives based on TAC comments, the PlaceWorks team will facilitate a joint meeting of the City Council and Planning Commission on the land use and circulation alternatives. We 'will answer questions and accept comments on the draft alternatives. 5. Refine Draft Alternatives Based on input from City Council/ Planning Commission Study Session #1, we will refine the three draft alternatives prior to additional analysis. City staff will review the draft alternatives and provide compiled comments prior to beginning of analysis in the next task. 6. Alternatives Technical Analysis In this task, the PlaceWorks team will analyze and compare the land use alternatives to better understand the relative benefits of each relative to economic impacts, circulation, and urban design. The PlaceWorks team will quantitatively analyze alternatives regarding economic feasibility and transportation issues as follows: PLACEWORKS 14 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS a. Pro -Forma Financial Analysis. For the Alternatives Analysis Report, BAE will conduct pro -forma financial analysis for up to three prototype developments that would be representative of projects that might be developed in the Downtown area under different Alternatives. Assumptions will be made based on the interviews with developers conducted as part of the market assessment (Task B). BAE will structure the analysis to evaluate the extent to which new development can support public improvements in the area. Based on the findings from the pro -forma analysis, as well as the market findings from the Opportunities and Constraints Report, BAE will prepare a chapter of the Alternatives Analysis Report that provides an assessment of the likely market viability and timing for each of the Alternatives, based on their proposed mix of land uses in relation to the market findings, as well as an assessment of the potential for different types of private projects to help contribute to the costs of public improvements, based on the findings from the pro -forma analysis. Based on assessment of the quantity mix of different land uses in each of the Alternatives, BAE will provide a rough assessment of the potential for the new development anticipated under each of the Alternatives to help support public improvement. This task can be completed before Task C.2 (Preliminary Draft Alternatives) if requested by the City. As part of this task, BAE staff and developers will meet together and have an in -depth discussion about market assumptions prior to performing a pro -forma financial analysis. b. Traffic and Parking Assessment. Hexagon will conduct technical analysis of the three alternatives in regard to transportation issues, and the analysis, findings, and recommendations will be summarized in the Alternatives analysis report. The analysis will include the following tasks: • Identification of potential traffic impacts associated with the proposed development under each alternative. The analysis will evaluate link levels of service on the major roadways in Gilroy based on model runs. • Pedestrian, bicycle, and transit connectivity. • Evaluation of east -west permeability for all transportation modes. • Alternative solutions to the location of parking for the HST station against existing and projected demand for parking by other uses. Qualitative discussion about tradeoffs between free parking and paid parking. • Identification of potential project impacts and recommended improvements to off -set the project impacts and /or accommodate the project. PLACEWORKS 15 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E 11 / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS c. Transit and Infrastructure Needs Analysis HMM will analyze transit and infrastructure needs of the Alternatives, including the technical issues raised associated with vertical grade separations, at -grade crossing, and HST alignment through Downtown Gilroy. HMM's analysis will include bus and rail transit connectivity, transit ridership, pedestrians and bicycle routes and parking and related circulation/ transit issues within the Specific Plan Area. HMM technical staff will support the Transportation Impact Assessment in evaluating potential relocation of the Caltrain storage tracks (likely a benefit of the Salinas- Monterey Commuter Rail Extension). HMM will prepare an Infrastructure Needs Analysis including planning -level solutions for conceptual infrastructure that address the density, mix of uses, connectivity, and other concerns raised in the process of preparing the Draft Alternatives. HMM will evaluate the project utility infrastructure for sanitary sewer, water supply, and storm sewer to determine adequacy of the existing system. HMM will address PG &E connections and telecommunication at a very high level. This analysis will be conducted in coordination with Tony Akel's analysis conducted for the City's General Plan. The needs analysis will be used to identify necessary improvements in Task E. Downtown Gilroy Specific Plan Amendment Preparation. 7. Alternatives Analysis Report P1aceWorks will prepare a concise Alternatives Report that can be distributed to staff, stakeholders, and members of the public. The. Alternatives Report will be designed to serve as a resource for the project and to provide an analysis that CAC members and community members can consider as they contemplate a Preferred Alternative in the following tasks. The report will summarize the goals, objectives, and issues being addressed by each alternative and discuss their relative merits for a -range of topics, including urban design concepts, connectivity, open space, streetscape, and other similar factors. It will also provide a comparison of the development potential for each alternative, including acreage, housing units, non - residential square feet of development, population, and employment. 8. CAC Meeting #3: Alternatives Analysis Results and Preferred Alternative The P1aceWorks team will meet with the CAC to review the results of the alternatives analysis and work toward identification of a Preferred Alternative. PLACEWORKS 16 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE 11 / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS 9. Community Meeting #2: Alternatives Analysis Results and Preferred Alternative PlaceWorks will present the alternatives and analysis to the community at Community Meeting #2. The meeting will encourage participants to critique the alternatives presented and offer solutions to specific issues. We will work with City staff to define the approach for the meeting, but we anticipate that it will include a presentation of the alternatives and the results of the analysis, followed by a small group discussion, during which we will encourage participants to compare pros and cons of the three alternatives and to identify the "best components" of each alternative. Input from this meeting, combined with CAC Meeting #3, will become a basis for developing a preferred alternative in the following task (Task D.1). Task C Deliverables: a) Alternatives Analysis Report (PDF and 5 printed copies) b) TAC Meeting #3 materials c) City Council/ Planning Commission Study Session materials and meeting notes d) CAC Meeting #3 materials and meeting notes e) Community Meeting #2 materials and meeting notes 0 Newsletters #2 and web postings Task D. Preferred Alternative Development 1. Administrative Draft Preferred Alternative Development Using the opportunities and constraints information prepared in Task B and input from CAC Meeting #3 and Community Meeting #2 in Task C, PlaceWorks will prepare an Administrative Draft Preferred Alternative for the Specific Plan Area in close coordination with City staff. Depending on the input and the outcomes of the analyses prepared for the alternatives in Task C, the Preliminary Draft Preferred Alternative could either consist of a refined version of selected alternative, or could combine elements from different alternatives. The Draft Preferred Alternative will include concept diagrams, street cross - sections, and a circulation plan including station parking locations. Due to the long time frame for HST to arrive and operate in Gilroy, it is likely that interim uses and incremental development will occur before a full build -out is achieved. The Preferred Alternative will also include a two -stage phasing plan that illustrates how development can occur over time. The phasing may consider two potential alignments: modified at -grade (long -term) and interim at -grade (short- term). PLACEWORKS 17 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS 2. TAC Meeting #4: Preliminary Draft Preferred Alternative The PlaceWorks team will meet with the TAC to review the Administrative Draft Preferred Alternative and gather comments. 3. Draft Preferred Alternative and Guiding Principles Based on comments received at the meetings in the previous two tasks, the PlaceWorks team will prepare a Draft Preferred Alternative. The Draft Preferred Alternative will include all necessary graphics to convey the vision for the Plan Area's future land uses, circulation system, streetscape improvements, open spaces, parking recommendations, and other similar features. PlaceWorks will prepare a memo that includes the aforementioned graphics, vision statement, and a set of guiding principles, and summarizes the development process. A set of policies will be developed based on these guiding principles in Task E, Downtown Gilroy Specific Plan Amendment Preparation. 4. CAC Meeting #4: Draft Preferred Alternative and Guiding Principles The PlaceWorks team will meet with the CAC to review the Draft Preferred Alternative and guiding principles and gather comments. 5. Community Meeting #3: Draft Preferred Alternative and Guiding Principles PlaceWorks will hold a community meeting to present the Draft Preferred Alternative and solicit their feedback. At the meeting, we will also solicit input on guiding principles. 6. City Council /Planning Commission. Study Session #2 PlaceWorks will facilitate a study session with the City Council and Planning Commission to present the Draft Preferred Alternative and guiding principles and to solicit their feedback. The goal of this meeting is to get the City Council's blessing to move forward into further analysis, Specific Plan preparation, and EIR preparation. 7. Final Preferred Alternative The PlaceWorks Team will refine the Draft Preferred Alternative based on the City Council's and Planning Commission's comments, if any. This Final Preferred Alternative will become the basis for the Specific Plan Amendment and EIR. Task D Deliverables: a) Draft Preferred Alternative Memorandum (PDF) b) TAC Meeting #4 materials c) CAC Meeting #4 materials and meeting notes d) Community Meeting #3 materials and meeting notes e) CC /PC Study Session #2 materials and meeting notes PL ACE WORKS 18 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E 11 / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS g) Newsletters #3 and Web postings Task E. Downtown Gilroy Specific Plan Amendment Preparation 1. Plan Components In this task, the P1aceWorks team will work together to prepare the major components that will become a basis for or part of the Specific Plan and /or the .CEQA review in subsequent tasks. a. Public /Private Partnership Commercial Opportunities including Parking. For this task, BAE will prepare an assessment of the Public Private Partnership (P3) opportunities for commercial facilities /enterprises, including parking, based on the types of land uses in the Preferred Alternative and the findings from the pro -forma analysis conducted in Task C.6. This will include discussions with three potential developers about their perceptions of opportunities for P3 activities. BAE will interview TOD developers active elsewhere in Santa Clara County to get their perspective on Gilroy opportunities. It will also include review of available case studies of how other communities have leveraged proximity to high -speed rail stations as part of P3 efforts. Based on the findings from this research, BAE will prepare recommendations for a P3 development strategy for public improvements/ facilities in the vicinity of the station area. b. Infrastructure Needs Analysis Refinement and Conceptual Cost Estimate. HMM will refine the Infrastructure Needs Analysis prepared for the three alternatives (Task C.6) for the Preferred Alternative, as necessary. Using the needs analysis, HMM will identify necessary improvements. This task will also address opportunities to work with CAHST for infrastructure improvements, such as parking structures. HMM will prepare conceptual cost estimates for those items that are likely to be the City's responsibility. The estimates will include the facility size, estimate quantity, unit cost, and the total cost for each item. HMM will estimate transit service costs to maintain the same level of service and service connectivity. C. Downtown Business Impact Assessment. For this task, BAE will prepare a qualitative assessment of the potential downtown business construction period impacts from construction of the High Speed Rail station and the rail line (disruption/ relocation). BAE will coordinate with the Gilroy Downtown Business Association. BAE will also request information from other consultant team members about the areas of downtown that will likely be affected from construction of the train station and related station PLACEWORKS 19 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS improvements as well as the rail lines. The City will provide business license information to BAE on the businesses within the affected area. From this information, BAE will estimate the number of businesses that might be affected. BAE will collect information from several other similar -sized communities that have recently experienced large construction transit- projects in their downtown areas about their experience with business impacts, and identify strategies that have been successfully used to mitigate construction period impacts. The work for this task is intended to assist the City in its negotiations with CHSRA for project mitigations it should provide during its project development work for the rail line and new station. d. Economic Impact BAE will also prepare language for the Specific Plan that qualitatively identifies the potential long -term benefits of the project, once the construction phase is completed, considering such factors as increased visitation due to train riders, an improved downtown environment due to public improvements, new business synergies due to introduction of complementary new uses, and other factors as may be identified in other work done during Specific Plan preparation. 2. Administrative Draft Downtown Gilroy Specific Plan Amendment Based on the Preferred Alternative and the work completed in Task E.1, P1aceWorks will prepare an amendment to the 2005 Downtown Specific Plan. This amendment will update most of the content in the 2005 Specific Plan and will generally keep the existing structure. Several chapters will be added to address design, land use, access and circulation around the HST station. It will be a highly graphical document that can be read and understood by the entire community, including residents; business owners, property owners, and developers. It will incorporate key planning principles 'related to station location, transportation connectivity, and development. It will be prepared in conformance with State law regarding Specific Plans. The major changes and updates to the 2005 Specific Plan include: a. Introduction. Include a discussion about future high -speed rail. Update the Plan Area boundaries and the planning process. b. Existing Conditions. Update existing conditions. c. Vision, Concepts and Policies. Update the overall vision based on the preferred alternative, as well as recommendations/ policies. Include an illustrative concept diagram showing the envisioned benefits and improvements to the overall community; it will PLACEWORKS 20 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS specifically show how more and better transportation connectivity and improved development through urban design and new infill could transform the community. d. Architectural Design Guidelines. Review existing Downtown Specific Plan guidelines and revise or augment them to ensure that both new construction and additions to existing buildings are addressed. Provide appropriate new guidelines for future development in the vicinity of the HST station and the HSR alignment.. Also provide appropriate guidelines for future development at the entry to Downtown along 10th Street. Remove any outdated guidelines. Provide more specific guidelines (on materials, for example) to give the City and developers more certainty for project, particularly in the historic core. e. Districts, Land Lase, and Development Standards. Include an overlay or a special district to address the area in the vicinity of the HST station. Update land use or development standards based on the preferred alternative. This will be drafted to provide clear guidance to future development while allowing for flexibility and development over time throughout the expanded Plan Area (compared to the 2005 Specific Plan). f. Multimodal Transportation Plan (New. This will present a proposed' multimodal transportation plan at the regional and city scale that supports and serves the HST station. The Multimodal Transportation Plan will be developed based on the information collected as part of Task B, including other transit providers' plans to serve the HST station. The Plan will describe future connectivity to Caltrain and the number and potential location of bus bays for local regional bus service, as well as will includes strategies to Build ridership. g. Station Access and Circulation (New. This will discuss how vehicles, pedestrians, bicyclists, and transit should access the station, with an emphasis on accommodating a large number of vehicles efficiently while also providing excellent access for other modes of travel. h. Parking (New). This will provide recommendations for the location and configuration of the station's parking areas and strategies for managing parking demand for the station and other uses in the Station Area. This task will be coordinated with the ongoing preparation of the City's Interim Parking Management Plan and will assess how the station's parking plan will integrate into the entire downtown. i. Public Realm and Streetscape Standards. Rename the existing "Streetscape Beautification and Public Improvements" and provide recommended street cross- sections PLACEWORKS 21 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS for new and improved streets, as well as update guidelines for streetscape elements and sidewalk design. j. Infrastructure and Public Facilities. Update to identify the utility and infrastructure improvements that will be needed to support new development and identify preliminary costs for improvements. This will be coordinated with the Gilroy General Plan work. Discuss the community services that will be needed to support new development, including schools, parks, police, and fire. k. Implementation. Update the existing Implementation section to include the following strategies. i. Implementation Strategy. This will recommend strategies for the City to employ to: 1) ensure that it can minimize the negative impacts from HST construction and maximize the benefits in the Downtown Area, including ident f cation of usesfor the station area and best practices in marketing programs and other programs to help offset disruptions due to construction activities; 2) attract developer interest; and 3) phase public improvements and other Specific Plan actions to maximize the attraction of new investment and development It will address recommendations for short -term and medium -term actions for the City of Gilrov, to provide the City with its options in the event that the HST station is constructed in the longer term. if. Financing Plan. This will identify funding sources and appropriate roles for the City, CHSRA, and developers and.property owners to take in financing public improvements in thefuture, based on the listing of needed improvements and associated costs. BAE will identify potential funding sources for those costs and estimate available amounts. BAE will also work with PlaceWorks and the City to develop a phasing scheme that matches the timing of public improvements, their cost, and funds to pay for them to the anticipated market timing of newdevelopment (or other triggers as identified in the Plan). The f nal deliverable will be a f nancing stratejgy that recommends funding sources and financing tools; relevant considerations for their use; a "sources and uses" of funding table by phase that shows how work will be paid for; and recommended next steps. 3. Technical Advisory Committee Meeting #5: Administrative Draft Downtown Gilroy Specific Plan Amendment P1aceWorks will attend a TAC meeting to solicit comments on the Administrative Draft Downtown Gilroy Specific Plan Amendment. 4. Public Review Draft Downtown. Gilroy Specific Plan Amendment PLACEWORKS 22 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS The PlaceWorks team will prepare a Public Review Draft Downtown Gilroy Specific Plan Amendment based on comments from City staff and the TAC on the Administrative Draft document. We assume that the City comments will be compiled by City staff into a single reconciled file provided to the PlaceWorks team. 5. Community Advisory Committee Meeting #5: Draft Downtown Gilroy Specific Plan Amendment PlaceWorks will attend a CAC meeting to solicit comments on the Draft Specific Plan. 6. Community Meeting #4: Draft Downtown Gilroy Specific Plan Amendment PlaceWorks will hold one open -house style event to answer questions on the Public Review Draft Specific Plan. After an approximately one -hour period for open discussion, we will provide a brief presentation about next steps and field specific questions from the audience. 7. City Council /Planning Commission Study Session #3 PlaceWorks will facilitate a study session with the City Council and Planning Commission to present the Public Review Draft Downtown Gilroy Specific Plan Amendment and solicit their feedback. 8. General Plan and Zoning Amendments PlaceWorks will draft any required General Plan and Zoning Ordinance amendments to ensure consistency between the Specific Plan and Citywide policy documents. PlaceWorks will work closely with City staff to create an amendment that works best with the existing regulatory structure in Gilroy. The Zoning Ordinance amendment is assumed to be achieved by an overlay district or some other mechanism that dictates requirements for new development in the Plan Area. We assume that any detailed revisions to Zoning Ordinance sections will be handled by City staff. Task E Deliverables: a) Public Review Draft Specific Plan (PDF and 5 printed copies) b) TAC Meeting #5 materials c) CAC Meeting #5 materials and notes d) Community Meeting #4 materials and notes e) CC/PC Study Session #3 materials and notes e) Newsletters #4 and web postings PLACEWORKS 23 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Task F. Preparation of EIR (Note: Cost is shown separate from Downtown Gilroy Specific Plan Amendment cost. This Task shall only be undertaken upon the express authorization of the City after receipt of funding for half the cost from the High Speed Rail Authority). The program -level EIR will be prepared concurrently with the Specific Plan, be able to adopt the Specific Plan and also to fold necessary mitigation measures directly into the Plan to ensure that the Plan is "self - mitigating" to the greatest extent possible. This scope and cost assumes that the EIR will be done in parallel with Task E, Phase II /Specific Plan Amendment. Information developed from the Existing Conditions Report prepared in Phase I, Opportunities and Constraints Reports prepared in Task B, and background report prepared for the General Plan Update will be incorporated into the EIR baseline. The EIR will be written with a focus on enabling tiering of project4evel CEQA review in the Plan Area from this program -level document to streamline the review of future projects that are consistent with the Plan. NEPA analysis will not be conducted as part of this project. 1. Notice of Preparation and Initial Study PlaceWorks will prepare the Notice of Preparation (NOP). We recommend that a very brief Initial Study be attached to the NOP in order to "scope out" certain topics from the EIR, such as forestry resources and mineral resources. For topics that will not be scoped out, no analysis will be provided in the Initial Study. Following preparation of an Administrative Draft NOP and Initial Study, PlaceWorks will revise the document based on City staff comments in order to prepare a final NOP and Initial Study for publication. PlaceWorks will then distribute the NOP and Initial Study to the State Clearinghouse and State and regional agencies. This scope of work assumes that the City will handle distribution of the NOP to other interested parties. 2. Scoping Meeting PlaceWorks will attend a scoping meeting to hear public comments on the environmental issues to be addressed in the EIR. PlaceWorks will prepare text for notices and provide meeting materials. The City will distribute notices. At the close of the 30 -day public period for the NOP and following the scoping meeting, the City shall provide PlaceWorks will a compiled set of all comments received. PlaceWorks will review all comments and discuss the need to add any topics to the EIR analysis with City staff, if applicable. PLACEWORKS 24 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN A M E N D M E N T EXHIBIT A: SCOPE OF WORK AND COSTS 3. Project Description PlaceWorks will prepare a detailed Project Description using graphics and textual information. The Project Description will provide an overview of the Plan Area location and background, and describe the proposed Plan, including the estimate buildout of the Plan. The Project Description will include any aspects of the Plan that would mitigate potential environmental effects. The Project Description will make clear that, while the proposed Plan accommodates and plans for future HSR in Gilroy (through, for example, land use planning, station design, parking, etc.), the construction and operation of HSR is not part of the proposed project. The Project Description will clearly describe the Plan components as actions that are under the control of the City of Gilroy as Lead Agency, in contrast to HSR as a future project to be implemented by the CHSRA. HSR will be evaluated in the EIR as a cumulative project. 4. Environmental Review The PlaceWorks team will analyze how implementation of the Plan would affect the environment, identify potentially significant impacts, and recommend measures to mitigate those impacts. Significance criteria will be based on Appendix G of the CEQA Guidelines, modified to reflect the City's customized significance criteria. This scope of work assumes that a preferred alternative for the HSR alignment will be developed prior to the preparation of the EIR. The EIR will satisfy all CEQA requirements, including the evaluation of alternatives, and will address impacts in the following areas: a. Aesthetics The impacts analysis will evaluate any potential adverse impacts on scenic vistas, possible damage to scenic resources, or any degradation to the existing visual character. The discussion will focus on potential impacts to far -field views of open space and foothills, as well as visual compatibility with existing neighborhoods. There are no State - designated highways in Gilroy. The aesthetic effects of an elevated HSR alignment will be evaluated as a potential cumulative impact and will not be evaluated as part of the proposed Plan. PiaCEWORKS 25 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E 11 / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS b. Air Quality P1aceWorks will prepare an air quality analysis based on the current methodology of the Bay Area Air Quality Management District (BAAQMD). The technical analysis will be integrated within the EIR and modeling datasheets will be included as an appendix. To establish the existing air quality conditions in the Plan Area, the EIR will discuss regional meteorology that affects air pollutant transport and dispersion in the San Francisco Bay Area Air Basin ( SFBAAB). Existing air quality conditions will be described based on the most current five years of air quality data within SFBAAB from a monitoring station operated by BAAQMD. Air quality impacts associated with overall development of the proposed Plan will be handled qualitatively based on the City of Gilroy CEQA Threshold and the updated BAAQMD's plan -level thresholds. For the Plan -Level analysis, a consistency evaluation of the Plan to the BAAQMD's land use and transportation control measures within the air quality management plan will be conducted. In addition, the Plan- Level analysis will include a comparison of the potential increase in VMT provided by Hexagon in relation to the projected population increase. The plan -level air quality impact analysis will also describe land uses within the Plan Area that have the potential to generate nuisance odors. Buffer distances and /or control measures for odor sources listed in the BAAQMD's guidelines will be incorporated. The air quality section of the EIR will include an assessment of air quality compatibility based on guidance within BAAQMD's draft Community Risk Reduction Plans for Toxic Air Contaminants (TAQ and Fine Particulate Matter (PMZ ): Community Development Guidelines. The community risk and hazards evaluation will include a discussion of potential health risks from TACs and PM2., in the vicinity of the Plan Area using BAAQMD's guidance. BAAQMD does not require site - specific health risk assessments as part of the Plan -Level evaluation. However, existing stationary sources, major roadways (defined by BAAQMD as over 10,000 vehicles per day), and other sources of toxic air contaminants (TACs) within 1,000 foot radius of the Plan Area will be mapped. It should be noted that the future HSR is electric- powered and would not result in use of diesel trains. Therefore, no cumulative air toxics impacts are anticipated from proximity to future HSR. Recommended measures specified in the BAAQMD's Guidelines for future sensitive land uses within the areas mapped will be considered. For land uses within areas mapped as having elevated risk, the EIR will detail performance standards for future development project, including requirements to reduce risk from exposure to significant concentrations of PM2.s and TACs. Recommendations to reduce risk associated with placement of new sensitive land uses associated with the Plan Area adjacent to major PLACEWORKS 26 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS sources of air pollution will be based on the recommended buffer distances based on BAAQMD screening tools, California Air Resources Board (CARB) guidance, and the California Air Pollution Control Officer's Association (CAPCOA) guidance. c. Biological Resources Impacts to biological resources are expected to be minimal due to the lack of native vegetation types and associated habitat for special- status plant and animal species. Nevertheless, development activities within the Plan Area could involve removal of ornamental trees or demolition of old buildings that could support wildlife nursery sites (e.g. native bird nests, bat roosts). LSA will search the California Natural Diversity Database (CNDDB) for records of special- status plant and animal species in the site vicinity and assess the likelihood of such species occurring in the Plan Area based on the vegetation and /or cover types present. Given the apparent lack of native vegetation types within the Plan Area, no site visit is proposed as part of this scope. Instead, LSA will carefully review aerial photographs of the Plan Area and previous planning documents pertaining to the area to identify existing cover types in the Plan Area. LSA will also review eBird and any other public databases of wildlife observations to assess the likelihood of wildlife occurrence in the Plan Area. d. Cultural Resources The Plan Area contains a mixture of commercial, residential, and industrial buildings and structures that comprise the downtown core of Gilroy. Due to the proximity of historical land uses, it is likely that there are buildings and /or structures that meet the CEQA definition of historical resources in the Plan Area. The City has designated historic structures and districts. Additionally, historical or prehistoric archaeological deposits, whether previously identified or not, may persist in the Plan Area. Such built environment resources and /or archaeological deposits could be removed, disturbed, or modified through the implementation of .the proposed Plan, which could result in a significant impact under CEQA Guidelines Section 15064.S(b). For example, historical archaeological deposits, such as backfilled wells, could be encountered toward the rear of street- facing parcels where such features may have been located historically; historic buildings, also, could be modified to accommodate reuse in a way that is not sensitive to their historical qualities. LSA will conduct a records search for the Plan Area at the Northwest Information Center (NWIC) at Sonoma State University. The NWIC, an affiliate of the California Office of Historic Preservation, is the official State repository for cultural resource records and reports for Santa Clara County. The records search will identify the baseline for cultural resources in the Plan Area. LSA will also review historical publications, environmental and archaeological documentation, and local inventories to augment the records search. LSA will contact the Native American PLACEWORKS 27 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Heritage Commission in Sacramento to request a review of the Sacred Lands File to determine if any locations of cultural or religious significance to local tribal organizations are within the Plan Area. LSA will conduct a windshield review of the Plan Area to ascertain the nature of historical development in the area, as well as to gather information about the architectural context of the buildings and structures in the Plan Area. No eligibility evaluations for the California Register of Historical Resources, or any local register, will be done as part of this scope of work; the information will be based on existing archival documentation. e. Geology and Soils PlaceWorks will identify and map potential geologic and seismic hazards in relation to future development that would be allowed by the Plan and identify appropriate mitigation measures. f. Greenhouse Gas Emissions The greenhouse gas (GHG) emissions section in the EIR will discuss the City's commitment to reducing GHG emissions in accordance with the GHG reduction goals of Assembly Bill 32 (AB 32) and Senate Bill 375 (SB 375). Consistency within CARB's 2008 Scoping Plan and the Plan Bay Area plan, which is the Regional Transportation Plan/ Sustainable Community Strategy for the Association of Bay Area Governments region, will be reviewed. Under the Plan Bay Area plan, growth would primarily occur in Priority Development Areas (PDA). In addition to the CARB Scoping Plan and Plan Bay Area, the GHG emissions analysis will also provide a consistency analysis with the City of Gilroy's Climate Action Plan, which is anticipated to be adopted along with the current General Plan Update. GHG emissions impacts within the Plan Area will be based on BAAQMD's project -level guidance.' To document GHG emissions generated by the proposed project, the EIR will include an estimate of the GHG emissions inventory for the existing conditions within the Plan Area in addition to the buildout conditions of the proposed Plan. The inventory will include GHG emissions from energy use (natural gas and electricity), transportation sources, water use and wastewater generation, and solid waste disposal. The GHG inventory will be modeled using CaIEEMod based on the trip generation and vehicle miles traveled (VMT) data provided by Hexagon. Transportation emissions reductions from implementation of the HSR will be modeled based on data providing by Hexagon. Only general plans are evaluated under BAAQMD's plan level criteria. PLACEWORKS 28 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS g. Hazards and Hazardous Materials PlaceWorks will evaluate potential impacts associated with existing hazardous conditions (if any) and potential hazards associated with future development that would be allowed by the Plan. h. Hydrology and Water Quality PlaceWorks will identify the regulatory framework, regional and site - specific hydrological setting of the area, stormwater drainage characteristics, water quality data (both surface and groundwater), local receiving water bodies, pollutants of concern based on changes in land use, and flooding hazards. Pertinent local plans, laws, and regulations pertaining to hydrology and water quality will be identified, including regulatory requirements regarding storm water discharges that are found in the City of Gilroy's Municipal City Code.. Any hydrology studies prepared for the Plan Area will be documented and incorporated into this section of the EIR. In addition, development within the Plan Area will be assessed in terms of the following: ♦ Potential increases in runoff volume with increases in impervious surfaces O Potential degradation of water quality associated with urban pollutants ♦ Alterations in drainage patterns resulting in erosion, siltation, or flooding. Mitigation measures that would reduce or eliminate any of the potential impacts will be identified and the incorporation of Best Management Practices (BMPs) and Low Impact Development (LID) will be considered for future development. The section .will be prepared under the direction of a Registered Engineer in the State of California. i. Land Use and Planning PlaceWorks will evaluate potential impacts of the Plan relative to existing land uses and applicable land use planning policy. j. Noise PlaceWorks will prepare a program -level noise and vibration analysis to evaluate potential impacts associated with the construction and operation of the proposed Plan. For the noise and vibration assessment, the CEQA -based analyses will be consistent with the noise standards and criteria of the State of California Building Code and the City of Gilroy General Plan, Noise Element, and Municipal Code. No NEPA -based assessments are included. As existing ambient noise conditions in the vicinity of the proposed Plan project site will have been previously documented in Task B.1, these results will be incorporated into the PLACEWORKS 29 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Gilroy Station Area Plan EIR documentation. Thus, it is assumed that no additional or supplementary field measurements will be needed for this effort. The noise analysis will Provide a programmatic estimate of short -term noise and vibration levels associated with construction of the proposed Plan. The level of significance will be based on the magnitude of noise and vibration generated at adjacent noise - sensitive receptors and on the length of construction activities. The construction impact analysis will use industry - standard analysis techniques, as well as scheduling, equipment mix, hauling, and truck trip information as provided' by the City and /or the developers. Long -term, operational noise impacts will be primarily related to project- generated traffic flows. To quantify the existing and future traffic noise, modeling will be conducted using the Federal Highway Administration's (FHWA) Highway Traffic Noise Model. The traffic noise assessment will rely heavily on the traffic forecasts for major roadway segments, as provided by project's traffic consultant. Noise levels will be assessed for the study area for existing year and for full build -out conditions; all with and without the project. Changes to ambient noise levels at build -out of the project and from cumulative growth in the project vicinity will be analyzed to determine if project- related noise significantly increases the ambient noise environment or significantly contributes to cumulative noise increases. The noise analysis will also describe changes in the noise environment generated by conversion of existing land uses, as applicable. The noise analysis will also describe changes in the noise environment generated from the proposed development land uses by non - transportation sources. An evaluation of long- term noise and vibration impacts from the operation of the proposed uses on adjacent off- site uses will be provided. This analysis will be based on the proposed land use designations, the project description, and illustrations of the environed development(s) within the Plan Area. Noise impacts to adjacent noise - sensitive areas will be evaluated from these potential new uses, based on the noise limits of the City of Gilroy Municipal Code, the City's land use compatibility criteria, and the State's interior noise standard of 45 dBA CNEL (for residential uses). Mitigation measures that reduce construction and operational noise impacts will be identified, as necessary. The results of these analyses will be summarized in the noise section of the EIR and pertinent analysis details will be provided in an Appendix. k. Population and Housing PlaceWorks will analyze the population, employment, and housing impacts that could result from the Plan. Analysis will consider population growth, job generation, and potential displacement of existing persons or housing. The analysis will cover both direct and indirect impacts. PLACEWORKS 30 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E 11 / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS 1. Public Services and Recreation P1aceWorks will evaluate the potential impacts to fire protection and law enforcement services, as well as schools and parks and recreation facilities. m. Transportation and Traffic Hexagon will evaluate potential transportation and traffic impacts. Hexagon will conduct technical analysis of the proposed Plan (based on the Preferred Alternative selected in Task D.7), in regard to transportation issues. The analysis will include the following tasks: • Identification of potential traffic impacts associated with the proposed development under the Plan, as well as appropriate measures that will mitigate impacts. The analysis will evaluate levels of service at approximately 25 intersections in or near Downtown Gilroy. J • The evaluation of existing plus project traffic conditions, future traffic conditions, and future plus project traffic conditions. Forecasts for future conditions will come from the updated model. • Pedestrian, bicycle, and transit connectivity. • Alternative solutions to the location of parking for the HST station against existing and projected demand for parking by other uses. • Identification of potential project impacts and recommended improvements to off -set the project impacts and /or accommodate the project. Such improvements could include, but are not limited to, specific roadway improvements or modifications, such as street widenings, intersection improvements, traffic signal modifications, and others. Hexagon will also provide the following items for use in the air quality, GHG, and noise sections of the EIR: ♦ Average Daily Trips associated with existing and proposed land uses in Plan Area, by land use type. 0 VMT associated with existing and proposed land uses in the Plan Area. 0 Reduction in trips or VMT from the future HSR. 0 Daily Segment Volumes for Existing and Plus Project scenarios for all segments. 0 Existing fleet mix on the segments. O Speed limits on the segments for existing and future timeframes. PLACEWORKS 31 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS ♦ Daytime /evening /nighttime splits on the segments for existing and future timeframes. n. Utilities and Service Systems PlaceWorks will evaluate potential impacts to water supply, wastewater, stormwater, and solid waste utilities. 5. Alternatives Evaluation PlaceWorks will evaluate up to three alternatives to the proposed Plan, including the CEQA- required No Project Alternative. PlaceWorks will work with City staff to develop alternatives that meet most of the project objectives while reducing identified impacts. 6. Administrative Draft EIR PlaceWorks will prepare an Administrative Draft EIR (ADEIR) and submit it to City staff for review and comment. The ADEIR will include graphics and tables prepared during the previous tasks. The ADEIR will contain the following chapters: ♦ Executive Summary ♦ Introduction ♦ Project Description ♦ Environmental Evaluation ♦ Alternatives to the Proposed Plan ♦ CEQA- Mandated Sections ♦ Organizations and Persons Consulted PlaceWorks will submit the ADEIR to City staff electronically in Word and PDF format for City comment. 7. Screencheck Draft EIR This scope of work assumes that City staff will submit on consolidated and internally - consistent set of comments on the ADEIR. Based on comments received from City staff, PlaceWorks will revise the ADEIR and submit a Screencheck DEIR for review. We will submit the Screencheck DEIR as a single PDF. This scope of work includes 16 hours for revisions to the ADEIR, excluding time required to correct errors, inconsistencies, and formatting problems. A contract modification may be needed if comments on the ADEIR require more extensive edits. PLACE WORKS 32 APRIL 2, 2015 CITY OF GILROY GI'LROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS 8. Public Review Draft EIR Based on comments received from City staff, PlaceWorks will revise the Screencheck Draft EIR and prepare the Draft EIR for circulation and public review. This scope of work assumes that comments on the Screencheck Draft EIR will be minor and includes 4 hours of revisions. We will submit 25 hard copies and 25 CDs of the Draft EIR to City staff. 9. Notice of Completion and Notice of Availability PlaceWorks will prepare the Notice of Completion (NOC) and submit it to the State Clearinghouse along with the requisite number of hard copies and CDs, which will begin the legally- required 45 -day public review period. PlaceWorks will also prepare the Notice of Availability (NOA) to be submitted to the County Clerk. This scope of work assumes that the City will be responsible for mailing the NOA to interested parties and posting the NOA in public locations. 10. Final EIR Following the ,public review period, the PlaceWorks team will prepare an Administrative Draft Response to Comments. This scope of work assumes that City staff will forward all comments received within one working day of the end of the public review period, and that 32 hours of staff hours will be spent on responding to comments. If additional time is needed due to an unforeseen volume of comments, a contract modification will be needed to cover additional labor costs. PlaceWorks will incorporate the Administrative Response to Comments in to the Administrative Final EIR document. This will include both the Response to Comments and additional analysis or revisions to the Draft EIR as necessary. PlaceWorks will submit the Administrative Final EIR to City staff electronically in Word and PDF format for City comment. We will incorporate one consolidated set of comments to create the Screencheck Final EIR, which will be submitted as a sin�le PDF to the City. Based on comments received from City staff, PlaceWorks will revise the Screencheck Final EIR and prepare the Final EIR. This scope of work assumes that comments on the Screencheck Final EIR will be minor and includes 4 hours of revisions. We will submit 25 hard copies and 25 CDs of the Final EIR to City staff. 11. Mitigation Monitoring and Reporting Program Working closely with City staff, PlaceWorks will prepare a Mitigation Monitoring and Reporting Program (MMRP), to ensure that procedures are put in place so that the EIR mitigation measures are carried out in an appropriate, timely, and verifiable manner. The PLACEWOBKS 33 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE 11 / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS MMRP will be submitted as an administrative draft and screencheck draft document to the City and revised for publication with the Final EIR. We will provide the draft and final MMRP electronically. Task F Deliverables: a) NOP b) Scoping Meeting c) Draft EIR (PDF, 25 hard copies and 25 CDs) d) NOA and NOC e) Final EIR (PDF, 25 hard copies and 25 CDs) 0 MMRP Task G. Public Review and Council Acceptance 1. Planning Commission Hearing PlaceWorks will attend one Planning Commission hearing to present the Draft Downtown Gilroy Specific Plan Amendment and EIR and other associated amendments. This scope of work assumes that at the hearing the Planning Commission will recommend adoption of the Downtown Gilroy Specific Plan Amendment, General Plan amendments, and zoning amendments, and certification of the EIR to the City Council. 2. City Council Acceptance PlaceWorks will attend one City Council hearing to present the Draft Downtown Gilroy Specific Plan Amendment, General Plan and zoning amendments, and Final EIR to the City Council for consideration. 3. Final Downtown Gilroy Specific Plan Amendment PlaceWorks will prepare the final Downtown Gilroy Specific Plan Amendment and other associated amendments. The final Plan will include any changes requested by the Planning Commission and City Council during the adoption process. We will provide the City with 20 hard copies of the final Plan (if changes occur to this document based on the adoption process). Task G Deliverables: a) Planning Commission Hearing b) City Council Hearing c) Final Specific Plan (PDF and 20 printed copies) d) Web postings e) All final editable files PLACEWORKS 34 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS II. SCHEDULE, PRODUCTS, AND MEETINGS PlaceWorks assumes a project duration of 28 months, from April 2015 to July 2017. For products and deliverables, please refer to the deliverables listed under each task. This scope includes a total of 25 meetings (1 CHSRA coordination,I kick -off, 5 TAC, 5 CAC, 4 Community Meetings, 3 meetings with Hispanic leaders or organizations, a series of stakeholder interviews, 3 Planning Commission and City Council Study Sessions, 2 public hearings), 4 in- person meetings with City staff, and up to 60 bi- weekly check -in conference calls that occur throughout the project. BAE is scoped to attend up to 5 meetings, and Hexagon is scoped to attend up to 3 meetings. III. COSTS The total cost for services provided by PlaceWorks is based on the following time -and- materials, cost not to exceed amounts: • Finalize Phase I: $30,000 • Phase II: $568,989 • EIR: $185,121 Please refer to Tables 2A and 2B for detailed cost information. A. Assumptions This scope of work and cost estimate assumes that: ❑ Billing rates for this project are guaranteed through December 2017. Billing rates would be subject to an increase of up to 6 percent on January 2018, and in each subsequent year thereafter. A budget increase would be necessary to cover costs incurred after January 2018. ❑ PlaceWorks will send an invoice for work completed each month. The invoice will show hours worked by labor category, billing rate, and total by labor category plus PLACEWORKS 35 APRIL 2, 2015 CITY OF GILROY G I L R O Y H S T P H A S E I I / DOWNTOWN S P E C I F I C P L A N AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS subconsultants and reimbursable expenses, as well as remaining balance by task. Special invoicing requirements may necessitate an additional fee. ❑ Our cost estimate includes the meetings shown in Section II. Bruce Brubaker will attend all project meetings, public hearings, and other public meetings. Additional meetings would be billed on a time -and- materials basis. In addition to the number of meetings identified in Section II, subconsultant team members could also attend additional meetings or hearings for an additional cost based on time and materials. • City staff will act as a clearinghouse for comments on all administrative draft documents, and will provide PlaceWorks with a single, internally reconciled set of comments on each administrative draft. • There will be a single round of intensive review and revision to each administrative draft product prior to the screencheck draft, unless additional reviews are needed to correct errors, inconsistencies, omissions and /or formatting problems. If City staff feels that a second administrative draft is needed, a contract amendment allowing additional work will be necessary. • Revisions to screencheck drafts will focus. on typographical errors, formatting and other minor edits. Such revisions will not include major content changes. • Multiple changes from City about how to proceed will require a contract amendment to allow completion of the additional work. ❑ PlaceWorks will use ArcGIS version 10.1- compatible shapefiles and /or geodatabases from City of Gilroy for the development of the project's base map and subsequent thematic maps. All files delivered by City of Gilroy, including utilities information in GIS or CAD format, are assumed to be current, spatially accurate and aligned with one another, and referenced to a common coordinate system appropriate for the area. Each shapefile will arrive with the appropriate coordinate system definitions (i.e. .PRJ files); likewise, the coordinate system of geodatabases, if applicable, will contain proper coordinate system definitions. This scope assumes that City of Gilroy's existing GIS information, including attribute data, are essentially complete and that any needed adjustments by PlaceWorks will be minor. A maximum of 4 hours will be allotted for data quality control procedures. Additionally, PlaceWorks will expect metadata documentation for each shapefile and /or geodatabase submitted for this project including, but not limited to, data author and description, data creation date, attribute field definitions, and frequency of data updates. ❑ PlaceWorks will use Microsoft Word and /or Adobe InDesign for page layout of reports, plans and similar documents. Additional software such as Adobe Illustrator, PcaceWORKS 36 APRIL 2, 2015 CITY OF GILROY GILROY HST PHASE II / DOWNTOWN SPECIFIC PLAN AMENDMENT EXHIBIT A: SCOPE OF WORK AND COSTS Adobe Photoshop, ArcGIS and AutoCAD will be used to create illustrations, maps, diagrams and other graphics. ❑ All products will be submitted to City of Gilroy in electronic (PDF) format, except for printed copies that are specifically identified in Section I above. This is an allowance only, based on the numbers of products and copies shown in Section 1. If this allowance is exceeded, additional printing costs will be billed at PlaceWorks' actual cost. ❑ Upon completion of Task G.3, PlaceWorks will provide a CD containing all final and editable files, as well as GIS data produced as part of the project. • City of Gilroy staff will be responsible for meeting logistics, including schedule co- ordination, printing notices, mailing costs, room reservations, and refreshments. PlaceWorks will provide meeting materials. PlaceWorks and City staff will work together for room set -up and take down. • PlaceWorks will provide up to 2 facilitators for each community meeting. Additional facilitators will be drawn from City of Gilroy staff or a local organization who will assist with Spanish language facilitation. PlaceWorks will provide training for facilitators immediately before each community meeting. ❑ PlaceWorks will be responsible for designing notices for public meetings and will provide City of Gilroy with an electronic version of the workshop flier for printing and mailing — cost of printing and mailing to be borne by City. PlaceWorks will provide up to 20 printed copies of fliers per community meeting to the City. Pta CEWORKS 37 APRIL 2, 2015 Table 2A PhreWorks Gilroy HST Phase II /Downtown Specific Plan Amendment Cost Estimate Place Works - Hatch Mott McDonald Hexagon BAE Urban Economics LSA & opp"iturmes Mid Constraints Brubaker Mantey Michener Vermilion 59 Labor Cost per 2 Noaci Associate Noise Senior Associate Hong Mena Project Graphics Urban Bush Project Michael Richard Principal Principal Senior Vice Senior Arch Task (excluding HOUFSWTNA Principal Principal Manager Geologist Principal Associate Associate Planner /GIS Graphics/ WP Manager Designer Scientist Admin Engineer Shrub Malik Canepa Davies President Associate Associate Associate Engineer Principal President Associate Analyst Principal Historian Archaeologist expenses) M Flambe Phase 1- Gilroy High -Speed Train Station Vision 14 9 8 - 14 44 24 32 $30000 A. Phw11 Project INtl - - 57 - _ 78 22 30 BO 2 24 16 4 4 2 8 8 4 2 2 $46345 with ]. Phase 11 Coordination with CHSRA San lose to Merced Team 2, Phase R Kick -Off Meeting - t 6 10 $1,180 3. Data Gathering and Review - 6 8 10 4 $8,685 4. Base Map Preparation - 2 8 8 8 $10,005 5- Public Outreach Program 26 I8 12 22 16 $1,465 6. Project Wtbsite 4 g 30 $$5,540 7 TAC Meeting #1 7 12 10 ] $5,230 & CAC Meeting #1 7 16 $3,765 24 t $5,495 & opp"iturmes Mid Constraints 3 47 59 2 2 90 26 74 56 3 96 a 3 25 42 14 9 8 - 14 44 24 32 12 103 82 16 56 8 $132,350 1. Opportunities and Constraints Report _ - 48 26 74 34 - 28 8 - - 7 S - 8 44 24 28 12 101 80 16 56 8 $108,290 2. TAC Meeting #2: Admin Draft Opportunities and Constraints Report - 1 8 2 6 4 2 2 3. CAC Meeting #2: Draft Opportunities and Constraints Report - 12 1 1 16 $6,265 4. Stakeholder interviews 7 10 16 1 $4490 S. Community Meeting #1: Opportunities and Constraints g 14 ?0 1 $4,,120 Newsietrers. T „oi: Ov"eu.-l; and l'. e. "s;;e .�!a ^aaer ^cni 2 6 $5,060 $4,125 G Akemalhws Development - 64 - - - 154 - 18 30 1 272 - 4 5o 30 36 4 6 24 38 80 - 40 - 67 27 - - $132,640 1. Opportunity Sites and Prototype Development 13 24 aZ 64 $12,215 2. Administrative Draft Alternatives Preparation - 6 - - - 16 - - 1 - 24 - - - 6 It - 4 - - - - $14,320 3. TAC Meeting #3: Administrative Draft Alternatives 7 1 24 1 r. 4 2 2 $6,12S 4. City Council/ Planning Commission Study Session #1: Draft Alternatives 8 20 24 1 $6,210 5. Refine D Alternatives 2 8 20 $3,130 6. Alternatives Terhrtico/Mo ;ysis - 6 � - - 12 - - - - 50 30 30 4 64 - 31 - 65 25 - - $63,255 7. Alternatives Analysis Report 6 30 6 6 48 $10,410 8 CAC Meeting #3: Alternatives .Analysis Results and Preferred Alternative 7 I6 1 24 1 9. Community Meeting #2 Alternatives Analysis Results and Preferred Alternative 8 24 1 36 1 $5,595 .Vt'v.,.er;e s V, or' Ovr,each, and iv,-"!c ! +io•,ncer,ent 1 4 20 1 8 $7,870 D. Preferred AftennaOae DevelopnrcrK 44 - - - 84 - - 25 1 170 - 3 - 2 4 - 2 - 10 8 $3,510 1. Admin Draft Preferred Altemotive Development 6 18 36 2 4 2 - 8 - 2 2 - - $44,075 1. TAC Meeting #4: Admin Draft Preferred Alternotive 7 1 16 4 8 4 $11,610 3. Draft Preferred Alternative and Guiding Principles 6 16 24 $2,685 4. CAC Meeting #4: Droll Preferred Alternative and Guiding Principles 7 12 1 24 ] $5,250 5. Community Meeting #3: Draft Preferred Anernotim and Guiding Principles 7 16 ] 36 I 6 $5,055 6. City Council /Planning Commission Study Session #2 7 10 7 14 1 $7,815 7. Final Preferred Altemative 3 8 1 12 4 1 $5,425 :veu,:erle!s, Emni: Outreach, and INebs;.e 10-r-ent 1 4 20 1 8 $2,725 $3510 E-NOW 1VDOwnta#tr SpWIk Man Aneldmant 78 - - - 224 12 26 61 1 386 - 2 50 11 35 - 4 - 24 32 52 1. Plan Components - 5 - 14 - - SO 8 33 - - - 94 58 - - - $148,600 2. Admin Draft Downtown Specific Plan Amendment - 33 - - 126 - 4 30 - 240 - - - 3 2 - - - - 24 40 40 $34,665 3. TAC Meeting #5: Admin Draft Plan 7 g - 4 - 24 32 - 24 - 52 16 - - - $74,235 4. Public Review Draft Plan 8 30 6 8 60 52,985 S .CAC Meeting pS: Draft Plan 7 11 1 24 $11,980 6 Community Meeting Meeting #4: Orate Plan 7 16 30 1 7. City Counci! /Planning Commission Study Session #3 7 10 2 16 1 4 2 2 $7,495 S. General Plan and Zoning Amendments 4 4 12 16 $4,205 Newsic-(rers, ImaK Outreach, arm V ebsue `.ro -gef -I 1 4 10 ] 8 540 F. MR (See T"26) _ _ _ $3,540 _ _ _ _ _ _ _ _ _ _ - - SO 6. Publk Rowlew WW Coundl Apteppnce - 22 - - 32 - - 6 3 54 - 2 - 4 S 1 2 - 4 2 1. Plortnirrg Commission Hearing 7 7 10 - - - - - - - - $17,810 2. Gty Council Acceptance 7 7 10 i $3,090 3. Final PWn 7 16 6 28 4 5 1 2 4 2 $3,090 Emu +l OuVeo.1: „r,.1 Wei a esa ;ar ^,err 1 2 $10,330 $13170 Total Hours 3 313 59 2 2 662 38 118 200 39 1,060 8 16 149 89 110 18 26 24 92 174 32 136 12 268 171 16 56 8 Billing Rate $200 $175 $165 $160 $160 $135 $135 $105 $100 $115 $85 $95 $70 $120 $190 $260 $275 $245 $200 $200 $170 $110 $250 $195 $1SO $95 $155 $115 $105 Labor Cost $600 $54,775 $9,735 $320 $320 $89,370 $5,130 $12,390 $20,000 $4,485 $90,100 $760 $?,120 $17,880 $16,910 $28,600 $4,950 $6,370 $4,800 $18,400 $29,580 $3,520 $34,000 $2,340 $40,200 $16,245 $2,480 $6,440 $840 Phase I Cost - ToW Firm tabor cost $317.,778 $75,668 $62,670 $92,785 $9,760 $551,820 Travel Reprographics and Plots $1• �� %im $193.00 $700 Deliveries $600 Workshop Supplies and fliers $300 Subconsu @ant Administration (896) $20,115 Office Expenses (Phone, Fax, Copies, etc. @ 2% of Labor) $6,236 $600 $265 Reports $2,000 Research Fees $900 Language translation service ($0.17 /word) $1,870 Equipment & Traffic Counts $1,350 $7,500 Total Expenses $35,771 $1,000 $7,958 $1,600 $0 Total per Firm $34 ",548 $76,668 $70,628 $94,38S $9,760 GRAND TOTAL FOR PHASE II/SPECIFIC PLAN AMENDMENT $598,989 EIR TOTAL (SEE TABLE 20 FOR DETAILS) Gilroy Phaao 11_03031 5 for City.xlsx 185,121 Table 2B PlaeoWorks EIR for Gilroy HST Phase II /Specific Plan Amendment Cost Estimate PlaceWorks Hexagon LSA Brubaker Mantey Vermilion Labor Cost per Noack Associate Noise Fitzgerald Associate Mena Project Bush Project Principal Principal Senior Task (excluding Hours per Task Principal Principal Manager Senior Engineer Principal Hong Associate Associate Planner /GIS Graphics/ WP Scientist President Associate Associate Associate Engineer Principal Principal Biologist Archaeologist expenses) F. EIR 82 4 17 34 58 14 214 347 33 43 28 48 40 116 8 12 38 72 168,595 1. NOPoad Initial Study 8 6 16 16 6,250 2. Scoping Meeting 8 8 16 4,360 3. Project Description 8 32 16 4 8,000 4. Environmental Review 18 2 15 32 56 - 71 172 13 41 20 48 36 80 - 6 8 30 60 100,900 5. Alternatives Evaluation 4 2 8 16 2 4,110 6. Ad- Draft 16 8 32 50 8 1 71 17,180 7. Screencheck Draft EIR 2 6 8 2 2,250 S. Public Review Draft EIR 3 4 5 4 1 1 4,595 9. NOC and NOA 1 2 4 890 10. Final EIR 11 2 2 2 31 40 2 4 4 11 2 4 8 12 18,970 ]I. M.v,RP 2 2 4 1,090 G. Public Review and Council Acceptance 16 - - - - - 8 8 - - - - - - - - - - - 5,120 _ �,nv - c. ,rsso•, k� -mg 4 2,560 �tv COOnsar< =otcma ,,a o 8 4 4 2,560 Total Hours 98 4 17 34 58 14 222 355 33 43 28 48 40 116 - 8 12 38 72 Billing Rate $200 $175 $165 $170 $160 $135 $135 $105 $100 $95 $245 $200 $200 $170 $110 $155 $140 $115 $105 Labor Cost $19,600 $700 $2,805 $5,780 $9,280 $1,890 $29,970 $37,275 $3,300 $4,085 $6,860 $9,600 $8,000 $19,720 $0 $1,240 $1,680 $4,370 $7,560 Total Firm Labor Cost $114,685 $44,180 $14,850 $173,715 EXPENSES Travel $480 Reprographics and Plots $3,100 Deliveries Workshop Supplies & Refreshments Subconsultant Administration (8%) $4,782 Office Expenses (Phone, Fax, Copies, etc. @ 2% of Labor) $2,294 Reports Research Fees $750 Language translation service ($0.17 /word) Equipment & Traffic Counts Additional Intersection Counts Total Expenses $10,656 $0 $750 Total per Firm $125,341 $44,180 $15,600 GRAND TOTAL FOR EIR $185,121 EXHIBIT "C" MILESTONE SCHEDULE See Section I of Scope of Work, attached as Exhibit B 4835- 2267- 0361vl _I- LAC104706083 EXHIBIT `•.D" PAYMENT SCHEDULE See Section III of Scope of Work, attached as Exhibit B 4835 - 2267-03610 LAC104706083 1 ® AC40 ° CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 05/01/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. TI4IS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy((es) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Marsh Risk & Insurance Services 17901 Von Kerman Avenue CONTACT NAME: PHONE FAX AIC. No): E-MAIL ADDRESS; (949) 399 -5800 License #0437153 Irvine, CA 92614 INSURER(S) AFFORDING COVERAGE NAIC # INSURER A: Crum & Forster Specialty Insurance Cc 144520 980627- 01-01-14-15 INSURED Placeworks INSURER B: Travelers lPrO a n y Casual Casualty ar OfArherica i_ PERSONAL & ADV INJURY $ 5'00Q000 Dba: The Planning Center INSURER C : _ GENERAL AGGREGATE INSURER D: GEN'L AGGREGATE LIMIT APPLIES PER: PRO- CT LOC _x POLICY Design Community & Enviomment 3 MacArthur Place, Suite 1100 $ 5,006,000 Contractors Pollution Santa Ana, CA 92707 INSURER E: _ INSURER F: X BA- 7E376167- TCT -14 COVERAGES CERTIFICATE NUMBER: LOS-001600512 -07 REVISION NUMBER:6 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICY EFF MMrDD/YYYY POLICY EXP MWDD LIMBS A _ GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLkIMS -MADE PE OCCUR X BI & PD Ded.$5,000 X X EPK- 104545 07/01/2014 07/01/2015 EACH OCCURRENCE $ 5,000,000 PREMISES Ea n $ 50,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 5'00Q000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRO- CT LOC _x POLICY PRODUCTS - COMP/OP AGG $ 5,006,000 Contractors Pollution $ 5,000,000 B AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS X X NON -OWNED HIRED AUTOS AUTOS X X BA- 7E376167- TCT -14 07/0172014 07/01/2015 EOaBid,"t) NGLEL'IMR 1,000;000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE i $ A X uMBREULA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EX- 7E376167- TIL -14 07/01/2014 07/01/2015 EACH OCCURRENCE $ 4,000,000 AGGREGATE $ 4,000,000 DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROP.RIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below _ NIA A 1.18- 7E37616 -7 -14 07/01/2014 07/01/2015 X I WC STATU- I JOTI+- E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1 ,000,000 $ A Errors & Omissions- Claims Made EPK - 104545 07/01/2014 07/01/2015 Each Claim /Aggregate 5,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, If more space Is required) Re: Job #1036, Gilroy High Speed Train Visioning Project The City of Gilroy, officers,'representatives, agents, and employees are included as additional insured where required by written contract with respect to General and Auto Liability. This insurance is primary and non- contributory over any existing'insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General Liability. Waiver of subrogationis applicable where required by written contract with respect to General and Auto Liability. The City of Gilroy Attn: Rick Smelser, City Engineer 7351 Rosanna St. Gilroy, CA 95020 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE 0(0IRATI6N DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE of Marsh Risk '& Insurance Services John Graef ©1988 -2010 ACORD CORPORATION. All rights reserved. ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED � OWNERS, LESSEES OR. CONTRACTORS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART or The City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 SCHEDULE SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but only with respect to liability caused, in whole or in part, by "your work" for that insured which is performed by you or by those acting on your behalf. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0111 -0211 Page 1 of 1 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NON- CONTRIBUTORY ADDITIONAL INSURED WITH WAIVER OF SUBROGATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART THIRD PARTY POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organization(s) The City of Gilroy 7351 Rosanna St. Gilroy, CA 95020 i A. SECTION III — WHO IS AN INSURED within the Common Provisions is amended to include as an additional insured the person(s) or organization(s) indicated in the Schedule shown above, but solely with respect to "claims" caused in whole or in part, by 'your world' for that person or organization performed by you, or by those acting on your behalf. This insurance shall be primary and non - contributory, but only in the event of a named insured's sole negligence. B. We waive any right of recovery we may have against the person(s) or organization(s) indicated in the Schedule shown above because of payments we make for "damages" arising out of "your world' performed under a designated project or contract with that person(s) or organization(s). C. This Endorsement does not reinstate or increase the Limits of Insurance applicable to any "claim" to which the coverage afforded by this Endorsement applies. ALL OTHER TERMS AND CONDITIONS OF THE POLICY REMAIN UNCHANGED. EN0118 -0211 Page 1 of 1