12-075 Planning Center DC&E, Mary Ave Dog Park Environmental Clearance Process AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE PLANNING
CENTER DC&E FOR CONSULTANT SERVICES FOR MARY AVENUE DOG
PARK ENVIORNMENTAL CLEARANCE PROCESS p 5-7 G/1---
THIS AGREEMENT, for reference dated s)O�.y ►7 , 2012, is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
THE PLANNING CENTER DC&E (California corporation)whose address is 1625
Shattuck Avenue, Suite 300, Berkeley, Ca 94709 (hereinafter referred to as
"Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for the Mary Avenue
Dog Park Environmental Clearance Process upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on July 16, 2012, and shall terminate
on March 30, 2013, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A". titled
"Work Scope and Cost" which is attached hereto and incorporated herein by this
reference.
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule set out
in Exhibit "A". titled "Work Scope and Cost", which is attached hereto and incorporated
herein by this reference.
4. COMPENSATION TO CONSULTANT:
The compensation to be paid to Consultant for professional Services and reimbursable
expenses shall be a lump sum not to exceed Thirty Four Thousand Nine Hundred Thirty
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•
Five Dollars ($34,935.00) for Basic Services inclusive of Reimbursable Expenses. The
rate of payment is set out in Exhibit "A". titled"Work Scope and Cost", which is attached
hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments during the course of each phase, clearly stating as
a minimum the total Contract amount, amount paid to date,percent complete and amount
due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the prevailing standards of like professionals in the San Francisco Bay Area and
agrees that all services shall be performed by qualified and experienced personnel who
are not employed by the City nor have any contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall
not be made for any state or federal taxes, FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations.
Consultant shall indemnify and hold City harmless from and against any loss, damage,
liability, costs or expenses arising from any noncompliance of this provision by
Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Consultant agrees that harassment or discrimination
directed toward a job applicant, a City employee, or a citizen by Consultant or
Consultant's employee or subcontractor on the basis of race, religious creed, color,
national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or
sexual orientation will not be tolerated. Consultant agrees that any and all violations of
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this provision shall constitute a material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all purposes
under this Agreement. The Carmen Lynaugh, Public Works Project Manager is hereby
designated as the Director of Public Works' designee and Project Manager, and shall
supervise the progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project Manager to
have overall responsibility for the progress and execution of this Agreement for
Consultant Should circumstances or conditions subsequent to the execution of the
Agreement require a substitute Consultant Project Manager for any reason, the
Consultant Project Manager designee shall be subject to the prior written acceptance and
approval of the City Project Manager. The designated Consultant Project Manager shall
be Kyle Simpson.
11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability. Where the law establishes a standard of care
for Consultant's professional services, and to the extent the Consultant breaches
or fails to meet such established standard of care, or is alleged to have breached or
failed to meet such standard of care, Consultant shall, to the fullest extent allowed
by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including any injury
to or death of any person or damage to property or other liability of any nature,
that arise out of, pertain to, or relate to the negligence, recklessness, or willful
misconduct of Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include reasonable
attorneys' fees of counsel of City's choice, expert fees and all other costs and fees
of litigation. Consultant shall not be obligated under this Agreement to indemnify
City to the extent that the damage is caused by the sole negligence or willful
misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with the
Agreement indemnify, defend, and hold harmless the City and its officers,
officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them,
including any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the performance of
this Agreement by Consultant or Consultant's employees, officers, officials,
agents or independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation.
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12. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall
furnish City with certificates showing the type, amount, class of operations covered,
effective dates and dates of expiration of insurance coverage in compliance with
paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's
indemnification, shall also contain substantially the following statement: "Should any of
the above insurance covered by this certificate be canceled or coverage reduced before
the expiration date thereof,the insurer affording coverage shall provide thirty (30) days'
advance written notice to the City of Cupertino by certified mail, Attention: City
Manager." It is agreed that Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum
limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in
the amounts of$1,000,000 will be considered equivalent to the
required.minimum limits shown above.
(3) Automotive:
Comprehensive automotive liability coverage in the following
minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the amount
of at least$1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which
he/she has agreed to provide comprehensive general and automotive liability insurance,
Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants
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to City, on behalf of any insurer providing comprehensive general and automotive
liability insurance to either Consultant or City with respect to the services of Consultant
herein, a waiver of any right to subrogation which any such insurer of said Consultant
may acquire against City by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or maintain
the foregoing insurance, City shall be permitted to obtain such insurance in the
Consultant's name or as an agent of the Consultant and shall be compensated by the
Consultant for the costs of the insurance premiums at the maximum rate permitted by law
and computed from the date written notice is received that the premiums have not been
paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverages, except
any professional liability insurance, required by this Agreement. The naming of an
additional insured shall not affect any recovery to which such additional insured would
be entitled under this policy if not named as such additional insured. An additional
insured named herein shall not be held liable for any premium, deductible portion of any
loss, or expense of any nature on this policy or any extension thereof. Any other
insurance held by an additional insured shall not be required to contribute anything
toward any loss or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being sufficient to
protect Consultant. Consultant is advised to confer with Consultant's insurance broker to
determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to perform
the services required by this Agreement. Consultant may be required to fill out a conflict
of interest form if the services provided under this Agreement require Consultant to make
certain governmental decisions or serve in a staff capacity as defined in Title 2, Division
6, Section 18700 of the California Code of Rgulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, subl
essee, hypothecate or transferee shall acquire no right or interest by reason of such
attempted assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank,trust company or
other financial institution without prior written consent. Written notice of such
assignment shall be promptly furnished to City by Consultant.
The sale, assignment,transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent(50%) or
more of the voting power of the corporation.
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15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced,prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall constitute
the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be
in Microsoft Word and PDF formats. City holds Consultant harmless for any
modifications to the documents.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
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performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in sufficient
detail to permit an evaluation of services. Al]. such records shall be maintained in
accordance with generally accepted accounting principles and shall be clearly identified
and readily accessible. Consultant shall provide free access to such books and records to
the representatives of City or its designees at all proper times, and gives City the right to
examine and audit same, and to make transcripts therefrom as necessary, and to allow
inspection of all work, data, documents, proceedings and activities related to this
Agreement. Such records, together with supporting documents, shall be kept separate
from other documents and records and shall be maintained for a period of three (3)years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses.a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter
provided.
All notices, demands, requests, or approvals from Consultant to City shall be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
408-777-3354
Attention: Carmen Lynaugh
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
The Planning Center DC&E
1625 Shattuck Avenue, Suite 300
Berkeley, CA 94709
510-848-3815
Kyle Simpson
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If such default is not cured within within the time
specified after receipt by Consultant from City of written notice of default, specifying the
nature of such default and the steps necessary to cure such default, City may terminate
the Agreement forthwith by giving to the Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of terminating
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this Agreement by giving seven(7) days'prior written notice to Consultant as provided
herein. Upon termination of this Agreement, each party shall pay to the other party that
portion of compensation specified in this Agreement that is earned and unpaid prior to the
effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all reports,
documents, and other work performed by Consultant under this Agreement.
21. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement(or the successors of those authorities.)
Any suits brought pursuant to this Agreement shall be filed with the courts of the
County of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
22. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the parties hereto, and all preliminary negotiations and
agreements of whatsoever kind or nature are merged herein. No verbal agreement or
implied covenant shall be held to vary the provisions hereof. Any modification of this
Agreement will be effective only by written execution signed by both City and
Consultant.
25. GIFTS:
A. Consultant is familiar with City's prohibition against the acceptance of any gift by
a City officer or designated employee, which prohibition is found in City Administrative
Procedures.
B. Consultant agrees not to offer any City officer or designated employee any gift
prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material breach of this
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Agreement by Consultant. In addition to any other remedies, City may have in law or
equity, City may terminate this Agreement for such breach as provided in Section 19 of
this Agreement.
26. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
27. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
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P.O. No.: r 'D 7d /
IN WITNESS WHEREOF,the parties have caused the Agreement to be executed.
CONSULTA CITY OF CUPERTINO
4Y(Pt A Municipal Corporation
The Planning Center DC&E
California Corporatio
By _ By
T1 orden, Director of Public Works
Name STEV E ,.loALtc I +
Date
Title ??I tc t C- L_
Date .1vi.-y 1112.0 t2-
Tax I.D.No.: 2.cf7 5827
APPROVED AS TO FORM:
Address: i b25 sHArt-.cK p.t� 300
13E2K -etc A 94'7 E39
ar. / orade, City Attorney
ATTEST:
�:.
Grace Schmidt, City Clerk
Contract Amount: $34,935.00
Account No. : 580-9137-9300
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EXHIBIT A: WORK SCOPE AND COSTS
This exhibit describes the scope of services, schedule, products and meetings
for the Mary Avenue Dog Park IS/MND to be conducted by The Planning
Center I DC&E for the City of Cupertino in cooperation with Michael L.
Bench, Consulting Arborist.
I. SCOPE OF SERVICES
Task A.Project Initiation
This task involves activities related to start-up of the environmental review
for the project, and is structured to streamline the process and optimize the
overall timeline for completion of the IS/MND. The activities included
under this task will also clearly establish the parameters for the technical
analyses and CEQA review to follow.
1. Project Kick-Off Meeting
Steve Noack and Kyle Simpson will meet with City staff to discuss
expectations, concerns, schedule, and to review key issues, information needs
and work products.
After the Kick-Off Meeting, we will visit and photograph the project site,
paying particular attention to features and concerns identified in the meeting.
2. Draft Project Description
The Planning Center I DC&E will draft a Project Description using graphics
and textual information provided by the City. The Project Description will
include detailed information on project features designed to avoid or offset
potential environmental impacts, such as water quality. The section will also
describe the proposed site remediation and construction activity. We will
submit one electronic copy of the Draft Project Description to the City staff
for review and comment. Upon approval by City staff, the Project
Description will be distributed to the full team for reference.
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C I T Y O F C U P E R T I N O
MARY AVENUE DOG PARK I S/M N D
E X H I B I T A: S C O P E O F WORK AND COSTS
Task B. Environmental Review
1. Initial Study Preparation
The Planning Center I DC&E will prepare an Initial Study that documents
existing conditions, project impacts (if any), and mitigation measures (if
required), as well as the resulting level of significance for each of the topical
areas required under CEQA.
Although the potential environmental impacts that could result from the
construction and operation of the proposed park are not expected to be
significant, the topics of particular concern include construction-period air
quality and GHG emissions noise, biology (tree health), hazards and
hazardous materials, and hydrology and water quality. The analysis for each
of these topic areas is described below in Sections B.1.a through B.1.c.
In addition to the resource areas of concern, The Planning Center I DC&E
will evaluate several other topic areas that are not expected to result in
potentially significant impacts, given the project components and location.
♦ Aesthetics
♦ Agriculture and Forestry Resources
♦ Cultural Resources
♦ Hydrology and Water Quality
♦ Land Use and Planning
♦ Traffic/Parking
♦ Mineral Resources
♦ Population and Housing
♦ Public Services and Recreation
♦ Utilities and Service Systems
The Planning Center I DC&E staff will provide detailed analysis on the
following environmental issues:
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C I T Y O F C U P E R T I N O
MARY AVENUE DOG PARK I S/M N D
E X H I B I T A: S C O P E O F WORK AND COSTS
a. Air Quality, Greenhouse Gas Emissions,and Community Health Risk
An air quality and greenhouse gas (GHG) analysis will be prepared in
accordance with the Bay Area Air Quality Management District's
(BAAQMD) CEQA Air Quality Guidelines (revised May 2011). BAAQMD
developed screening thresholds for construction-related criteria air pollutants,
operational phase criteria pollutants, and GHG emissions to identify project
types that generate a di minimis level of emissions and do not warrant
detailed modeling of air quality and/or GHG emissions impacts. The project
involves construction of a small dog park and would not exceed the screening-
level size project identified by BAAQMD for operational criteria air
pollutants and GHG emissions. In addition, due to the short duration users
of the park would be on-site, the project is not the type of sensitive land use
that would necessitate an evaluation of impacts rela:ive to BAAQMD's
community risk thresholds for operation. While the project would not
exceed the screening-level size for construction-related criteria air pollutants,
the project would require soil export to a landfill for remediation and
therefore the screening project size thresholds are not applicable for
construction. Therefore, a quantified analysis of criteria air pollutants would
be conducted for construction-related air quality impacts (criteria air
pollutants and community risk and hazards). Criteria air pollutants and
GHG emissions generated by short-term construction activities would be
quantified using a BAAQMD approved model (e.g. URBEMIS+BGM or
Ca1EEMod) based on the construction schedule, preliminary list of
construction equipment, construction phasing, and soil export volumes
provided by the City of Cupertino. A screening-level community risk and
hazards analysis associated with short-term construction activities will be
conducted using the SCREEN3 program. The operational phase air quality
assessment will focus on the potential for the project to generate nuisance
odors. Mitigation measures to reduce potential odor impacts of the project
will be identified. Results of the technical modeling will be incorporated into
the IS/MND and modeling included as an Appendix.
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C I T Y O F C U P E R T I N O
MARY AVENUE DOG PARK IS/MND
E X H I B I T A: S C O P E O F WORK AND COSTS
b. Biological Resources
Michael L. Bench, Consulting Arborist, will prepare an Arborist's Report
regarding the 35 existing trees located in and around the area proposed for
construction at the Mary Avenue Dog Park site.
The Arborist's Report will include:
1. An evaluation of each tree, including species, trunk diameter, canopy
height, canopy spread, disease or insect infestation, and significant
structural weaknesses.
2. Aluminum labels, supplied by Michael Bench, may be affixed to the trees
if necessary for field identification. The numbers assigned to the trees
would correspond to the evaluation,comments,and recommendations.
3. A mark-up of an existing exhibit of the site showing the locations of the
trees by number,including any relevant site relationships.
4. Photos,if necessary,would be used to convey relevant information.
5. A "Tree Protection Plan" for the preservation of the trees that would be
planned to be preserved.
This information will be incorporated into the Biological Resource evaluation
in the IS/MND.
c. Noise and Vibration
The Planning Center DC&E will prepare noise and vibration analyses to
evaluate potential impacts resulting from temporary construction activities
and long-term operation of the proposed project. The Planning
Center I DC&E will assess existing conditions and identify the nearest
sensitive receptors and other pertinent community characteristics, based on
aerial photography,site plans, and project site photos. Given that the project
is a similar usage to the current activities at the park site, coupled with the
methodology of the city's municipal code regarding noise, a field assessment
of existing noise levels is not warranted.
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C I T Y O F C U P E R T I N O
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E X H I B I T A: S C O P E O F WORK AND COSTS
With the relatively close proximity of several multi-family residential
receptors (some as close as 100 feet from potential project improvements),
noise and vibration from construction activities at the site may be of concern.
Thus, potential temporary noise and vibration impacts :o nearby homes will
be evaluated using industry-standard analysis techniques and using scheduling,
equipment mix, hauling, and truck trip information as provided by the
applicant. At this juncture of the development, it is assumed that demolition
and renovation will solely involve earth moving with no pile driving, no
foundations,and no structure erection processes.
It is not anticipated that there will be significant potential increases in project-
related traffic associated with the additional features and facilities at the site.
Further, it appears that the parking and access points would not be modified
as a result of the project. As such,a formal traffic study is not anticipated and
the associated traffic-related noise analysis will qualitatively discuss the
potential for noise increases related to outdoor activities due to the
incremental additional visitors to the park area.
Potential noise and vibration impacts will be evaluated according to
applicable City of Cupertino noise and vibration criteria included in the
General Plan and the Municipal Code (Title 10, Chapter 10.48). Mitigation
measures to reduce noise and vibration impacts will be recommended, as
necessary, to reduce potential impacts to less than significant levels. The
findings of these noise and vibration analyses will be provided in the
IS/MND and pertinent calculations and technical information will be
provided in an Appendix.
d. Land Use and Planning
Given the need for amendments to the General Plan and Zoning Ordinance
for the project site, the Planning Center I DC&E will evaluate the proposed
project's relationship to surrounding land uses and consistency with relevant
adopted policy documents.
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C I T Y O F C U P E R T I N O
MARY AVENUE DOG PARK IS/MND
E X H I B I T A: S C O P E O F WORK AND COSTS
2. Mitigated Negative Declaration Preparation
If it is determined that potential impacts from construction or operation of
the project can be avoided through changes to the project, or mitigated to
less-than-significant levels in accordance with CEQA Guidelines Section
15070,a Mitigated Negative Declaration(MND)would be prepared.
In the event that the Initial Study determines the project would result in one
or more significant impacts that cannot be mitigated to a less-than-significant
level, an EIR will be required. The Planning Center I DC&E will be
available to prepare an EIR, if required, subject to a contract modification
providing scope and budget for this additional service. If an EIR is required,
The Planning Center I DC&E would leverage the comprehensive Initial
Study prepared under Task B.1 above to scope out impact areas where no
significant impact would result so as to focus the EIR on key issues.
3. City Review and Revision
The IS/MND will be submitted to City staff for review,as follows:
♦ Administrative Draft IS/MND. The Planning Center I DC&E will
submit one(1) electronic copy of a first draft to the City for review. Staff
will provide The Planning Center I DC&E with comments on the
Administrative Draft IS/MND. This assumes that The Planning
Center I DC&E will respond to one round of comments, and that we
will receive a single set of internally reconciled comments.
♦ Screencheck Draft IS/MND. The Planning Center I DC&E will submit
one (1) electronic copy of a revised, second draft as an electronic
"Screencheck" prior to printing the public review draft. The Planning
Center I DC&E assumes that a minimal level of effort, not exceeding
four hours, would be required to respond to any comments from the
City on the Screencheck Draft IS/MND.
• Draft IS/MND. The Planning Center I DC&E will provide the City
with five (5) paper copies of the Draft IS/MND and one (1) electronic
copy. In addition, The Planning Center I DC&E will send fifteen (15)
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copies to the State Clearinghouse for circulation to interested members of
the public.
Task C.Public Review and Response to Comments
Assuming that an IS/MND will be prepared and publicly distributed for the
project a 30-day public review period will be required under CEQA.
1. Notice of Intent and Public Noticing
The Planning Center DC&E will prepare a Notice of Intent(NOI) to adopt
a negative declaration, and will advise the City on procedures and
notifications required for public review.
2. Responses to Comments Memorandum
Once the IS/MND is published with the State Clearinghouse, CEQA
requires a 30-day public review period during which the document will be
available for review and comment. The Planning Center I DC&E will
respond to substantive comments received on the IS/MND in a
memorandum form. Preparation of the memorandum will include
coordination with the agencies listed above, as it pertains to comments they
may provide on the IS/MND. The memorandum will be submitted to the
City for review and comment within two weeks of the close of the public
comment period. The Planning Center I DC&E will provide the City with
one(1) electronic copy of the final memorandum. City staff will provide The
Planning Center I DC&E with a single set of internally reconciled
comments.
The Planning Center I DC&E will address any comments received from the
City on the memorandum and will prepare the Final Response to Comments
Memorandum. The Planning Center I DC&E will provide the City (1)
electronic copy of the final memorandum.
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EXHIBIT A: SCOPE OF WORK AND COSTS
3. Mitigation Monitoring and Reporting Program Preparation
If mitigation measures are necessary, The Planning Center I DC&E will
prepare a MMRP concurrently with the preparation of the Response to
Comments Memorandum. The Planning Center I DC&E will provide the
City with three (3) paper copies and one (1) electronic copy of the MMRP.
The MMRP, shown in tabular form, will identify responsibility for
implementing and monitoring each mitigation measure included in the
MND,and will include monitoring triggers and reporting frequency.
4. Notice of Determination
The Planning Center I DC&E will prepare and submit the Notice of
Determination with the San Mateo County Clerk and State Clearinghouse
within five (5)days after approval of the project by the City.
Task D.Public Meetings
Following publication of the Final IS/MND, The Planning Center I DC&E
will assist the City with certification of the CEQA document. Costs for
attending these meetings are included in Table 1.
1. Environmental Review Committee
Steve Noack and Kyle Simpson will attend the Environmental Review
Committee (ERC) meeting to discuss the potential environmental impacts
resulting from the project, and take comments on the IS/MND.
2. Planning Commission Hearing
Steve Noack and Kyle Simpson will attend a Planning Commission hearing
on the Final IS/MND. The objective of this meeting is for the Planning
Commission to recommend to the City Council approval of the IS/MND.
3. City Council Hearing
Steve Noack and Kyle Simpson will attend a City Council hearing on the
IS/MND. The objective of this meeting is for the City Council to approve
the IS/MND.
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II. SCHEDULE,PRODUCTS,AND MEETINGS
We anticipate that the project can be completed within a four-month time
frame from notice to proceed. A detailed schedule for preparation of the
IS/MND is as follows:
♦ The Planning Center I DC&E submits Project Description to the City-
2 weeks after NTP
♦ City staff approves Draft Project Description- 1 week from receipt
♦ The Planning Center I DC&E submits Administrative Draft IS/MND to
City- 1 month from receipt of Project Description
♦ City submits one round of comments to The Planning Center I DC&E-
2 weeks from receipt
♦ The Planning Center I DC&E submits Screencheck Draft IS/MND to
City- 1 week
♦ City submits final comments on the Draft IS/MND-3 days
♦ The Planning Center I DC&E submits IS/MND to City and State
Clearinghouse--4 days
♦ Start 30-day review period
♦ Environmental Review Committee
♦ End 30-day review period-30 days
♦ The Planning Center I DC&E submits Administrative Draft Responses
to Comments Memorandum and MMRP-2 weeks
♦ City returns one set of comments to The Planning Center I DC&E - 1
week
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♦ The Planning Center I DC&E submits Final Response to Comments
Memorandum and MMRP-November 30,2012- 1 week
♦ Planning Commission and City Council Hearings
III. COSTS
As shown in Table 1, the estimated cost to complete the scope of work
described in this proposal is $34,935. The Planning Center I DC&E team
will complete this scope of work for a fixed fee not to exceed this amount.
We are flexible regarding project costs and hope that you will not eliminate
us from consideration on the basis of cost alone.
The billing rates for each team member are included in Table 1.
The Planning Center I DC&E bills for its work on a time-and-materials basis
with monthly invoices.
A. Cost Guarantee
DC&E guarantees that it will complete a contracted scope of work for the
contracted cost. Any in-contract cost overruns are absorbed by the firm and
are not passed on to the client.
B. Assumptions
This scope of work and cost estimate assumes that:
♦ Billing rates for this project are guaranteed through June 2013. Billing
rates would be subject to an increase of up to 6 percent on July 1, 2013,
and in each subsequent year thereafter. A budget increase would be
necessary to cover costs incurred after July 1,2013.
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♦ The Planning Center I DC&E 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 subconsultants and
reimbursable expenses. Special invoicing requirements may necessitate
an additional fee.
♦ Our cost estimate includes the meetings listed under Task D., Public
Meetings. Additional meetings would be billed on a time-and-materials
basis. Steve Noack will attend all project meetings and other public
meetings. Each meeting will last up to two hours. Subconsultant team
members could also attend additional meetings or hearings for an
additional cost based on time and materials.
♦ No more than 36 hours of The Planning Center I)C&E staff time will
be required to prepare the Response to Comments Memorandum,
including responding to public comments and comments from the City
on the Administrative Draft. If additional labor is necessary, a contract
amendment allowing additional work will be necessary.
♦ City of Cupertino staff will act as a clearinghouse for comments on all
administrative draft documents, and will provide The Planning
Center DC&E 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. If City of
Cupertino 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
content changes.
♦ The Planning Center DC&E will use Microsoft Word and/or Adobe
InDesign for page layout of reports, plans and similar
documents. Additional software such as Adobe Illustrator, Adobe
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Photoshop, ArcGIS and AutoCAD will be used to create illustrations,
maps,diagrams and other graphics.
♦ All products will be submitted to the City of Cupertino in electronic
(PDF) format, except for printed copies that are specifically identified in
Table 1. If the printing allowance in Table 1 is exceeded, additional
printing costs will be billed at The Planning Center DC&E's actual
cost.
♦ City of Cupertino staff will be responsible for meeting logistics,
including schedule co-ordination,document production,printing notices,
mailing costs, room reservations, room set-up and take-down, and
refreshments.
THE PLANNING CENTER I DC&E 12
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Table I
The Planning Center I DC&E
Mary Avenue Dog Park IS/MND
Cost Est:imate
Senior Graphics/ Clerical/
Hours per Task Principal Associate Associate Planner WP Intern
A. Project Initiation 4 8 16 2
B. Environmental Review 8 13 62 122 12
C. Public Review and Response to Comments 2 6 8
D. Public Meetings 12 12
Total Hours 26 13 88 146 12 2
Billing Rate $190 $165 $135 $85 $80 $70
Labor Cost $4,940 $2,145 $11,880 $12,410 $960 $140
Total Firm Labor Cost $32,475
EXPENSES
Mileage(@$0.555 per mile) 200
Arborist's Report 1,210
Deliveries 100
Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) 650
Report Production 300
Total Expenses $2,460
TOTAL $34,935
7/17/2012