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13-032 The Planning Center/DC&E Agreement for Consultant Services for Environmnetal Review OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE--CUPERTINO, CA 95014-3255 TELEPHONE: (408)777-3223- FAX: (408)777-3366 C U P E R'T'I N® WEBSITE:www.cupertiino.org September 22, 2014 Placeworks 1625 Shattuck Avenue Suite 300 Berkley, CA 94709 Re: Second Amendment to agreement for consultant services. A fully executed copy of the agreement for consultant services with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Community Development Department at (408) 777-3308. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Community Development r T g9. SECOND-AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS (FORMERLY THE PLANNING CENTER DC&E) FOR CONSULTANT SERVICES FOR THE GENERAL PLAN AMENDMENT/MOUSING ELEMENT PROJECTS This Second Amendment to the Consultant Services Agreement.between the City of Cupertino and Placeworks, Inc., for reference dated August 251'', 2014;is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter City ) and Placeworks, a California corporation, whose address is 1625 Shattuck Avenue, Suite 300, Berkeley, California 94709, (hereinafter "Consultant"), and is made with reference to the following: RECITALS: A. On March 6, 2013, an agreement was entered into by and between City and The Planning Center DC&E (hereafter "Agreement"). In March 2014, the Planning Center DC&E changed its name to Placeworks, but without any other changes to the corporate structure, and Placeworks represents and warrants that it has the same rights and responsibilities as The Planning Center DC&E. B. On April 18, 2014, the Cite and P1aceWorks entered into a* First Amendment to the Agreement for the Consultant Services for 'the General Plan a Amendment (First Amendment). Hereafter, "Agreement" shall refer to the Agreement and First Amendment, collectively. - C. City'and Consultant desire to modify the Agreement to add additional tasks and compensation for the General Plan Amendment on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. The term section of the Agreement shall remain the same and shall be in full force and effect. 2. Additional services to be performed include the additional scope of work described in Exhibit A. he Agreement shall be increased by this 3. The Compensation section of t amendment in the amount not to exceed $26,661.00, for a total contract amount not to exceed $544,944.00 Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect Page 1 of 2 Amendment#2-P1aceWorks-Consultant Services for General Plan Amendment/Housing Element i r IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Placeworks CITY OF CUPERTINO A California Corporation A Municipal Co oration By.. By - Title-4b U ;I Aarti Shrivastava Date 26) 4- Director of Community Development Date RECO �NDED FOR APPROVAL: B Y David Brandt, City Manager 0 APPR VED AS TO FORM: By Carol Korade, City Attorney ATTEST: By Grace Schmidt, City Clerk 9 Attachments '� Y Exhibit "A" EXPENDITURE DISTRIBUTION Acct # 110-7302-9328 (GPA) Contract Amount: $393,490.00 PO # 00057992 Acct #110-7302-9330 (Housing Element) Contract Amount: $45,192.00 PO # 00058273 0 Amendment #1 (add to PO #00057992) $79,601.00 Amendment #2 (add to PO #00057992) $26,661.00 Total Amount: $544,944.00 Page 2 of 2 Amendment#2-P1aceWorks-Consultant Services for General Plan Amendment/Housing Element 1 I PLACEWORKS F CONTRACT MODIFICATION PROJECT Cupertino General Plan, housing Element Update,and associated Rezoning EIR PLACEWORKS PROJECT NUMBER CONTRACT MODIFICATION NUMBER 2 DATE June 23,2014 FROM Steve Noack TO Piu Ghosh City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 THIS CONTRACT MODIFICATION AMENDS THE EXISTING CONTRACT BETWEEN PLACEWORKS-AID THE CITY OF CUPERTINO FOR THE CUPERTINO GENERAL PLAN, HOUSING ELEMENT UPDATE, AND ASSOCIATED REZONING EIR. The existing scope of work is hereby amended as follows; The PlaceWorks Team revised the analysis to include an additional 1.2 million square feet of commercial development under the Project and Alternative B scenarios. PREVIOUS CONTRACT AMOUNT $51 8,283.00 / I AMOUNT OF THIS AMENDMENT $26,6.61.00 NEW TOTAL CONTRACT AMOUNT $544,944.00 Terms for billing and payment of the additional contract cost: All other terms and conditions of the existing contract dated March 6, 2013 remain unchanged. P.ACEWORKS CLIENT-SIGNATURE STEVE NOACK, PRINCIPAL 1625 Shattuck Avenue, Suite 300 j Berkeley, California 94709 510.848.3815 PlaceWorks.COrTI 'LACEWORKS Table I Cost Estimate PiaceWorks Hexagon Senior Hours per Task Principal Associate Planner Graphics/WP Hexagon A. Revise Analysis 1 4 40 4 $ 20,000 Total Hours I 4 40 4 Billing Rate $190 $160. $85 $85 Labor Cost $190 $640 $3,400 $340 Total Firm Labor Cost � $4,570 .$20,000 EXPENSES Subconsultant Expenses(10%) 2,000 Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) 91 Total Expenses $2,091 $0 TOTAL $6,661 $20,000 GRAND TOTAL $26,661 1625 Shattuck Avenue, Suite 300 Berkeley,California 94709 510.848.3815 PlaceWorks.com FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS (FORMERLY THE PLANNING CENTER DC&E) FOR CONSULTANT SERVICES FOR THE GENERAL PLAN AMENDMENT/HOUSING ELEMENT PROJECTS This First Amendment to the Consultant Services Agreement between the City of Cupertino and Placeworks, Inc., for reference dated April 18, 2014, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Placeworks; a California corporation, whose address is 1625 Shattuck Avenue, Suite 300, Berkeley, California 94709, (hereinafter "Consultant"), and is made with reference to the following: RECITALS: A. On March 6, 2013, an agreement was entered into by and between City and The Planning Center DC&E (hereafter "Agreement"). In March 2014, the Planning Center DC&E changed its name to Placeworks, but without any other changes to the corporate structure, and Placeworks represents and warrants that it has the same rights and responsibilities as The Planning Center DC&E. B. City and Consultant desire to modify the Agreement to add additional tasks and compensation for the General Plan Amendment on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. The following Exhibits to the Agreement are amended and replaced to read as shown in the attachments to this Amendment: a. Exhibit "A" —Detailed Work Plan b. Exhibit "B" —Cost Proposal c. Exhibit "C" —Table 1: EIR Revised Cost Estimate d. Exhibit "D" —Table 2: EIR Revised Cost Estimate Delta 2. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect Page 1 of 2 Amendment#1-Placeworks Amendment#1-Consultant Services for General Plan Amendment/Housing Element IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Placeworks CITY OF CUPERTINO A California Corporation A Municipal;atio By r -� By Title`pi2.INCI-PA[, Aarti Shrivastava Date Director of Community Development Date RECO = ENDED FOR APPROVAL: ByVL-1 David Brandt, City Manager APM AS TO FORM: By Carol Korade, City Attorney ATTEST: By GWAII �1 J4 Grace Schmidt, City Clerk Attachments Exhibit "A" —Detailed Work Plan Exhibit "B" —Cost Proposal Exhibit "C"—Table 1: EIR Revised Cost Estimate Exhibit "D"—Table 2: EIR Revised Cost Estimate Delta EXPENDITURE DISTRIBUTION Acct # 110-7302-9328 (GPA) Contract Amount: $393,490.00 PO # 00057992 Acct #110-7302-9330 (Housing Element) Contract Amount: $45,192.00 PO # 00058273 ,1 Amendment #1 (add to PO #00057992) $79,601.00 Total Amount: $518,283.00 Page 2 of 2 Amendment#1-Placeworks Amendment#1-Consultant Services for General Plan Amendment/Housing Element wI�IAI rEk' p DETAILED WORK PLAN This chapter contains the following sections: ♦ Project Management Team ♦ Task Descriptions for the General Plan Amendment,Housing Element Update and Associated Rezoning EIR ♦ Deliverables ♦ Decision-Making Flowchart ♦ Schedule For ease of reference,this chapter also includes a summary of meetings to be held for the project. PROJECT MANAGEMENT TEAM For the City of Cupertino's General Plan Amendment, Housing Element Update and Associated Rezoning EIR, PlaceWorks will serve as the prime consultant and will oversee all aspects of the project to ensure its successful and timely completion.Steve Noack will serve as Principal-in-Charge and will oversee the consultant team.Terri McCracken will serve as Project Manager and will administer all day- to-day aspects of the project. TASK DESCRIPTIONS This section describes the work plan to be completed by PlaceWorks team for the General Plan Amendment, Rezoning,and Housing Element Update EIR. TAsKA. Project Initiation In this task,PlaceWorks team,working with City staff and MIG,will begin work and share ideas and concerns regarding the EIR process. This task will allow PlaceWorks team to review information needs,discuss expectations for the project process,and begin consultation with interested parties.This task will develop the basis for a focused work program, effective coordination, and a smooth work flow through the project. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR I.Detailed Work Plan ONO 1 CITY OF CUPERTINO L 1. KICK-OFF MEETING During this task,members of PlaceWorks team will work with City staff to adjust this scope of work.The review of the scope may result .in adjustments to the fee and schedule of the project as it is described in this proposal. PlaceWorks and Hexagon staff will attend a kick-off meeting with the City and to review the scope of work, available information, schedule,and work products.We will also discuss: ♦ Preliminary identification of key issues for the EIR. ♦ Protocols for clear communication between PlaceWorks,the City,and MIG. ♦ Concepts for the alternatives to be evaluated in the EIR. 2. HEXAGON WORK SCOPE REFINEMENT Hexagon will review all policy documents and previous transportation reports relevant to the proposed General Plan Update. These include, but are not limited to,the existing City of Cupertino General Plan,the Cupertino Housing Element and North Vallco Master Plan. Hexagon has prepared an Environmental Setting Report that includes an analysis of AM and PM peak-hour traffic conditions for 40 existing signalized intersections and two future intersections,and 33 roadway segments and 10 freeway segments. 3. PROJECT DESCRIPTION PlaceWorks will prepare a detailed project description for the EIR using graphics and textual information as appropriate.We will coordi- nate with MIG to clearly define the project,and we will work with the City to draft and refine the project objectives.The project descrip- tion will clearly describe how the City of Cupertino is amending its General Plan and updating the Housing Element to accommodate the Regional Housing Needs Allocation (RHNA)for the 2014-2022 planning period and meet its fair share housing obligations,includ- ing all necessary amendments to the City's Zoning Map. In addition the project description will describe the amendment to the City's Density Bonus Ordinance as outlined in Title 19 (Zoning),Chapter 19.56(Density Bonus) of the City's Municipal Code consistent with the current Housing Element Program 12 (Density Bonus Program).The project description will include the following 5 Project com- ponents: 1) Major Mixed-use corridors a. Homestead Corridor b. North Wolfe Corridor c. Heart of the City Corridor d. North De Anza Corridor e. South De Anza Corridor 2) City Gateways/Sub-Areas/Nodes a. Stelling Gateway b. Stevens Creek and 85 Gateway c. North Crossroads Sub Area d. City Center Node e. South Vallco Gateway West f. South Vallco Gateway East g. North Vallco Gateway h. North De Anza Gateway GENERAL PIAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed Work Plan 0m99 2 CITY OF CUPERTINO 3) Study Areas a. Cupertino Inn and Goodyear Tire b. City Center c. Pacific Gas and Electrical(PG&E) d. Mirapath e. Cupertino Village f. Vallco Shopping District g. Stevens Creek Office Center 4) Other Existing General Plan Special Areas a. Bubb Road o b. Monta Vista c. Oak Valley d. Fairgrove e. Other Neighborhoods f. Other Commercial Mixed-Use Centers g. Major Employers(not geographically specific) 5) Housing Element Sites within and outside of the Major Mixed-use Corridors We understand the City has identified sites that require rezoning due to erroneous designations.These are not specifically any of the sites identified within the 5 project components listed above, but rather are sites that need rezoning because they are currently out of conformance with the existing General Plan.These sites will be described in the Project Description and evaluated in the EIR. The Project Description will be submitted to the City in an electronic format. 4. NOTICE OF PREPARATION We will prepare all CEQA notices for the General Plan Amendment, Housing Element Update, and Associated Rezoning EIR. Place- Works will submit a Notice of Preparation of the Draft EIR and Notice of Completion form to the Governor's Office of Planning and Research. 5. PUBLIC SCOPING MEETING PlaceWorks Project Managers will attend one scoping meeting to gather input and comments from interested agencies, organization, City officials,and members of the public. The purpose of the scoping meeting is to allow members of the public to provide input on environmental issues they believe should be addressed in the EIR. To the degree the comments address new issues or a new alterna- tive that is not covered in this scope of work and the City wants the EIR to address the issue or add the alternative,a scope revision may be required. However, we believe this scope represents a comprehensive environmental analysis and we do not anticipate any such changes to the scope will be necessary. 6. ENVIRONMENTAL SETTING REPORTS PlaceWorks team has conducted a preliminary background data review and prepared Environmental Setting reports that will support preparation of the General Plan Amendment, Housing Element Update, and amendments to the Zoning Map, and the EIR.The fact GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REzONING EIR I.Detailed Work Plan ■UNN 3 CITY OF CUPERTINO that these reports will be utilized for all aspects of the proposed Project will ensure consistency between the documents and provide a coordinated approach between the EIR team and MIG.These reports include: • Air Quality • Hazards and Hazardous Materials • Land Use • Population and Housing • Schools and other Public Services • Traffic a. Data Collection and Documentation of Existing Traffic Conditions Hexagon has compiled data and information on the existing transportation system,including roadways,transit services,bicycle facilities, and pedestrian amenities.As noted above,Hexagon has prepared an Environmental Setting Report with a detailed description accom- panied with maps of the transit service provided in the area,as well.as gaps in existing bicycle and pedestrian facilities. Recent traffic counts were obtained from the City.Where locations of recent traffic counts were not available,new intersection counts were conduct- ed including vehicular,bicycle and pedestrian volumes for the AM and PM peak hour periods from 7:30 to 10:30 a.m.and from 4:00 to 7:00 p.m.A copy of these counts has been be submitted to the City. TASK B. Environmental Review Leveraging our local knowledge and integrating information from the General Plan Environmental Setting Reports prepared in Task A.5, above,we will: ♦ Assess existing environmental conditions; ♦ Write standards of significance for the evaluation of impacts,in coordination with City staff; ♦ Evaluate impacts that would result from buildout of the proposed project;and ♦ Develop measures necessary to mitigate or limit adverse impacts identified. There will be a program-level,quantitative assessment of how the proposed project affects the environment,to the extent of the land uses, densities, allocations, and heights that are authorized to be studied by the Council. The Housing Element sites and Study Areas will be studied at site-level for overall development envelope and traffic generated. The Major Mixed-use Corridors and Gateways/Sub-Areas/Nodes will be studied for development envelope and area-related traffic. The environmental analysis presented in the EIR will be prepared so that future development on the Housing Element sites and Study Area sites will be able to tier off of this EIR with the caveat that property owners in the project area will need to do supplemental environmental analy- sis once projects are fully defined. Supplemental analysis could be a Categorical Exemption, Negative Declaration, a Mitigated Negative Declaration or a Supplemental EIR depending on the impacts.The type of additional environmental review would be de- termined by the City,acting as the Lead Agency,on a project-by-project basis. The alternative land use scenarios may also include amendments to the City's Zoning Map,which will also be analyzed. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR I.Detailed Work Plan ONO 4 CITY OF CUPERTINO In keeping with the requirements of CEQA,it is anticipated that the following impact categories will be analyzed in the EIR: i. AESTHETICS/VISUAL RESOURCES PlaceWorks will assess potential aesthetic and light and glare impacts of implementation of the proposed project in accordance with the Appendix G significance criteria. 2. AIR QUALITY PlaceWorks will prepare an air quality and a community risk and hazards analysis for the City of Cupertino to support the proposed Project EIR.The technical analysis will be integrated within the EIR and modeling datasheets will be included as an appendix,The air quality and community risk and hazards impact analysis for the EIR will be based on the current methodology of the Bay Area Air Qual- ity Management District(BAAQMD). In accordance with the BAAQMD's CEQA Guidelines, a Program-Level analysis will be prepared and will include a qualitative analysis of criteria air pollutants generated from buildout of the proposed land use plan and an assess- ment of major stationary and mobile sources of toxic air contaminants (YACs) and fine inhalable particulate matter(PM2,5)within the city.However,an inventory of criteria air pollutants emissions will be provided for existing and general plan buildout. a. Criteria Air Pollutants The Air Quality section of the EIR will include the current air quality within the San Francisco Bay Area Air Basin (SFBAAB or Air Basin) in the vicinity of the city and a summary of regulations adopted for the purpose of reducing health-based impacts associated with poor air quality.Existing levels of criteria air pollutants available from the nearest air quality monitoring station will be incorporated. Buildout of the General Plan Amendment would generate emissions from an increase in trips and vehicle miles traveled (VMT)associated with land uses within the city.The Program-Level air quality analysis will include a consistency evaluation of the General Plan Amendment to the BAAQMD's land use and transportation control measures within the air quality management plan.The SFBAAB is in nonattain- ment for particulate matter and for ozone.The potential increase in VMT generated by an increase in development intensity in the City (provided by Hexagon)will be discussed in relation to the projected population and employment increase.The air quality impact anal- ysis will also describe land uses within the city 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. b. Community Risk and Hazards Under this,task, PlaceWorks staff will assess air quality compatibility based on guidance within BAAQMD's draft Community Risk Re- duction Plans for Toxic Air Contaminants(TAC) and Fine Particulate Matter(PM25):Community Development Guidelines.The com- munity risk and hazards evaluation would include a discussion of potential health risks from TAC and PM2,5 in the project vicinity based on BAAQMD's guidance.The BAAQMD does not require site-specific health risk assessments as part of the Plan-Level evaluation for the proposed Project.However,under this task existing stationary sources, major roadways(defined by BAAQMD as over 10,000 vehi- cles per day),and other sources of TAC will be mapped,including State Route 85 and Interstate 280.Based on a preliminary review of BAAQMD mapping tools, there appear to be over 50 stationary sources and more than 8 roadways with traffic counts exceeding 10,000 vehicles/day. Recommended measures specified in the BAAQMD's Guidelines for future sensitive land uses within the areas mapped would be considered.For land uses within areas mapped as having elevated risk,the EIR will detail performance standards for future development projects, including requirements to reduce risk from exposure to significant concentrations of PM,., and TACs. Recommendations to reduce risk associated with placement of new sensitive land uses associated with the General Plan Amendment GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR I.Detailed Work Plan MINIM' 5 CITY OF CUPERTINO adjacent to major sources of air pollution would 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 guidance. 3. BIOLOGICAL RESOURCES Environmental Collaborative will review existing information on resources occurring in the planning area vicinity and conduct a field reconnaissance survey and habitat suitability analysis for special-status species and potential jurisdictional wetlands. Available infor- mation on biotic resources in the vicinity will be reviewed, including environmental documentation for specific development applica- tions in the area;wetlands mapping prepared as part of the National Wetland Inventory;records on occurrences of special-status taxa and sensitive natural communities maintained by the California Natural Diversity Data Base; and information on sensitive or special- status taxa available from the City and County,the California Department of Fish and Game (CDFG), and the U.S. Fish and Wildlife Service(USFWS).A one-day field reconnaissance survey will be conducted,focusing on the project components identified under Task A.3 above areas,which should be sufficient to determine the potential for any sensitive resources and need for any supplemental de- tailed surveys. The biological resource section of the EIR will identify vegetation types,wildlife habitat,potential for special-status spe- cies,and any other important biotic features.Possible permitting implications and likely mitigation requirements will be outlined. 4. CULTURAL RESOURCES Tom Origer&Associates (TOA)will compile information regarding the prehistory and history of the City of Cupertino.Tom Origer& Associates will examine records at the Northwest Information Center of the California Historical Resources Information System and at the offices of TOA to prepare a description of the cultural setting.A request for information will be made to the Native American Herit- age Commission and to local tribes and individuals.TOA will also survey the areas in Task A.3 above approved by the City and prepare of a technical report identifying any cultural resources on those properties. TOA will.evaluate the potential of the proposed Project to impact prehistoric or historical cultural resources,including the potential for buried resources,and will identify mitigation measures for identified impacts. 5, GEOLOGY, SOILS, AND SEISMICITY PlaceWorks will analyze potential seismic hazards,geological and soil-related impacts.We will apply our rich experience in CEQA re- view to ensure all geology-and seismology impacts are addressed. 6. GREENHOUSE GAS EMISSIONS PlaceWorks will prepare a greenhouse gas(GHG)emissions analysis for the EIR.The technical analysis will be integrated within the EIR and modeling datasheets will be included as an appendix. The GHG impact analysis for the EIR will be based on the current BAAQMD methodology. Our scope of work is based on an under- standing that the project would allow increased development intensities throughout the project components identified under Task A.3 above within the city. The EIR will include a GHG emissions inventory for existing land uses within the areas in Task A.3 above and a GHG emissions invento- ry of proposed land uses within the areas in Task A.3 above at buildout of the project in order to estimate the net increase in GHG emissions attributable to the project.The GHG emissions inventory will be prepared using a BAAQMD-accepted model (e.g., CalEE- GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATEAND ASSOCIATED REZONING EIR I.Detailed Work Plan ■M® 6 CITY OF CUPERTINO Mod) and will include GHG emissions from transportation sources, area sources (landscaping fuel, architectural coatings, consumer products),energy sources (natural gas consumption, energy use),water and wastewater,and waste.The transportation sector will be tailored based on information provided by Hexagon Transportation Consultants. In addition,the EIR will include an evaluation of con- sistency of the project with applicable GHG reductions plans. PlaceWorks will assess the proposed Project in accordance with the BAAQMD's CEQA Guidelines.Under this task,a Plan-Level analysis will be prepared and include a quantitative analysis of community GHG emissions generated for the following scenarios: ♦ "Current"—defined by BAAQMD as a year between 2005 and 2008 ♦ Existing(CEQA Baseline) ♦ 2020(Assembly Bill 32 target year) ♦ 2040(General Plan Amendment horizon year) The community GHG emissions inventory will be prepared based on the current methodology of BAAQMD and ICLEI's recently adopt- ed Community Protocols (October 2012).The EIR will include GHG emissions generated by land uses within the City boundaries for the following sectors: ♦ Transportation e Energy ♦ Waste ♦ Water/Wastewater ♦ Industrial ♦ Other Sources(e.g.construction equipment,landscape equipment,etc.) Existing GHG emissions will be projected based on the anticipated growth in population, housing,and employment anticipated within the city and Sphere for the business-as-usual (BAU) inventory,assuming federal, State,and local GHG emissions reduction measures were not adopted. Adjustments to the forecast year inventories will be made based on regulations and programs that have been adopted by federal,state,and regional agencies to reduce GHG emissions. Pursuant to the GHG reduction targets of AB 32 and the BAAQMD's CEQA Guidelines,the GHG analysis will identify a GHG emissions reduction target that meets one of the following options that are based on AB 32's goals' (1) Reduce GHG emissions by 15 percent below baseline (2008 or earlier) emissions by 2020; or (2) Meet the plan efficiency threshold of 6.6 metric tons (MTons) of GHG emissions per service population per year. 7. HAZARDS AND HAZARDOUS MATERIALS PlaceWorks will address hazards and hazardous materials issues. PlaceWorks will describe known hazards on sites subject to the pro- posed roposed Project and in surrounding areas,develop mitigation measures as required to avoid significant environmental impacts. 'Although BAAQMD's CEQA Guidelines identify an additional target to reduce GHG emissions to 1990 levels by 2020,this target option is not proposed for the Cupertino General Plan Amendment due to the availability of data for the City. GENERALPLANAMENDMENT,HOUSINGELEMENTUPDATEANDASsOCIATEDREZONINGEIR i.Detailed Work Plan ■ m 7 CITY OF CUPERTINO . i I S. HYDROLOGY AND WATER QUALITY As part of the Project Team, BKF will provide a description of the storm drainage requirements for new development in the proposed Project areas including the requirements for volume of runoff and stormwater treatment.The information gathered will be document- ed in a Hydrology and Water Quality Technical Report that will be included as an appendix in the Draft EIR.PlaceWorks will evaluate potential impacts to water quality, 9. LAND USE AND PLANNING PlaceWorks will draw on our expertise in land use planning and policy analysis to conduct a thorough evaluation of potential land use impacts and policy consistency analysis. lo. NOISE PlaceWorks will prepare a noise analysis that will identify the impacts on sensitive land uses from the implementation of the proposed Project.The EIR will discuss relevant standards and criteria for noise exposure, including federal, State,and City ordinances, policies, and standards. PlaceWorks will review the existing noise element of the General Plan,rely on aerial photography,and on the results of ambient noise level measurements to document the existing noise conditions in the city. Ambient noise monitoring will include a combination of short-term and long-term noise measurements to be taken at up to 15 locations in Cupertino.These locations will be selected in coor- dination with City staff to identify and quantify the major roadway noise sources,including the 85 and 280 Freeways,primary City arte- rials, rail noise, and aircraft overflights. The focus will be the areas described in the project components identified under Task A.3 above. The analysis will review the areas described in the project components identified under Task A.3 above in the City for development opportunities and identify long-term noise impacts with implementation of the proposed Project. Long term noise impacts will include calculating noise contours along key roadway and railway segments to show the distance/contour relationship and the comparison of expected noise levels to State and City standards.Noise from vehicular traffic will be assessed using a version of the U.S.Federal High- way Administration (FHWA)Traffic Noise Model;these contours will rely on traffic forecasts provided in the traffic impact analysis for this project.Noise from railway activity will be assessed using U.S. Federal Transit Administration (FTA) methodologies.Noise impacts from non-transportation sources such as mechanical equipment,air conditioning units,and loading docks for the sites to be redevel- oped will be evaluated qualitatively in terms of potential impacts to nearby noise-sensitive receptors. Construction impacts for the sites to be redeveloped will be evaluated at a programmatic level. Future noise and vibration effects from construction activities will be discussed in terms of accepted standards from the U.S. Federal Transit Administration (FTA). Feasible mitigation measures will be identified to minimize future construction-related within the study area. Potential land use conflicts within the City will be identified based on the results of the noise monitoring and modeling results.The focus of the analyses will be the key sites identified for development opportunities.The results if this analysis will be summarized in the EIR noise section and calculations will be provided in an Appendix. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed Work Plan MIND S CITY OF CUPERTINO 11. POPULATION AND HOUSING PlaceWorks will summarize potential impacts related to population and housing that could result from buildout of the proposed Pro- ject. PlaceWorks will also consider the growth inducing potential of buildout, including indirect growth from increased employment opportunities. 12. SCHOOLS, OTHER PUBLIC SERVICES, AND RECREATION PlaceWorks will also assess impacts on other public services and recreation.We will describe existing parks and recreational facilities in Cupertino and evaluate potential impacts associated with buildout of the Project.We will contact service providers,including City pro- viders as well as the Santa Clara County Fire and Sheriff's Departments. With regards to the school districts,we understand the City is proactively identifying school facility needs in coordination with the Gen- eral Plan Amendment process to help inform the community benefits policy discussion.The City is in the process of contracting with School House Services for their services to assist with assessing the impacts to school facilities as a result of the proposed Project.The internal team (i.e. City, MIG, PlaceWorks and School House Services) will coordinate and hold team meetings/calls with the school districts to consolidate information requests and prevent confusion due to the complex nature of the project components identified under Task A.3 above.The City will finalize the contract with School House Services and coordinate team conference call with the in- ternal team,demographer and school districts. On the basis of responses from public service providers, PlaceWorks will analyze potential impacts resulting from the project,and rec- ommend mitigation measures as needed. 13. TRANSPORTATION AND TRAFFIC Hexagon will prepare traffic analysis documentation for use in the EIR that analyzes existing conditions,existing General Plan conditions (Year 2040)and three future land use/transportation alternatives.The report will include a description of the scope of work,methodol- ogies,transportation network(roadways,bike, pedestrian,transit), roadway traffic volumes, level of service analysis,and a description of any impacts and mitigations to the roadway,bicycle,pedestrian,and transit facilities. The AM and PM peak hour turn movements at all study intersections and roadway segments will be forecasted by the model. Future intersection turning movement volumes will be adjusted based on the(1)the existing traffic counts,(2)base year model volumes and (3)year 2040 model volumes.The trip distribution and roadway assignment will be reviewed and approved by the City prior to pro- ceeding with the traffic analysis. Hexagon will conduct existing AM and PM peak hour level of service(LOS)calculations for all study intersections using the 2000 High- way Capacity Manual methodology. Potential growth in traffic volumes on arterials and major collectors, along with their congestion effect on the street system within Cupertino,will be identified.The potential traffic impacts of each alternative will be evaluated follow- ing the standards and methodologies set forth by the City of Cupertino and the Santa Clara Valley Transportation Authority(VTA). The City of Cupertino level of service standards will be used to evaluate the signalized study intersections. Intersection levels of service will be evaluated using the TRAFFIX software.This methodology evaluates signalized intersection operations on the basis of average GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REzONING EIR I.Detailed Work Plan ONE 9 CITY OF CUPERTINO I control delay time for all vehicles at the intersection.TRAFFIX also is the CMP-designated intersection level of service methodology.The City of Cupertino level of service standard for signalized intersections is LOS D or better. Level of service impacts and improvements will be identified and described.These could include new roadways,widening of existing roadways,addition of turn lanes, and/or changes to bike/pedestrian/transit facilities. Hexagon will also calculate the net increase or decrease in vehicle miles traveled (VMT) between the existing General Plan and the proposed project, which will be used for the greenhouse gas emissions calculations in the EIR for the proposed project as well as the alternatives to the project. a. Santa Clara Valley Transportation Authority Stevens Creek Bus Rapid Transit(BRT)Project The Stevens Creek(BRT)Project would provide a rapid transit service for 8.5 miles from De Anza College to the Transit Mall in down- town San Jose using San Carlos Avenue and Stevens Creek Boulevard.The Stevens Creek BRT project would add a BRT service(BRT 523)in addition to the local (Line 23),which would provide fast,frequent service,with limited stops,and enhanced amenities for pas- sengers.According to the VTA,the Stevens Creek BRT project's planning phase will be complete by May 2016 and final design will be complete ty October 2017.Construction is anticipated to take place between October 2017 through October 2019,and the first day of service would be October 2019.The 2009 VTA BRT Strategic Plan estimated the cost for the Stevens Creek BRT project to be$145 million(2008 dollars),with$5.0 million secured thus far through the Measure A Transit Improvement Program? Because the Stevens Creek BRT project is not a City project,the VTA will be responsible for preparing the environmental review for the Stevens Creek BRT project. Hexagon will prepare a separate quantitative technical memorandum,which will include two alternative model runs with the Stevens Creek BRT that will allow the City to review the impacts of the Stevens Creek BRT project in relationship to the project components identified under Task A.3 above to the extent that Hexagon is provided information on the Stevens Creek BRT project from the VTA. The additional cost for this technical memo will be up to$72,000. b. Micro-simulation analysis of traffic operations on Wolfe Road between Homestead Road and Stevens Creek Boulevard Hexagon will prepare a micro-simulation analysis of traffic operations on Wolfe Road between Homestead Road and Stevens Creek Boulevard in Cupertino.Micro-simulation analysis will allow us to show a visual animation of the traffic operations on Wolfe Road. TRAFFIX analysis software is effective at analyzing intersection operations in isolation;however it does not accurately capture corridor level operations and the interaction between intersections.Due to the close proximity of intersections and the future projects anticipat- ed on this corridor,micro-simulation analysis will help to evaluate the movement of vehicular traffic along this corridor.This work scope includes analyzing the corridor and up to 8 intersections on Wolfe Road between Homestead Road and Stevens Creek Boule- vard within the City of Cupertino during the AM and PM peak commute hours. Hexagon will evaluate traffic conditions on Wolfe Road under the current General Plan conditions(baseline No-Project conditions)and up to three future alternative scenarios.The analysis scenario for buildout of the City's General Plan is Year 2040.The General Plan No Project scenario will be updated with future no project AM and PM peak hour turning movement volumes, lane geometries, intersec- t Santa Clara Valley Transportation Authority Stevens Creek Bus Rapid Transit(BRT)Project website,http://www.vta.org/stevens-creek-brt, retrieved February 21,2014. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR I.Detailed Wofk Plan ■MIG 10 CITY OF CUPERTINO tion spacing and signal timings.The General Plan No Project lane geometries,intersection spacing and signal timings will be consistent with roadway improvements developed for the Apple Campus EIR. Land use assumptions and associated traffic projections for the No Project and the three proposed General Plan alternatives will be obtained from the traffic operations analyses that Hexagon is conducting for the update of the Circulation Element of the General Plan, In addition to the General Plan conditions,Transportation system impacts associated with each of the three proposed alternatives will be evaluated. Level of service and operational impacts and improvements to support each of the future land use/transportation alternatives will be identified and described for the simulation intersections.These could include new roadways,widening of existing roadways,addition of turn lanes, and/or changes to bike/pedestrian/transit facilities.A detailed description of the necessary transportation system improve- ments in the corridor along with associated design and construction costs will be developed for the preferred alternative in consultation with the project team,lead by City staff.Results will be reported in terms of delays,travel times,and queue lengths.Any potential back- ups onto the 1-280 freeway mainline will be identified and mitigated through revised signal timing assumptions or other physical im- provements. The study will take 6 weeks to complete. Hexagon will demonstrate a draft simulation run to staff on May 61h,2014. Hexagon will per- form an early-on evaluation of the existing VISSIM files developed for the Apple campus EIR,to determine the feasibility in using these files for analysis of the General Plan alternatives. The additional cost for this analysis(using VISSIM)will be up to$30,000. 14. UTILITIES AND SERVICE SYSTEMS BKF will prepare an analysis of wastewater,water supply,and gas and electric service that will form the basis for the EIR assessment of these issues and will be included as an appendix in the Draft EIR. BKF will first research the available existing information for the utilities infrastructure systems in the proposed Project areas with the City.Based on available information, BKF will document the conditions and capacity of the existing storm drainage system in the areas in Task A.3 above.This scope assumes that the City will provide utility block maps for the areas and any utility master plans that are available and that City staff will highlight any known utility constraints. BKF will document the utility information provided and provide a written summary. Based on the available information,the Utilities Technical Report will document the conditions and capacity of the existing wastewater and water supply systems,as well as existing gas and electric infrastructure to address Appendix F(Energy) in the CEQA Guidelines,in the areas of the project components identified under Task A.3 above, BKF will analyze the increase demand under the proposed Pro- ject and any upgrades needed to accommodate new demand. BKF will work with the Cupertino Sanitary District to review demands and identify potential wastewater impacts and mitigation measures,and will work with the California Water Service and/or San Jose Water Service for water supply impacts, It is assumed that these Districts will provide any modeling necessary to document potential system impacts. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed Work Plan ■IUM II CITY OF CUPERTINO Based on the preferred alternative, BKF will prepare an estimate of the increase in utility demands for storm,sewer and water for re- view by the City.Based on the increase in utility demands,the City will provide potential system impacts that BKF will document in the final utility report. PlaceWorks will document existing solid waste services and facilities and existing stormwater information documented in the Hydrology and Water Quality Technical Report prepared by BKF in Task B.8. PlaceWorks will identify impacts and mitigation measures as needed for these services. 15. OTHER ENVIRONMENTAL ISSUES CEQA permits the exclusion of environmental issues for which it can be seen with certainty that the project would have no significant adverse impact. Based on our understanding of the proposed Project, it is anticipated that there would be no impact to Agricultural, Forestry,or Mineral Resources.Therefore,these issues would be addressed in summary fashion in the EIR. TASK C. EIR Alternatives Evaluation PlaceWorks team will complete an impact analysis of the CEQA-required "No Project" alternative and two reduced density/intensity alternatives for inclusion in the EIR.Where appropriate,the alternatives analysis will be a quantitative discussion equivalent to the anal- ysis described under Task B above and will identify the environmentally superior alternative. The cost for Air Quality and Greenhouse Gas modeling,analysis and technical appendix preparation will be up to$5,000 per alterna- tive,for a total cost of$15,000. The cost for Noise and Vibration modeling, analysis and technical appendix preparation will be up to$4,200 per alternative, for a total cost of$12,600. The cost for wastewater, water supply, and gas and electric service analysis will be up to$5,000 per alternative, for a total cost of $10,000. TASK D. Administrative Draft EIR PlaceWorks will prepare an Administrative Draft EIR(ADEIR)and submit to City staff for review and comment.The impact analysis will be comprehensive and cover all CEQA requirements. Significance criteria will be identified for each impact topic based upon thresh- olds of significance identified in Appendix G,Environmental Checklist Form,of the State CEQA Guidelines and identified in the scoping process. Impacts and mitigation measures will be organized and discussed by topic. For each identified environmental impact,a set of feasible mitigation measures will be recommended. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed Work Plan ■HIN 12 CITY OF CUPERTINO The ADEIR will cover the following topics: ♦ Executive Summary. PlaceWorks will create a summary in a form consistent with CEQA Guidelines,Section 15123.This summary will facilitate a quick understanding of environmental issues and the actions required to mitigate potential impacts.It will include a summary table of impacts,mitigation measures,and levels of significance before and after mitigation. e Project Description.The ADEIR will include the project description drafted for the project as part of Task A.l,Project Description. ♦ Setting, Impacts, and Mitigation Measures.The existing setting information, impact analyses, and mitigation measures devel- oped in Task B will be combined to create chapters describing environmental consequences for each CEQA-required topic. ♦ Alternatives Evaluation. The alternatives evaluation completed in Task C will be incorporated into the EIR.This chapter will in- clude a tabular comparison of the alternatives impacts. ♦ CEQA Required Assessment Conclusions. PlaceWorks will prepare assessment conclusions to meet CEQA Guidelines for the following mandatory findings: • Cumulative Impacts • Growth Inducement • Unavoidable Significant Effects • Significant Irreversible Changes • Impacts Found Not to be Significant ♦ Report Preparers.This chapter will identify the consultants and staff who prepared the EIR. PlaceWorks will submit ten (10)hard copies and one(1)electronic copy of the ADEIR to City staff.City staff will act as a clearinghouse for comments on the ADEIR,and will provide PlaceWorks with a single,internally reconciled set of comments.PlaceWorks will incorpo- rate City comments on the ADEIR and deliver a second ADEIR for review by City staff.This scope of work assumes that comments on the second ADEIR will be relatively minor and includes 24 hours for revisions.We will provide ten (10) hard copies and one(1) elec- tronic copy of the second ADEIR to City staff. City staff will provide a single,internally reconciled set of comments on the second ADEIR. PlaceWorks will incorporate City comments and deliver a Screencheck Draft EIR for review by City staff. We will submit ten (10) hard copies and one (1) electronic copy of the Screencheck Draft EIR to City staff. TASK E. Draft EIR and Public Review 1. DRAFT EIR PlaceWorks will incorporate one consolidated set of comments on the Screencheck Draft EIR from City staff to create the Draft EIR.We assume that revisions to the Screencheck Draft EIR will focus on formatting and editing,not content changes.We will prepare a total of twenty-five(25)hard copies and one(1)electronic copy of the Draft EIR. PlaceWorks will prepare the Notice of Completion and submit to the State Clearinghouse along with the requisite number of hard- copies of the Executive Summary and CDs. PlaceWorks will also prepare the Notice of Availability to be submitted to the County Clerk, GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed Work Plan ■010 13 CITY OF CUPERTINO We assume that the City will be responsible for mailing the Notice of Availability to interested parties and posting the Notice of Availa- bility in public locations. 2. PUBLIC HEARINGS PlaceWorks and Hexagon will attend an "open house"during the public review period to collect comments on the Draft EIR.We as- sume that City staff will schedule hearings and provide public notice. TASK F. Administrative Response to Comments and Final EIR Following the mandatory CEQA 45-day review period, PlaceWorks team will prepare an Administrative Draft Response to Comments document.We assume that City staff will forward all public comments received within one working day of the close of the public re- view period.PlaceWorks team has assumed 80 hours of staff labor. Following the City's review of the Administrative Response to Comments,we will incorporate the Administrative Response to Com- ments into the Administrative Final EIR document.This will include both the Response to Comments and additional analysis or revi- sions to the Draft EIR as necessary.The Administrative Final EIR as defined in the State CEQA Guidelines Section 15132 will include the following chapters: ♦ Introduction.This chapter discusses the use and organization of the Final EIR. ♦ Draft EIR Summary.This chapter is a summary of the findings of the Draft and the Final EIR. It will be reprinted from the Draft EIR with necessary changes made in the Final EIR. s Revisions to the Draft EIR. Additional corrections to the text and graphics of the Draft EIR are contained in this chapter. Underline text will represent language that has been added to the Draft EIR;text with stFikethPough will indicate text that will be deleted from the EIR.This does not include a reproduction of the Draft EIR in its entirety. ♦ List of Commenters. Names of organizations and individuals who commented on the Draft EIR are included in this chapter. ♦ Comments and Responses. This chapter contains reproductions of the letters received from agencies and the public on the Draft EIR.The chapter also contains responses keyed to the comments which precede them. We will prepare a total of ten(10)hard copies and one(1)electronic copy of the Administrative Final EIR. TASK G. Final EIR We will incorporate one consolidated set of City comments on the Administrative Final EIR to create the Final EIR.We will provide 25 hard copies and one electronic copy of the Final EIR. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR I.Detailed Work Plan ■W® 14 CITY OF CUPERTINO TASK H. Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program (MMRP) will be assembled by PlaceWorks team working in close collaboration with the City,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 MMRP will be submitted as a draft document to the City and revised for publication with the Final EIR.We will prepare a total of one(1)electronic copy,each of the draft and final MMRP. TASK 1. Adoption and Certification PlaceWorks will attend up to ten (10) meetings/workshops/hearings on the proposed Project and prepare up to four(4)staff reports as outlined below under the subheader Meetings.All staff reports will be submitted in electronic format only. PlaceWorks will also prepare the Notice of Determination to be submitted to the County Clerk. PlaceWorks understands the City Council may want to choose a hybrid of the 4 General Plan Land Use Alternatives,including the No Project alternative.If such a"hybrid selection approach"results from the City Council meeting, PlaceWorks would confirm the selection is within the analyses included in the Draft EIR.We would prepare a memo identifying if the selection is within the analyses included in the Draft EIR or what additional work would need to be done to ensure the selection has been adequately analyzed under CEQA.We anticipate this could be completed within one week. However, this will need to be determined once the City Council has identified their selection for approval. If the City Councils decision requires additional work and attendance at additional meetings, we will-re- quest a contract modification to cover additional labor costs. DELIVERABLES The following products will be submitted to the City of Cupertino in fulfillment of our proposed scope of work: ♦ Task A:Project Initiation • Project Description • Notice of Preparation • General Plan Amendment Existing Conditions Reports • General Plan Amendment Alternatives Assessment ♦ Task D:Administrative Draft EIR • Two(2)drafts of the Administrative Draft EIR(10 hard copies each) • Screencheck Draft EIR(10 hard copies-technical team only) ♦ Task E:Draft EIR and Public Review • Draft EIR(25 hard copies) • Notices of Completion and Availability ♦ Task F:Administrative Response to Comments and Final EIR • Administrative Final EIR(10 hard copies-technical team only) ♦ Task G:Final EIR GENERAL PIAN AMENDMENT,HOUSING ELEMENT UPDATE AND AssocIATEDREZONING EIR 1.Detailed Work Plan Milli 15 CITY OF CUPERTINO I • Final EIR(25 hard copies) ♦ Task H:Mitigation Monitoring and Reporting Program • Draft and Final Mitigation Monitoring and Reporting Program ♦ Task I:Adoption and Certification • Notice of Determination MEETINGS Steve Noack and Terri McCracken of PlaceWorks and Gary Black of Hexagon Transportation Consultants will attend the kick-off meeting with City staff. Steve Noack and/or Terri McCracken of PlaceWorks will attend up to ten (10) meetings/workshops/hearings related to the General Plan Amendment and Housing Element Update as outlined below.Steve Noack and/or Terri McCracken will also participate in up to 30 progress meetings.We assume that these meetings can be done by conference call and will last no more than an average of an hour and a half. Steve Noack and/or Terri McCracken of PlaceWorks will attend the following public meetings and hearings for the project: s EIR Scoping Meeting held on March 11,2014. ♦ Community Open House during 45-day DEIR review period tentatively scheduled for June 24,2014. ♦ Planning Commission Study Session on Final EIR tentatively scheduled for August 20,2014.This staff report will be prepared by PlaceWorks. ♦ Environmental Review Committee meeting for recommendation on the Final EIR tentatively scheduled for August 21, 2014. No staff report is required. ♦ City Council Study Session on Final EIR. PlaceWorks will prepare the Staff Report, which will be an update to the previously prepared Staff Report for the Planning Commission tentatively scheduled for August 20,2014. ♦ Planning Commission hearing for Final EIR certification recommendation EIR and GP&HE recommendation tentatively scheduled for September 3,2014. PlaceWorks will prepare the Staff Report. ♦ City Council Study Session on adoption and certification hearing of.Final EIR tentatively scheduled for September 23,2014. Place- Works will prepare the Staff Report. ♦ City Council hearing on GPA tentatively scheduled for October 7,2014. ♦ Planning Commission hearing on Housing Element Update tentatively scheduled for February 15,2015. ♦ City Council Hearing on Housing Element Update tentatively scheduled for March 17,2015. Hexagon will attend seven meetings: one open house meeting, one EIR scoping meeting, a joint Planning Commission/City Council Study Session, two Planning Commission meetings and two City Council meetings. Hexagon will also prepare graphics, slides, and tables required for the meetings.Attendance of additional meetings will require written authorization and additional budget. GENERAL PIAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 1.Detailed Work Plan ■®W 16 CITY OF CUPERTINO a. SCHEDULE We understand City's desire to have the EIR certified by August 2014. PlaceWorks'proposed schedule for completion of the EIR is de- pendent on all other aspects of the General Plan Amendment and Housing Element Update staying on schedule. Based on this condi- tion,we anticipate that the EIR can be completed by within a minimum 9-month time period beginning in February 2014,and ending in October 2014. PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the General Plan Amendment and Rezoning EIR,we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times: ♦ We maintain an up-to-date schedule throughout the project,to ensure that all team members are aware of upcoming meetings and product due dates. ♦ We stay in close,regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. ♦ We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR I.Detailed Work Plan num 11 CITY OF CUPERTINO CHAPTER 2: COST PROPOSAL As shown in Table 1,the estimated cost to complete the scope of work described in this proposal is$518,283 This cost is based on an as- sumption that the EIR will include an analysis of the General Plan Amendment, Housing Element Update and Associated Rezoning. As shown in Table 2,the revised cost reflects an increase of$150,625. This cost reflects the additional tasks identified below. Note that this cost does not include the cost to the City to purchase the VTA model,which would be$15,000,payable directly to VTA. The billing rates for each team member are included in the cost tables,which also show allocations of hours and personnel. our current overhead rate is 195 percent and the fee is 10 percent. PlaceWorks bills for its work on a time-and-materials(T&M)basis with monthly invoices. Additional meeting attendance would be billed on a T&M basis,and would typically cost$800/meeting). ADDITIONAL COSTS BRT Technical Memo Task B.13.a ♦ The additional cost for Hexagon to prepare a separate quantitative technical memorandum to review the impacts of the Stevens Creek BRT project in relationship to the project components identified under Task A.3 above will be up to$12,000. Micro-simulation analysis of traffic operations on Wolfe Road between Homestead Road and Stevens Creek Boulevard Task B.13.b ♦ The additional cost for Hexagon to prepare a micro-simulation analysis(using VISSIM)will be up to$30,000. ♦ If determined that the existing VISSIM files cannot be used for the analysis of the general plan conditions,the micro-simulation analysis will be done using Synchro/Simtraffic software. Hexagon will need to code the roadway network from scratch and calibrate it to the traffic conditions presented in the Apple Campus EIR with the build-out of the Apple campus in order to develop a baseline conditions network.This network will be used for analyzing the general plan no build and build out conditions. The additional cost for this analysis (using Synch ro/SimTraffic)will be up to$45,000. Alternatives Task C ♦ The cost for Air Quality and Greenhouse Gas modeling,analysis and technical appendix preparation will be up to$5,000 per alternative, for a total cost of$15,000. ♦ The cost for Noise and Vibration modeling,analysis and technical appendix preparation will be up to$4,200 per alternative,for a total cost of$12,600. ♦ The cost for wastewater, water supply, and gas and electric service analysis will be up to $5,000 per alternative, for a total cost of $10,000. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE,AND ASSOCIATED REZONING EIR 4,Cost Proposal ■W E 18 CITY OF CUPERTINO Preparation of Staff Reports ♦ The additional cost to prepare four(4)staff reports identified under the subheader Meetings above will be up to$7,680. Response to Comments on Draft EIR Under Task F. ♦ The additional cost to include an additional 20 hour of PlaceWorks'staff time to respond to comments on the Draft EIR will be$2,500. ASSUMPTIONS This scope of work and cost estimate assumes that: s All environmental analysis will be done at a programmatic level.To the degree that a quantitative analysis is possible,quantitative anal- ysis will be provided rather than qualitative. However,some analysis in the Draft EIR will be qualitative. For example,the evaluation of aesthetics or land use policy consistency is not always quantified;therefore,these types of analyses will be qualitative and not quantita- tive. ♦ Billing rates for this project are guaranteed through June 31,2014. Billing rates would be subject to an increase of up to 6 percent on July 1,2015,and in each subsequent year thereafter.A budget increase would be necessary to cover costs incurred after July 1,2015. ♦ Our cost estimate includes the meetings listed above. Additional meetings would be billed on a time-and-materials basis. Terri McCracken will attend all project meetings and Steve Noack will attend all hearings. Hexagon Transportation Consultants will attend the kick-off meeting for the project. ♦ No more than 80 hours of PlaceWorks'staff time will be required to respond to comments on the Draft EIR. ♦ All products will be submitted to City of Cupertino in electronic(PDF)format,except for printed copies that are specifically identified in Chapter 2.This is an allowance only,based on the numbers of products and copies shown in Chapter 2. If this allowance is exceeded, Additional printing costs will be billed at PlaceWorks'actual cost. ♦ City of Cupertino staff will be responsible for meeting logistics, including schedule coordination, printing notices, mailing costs, room reservations,room set-up and take-down,and refreshments. ♦ This scope of work includes a printing allowance of$1,200 for large format maps and other presentation materials for public meetings. If this allowance is exceeded,additional costs will be billed at PlaceWorks'actual cost. GENERAL PLAN AMENDMENT,HOUSING ELEMENT UPDATE AND ASSOCIATED REZONING EIR 4.Cost Proposal OWN 19 CITY OF CUPERTINO This page intentionally left blank. GENERAL PIAN AMENDMENT,HOUSING ELEMENT UPDATE,AND ASSOCIATED REZONING EIR 4.Cost Proposal ■mw 20 CITY OF CUPERTINO |) ! ) 2 m ® � • , ®;; 7 | ; ! | i . / - / ! , . ; � � , ,• � � .N ! | , . !! . a `^ ` ® ■ - ® �"` ` ! � ` nr@! - § — j | | ; � mow § ��(�� w o , t ! / � • . °!® f | | ® \ i ! # { � ! ! . ! 2 � !| TE § `� . , ( � 2 7 § ) / ! 19\ ; ! •ik;^ » ! ! | ! ! ! §#•af ! \\\ \\ - $\ OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223• FAX: (408)777-3366 WEBSITE: www.cupertino.org CUPERTINO March 28, 2013 The Planning Center/DC&E 1625 Shattuck Avenue, Suite 300 Berkeley, CA 94709 An original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Planning department at (408) 777- 3308. Sincerely, Qt Brittany Carey Senior Office Ass' ant City of Cupertino Enclosure cc: Planning AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE PLANNING CENTER/DC&E CONSULTANT SERVICES FOR ENVIRONMENTAL REVIEW T AGREEME r r N for reference dated March 6, 2013, is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and The Planning Center/DC&E, a California corporation, whose address is 1625 Shattuck Avenue, SuTe 300, Berkeley, California 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. City and Consultant desire to enter into an agreement for$393,490 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 March 6, 2013, and shall terminate on December 31, 2014 unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" and, if authorized, Exhibit"A-1," according to the project schedule set forth in Exhibit B, which exhibits are attached hereto and incorporated herein by this reference, in accordance with the terms and conditions set forth in this agreement. Consultant's Project Manager to represent consultant during the day-to-day work on the Project is Terri McCracken, Associate. Consultant's Project Manager shall have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the City. Consultant, at City's request, also agrees to promptly remove personnel who City finds do not perform the Services in an acceptable manner. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amounts set forth in Exhibits "C" and, if authorized, Exhibit"C-1" which are attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the 110-2211 fund. Consultant shall submit monthly invoices to the City in accordance with the provisions set forth in Exhibits "C" and"C-1." 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. 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. 6. 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. 6. 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. 7. 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 this provision shall constitute a material breach of this Agreement. AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE PLANNING CENTER/DC&E FOR CONSULTANT SERVICES FOR ENVIRONMENTAL REVIEW THIS AGREEMENT, for reference dated March 6, 2013, is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and The Planning Center/DC&E, a California corporation, whose address is 1625 Shattuck Avenue, Suite 300, Berkeley, California 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. City and Consultant desire to enter into an agreement for$393,490,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 March 6, 2013, and shall terminate on � 31, 201#unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" and, if authorized, Exhibit"A-1," according to the project schedule set forth in Exhibit B, which exhibits are attached hereto and incorporated herein by this reference, in accordance with the terms and conditions set forth in this agreement. Consultant's Project Manager to represent consultant during the day-to-day work on the Project is Terri McCracken, Associate. Consultant's Project Manager shall have supervisory responsibility for the performance, progress, and execution of the Services. If circumstances cause the substitution of the project director, project coordinator, or any other key personnel for any reason, the appointment of a substitute project director and the assignment of any key new or replacement personnel will be subject to the prior written approval of the City. Consultant, at City's request, also agrees to promptly remove personnel who Cih:y finds do not perform the Services in an acceptable manner. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amounts set forth in Exhibits "C" and, if authorized, Exhibit"C-1" which are attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the 110-2211 fund. Consultant shall submit monthly invoices to the City in accordance with the provisions set forth in Exhibits "C" and "C-1." 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. 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. 6. 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. 6. 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. 7. 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 this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS: 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, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related 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. 9. 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 9A, 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 Cupern:ino 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' Compens;ition: 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 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. 10. 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 Regulations. 11. 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, sublessee, 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. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. Consultant may change or add subcontractors only with the prior written approval of City. 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. 13. 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. 14. 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 addition, 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. 15. 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 performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All 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. 16. 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 Attention: Aarti Shrivastava, Director of Community Development 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, California 94709 Attention: David Early, AICP, LEED AP, Principal 17. 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 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 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. 18. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. 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. 20. 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. 21. 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. 22. 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. 23. 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. IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation The Planniniz Center/DC&E B � By HiQ Title 14� Tit e Director, CommunitDev Date Date s/Z X113 RECOMMENDED FOR APPROVAL: Bye _ Title Cily Manager APPROVED AS TO FORM: ' Cit Attorne Y Y ATTEST: City Clerkr; �l c�� CHAPTER 1 : DETAILED WORK PLAN As requested in the RFP,this chapter contains the following sections: ♦ Project Management Team ♦ Task Descriptions for the General Plan Amendment and Rezoning EIR ♦ Deliverables ♦ Decision-Making Flowchart ♦ Schedule For ease of reference,this chapter also includes a summary of meetings to be held for the project. PROSECT MANAGEMENT TEAM For the City of Cupertino's General Plan Amendment and Rezoning EIR, The Planning Cen- ter I DC&E will serve as the prime consultant and will oversee all aspects of the project to ensure its successful and timely completion. Steve Noack will serve as Principal-in-Charge and will over- see the consultant team. Joanna Jansen will serve as Project Manager and will administer all day- to-day aspects of the project. TASK DESCRIPTIONS This section describes the work plan to be completed by The Planning Center I DC&E team for the General Plan Amendment and Rezoning EIR. TASK A. Project Initiation In this task,The Planning Center I DC&E team,working with City staff and the General Plan con- sultant, will begin work and share ideas and concerns regarding the EIR process. This task will allow The Planning Center I DC&E team to review information needs, discuss expectations for the project process,and begin consultation with interested parties. This task will develop the basis for a focused work program,effective coordination,and a smooth work flow through the project. 1. KICK-OFF MEETING During this task, members of The Planning Center I DC&E team will work with City staff to adjust this scope of work. The review of the scope may result in adjustments to the fee and schedule of the project as it is described in this proposal. GENERAL PLAN AMENDMENT 6 REZONING EIR 2.Detailed Work Plan Now I QTY OF CUPERTINO I The Planning Center I De=&E and Hexagon staff will attend a kick-off meeting with the City and to review the scope of work, available information, schedule, and work products. We will also dis- cuss: ♦ Preliminary identification of key issues for the EIR. ♦ Protocols for clear communication between The Planning Center I DC&E, the City, and the General Plan consultant. ♦ Concepts for the alternatives to be evaluated in the EIR. 2. HEXAGON WORK SCOPE REFINEMENT Hexagon will review all policy documents and previous transportation reports relevant to the pro- posed General Plan Update. These include, but are not limited to, the existing City of Cupertino General Plan,the Cupe6no Housing Element and North Vallco Master Plan. Hexagon will coordi- nate with the City of Cupertino and the project team to (1) confirm the study intersections and roadway segments to be included in the traffic analysis of the General Plan amendment and (2) discuss any other pertinent background information or issues.This work scope includes analyzing up to 40 intersections ircluding 21 CMP intersections within the City of Cupertino during the AM and PM commute hours and up to 30 roadway,segments for analysis of average daily traffic condi- tions. I PROJECT DESCRIPTION The Planning Center I DC&E will prepare a detailed project description for the EIR using graphics and textual information as appropriate. We will coordinate with the General Plan consultant to clearly define the project,and we will work with the City to draft and refine the project objectives. 4. NOTICE OF PREPARATION As requested in the RFP, we will prepare all CEQA notices for the General Plan Amendment and Rezoning EIR. The Planning Center I DC&E will submit a Notice of Preparation of the Draft EIR to the Governor's Office of Planning and Research. 5. PUBLIC SCOPING MEETING The Planning Center I DC&E Project Manager-will attend one scoping meeting to gather input and comments from interested agencies,organization,City officials,and members of the public. 6. GENERAL PLAN AMENDMENT EXISTING CONDITIONS REPORTS The Planning Center I DC&E team will conduct background data review and coordinate with the General Plan Amendment consultant to prepare Existing Conditions reports that will support prep- aration of both the General Plan Amendment itself and the EIR. The fact that these reports will be utilized for both projects will ensure consistency between the documents and provide a coordinat- ed approach between the EIR team and General Plan consultant. These reports will be limited to: • Air Quality • Hazards and Hazardous Materials • Land Use • Population and Housing 2 EMIR 2.Detailed Work Plan GENERAL PLAN AMENDMENT i REZONING EIR CITY OF CUPERFINO • Schools and other Public Services • Traffic a. Data Collection and Documentation of Existing Traffic Conditions Hexagon will compile data and information on the existing transportation system, including road- ways, transit services, bicycle facilities, and pedestrian amenities. A detailed description accompa- nied with maps of the transit service provided in the area, as well as gaps in existing bicycle and pedestrian facilities will be documented. Recent traffic counts will be obtained from the City. For locations where recent traffic counts are not available, new intersection counts will be conducted including vehicular, bicycle and pedestrian volumes for the AM and PM peak hour periods from 7:30 to 10:30 a.m.and from 4:00 to 7:00 p.m.A copy of these counts will be submitted to the City. 7. GENERAL PLAN AMENDMENT ALTERNATIVES ASSESSMENT During the preparation of the General Plan Amendment, it is likely that the planning consultant will want to utilize the EIR team to assess the environmental and service impacts of several alterna- tive land use alternative scenarios. In this task,we would therefore qualitatively assess up to three General Plan Amendment alternatives in up to seven opportunity areas with regard to air quality, greenhouse gas emissions, noise, and impacts on schools parks and other community services. This analysis would be presented in a matrix format and-would be conducted before work on the EIR commences in earnest. This scope assumes that the Vallco Shopping Center area would be one of the seven opportunity sites analyzed in the EIR, but does not assume preparation or analysis of a Vallco Specific Plan.All seven sites,including the Vallco site,would be analyzed at the same level of detail. a. Analysis of Future Traffic Conditions Hexagon will evaluate traffic conditions under the existing General Plan conditions (base condi- tions) and up to three future alternative scenarios.The analysis scenario for buildout of the City's General Plan is Year 2020. Land use assumptions for the General Plan conditions will be obtained from the City's existing Land Use and Circulation Elements of the General Plan and input from City Staff.The General Plan land uses will be entered into VTA's 2020 Land Use data file. Hexagon will use VTA Travel Demand Model (TFM), incorporate the General Plan land use data and develop the General Plan model forecasts. In addition to the General Plan conditions,Hexagon will use the TFM model and analyze up to three future land use or transportation alternatives.The alternatives could include land use changes, alternative roadway improvements, policy changes to influence model split or emphasize alternative transportation modes. The future land use/transportation alternatives will be developed in coordination with The Planning Center I DICK and City staff based on their review of the base conditions and the capacity of the transportation system. The land uses for the alternatives will be distributed to about seven opportunity sites. Transportation system impacts associated with each of the three proposed alternatives will be evaluated.The three future alternatives will be evaluated in terms of: • the effect on travel time • level of service at study intersections and roadway segments, • the potential for cut-through traffic, • difficulty of implementation and costs of required mitigation, GENERAL PLANAMENDMENT&REZONINGEIR 2.Detailed Work Plan 008 3 CITY OF CUPERTINO I • need for right-of-way acquisition,and • likelihood of community acceptance. Evaluation of the less "and use intensive" alternatives may be limited to analyzing only those intersections and roadway segments that are projected to operate at LOS D or worse. Level of service impacts and improvements to support each of the future land use/transportation alterna- tives will be identified and described. These could include new roadways, widening of existing roadways, addition of turn lanes, and/or changes to bike/pedestrian/transit facilities. Hexagon will also calculate the net increase or decrease in Vehicle Miles Traveled (VMT) between the existing General Plan and each of the future land use/transportation alternatives,which will be used for the greenhouse gas emissions calculations in the EIR. Once the preferred alternative is selected as part of the General Plan Amendment process, Hexa- gon will develop a detailed description of the necessary transportation system improvements, along with associated design and construction costs, for the preferred alternative in consultation with the project team,led by City staff. b. Trip Generation Trip generation estimatE's of the land use alternatives will be determined using the 9th Edition of the ITE Trip Generatior Manual. For land use types that are not available in the ITE Manual, SANDAG (San Diego Association of Governments)trip generation rates will be used.Any trip re- duction percentages assumed will be reviewed and approved by the City prior to proceeding fur- ther with the traffic analysis. TASK B. Environmental Review Leveraging our local knowledge and integrating information from the General Plan Existing Condi- tions Reports prepared iq Task A.5,above,we will: ♦ Assess existing environmental conditions; ♦ Write standards of significance for the evaluation of impacts,in coordination with City staff; ♦ Evaluate impacts that would result from buildout of the proposed project;and ♦ Develop measures necessary to mitigate or limit adverse impacts identified. In keeping with the requirements of CEQA,it is anticipated that the following impact categories will be analyzed in the EIR: 1. AESTHETICS/VISUAL RESOURCES The General Plan Amendment and re-zonings would permit higher building heights in the South Vallco area and on additional sites,and will identify development opportunities on key opportunity sites. As such,the project has the potential to alter the visual character of the sites throughout the city and affect the character of surrounding areas. The Planning Center I DC&E will apply our in- house urban design expertise to perform a rigorous visual assessment of the proposed project. 2. AIR QUALITY The Planning Center I DC&E will prepare an air quality and a community risk and hazards analysis for the City of Cupertino to support the General Plan Amendment and EIR. The technical analysis 4 ■■■ 2.Detailed Work Plan GENERAL PIAN AMENDMENT B REZONING EIR CITY OF CUPERTINO will be integrated within the EIR and modeling datasheets will be included as an appendix. The air quality and community risk and hazards impact analysis for the EIR will be based on the current methodology of the Bay Area Air Quality Management District(BAAQMD). In accordance with the BAAQMD's CEQA Guidelines, a Plan-Level analysis will be prepared and will include a qualitative analysis of criteria air pollutants generated from buildout of the proposed land use plan and an assessment of major stationary and mobile sources of toxic air contaminants (YACs) and fine in- halable particulate matter(PM2.5)within the city. a. Criteria Air Pollutants The Air Quality section of the EIR will include the current air quality within the San Francisco Bay Area Air Basin (SFBAAB or Air Basin) in the vicinity of the city and a summary of regulations adopted for the purpose of reducing health-based impacts associated with poor air quality. Exist- ing levels of criteria air pollutants available from the nearest air quality monitoring station will be incorporated. Buildout of the General Plan Amendment would generate emissions from an in- crease in trips and vehicle miles traveled (VMT) associated with land uses within the city. The Program-Level air quality analysis will include a consistency evaluation of the General Plan Amendment to the BAAQMD's land use and transportation control measures within the air quality management plan. The SFBAAB is in nonattainment for particulate matter and for ozone. The potential increase in VMT generated by an increase in development intensity in the City(provided by Hexagon)will be discussed in relation to the projected population and employment increase. The air quality impact analysis will also describe land uses within the city 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. b. Community Risk and Hazards Under this, task,The Planning Center I DC&E staff will assess air quality compatibility based on guidance within BAAQMD's draft Community Risk Reduction Plans for Toxic Air Contaminants (TAC)and Fine Particulate Matter(PMZ.d:Community Development Guidelines. The community risk and hazards evaluation would include a discussion of potential health risks from TAC and PM2.5 in the project vicinity based on BAAQMD's guidance. BAAQMD does not require site-specific health risk assessments as part of the Plan-Level evaluation for the General Plan Amendment. However,under this task existing stationary sources,major roadways(defined by BAAQMD as over 10,000 vehicles per day),and other sources of TAC will be mapped, including State Route 85 and Interstate 280. Based on a preliminary review of BAAQMD mapping tools,there appear to be over 50 stationary sources and more than 8 roadways with traffic counts exceeding 10,000 vehicles/day. Recommended measures specified in the BAAQMD's Guidelines for future sensitive land uses within the areas mapped would be considered. For land uses within areas mapped as having elevated risk,the EIR will detail performance standards for future development projects, including requirements to reduce risk from exposure to significant concentrations of PM2.5 and TACs. Rec- ommendations to reduce risk associated with placement of new sensitive land uses associated with the General Plan Amendment adjacent to major sources of air pollution would be based on the recommended buffer distances based on BAAQMD screening tools, California Air Resources Board(CARE)guidance,and the California Air Pollution Control Officer's Association guidance. GENERAL PIAN AMENDMENT d REZONING EIR 2.Detailed Work Plan ■■10 5 QTY OF CUPERTINO 3. BIOLOGICAL RESOURCES Environmental Collaborative will review existing information on resources occurring in the plan- ning area vicinity and conduct a field reconnaissance survey and habitat suitability analysis for special-status species and potential jurisdictional wetlands. Available information on biotic re- sources in the vicinity will be reviewed, including environmental documentation for specific devel- opment applications in the area; wetlands mapping prepared as part of the National Wetland Inventory; records on occurrences of special-status taxa and sensitive natural communities main- tained by the California Natural Diversity Data Base;and information on sensitive or special-status taxa available from the City and County,the California Department of Fish and Game(CDFG),and the U.S. Fish and Wildlife Service (USFWS). A one-day field reconnaissance surrey will be con- ducted,focusing on the General Plan Amendment areas,which should be sufficient to determine the potential for any sensitive resources and need for any supplemental detailed surveys. The biological resource secticn of the EIR will identify vegetation types, wildlife habitat, potential for special-status species, and any other important biotic features. Possible permitting implications and likely mitigation requirements will be outlined. 4. CULTURAL RESOURCES Tom Origer &Associates (TOA) will compile information regarding the prehistory and history of the City of Cupertino. TOA will examine records at the Northwest Information Center of the Cali- fornia Historical Resources Information System and at the offices of TOA to prepare a description of the cultural setting. A request for information will be made to the Native American Heritage Commission and to local tribes and individuals. TOA will also survey up to six(6) potential devel- opment sites and prepare of a technical report identifying any cultural resources on those proper- ties. TOA will evaluate the potential of the General Plan Amendment to impact prehistoric or historical cultural resources, including the potential for buried resources, and will identify mitigation measures for identified irrpacts. 5. GEOLOGY, SOILS, AND SEISMICITY The Planning Center I DC&E will analyze potential geological and soil-related impacts. We will apply our rich experience in CEQA review to ensure all geotechnical impacts are addressed. 6. GREENHOUSE GAS EMISSIONS The Planning Center I DC&E will prepare a greenhouse gas (GHG) emissions analysis for the EIR. The technical analysis will be integrated within the EIR and modeling datasheets will be included as an appendix. The GHG impact analysis for the EIR will be based on the current BAAQMD methodology. Our scope of work is based on an understanding that the project would allow increased development intensities on a collection of opportunity sites within the city. The EIR will include a GHG emissions inventory for existing land uses within the individual oppor- tunity sites and a GHG emissions inventory of proposed land uses within the opportunity sites at buildout of the project in order to estimate the net increase in GHG emissions attributable to the project. The GHG emissions inventory will be prepared using a BAAQMD-accepted model (e.g., 6 ■111111K 2.Detailed Work Plan GENERAL PIAN AMENDMENT 6 REzONING EIR CITY of CUPERTINo CalEEMod) and will include GHG emissions from transportation sources, area sources (landscap- ing fuel, architectural coatings, consumer products), energy sources (natural gas consumption, energy use),water and wastewater,and waste. The transportation sector will be tailored based on information provided by Hexagon Transportation Consultants. In addition, the EIR will include a qualitative evaluation of consistency of the project with applicable GHG reductions plans. The Planning Center I DC&E will_assess the project as a General Plan Update in accordance with the BAAQMD's CEQA Guidelines. Under this task, a Plan-Level analysis will be prepared and in- clude a quantitative analysis of community GHG emissions generated for the following scenarios: ♦ "Current"—defined by BAAQMD as a year between 2005 and 2008 ♦ Existing(CEQA Baseline) ♦ 2020(Assembly Bill 32 target year) ♦ 2035(General Plan Update horizon year) The community GHG emissions inventory will be prepared based on the current methodology of BAAQMD and ICLEI's recently adopted Community Protocols(October 2012). The EIR will include GHG emissions generated by land uses within the City boundaries for the following sectors: ♦ Transportation ♦ Energy ♦ Waste ♦ Water/Wastewater ♦ Industrial ♦ Other Sources(e.g.construction equipment,landscape equipment,etc.) Existing GHG emissions will be projected based on the anticipated growth in population, housing, and employment anticipated within the city and Sphere for the business-as-usual (BAU) inventory, assuming federal, State,and local GHG emissions reduction measures were not adopted. Adjust- ments to the forecast year inventories will be made based on regulations and programs that have been adopted by federal,state,and regional agencies to reduce GHG emissions. Pursuant to the GHG reduction targets of AB 32 and the BAAQMD's CEQA Guidelines, the GHG analysis will identify a GHG emissions reduction target that meets one of the following options that are based on AB 32's goals' (1) Reduce GHG emissions by 15 percent below baseline (2008 or earlier)emissions by 2020;or(2)Meet the plan efficiency threshold of 6.6 metric tons(MTons)of GHG emissions per service population per year. 7. HAZARDS AND HAZARDOUS MATERIALS The Planning Center I DC&E will address hazards and hazardous materials issues. The Planning Center I DC&E will describe known hazards on sites subject to the General Plan Amendment and re-zonings and in surrounding areas, developing mitigation measures as required to avoid signifi- cant environmental impacts. 'Although BAAQMD's CEQA Guidelines identify an additional target to reduce GHG emissions to 1990 levels by 2020,this target option is not proposed for the Cupertino General Plan Update due to the availability of data for the City. GENERAL PLAN AMENDMENT a REZONING EIR 2.Detailed Work Plan NEIR 7 QTY OF CUPERTINO 8. HYDROLOGY AND WATER QUALITY BKF will provide a description of the storm drainage requirements for new development in the General Plan Amendment areas including the requirements for volume of runoff and stormwater treatment. The information gathered will be documented in a Hydrology and Water Quality Tech- nical Report that will be included as an appendix in the Draft EIR. The Planning Center I DC&E will evaluate potential impacts to water quality. 9. LAND USE AND PLANNING The Planning Center I DC&E will draw on our expertise in land use planning and policy analysis to conduct a thorough evaluation of potential land use impacts and policy consistency analysis. io. NOISE The Planning Center I DC&E will prepare a noise analysis that will identify the impacts on sensitive land uses from the implementation of the project. The EIR will discuss relevant standards and criteria for noise exposure, including federal,State,and City ordinances,policies,and standards. The Planning Center I DC&E will review the existing noise element of the General Plan, rely on aerial photography, and on the results of ambient noise level measurements to document the existing noise conditions in the city. Ambient noise monitoring will include a combination of short-term and long-tern noise measurements to betaken at up to 15 locations in Cupertino. These locations will be selected in coordination with City staff to identify and quantify the major roadway noise sources, including the 85 and 280 Freeways, primary City arterials, rail noise, and aircraft overflights. The focus will be the key sites identified for development opportunities and related General Plan and zoning amendments,including the Vallco Shopping District. The analysis will review the key sites in the City for development opportunities and identify long- term noise impacts with implementation of the project. Long term noise impacts will include calculating noise contours along key roadway and railway segments to show the distance/contour relationship and the comparison of expected noise levels to State and City standards. Noise from vehicular traffic will be assessed using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Model; these contours will rely on traffic forecasts provided in the traffic impact analysis for this project. Noise from railway activity will be assessed using U.S. Federal Transit Administration (FTA) methodologies. Noise impacts from non-transportation sources such as mechanical equipment,air conditioning units,and loading docks for the sites to be redeveloped will be evaluated qualitatively in terms of potential impacts to nearby noise-sensitive receptors. Construction impacts for the sites to be redeveloped will be evaluated at a programmatic level. Future noise and vibration effects from construction activities will be discussed in terms of accept- ed standards from the U.S. Federal Transit Administration(FTA). Feasible mitigation measures will be identified to minimize future construction-related within the study area. Potential land use conflicts within the City will be identified based on the results of the noise moni- toring and modeling results. The focus of the analyses will be the key sites identified for develop- ment opportunities. The results if this analysis will be summarized in the EIR noise section and calculations will be provided in an Appendix. 8 MEN 2.Detailed Work Plan GENERAL PLAN AMENDMENT 6 REZONING EIR QTY OF CUPERTINO 11. POPULATION AND HOUSING The Planning Center I DC&E will summarize potential impacts related to population and housing that could result from buildout of the project. Because the majority of land uses under the project will be non-residential, it is not expected that the project will result in significant population and housing impacts. The Planning Center I DC&E will also consider the growth inducing potential of buildout,including indirect growth from increased employment opportunities. 12. SCHOOLS, OTHER PUBLIC SERVICES, AND RECREATION The Planning Center I DC&E will also assess impacts on other public services and recreation. We will describe existing parks and recreational facilities in Cupertino and evaluate potential impacts associated with buildout of the project. We will contact service providers, including City providers and school districts as well as the Santa Clara County Fire and Sheriff's Departments. On the basis of responses from public service providers, The Planning Center I DC&E will analyze potential impacts resulting from the project,and recommend mitigation measures as needed. 13. TRANSPORTATION AND TRAFFIC Hexagon will prepare traffic analysis documentation for use in the General Plan Amendment EIR that analyzes existing conditions, existing General Plan conditions (Year 2020) and three future land use/transportation alternatives. The report will include a description of the scope of work, methodologies, transportation network (roadways, bike, pedestrian, transit), roadway traffic vol- umes, level of service analysis, and a description of any impacts and mitigations to the roadway, bicycle,pedestrian,and transit facilities. AM and PM peak hour turn movements at all study intersections and roadway segments will be forecasted by the model. Future intersection turning movement volumes will be adjusted based on the(1)the existing traffic counts, (2) base year model volumes and (3)year 2020 model vol- umes. The trip distribution and roadway assignment will be reviewed and approved by the City prior to proceeding with the traffic analysis. Hexagon will conduct existing AM and PM peak hour level of service (LOS) calculations for all study intersections using the 2000 Highway Capacity Manual methodology. Potential growth in traffic volumes on arterials and major collectors, along with their congestion effect on the street system within Cupertino,will be identified. The potential traffic impacts of each alternative will be evaluated following the standards and methodologies set forth by the City of Cupertino and the Santa Clara Valley Transportation Authority(VTA). The City of Cupertino level of service standards will be used to evaluate the signalized study inter- sections. Intersection levels of service will be evaluated using the TRAFFIX software.This method- ology evaluates signalized intersection operations on the basis of average control delay time for all vehicles at the intersection.TRAFFIX also is the CMP-designated intersection level of service meth- odology. The City of Cupertino level of service standard for signalized intersections is LOS D or better. Level of service impacts and improvements will be identified and described. These could include new roadways, widening of existing roadways, addition of turn lanes, and/or changes to bike/pedestrian/transit facilities. Hexagon will also calculate the net increase or decrease in vehicle GENERAL PIAN AMENDMENT B REZONING EIR 2.Detailed Work Plan ■e■ 9 QTY OF CUPERTINO miles traveled (VMT)betneen the existing General Plan and the General Plan Amendment,which will be used for the greenhouse gas emissions calculations in the EIR. 14. UTILITIES AND SERVICE SYSTEMS BKF will prepare an analysis of wastewater,water supply,and gas and electric service that will form the basis for the EIR assessment of these issues and will be included as an appendix in the Draft EIR. BKF will first research the available existing information for the drainage systems in the General Plan Amendment areas with the City. Based on available information, BKF will document the size, conditions, and capacity of the existing storm drainage system in the areas. This scope assumes that the City will provide utility block maps for the areas and any utility master plans that are avail- able and that City staff Will highlight any known utility constraints. BKF will document the utility information provided and provide a written summary. Based on the available information, the Utilities Technical Report will document the size, condi- tions,and capacity of the-existing wastewater and water supply systems,as well as existing gas and electric infrastructure, in the General Plan Amendment areas. BKF will analyze demand under the General Plan Amendment and any upgrades needed to accommodate new demand. BKF will work with the Cupertino Sanitary District to review demands and identify potential wastewater impacts and mitigation measures,and will work with the California Water Service and/or San Jose Water Service for water�.upply impacts.It is assumed that these Districts will provide any modeling necessary to document potential system impacts. Based on the preferred alternative, BKF will prepare an estimate of the increase in utility demands for storm, sewer and water for review by the City. Based on the increase in utility demands,the City will provide potential system impacts that BKF will document in the final utility report. The Planning Center I DC&E will document existing solid waste services and facilities and existing stormwater information documented in the Hydrology and Water Quality Technical Report pre- pared by BKF in Task B.8. The Planning Center I DC&E will identify impacts and mitigation measures as needed for these services. 15. OTHER ENVIRONMENTAL ISSUES CEQA permits the excicsion of environmental issues for which it can be seen with certainty that the project would have no significant adverse impact. Based on our review of the RFP, it is antici- pated that there would be no impact to Agricultural, Forestry, or Mineral Resources. Therefore, these issues would be addressed in summary fashion in the EIR. TASK C. EIRAltemaFives Evaluation Building from the discission of alternatives at the kick-off meeting, The Planning Center I DC&E will develop a list of up to four draft alternatives, including the CEQA-required No Project Alterna- tive. We will work with City staff to finalize the list of alternatives. The Planning Center I DC&E team will complete an impact analysis of each alternative for inclusion in the EIR. The alternatives analysis will be a qualitative discussion and will identify the environmentally superior alternative. 10 ■E® 2.Detailed Work Plan GENERAL PIAN AMENDMENT 6 REZONING EIR CITY OF CUPERTINO The alternatives will be designed to avoid potentially significant impacts identified in Task B, and could include reduced building heights or densities, revised land use scenarios for opportunity sites,or transportation alternatives(alternative roadway improvements,policy changes to influence modal split,or alternative transportation modes). TASK D. Administrative Draft EIR The Planning Center I DC&E will prepare an Administrative Draft EIR (ADEIR) and submit to City staff for review and comment. The impact analysis will be comprehensive and cover all CEQA requirements. Significance criteria will be identified for each impact topic based upon thresholds of significance identified in Appendix G, Environmental Checklist Form, of the State CEQA Guide- lines and identified in the scoping process. Impacts and mitigation measures will be organized and discussed by topic. For each identified environmental impact,a set of feasible mitigation measures will be recommended. The ADEIR will cover the following topics.- * opics:♦ Executive Summary. The Planning Center I DC&E will create a summary in a form con- sistent with CEQA Guidelines, Section 15123. This summary will facilitate a quick under- standing of environmental issues and the actions required to mitigate potential impacts. It will include a summary table of impacts, mitigation measures, and levels of significance be- fore and after mitigation. ♦ Project Description. The ADEIR will include the project description drafted for the project as part of Task A.1,Project Description. ♦ Setting, Impacts, and Mitigation Measures. The existing setting information, impact anal- yses,and mitigation measures developed in Task B will be combined to create chapters de- scribing environmental consequences for each CEQA-required topic. ♦ Alternatives Evaluation. The alternatives evaluation completed in Task C will be incorpo- rated into the EIR. This chapter will include a tabular comparison of the alternatives impacts. ♦ CEQA Required Assessment Conclusions. The Planning Center I DC&E will prepare as- sessment conclusions to meet CEQA Guidelines for the following mandatory findings: • Cumulative Impacts • Growth Inducement • Unavoidable Significant Effects • Significant Irreversible Changes • Impacts Found Not to be Significant ♦ Report Preparers. This chapter will identify the consultants and staff who prepared the'EIR. The Planning Center I DC&E will submit ten (10) hard copies and one (1) electronic copy of the ADEIR to City staff. City staff will act as a clearinghouse for comments on the ADEIR,and will pro- vide The Planning Center I DC&E with a single, internally reconciled set of comments. The Plan- ning Center I DC&E will incorporate City comments on the ADEIR and deliver a second ADEIR for GENERAL PIAN AMENDMENT a REZONING EIR 2.Detailed Work Plan ■■N 11 CITY OF CUPERTINO I review by City staff. This scope of work assumes that comments on the second ADEIR will be relatively minor and includes 24 hours for revisions. We will provide ten(10)hard copies and one (1)electronic copy of the second ADEIR to City staff. City staff will provide a single, internally reconciled set of comments on the second ADEIR. The Planning Center I DC&E will incorporate City comments and deliver a Screencheck Draft EIR for review by City staff. We will submit ten (10) hard copies and one (1) electronic copy of the Screencheck Draft EIR to City staff. TASK E. Draft EIR and Public Review t. DRAFT EIR The Planning Center I DC&E will incorporate one consolidated set of comments on the Screencheck Draft EIR from City staff to create the Draft EIR. We assume that revisions to the Screencheck Draft EIR will focus on formatting and editing, not content changes. We will prepare a total of ten(10)hard copies and one(1)electronic copy of the Draft EIR. The Planning Center I D(--&E will prepare the Notice of Completion and submit to the State Clear- inghouse along with the requisite number of hardcopies and CDs. The Planning Center I DC&E will also prepare the Notice of Availability to be submitted to the County Clerk. We assume that the City will be responsible for mailing the Notice of Availability to interested parties and posting the Notice of Availability in public locations. 2. PUBLIC HEARINGS The Planning Center I DC&E and Hexagon will attend up to two public hearings on the Draft EIR with the Planning Commission. We assume that City staff will schedule hearings, provide public notice,and prepare staff reports. The Planning Center I DC&E will consult with City staff to ensure that noticing for public hearings is consistent with CEQA requirements. TASK F. Administrative Response to Comments and Final EIR Following the mandatory CEQA 45-day review period,The Planning Center I DC&E team will pre- pare an Administrative Response to Comments. We assume that City staff will forward all public comments received within one working day of the close of the public review period. The Planning Center I DC&E team has assumed 60 hours of staff labor. If additional time is needed due to an unforeseen volume of comments,we will request a contract modification to cover additional labor costs. We will incorporate the Administrative Response to Comments into the Administrative Final EIR document. This will include both the Response to Comments and additional analysis or revisions to the Draft EIR as necessary. We will prepare a total of ten(10)hard copies and one(1)electron- ic copy of the Administrative Final EIR. 12 ■O■ 2.Detailed Work Plan GENERAL PIAN AMENDMENT 6 REZONING EIR CITY OF CUPERTINO TASK G. Final EIR We will incorporate one consolidated set of City comments on the Administrative Final EIR to cre- ate the Final EIR. We will provide ten hard copies and one electronic copy of the Final EIR. TASK H. Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program (MMRP)will be assembled by The Planning Cen- ter I DC&E team working in close collaboration with the City,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 MMRP will be submitted as a draft document to the City and revised for publication with the Final EIR. We will prepare a total of ten (10) hard copies and one (1) electronic copy each of the draft and final MMRP. TASK I. Adoption and Certification The Planning Center I DC&E will attend two certification hearings on the Final EIR. We will also prepare the Notice of Determination to be submitted to the County Clerk. DELIVERABLES The following products will be submitted to the City of Cupertino in fulfillment of our proposed scope of work: ♦ Task A:Project Initiation • Project Description • Notice of Preparation • General Plan Amendment Existing Conditions Reports • General Plan Amendment Alternatives Assessment(optional) ♦ Task D:Administrative Draft EIR • Two(2)drafts of the Administrative Draft EIR(10 hard copies each) • Screencheck Draft EIR(10 hard copies) ♦ Task E:Draft EIR and Public Review • Draft EIR(10 hard copies) • Notices of Completion and Availability ♦ Task F:Administrative Response to Comments and Final EIR • Administrative Final EIR(10 hard copies) ♦ Task G:Final EIR • Final EIR(10 hard copies) ♦ Task H:Mitigation Monitoring and Reporting Program • Draft and Final Mitigation Monitoring and Reporting Program (10 hard copies each) ♦ Task I:Adoption and Certification • Notice of Determination GENERAL PLAN AMENDMENT a REZONING EIR 2.Detailed Work Plan SON 13 CITY OF CUPERTINO I MEETINGS Steve Noack and Joanna Jansen of The Planning Center I DC&E and Gary Black of Hexagon Trans- portation Consultants will attend the kick-off meeting with City staff. Joanna Jansen of The Planning Center I DC&E will attend up to eight (8) community meetings related to the General Plin amendment. Joanna Jansen and the Assistant Project Manager-will also participate in up to_0 progress meetings. We assume that these meetings can be done by conference call and will last no more than an average of an hour and a half. Joanna Jansen of The Planning Center I DC&E will attend the scoping meeting for the Draft EIR. Steve Noack and Joanna Jansen of The Planning Center I DC&E will attend the following public meetings and hearings for the project: ♦ Public review hearings(2) ♦ Adoption and certification hearings(2) Hexagon will attend seven meetings: two community meetings, one EIR scoping meeting, two Planning Commission meetings and two City Council meetings. Hexagon will also prepare graphics, slides, and tables required for the meetings. Attendance of additional meetings will re- quire written authorization and additional budget. SCHEDULE The Planning Center I DC&E's proposed schedule for completion of the General Plan Amendment and Rezoning EIR is shown in Figure 3. As shown in the schedule,we anticipate that the project can be completed by within a 15-month time period beginning in March 2013,and ending in May 2014. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary. The Planning Center I DC&E has a strong track record in meeting project schedules and coordinat- ing closely with its clients Over years of managing projects similar to the General Plan Amend- ment and Rezoning EIR, We have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times: ♦ We maintain an up-to-date schedule throughout the project, to ensure that all team mem- bers are aware of upcoming meetings and product due dates. ♦ We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. ♦ We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports. 14 ■Oil 2.Detailed Work Plan GENERAL PLAN AMENDMENT 6 REzONING EIR QTY OF CUPERTINO FIGURE 3 SCHEDULE . _._..._.. Project Tasks MSR _ APR MAv A Project Initiation - l � l i General Pian (under separate Contract) Dates Based on TPC I DICE General Plan Schedule ( g) Environmental Review I 1 C Alternatives Evaluation , I 1 D Administrative Draft EIR 45-Day Public Review E Draft EIR and Public Review ADFEIR Administrative Draft I Response toI E17 1 Comments Final EIR Fc1 (G} Final EIR _ H Mitigation Monitoring and Reporting Program ezoning EIR Schedule Planning Prodi. Commission or City Council Meeting GENERAL PLAN AMENDMENT 6 REZONING EIR 2.Detailed Work Plan ■■a Is CITY OF CUPERTINO CHAPTER 2: COST PROPOSAL As shown in Table 1,the estimated cost to complete the scope of work described in this proposal is$393,490. This cost is based on an assumption that the EIR will include an analysis of the Gen- eral Plan Amendment and rezonings only, and would not include an analysis of a Vallco Specific Plan. Note that this cost does not include the cost to the City to purchase thE,VTA model,which would be$15,000,payable directly to VTA. The Planning Center I DC&E recommends planning for a 5 percent to 1(i percent contingency fund to cover any unforeseen out-of-scope work that might be necessary for the project. 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, which also shows allocations of hours and personnel, as requested in the RFP. We can provide direct labor rates upon request. Our current overhead rate is 195 percent and the fee is 10 percent. The Planning Center I DC&E bills for its work on a time-and-materials bzsis with monthly invoices. Additional meeting attendance would be billed on a T&M basis, and would typically cost $800/meeting). ASSUMPTIONS This scope of work and cost estimate assumes that: ♦ The Vallco Shopping Center area would be one of the seven oppertunity sites analyzed in the EIR,but does not assume preparation or analysis of a Vallco Specific Plan.All seven sites, in- cluding the Vallco site,would be analyzed at the same level of detail. ♦ Billing rates for this project are guaranteed through December 31,2014. Billing rates would be subject to an increase of up to 6 percent on January 1,2015,and in each subsequent year thereafter. A budget increase would be necessary to cover costs incurred after January 1, 2015. ♦ Our cost estimate includes the meetings listed above. Additional meetings would be billed on a time-and-materials basis. Joanna Jansen will attend all project meetings and hearings. Hexagon Transportation Consultants will attend the kick-off meeting for the project. GENERAL PIAN AMENDMENT a REZONING EIR 4.Cost Proposal ■■IR 17 CITY OF CUPERTINO ♦ No more than 80 hours of The Planning Center I DC&E staff time will be required to respond to comments on the Draft EIR. If additional labor is necessary,a contract amendment allow- ing additional work will be necessary. ♦ All products will be submitted to City of Cupertino in electronic (PDF) format, except for printed copies that are specifically identified in Chapter 2. This is an allowance only, based on the numbers of products and copies shown in Chapter 2. If this allowance is exceeded, Additional printing costs will be billed at The Planning Center I DC&E's actual cost. ♦ City of Cupertino staff will be responsible for meeting logistics, including schedule coordina- tion, document production, printing notices, mailing costs, room reservations, room set-up and take-down,and refreshments. ♦ This scope of work includes a printing allowance of$1,200 for large format maps and other presentation materials for public meetings. If this allowance is exceeded,additional costs will be billed at The Planning Center DC&E's actual cost. 18 ■■D 4.Cost Proposal GENERAL PIAN AMENDMENT 6 REZONING EIR CITY OF CUPERTINO I Table 2 The Planning (:enter I DC&E General Plan Amendment and Rezoning EIR Cost Estimate Labor Cost per Expenses per TOTAL COST Hours per Task Task Task PER TASK A. Project Initiation 71,349 21,646 92,995 B. Environmental Review 101,680 .5,857 107,537 C. EIR Alternatives Evaluation 10,235 590 10,825 D. Administrative Draft EIR 61,962 6,069 68,031 E. Draft EIR and Public Review 18,857 2,012 20,869 F. Administrative Response to Comments and Final EIR 13,347 1,144 14,491 G. Final EIR 17,321 1,373 18,694 H. Mitigation Monitoring and Reporting Program 3,880 223 4,103 I. Adoption and Certification 4,300 424 4,724 Project Management 24,300 1,100 25,400 Progress Meetings 16,800 968 17,768 Workshops and Hearings 6,950 1,104 8,054 Totals $350,981 $42,509 $393,490 GPA EIR Total $393,490 2/8/2013 EXHIBIT A-1 SCOPE OF SERVICES SOUTH VALLCO SPECIFIC PLAN EIR During the term of this contract and until December 31, 2013, City retains the option to request that Consultant complete an environmental impact report (or appropriate documentation required under the California Environmental Quality Act) for the South Vallco Specific Plan"). Upon written authorization to Consultant to proceed with the EIR for the Vallco Specific Plan, Consultant shall complete environmental review that includes the phases and tasks described in this Exhibit. CHAPTER 1 : DETAILED WORK PLAN This chapter contains the following sections: ♦ Project Management Team ♦ Task Descriptions for the Vallco Specific Plan EIR ♦ Deliverables ♦ Decision-Making Flowchart ♦ Schedule For ease of reference,this chapter also includes a summary of meetings to be held for the project. PROJECT MANAGEMENT TEAM For the City of Cupertino's Vallco Specific Plan EIR,The Planning Center DC&E will serve as the prime consultant and will oversee all aspects of the project to ensure its successful and timely completion. Steve Noack will serve as Principal-in-Charge and will oversee the consultant team. Joanna Jansen will serve as Project Manager and will administer all day-to-day aspects of the pro- ject. TASK DESCRIPTIONS This section describes the work plan to be completed by The Planning Center I DC&E team for the Vallco Specific Plan EIR. A summary of the work program is presented 11 Table 1. TASK A. Project Initiation In this task, The Planning Center I DC&E team, working with City staff and the Specific Plan con- sultant, will begin work and share ideas and concerns regarding the EIR process. This task will allow The Planning Center I DC&E team to review information needs, discuss expectations for the project process,and begin consultation with interested parties. This task will develop the basis for a focused work program,effective coordination,and a smooth work flOIN through the project. 1. KICK-OFF MEETING During this task, members of The Planning Center I DC&E team will work with City staff to adjust this scope of work. The review of the scope may result in adjustment,to the fee and schedule of the project as it is described in this proposal. VALLCO SPECIFIC PIAN EIR 4.Cost Proposal ■ I CITY OF CUPERTINO The Planning Center I DC&E and Hexagon staff will attend a kick-off meeting with the City and to review the scope of work, available information, schedule, and work products. We will also dis- cuss: ♦ Preliminary identification of key issues for the EIR. ♦ Protocols for clear communication between The Planning Center I DC&E, the City, and the General Plan consultant. ♦ Concepts for the alternatives to be evaluated in the EIR. 2. HEXAGON WORK SCOPE REFINEMENT Hexagon will review all policy documents and previous transportation reports relevant to the pro- posed Specific Plan. Hexagon will coordinate with the City of Cupertino and the project team to (1) confirm the study intersections and roadway segments to be included in the traffic analysis of the Specific Plan and (2) discuss any other pertinent background information or issues.This work scope assumes that no additional intersections would be analyzed for the Specific Plan beyond the up to 40 intersections already being analyzed for the General Plan Amendment EIR. I PROJECT DESCRIPTION The Planning Center I DC&E will prepare a detailed project description for the EIR using graphics and textual information as appropriate. We will coordinate with the Specific Plan consultant to clearly define the project,and we will work with the City to draft and refine the project objectives. 4. NOTICE OF PREPARATION As requested in the RFP, we will prepare all CEQA notices for the Vallco Specific Plan EIR. The Planning Center I DC&E will submit a Notice of Preparation of the Draft EIR to the Governor's Office of Planning and Research. 5. PUBLIC SCOPING MEETING The Planning Center I DC&E Project Manager will attend one scoping meeting to gather input and comments from interested agencies,organization,City officials,and members of the public. 6. VALLCO SPECIFIC PLAN EXISTING CONDITIONS REPORTS The Planning Center I DC&E team will conduct background data review and coordinate with the Vallco Specific Plan consultant to prepare Existing Conditions reports that will support preparation of both the Vallco Specific Plan itself and the EIR. The fact that these reports will be utilized for both projects will ensure consistency between the documents and provide a coordinated approach between the EIR team and Vallco Specific Plan consultant. These reports will be limited to: • Air Quality • Hazards and Hazardous Materials • Land Use • Population and Housing • Schools and other Public Services • Traffic j ■■i 4.Cost PFOPosaI VALLCO SPECIFIC PLAN EIR CITY OF CUPERTINO a. Data Collection and Documentation of Existing Traffic Conditions Hexagon will compile data and information on the existing transportation system, including road- ways,transit services, bicycle facilities, and pedestrian amenities. A detailed description accompa- nied with maps of the transit service provided in the area, as well as gaps in existing bicycle and pedestrian facilities will be documented. Recent traffic counts will be obtained from the City. For locations where recent traffic counts are not available, new intersection counts will be conducted including vehicular, bicycle and pedestrian volumes for the AM and PNI peak hour periods from 7:30 to 10:30 a.m.and from 4:00 to 7:00 p.m.A copy of these counts will be submitted to the City. 7. VALLCO SPECIFIC PLAN ALTERNATIVES ASSESSMENT During the preparation of the Vallco Specific Plan,it is likely that the pla-ining consultant will want to utilize the EIR team to assess the environmental and service impacts of several alternative land use alternative scenarios. In this task,we would therefore qualitatively assess up to three Specific Plan alternatives with regard to air quality, greenhouse gas emissions, noise, and impacts on schools parks and other community services. This analysis would be presented in a matrix format and would be conducted before work on the EIR commences in earnest. a. Analysis of Future Traffic Conditions Hexagon will evaluate traffic conditions under the existing General Plan conditions (base condi- tions) and up to three future alternative scenarios. The analysis scenzrio for future scenarios is Year 2020. Land use assumptions for the existing conditions will be obtained from the City's exist- ing Land Use and Circulation Elements of the General Plan and input from City Staff.The General Plan land uses will be entered into VTA's 2020 Land Use data file. Hexagon will use VTA Travel Demand Model(TFM),incorporate the General Plan land use data and develop the General Plan model forecasts. In addition to the General Plan conditions, Hexagon will use the TFM model and analyze up to three future land use or transportation alternatives on the Vallco Specific Plan site. The future land use/transportation alternatives will be developed in coordination with The Plan- ning Center I DC&E and City staff based on their review of the base conditions and the capacity of the transportation system. Transportation system impacts associated with each of the three proposed alternatives will be evaluated.The three future alternatives will be evaluated in terms of: • the effect on travel time • level of service at study intersections and roadway segments, • the potential for cut-through traffic, • difficulty of implementation and costs of required mitigation, • need for right-of-way acquisition,and • likelihood of community acceptance. Evaluation of the less "land use intensive" alternatives may be limited to analyzing only those intersections and roadway segments that are projected to operate at LOS D or worse. Level of service impacts and improvements to support each of the future land use/transportation alterna- tives will be identified and described. These could include new roadways, widening of existing roadways, addition of turn lanes, and/or changes to bike/pedestrian/transit facilities. Hexagon will also calculate the net increase or decrease in Vehicle Miles Traveled (VMT) between the existing VALLCO SPECIFIC PLAN EIR 4.Cost Proposal ■■iii i CITY OF CUPERTINO General Plan and each of the future land use/transportation alternatives,which will be used for the greenhouse gas emissions calculations in the EIR. Once the preferred alternative is selected as part of the Vallco Specific Plan process, Hexagon will develop a detailed description of the necessary transportation system improvements, along with associated design and construction costs, for the preferred alternative in consultation with the project team,led by City staff. b. Trip Generation Trip generation estimates of the land use alternatives will be determined using the 9th Edition of the ITE Trip Generation Manual. For land use types that are not available in the ITE Manual, SANDAG (San Diego Association of Governments)trip generation rates will be used.Any trip re- duction percentages assumed will be reviewed and approved by the City prior to proceeding fur- ther with the traffic analysis. TASK B. Environmental Review Leveraging our local knowledge and integrating information from the Existing Conditions Reports prepared in Task A.5,above,we will: ♦ Assess existing environmental conditions; ♦ Write standards of significance for the evaluation of impacts,in coordination with City staff; ♦ Evaluate impacts that would result from buildout of the proposed project;and ♦ Develop measures necessary to mitigate or limit adverse impacts identified. In keeping with the requirements of CEQA,it is anticipated that the following impact categories will be analyzed in the EIR: 1. AESTHETICS/VISUAL RESOURCES A Vallco Shopping District Master Plan will guide the district's redevelopment as a vibrant shopping destination. As such,the project has the potential to alter the visual character of the sites through- out the city and affect the character of surrounding areas. The Planning Center I DC&E will apply our in-house urban design expertise to perform a rigorous visual assessment of the proposed project. 2. AIR QUALITY The Planning Center I DC&E will prepare an air quality and a community risk and hazards analysis for the City of Cupertino to support the Vallco Specific Plan EIR. The technical analysis will be integrated within the EIR and modeling datasheets will be included as an appendix. The air quality and community risk and hazards impact analysis for the EIR will be based on the current method- ology of the Bay Area Air Quality Management District (BAAQMD). In accordance with the BAAQMD's CEQA Guidelines, a Plan-Level analysis will be prepared and will include a qualitative analysis of criteria air pollutants generated from buildout of the proposed land use plan and an assessment of major stationary and mobile sources of toxic air contaminants (YACs) and fine in- halable particulate matter(PM2.5)within the city. 4 ■■® 4.Cost Proposal VALLCO SPECIFIC PLAN EIR CITY OF CUPERTINO a. Criteria Air Pollutants The Air Quality section of the EIR will include the current air quality within the San Francisco Bay Area Air Basin (SFBAAB or Air Basin) in the vicinity of the city and a summary of regulations adopted for the purpose of reducing health-based impacts associated with poor air quality. Exist- ing levels of criteria air pollutants available from the nearest air quality monitoring station will be incorporated. Buildout of the Vallco Specific Plan would generate emissions from an increase in trips and vehicle miles traveled (VMT) associated with land uses within the city. The Program- Level air quality analysis will include a consistency evaluation of the Spec fic Plan to the BAAQMD's land use and transportation control measures within the air quality management plan. The SFBAAB is in nonattainment for particulate matter and for ozone. The potential increase in VMT generated by an increase in development intensity in the City (provided by Hexagon)will be dis- cussed in relation to the projected population and employment increase. The air quality impact analysis will also describe land uses within the city that have the potential to generate nuisance odors. Buffer distances and/or control measures for odor sources listed in the BAAQMD's guide- lines will be incorporated. b. Community Risk and Hazards Under this,task,The Planning Center I DC&E staff will assess air quality compatibility based on guidance within BAAQMD's draft Community Risk Reduction Plans fo, Toxic Air Contaminants (TAC)and Fine Particulate Matter(PM2.J. Community Development Guidelines. The community risk and hazards evaluation would include a discussion of potential health risks from TAC and PM2.5 in the project vicinity based on BAAQMD's guidance. BAAQMD does not require site-specific health risk assessments as part of the Plan-Level evaluation for the Vallco Specific Plan. However, under this task existing stationary sources, major roadways (defined by BAAQMD as over 10,000 vehicles per day), and other sources of TAC will be mapped, including State Route 85 and Inter- state 280. Recommended measures specified in the BAAQMD's Guidelines for future sensitive land uses within the areas mapped would be considered. For land uses within areas mapped as having elevated risk, the EIR will detail performance standards for future development projects, including requirements to reduce risk from exposure to significant concentrations of PM2.5 and TACs. Recommendations to reduce risk associated with placement o� new sensitive land uses associated with the General Plan Amendment adjacent to major sources of air pollution would be based on the recommended buffer distances based on BAAQMD screening tools, California Air Resources Board (CARB) guidance, and the California Air Pollution Ccntrol Officer's Association guidance. 3. BIOLOGICAL RESOURCES Environmental Collaborative will review existing information on resources occurring in the Vallco Specific Plan vicinity and conduct a field reconnaissance survey and habitat suitability analysis for special-status species and potential jurisdictional wetlands. Available information on biotic re- sources in the vicinity will be reviewed, including environmental documentation for specific devel- opment applications in the area; wetlands mapping prepared as part of the National Wetland Inventory; records on occurrences of special-status taxa and sensitive natural communities main- tained by the California Natural Diversity Data Base;and information or sensitive or special-status taxa available from the City and County,the California Department of Fish and Game(CDFG),and the U.S. Fish and Wildlife Service (USFWS). A one-day field reconnaissance survey will be con- ducted,focusing on the Specific Plan area, which should be sufficient to determine the potential VALLCO SPEanc PIAN EIR 4.Cost Proposal IN f■ 5 CITY OF CUPERTINO for any sensitive resources and need for any supplemental detailed surveys. The biological re- source section of the EIR will identify vegetation types, wildlife habitat, potential for special-status species,and any other important biotic features. Possible permitting implications and likely mitiga- tion requirements will be outlined. 4. CULTURAL RESOURCES Tom Origer& Associates (TOA) will compile information regarding the prehistory and history of the City of Cupertino. TOA will examine records at the Northwest Information Center of the Cali- fornia Historical Resources Information System and at the offices of TOA to prepare a description of the cultural setting. A request for information will be made to the Native American Heritage Commission and to local tribes and individuals. TOA will also survey the Specific Plan area and prepare a technical report identifying any cultural resources on those properties. TOA will evaluate the potential of the Vallco Specific Plan to impact prehistoric or historical cultural resources, including the potential for buried resources, and will identify mitigation measures for identified impacts. 5. GEOLOGY, SOILS,AND SEISMICITY The Planning Center DC&E will analyze potential geological and soil-related impacts in the Specif- ic Plan area. We will apply our rich experience in CEQA review to ensure all geotechnical impacts are addressed. 6. GREENHOUSE CTAS EMISSIONS The Planning Center DC&E will prepare a greenhouse gas (GHG) emissions analysis for the EIR. The technical analysis will be integrated within the EIR and modeling datasheets will be included as an appendix. The GHG impact analysis for the EIR will be based on the current BAAQMD methodology. Our scope of work is based on an understanding that the project would allow increased development intensities on a collection of opportunity sites within the city.The GHG analysis will be prepared based on BAAQMD's Project-Level thresholds and methodology, in accordance with current BAAQMD guidance. The EIR will include a GHG emissions inventory for existing land uses within the Specific Plan site and a GHG emissions inventory of proposed land uses within the site at buildout of the project in order to estimate the net increase in GHG emissions attributable to the project. The GHG emis- sions inventory will be prepared using a BAAQMD-accepted model (e.g., CaIEEMod) and will in- clude GHG emissions from transportation sources, area sources (landscaping fuel, architectural coatings, consumer products), energy sources (natural gas consumption, energy use), water and wastewater, and waste. The transportation sector will be tailored based on information provided by Hexagon Transportation Consultants. In addition,the EIR will include a qualitative evaluation of consistency of the project with applicable GHG reductions plans. 6 NOR 4.Cost Proposal VALLCO SPKIFIC PLAN EIR CITY OF CUPERTINO I 7. HAZARDS AND HAZARDOUS MATERIALS The Planning Center I DC&E will address hazards and hazardous materials issues. The Planning Center I DC&E will describe known hazards on the Vallco Specific Plar site and in surrounding areas,developing mitigation measures as required to avoid significant environmental impacts. 8. HYDROLOGY AND WATER QUALITY BKF will provide a description of the storm drainage requirements for new development in the Vallco Specific Plan area, including the requirements for volume of runoff and stormwater treat- ment. The information gathered will be documented in a Hydrology and Water Quality Technical Report that will be included as an appendix in the Draft EIR. The Planning Center I DC&E will evaluate potential impacts to water quality. 9. LAND USE AND PLANNING The Planning Center I DC&E will draw on our expertise in land use planning and policy analysis to conduct a thorough evaluation of potential land use impacts and policy consistency analysis. to. NOISE The Planning Center I DC&E will prepare a noise analysis that will identify the impacts on sensitive land uses from the implementation of the project. The EIR will discus relevant standards and criteria for noise exposure,including federal,State,and City ordinances,policies,and standards. The Planning Center I DC&E will review the existing noise element of the General Plan, rely on aerial photography, and on the results of ambient noise level measurements to document the existing noise conditions in the vicinity of the Specific Plan area. Amb ent noise monitoring will include a combination of short-term and long-term noise measurements to be taken at up to 8 locations in and near the Specific Plan area. These locations will be selected in coordination with City staff to identify and quantify the major roadway noise sources, including the 85 and 280 Freeways,primary City arterials,rail noise,and aircraft overflights. The analysis will identify long-term noise impacts with implementation of the project. Long term noise impacts will include calculating noise contours along key roadway and railway segments to show the distance/contour relationship and the comparison of expected noise levels to State and City standards. Noise from vehicular traffic will be assessed using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Model; these contours will rely on traffic forecasts provided in the traffic impact analysis for this project. Noise from railway activity will be assessed using U.S. Federal Transit Administration (FTA) methodologies. Noise impacts from non- transportation sources such as mechanical equipment, air conditioning units, and loading docks will be evaluated qualitatively in terms of potential impacts to nearby noise-sensitive receptors. Construction impacts will be evaluated at a programmatic level. Future ioise and vibration effects from construction activities will be discussed in terms of accepted standards from the U.S. Federal Transit Administration (FTA). Feasible mitigation measures will be identified to minimize future construction-related impacts within the study area. VALLCO SPECIRC PLAN EIR 4.Cost Proposal MEN 7 CITY OF CUPERTINO Potential land use conflicts will be identified based on the results of the noise monitoring and modeling results. The results if this analysis will be summarized in the EIR noise section and calcu- lations will be provided in an Appendix. 11. POPULATION AND HOUSING The Planning Center I DC&E will summarize potential impacts related to population and housing that could result from buildout of the Vallco Specific Plan. The Planning Center I DC&E will also consider the growth inducing potential of buildout, including indirect growth from increased em- ployment opportunities. 12. SCHOOLS, OTHER PUBLIC SERVICES,AND RECREATION The Planning Center I DC&E will also assess impacts on other public services and recreation. We will describe existing parks and recreational facilities in Cupertino and evaluate potential impacts associated with buildout of the project. We will contact service providers, including City providers and school districts as well as the Santa Clara County Fire and Sheriff's Departments. On the basis of responses from public service providers, The Planning Center I DC&E will analyze potential impacts resulting from the project,and recommend mitigation measures as needed. 13. TRANSPORTATION AND TRAFFIC Hexagon will prepare traffic analysis documentation for use in the Vallco Specific Plan EIR that analyzes existing conditions, existing General Plan conditions (Year 2020) and three future land use/transportation alternatives. The report will include a description of the scope of work, meth- odologies, transportation network (roadways, bike, pedestrian, transit), roadway traffic volumes, level of service analysis,and a description of any impacts and mitigations to the roadway, bicycle, pedestrian, and transit facilities. This scope assumes that the Specific Plan analysis will draw on the analysis that will be separately performed for the General Plan Amendment EIR. AM and PM peak hour turn movements at all study intersections and roadway segments will be forecasted by the model. Future intersection turning movement volumes will be adjusted based on the (1)the existing traffic counts, (2) base year model volumes and (3)year 2020 model vol- umes. The trip distribution and roadway assignment will be reviewed and approved by the City prior to proceeding with the traffic analysis. Hexagon will conduct existing AM and PM peak hour level of service (LOS) calculations for all study intersections using the 2000 Highway Capacity Manual methodology. Potential growth in traffic volumes on arterials and major collectors, along with their congestion effect on the street system within Cupertino,will be identified. The potential traffic impacts of each alternative will be evaluated following the standards and methodologies set forth by the City of Cupertino and the Santa Clara Valley Transportation Authority(VTA). The City of Cupertino level of service standards will be used to evaluate the signalized study inter- sections. Intersection levels of service will be evaluated using the TRAFFIX software.This method- ology evaluates signalized intersection operations on the basis of average control delay time for all vehicles at the intersection.TRAFFIX also is the CMP-designated intersection level of service meth- odology. The City of Cupertino level of service standard for signalized intersections is LOS D or better. 8 ■■■ 4.Cost Proposal VALLCO SPKFic PLAN EIR CIN OF CUPERTINO I Level of service impacts and improvements will be identified and described. These could include new roadways, widening of existing roadways, addition of turn lanes, and/or changes to bike/pedestrian/transit facilities. Hexagon will also calculate the net increase or decrease in vehicle miles traveled (VMT) between the existing conditions and the proposed Specific Plan, which will be used for the greenhouse gas emissions calculations in the EIR. 14. UTILITIES AND SERVICE SYSTEMS BKF will prepare an analysis of wastewater,water supply,and gas and electric service that will form the basis for the EIR assessment of these issues and will be included as an appendix in the Draft EIR. BKF will first research the available existing information for the drainage systems in the Specific Plan area. Based on available information,BKF will document the size,conditions,and capacity of the existing storm drainage system. This scope assumes that the Cite will provide utility block maps for the Specific Plan area and any utility master plans that are available and that City staff will highlight any known utility constraints. BKF will document the utility information provided and provide a written summary. Based on the available information, the Utilities Technical Report will document the size, condi- tions,and capacity of the existing wastewater and water supply systems,as well as existing gas and electric infrastructure, that serve the Specific Plan area. BKF will analyze demand under the pro- posed Vallco Specific Plan and any upgrades needed to accommodate new demand. BKF will work with the Cupertino Sanitary District to review demands and identify potential wastewater impacts and mitigation measures,and will work with the California Water Service and/or San Jose Water Service for water supply impacts.It is assumed that these Districts will provide any modeling necessary to document potential system impacts. Based on the preferred alternative, BKF will prepare an estimate of the ncrease in utility demands for storm,sewer and water for review by the City. Based on the increase in utility demands,the City will provide potential system impacts that BKF will document in the final utility report. The Planning Center I DC&E will document existing solid waste services and facilities and existing stormwater information documented in the Hydrology and Water Quality Technical Report pre- pared by BKF in Task B.8. The Planning Center I DC&E will identify impacts and mitigation measures as needed for these services. 15. OTHER ENVIRONMENTAL ISSUES CEQA permits the exclusion of environmental issues for which it can ')e seen with certainty that the project would have no significant adverse impact. Based on our review of the RFP, it is antici- pated that there would be no impact to Agricultural, Forestry, or Mineral Resources. Therefore, these issues would be addressed in summary fashion in the EIR. VALLCO SPECK PIAN EIR 4.Cost Proposal 0011 9 CITY OF CUPERTINO TASK C. EIR Alternatives Evaluation Building from the discussion of alternatives at the kick-off meeting, The Planning Center I DC&E will develop a list of up to four draft alternatives, including the CEQA-required No Project Alterna- tive. We will work with City staff to finalize the list of alternatives. The Planning Center I DC&E team will complete an impact analysis of each alternative for inclusion in the EIR. The alternatives analysis will be a qualitative discussion and will identify the environmentally superior alternative. The alternatives will be designed to avoid potentially significant impacts identified in Task B, and could include reduced building heights or densities, revised land use scenarios for opportunity sites,or transportation alternatives(alternative roadway improvements,policy changes to influence modal split,or alternative transportation modes). TASK D. Administrative Draft EIR The Planning Center I DC&E will prepare an Administrative Draft EIR (ADEIR) and submit to City staff for review and comment. The impact analysis will be comprehensive and cover all CEQA requirements. Significance criteria will be identified for each impact topic based upon thresholds of significance identified in Appendix G, Environmental Checklist Form, of the State CEQA Guide- lines and identified in the scoping process. Impacts and mitigation measures will be organized and discussed by topic. For each identified environmental impact,a set of feasible mitigation measures will be recommended. The ADEIR will cover the following topics: ♦ Executive Summary. The Planning Center I DC&E will create a summary in a form con- sistent with CEQA Guidelines, Section 15123. This summary will facilitate a quick under- standing of environmental issues and the actions required to mitigate potential impacts. It will include a summary table of impacts, mitigation measures, and levels of significance be- fore and after mitigation. ♦ Project Description. The ADEIR will include the project description drafted for the project as part of Task A.l,Project Description. ♦ Setting, Impacts, and Mitigation Measures. The existing setting information, impact anal- yses, and mitigation measures developed in Task B will be combined to create chapters de- scribing environmental consequences for each CEQA-required topic. ♦ Alternatives Evaluation. The alternatives evaluation completed in Task C will be incorpo- rated into the EIR. This chapter will include a tabular comparison of the alternatives impacts. ♦ CEQA Required Assessment Conclusions. The Planning Center I DC&E will prepare as- sessment conclusions to meet CEQA Guidelines for the following mandatory findings: • Cumulative Impacts • Growth Inducement • Unavoidable Significant Effects • Significant Irreversible Changes • Impacts Found Not to be Significant 10 ■■N 4.Cost Proposal VALLCO SPEaFlc PLAN EIR CITY OF CUPERTINO ♦ Report Preparers. This chapter will identify the consultants and sta f who prepared the EIR. The Planning Center I DC&E will submit ten (10) hard copies and one (1) electronic copy of the ADEIR to City staff. City staff will act as a clearinghouse for comments on the ADEIR,and will pro- vide The Planning Center I DC&E with a single, internally reconciled set of comments. The Plan- ning Center I DC&E will incorporate City comments on the ADEIR and deliver a second ADEIR for review by City staff. This scope of work assumes that comments on the second ADEIR will be relatively minor and includes 24 hours for revisions. We will provide ten(10)hard copies and one (1)electronic copy of the second ADEIR to City staff. City staff will provide a single, internally reconciled set of comments on the second ADEIR. The Planning Center I DC&E will incorporate City comments and deliver a Screencheck Draft EIR for review by City staff. We will submit ten (10) hard copies and one (1) electronic copy of the Screencheck Draft EIR to City staff. TASK E. Draft EIR and Public Review i. DRAFT EIR The Planning Center I DC&E will incorporate one consolidated set of comments on the Screencheck Draft EIR from City staff to create the Draft EIR. We assume that revisions to the Screencheck Draft EIR will focus on formatting and editing, not content changes. We will prepare a total of ten(10)hard copies and one(1)electronic copy of the Draft EIR. The Planning Center I DC&E will prepare the Notice of Completion and submit to the State Clear- inghouse along with the requisite number of hardcopies and CDs. Tile Planning Center I DC&E will also prepare the Notice of Availability to be submitted to the County Clerk. We assume that the City will be responsible for mailing the Notice of Availability to interested parties and posting the Notice of Availability in public locations. 2. PUBLIC HEARINGS The Planning Center I DC&E and Hexagon will attend up to two public: hearings on the Draft EIR with the Planning Commission. We assume that City staff will schedule hearings, provide public notice,and prepare staff reports. The Planning Center I DC&E will consult with City staff to ensure that noticing for public hearings is consistent with CEQA requirements. TASK F. Administrative Response to Comments and Final EIR Following the mandatory CEQA 45-day review period,The Planning Center I DC&E team will pre- pare an Administrative Response to Comments. We assume that City staff will forward all public comments received within one working day of the close of the public review period. The Planning Center I DC&E team has assumed 60 hours of staff labor. If additionzl time is needed due to an unforeseen volume of comments,we will request a contract modification to cover additional labor costs. VALLCO SPECIFIC PLAN OR 4.Cost Proposal OEM 11 CITY OF CUPERTINO We will incorporate the Administrative Response to Comments into the Administrative Final EIR document. This will include both the Response to Comments and additional analysis or revisions to the Draft EIR as necessary. We will prepare a total of ten(10)hard copies and one(1)electron- ic copy of the Administrative Final EIR. TASK G Final EIR We will incorporate one consolidated set of City comments on the Administrative Final EIR to cre- ate the Final EIR. We will provide ten hard copies and one electronic copy of the Final EIR. TASK H. Mitigation Monitoring and Reporting Program A Mitigation Monitoring and Reporting Program (MMRP)will be assembled by The Planning Cen- ter I DC&E team working in close collaboration with the City,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 MMRP will be submitted as a draft document to the City and revised for publication with the Final EIR. We will prepare a total of ten (10) hard copies and one (1) electronic copy each of the draft and final MMRP. TASK 1. Adoption and Certification The Planning Center I DC&E will attend two certification hearings on the Final EIR. We will also prepare the Notice of Determination to be submitted to the County Clerk. DELIVERABLES The following products will be submitted to the City of Cupertino in fulfillment of our proposed scope of work: ♦ Task A:Project Initiation • Project Description • Notice of Preparation • Vallco Specific Plan Existing Conditions Reports • Vallco Specific Plan Alternatives Assessment(optional) ♦ Task D:Administrative Draft EIR • Two(2)drafts of the Administrative Draft EIR(10 hard copies each) • Screencheck Draft EIR(10 hard copies) ♦ Task E:Draft EIR and Public Review • Draft EIR(10 hard copies) • Notices of Completion and Availability ♦ Task F:Administrative Response to Comments and Final EIR • Administrative Final EIR(10 hard copies) ♦ Task G:Final EIR • Final EIR(10 hard copies) 12 ■■M 4.Cost Proposal VALLCO SPECIFIC PLAN EIR CITY OF CUPERTINO I ♦ Task H:Mitigation Monitoring and Reporting Program • Draft and Final Mitigation Monitoring and Reporting Program (10 hard copies each) ♦ Task I:Adoption and Certification • Notice of Determination MEETINGS Steve Noack and Joanna Jansen of The Planning Center I DC&E and Gary Black of Hexagon Trans- portation Consultants,will attend the kick-off meeting with City staff. Joanna Jansen of The Planning Center I DC&E will attend up to five(5)community meetings relat- ed to the General Plan amendment. Joanna Jansen and the Assistant Project Manager will also participate in up to 30 progress meetings. We assume that these meetings can be done by con- ference call and will last no more than an average of an hour and a half. Hexagon staff will attend up to two community meetings and one scoping meeting. Hexagon staff will also participate in up to seven progress meetings via conference call. Joanna Jansen of The Planning Center I DC&E will attend the scoping meeting for the Draft EIR. Steve Noack and Joanna Jansen of The Planning Center I DC&E will attend the following public meetings and hearings for the project: ♦ Public review hearings(2) ♦ Adoption and certification hearings(2) SCHEDULE We anticipate that the Vallco Specific Plan EIR can be completed by within a 12-month time peri- od. We believe this schedule is in keeping with your needs, but we are happy to revise this schedule if necessary. The Planning Center I DC&E has a strong track record in meeting project schedules and coordinat- ing closely with its clients. Over years of managing projects similar to the Vallco Specific Plan EIR, we have developed a variety of tools to keep projects on schedule and ensure that staff are well informed at all times: ♦ We maintain an up-to-date schedule throughout the project, to ensure that all team mem- bers are aware of upcoming meetings and product due dates. ♦ We stay in close, regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. ♦ We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports. Vnuco SPECIFIC PLAN EIR 4.Cost Proposal NEI# 13 CITY OF CUPERTINO CHAPTER 2: COST PROPOSAL As shown in Table 3,the estimated cost to complete the scope of work described in this proposal is$210,164. Note that this cost does not include the cost to the City to purchase the VTA model,which would be $15,000, payable directly to VTA, and which we assume would occur in order to support the analysis necessary for the General Plan Amendment EIR. The Planning Center I DC&E recommends planning for a 5 percent to 10 percent contingency fund to cover any unforeseen out-of-scope work that might be necessary for the project. 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 3, which also shows allocations of hours and personnel, as requested in the RFP. We can provide direct labor rates upon request. Our current overhead rate is 195 percent and the fee is 10 percent. The Planning Center I DC&E bills for its work on a time-and-materials basis with monthly invoices. ASSUMPTIONS This scope of work and cost estimate assumes that: ♦ The Planning Center I DC&E will perform this work under the same contract as the General Plan Amendment EIR. ♦ Billing rates for this project are guaranteed through December 31,2014. Billing rates would be subject to an increase of up to 6 percent on January 1,2015,and in each subsequent year thereafter. A budget increase would be necessary to cover costs incurred after January 1, 2015. ♦ Our cost estimate includes the meetings shown in Chapter 2. Additional meetings would be billed on a time-and-materials basis. Hexagon Transportation Consultants will attend the kick- off meeting for the project. ♦ The Vallco Specific Plan EIR will substantially rely on data and information from the General Plan Amendment EIR. If data from the General Plan Amendment EIR becomes outdated,or is otherwise unable to be used,and additional new research and analysis is required,a modifi- cation to this scope and cost estimate will be required. 14 ■■IR 4.Cost Proposal VALLCOSPKIFICPLAN EIR CITY OF CUPERTINO ♦ No more than 80 hours of The Planning Center I DC&E staff time wi l be required to respond to comments on the Draft EIR. If additional labor is necessary,a contract amendment allow- ing additional work will be necessary. ♦ All products will be submitted to City of Cupertino in electronic (PDF) format, except for printed copies that are specifically identified in Chapter 2. This is an allowance only, based on the numbers of products and copies shown in Chapter 2. If this allowance is exceeded, Additional printing costs will be billed at The Planning Center I DC&E's actual cost. ♦ City of Cupertino staff will be responsible for meeting logistics, including schedule coordina- tion, document production, printing notices, mailing costs, room reservations, room set-up and take-down,and refreshments. ♦ This scope of work includes a printing allowance of$1,200 for large format maps and other presentation materials for public meetings. If this allowance is exceeded,additional costs will be billed at The Planning Center I DC&E's actual cost. VALLCO SPECIFIC PLAN EIR GN Of CUPERTINO 4.Cost Proposal Eno 15 BKF Engineers Hours per Task Pril Associate PM Engineer III Engineer II Engineer I A. Project Initiation 't 28 20 76 1. Kick-Off Meeting 4 2. Project Description 3. Notice of Preparation 4. Public Scoping Meetings 5. Plan Area Existing Conditions Reports 8 6. Alternatives Assessment 30 7. Preferred Alternative 4 6 12 20 40 B. Environmental Review C. EIR Alternatives Evaluation D. Administrative Draft EIR 2 4 4 E.Draft EIR and Public Review 6 6 1. Draft EIR - 2. Public Hearings 6 6 F. Administrative Response to Comments and Final EIR 2 2 G. Final EIR H. Mitigation Monitoring and Reporting Program I. Adoption and Certification Project Management Progress Meetings Workshops and Hearings Total Hours Hourly Rate 6 $1703 $140 $123 0 Labor Cost 320 $107 $6,920 $4,480 $9,348 $0 Total Firm Labor Cost $22,068 EXPENSES Mileage(@$0.555 per mile) Subconsultant Management(100%) Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) Traffic Counts-ASSUME USE SAME COUNTS FROM GPA 800 Report Printing Presentation Materials/Large Format Maps 200 Total Expenses $1,000 Total Each Firm $23,068 Grand Total for separate EIR 2/8/2013 Table 3A The Planning Center I DC&E Vallco District Specific Plan Environmental Review Costs By Task Labor Cost per Expenses per TOTAL cost Hours per Task Task Task per task A. Project Initiation 71,432 3,669 75,101 B. Environmental Review 28,410 1,388 29,798 C. EIR Alternatives Evaluation 5,590 273 5,863 D. Administrative Draft EIR 2,032 1,849 3,881 E. Draft EIR and Public Review 3,993 1,125 5,118 F. Administrative Response to Comments and Final EIR 12,426 982 13,408 G. Final EIR 16,510 1,182 17,692 H. Mitigation Monitoring and Reporting Program 3,880 189 4,069 I. Adoption and Certification 4,300 390 4,690 Project Management 24,300 885 25,185 Progress Meetings 16,800 820 17,620 Workshops and Hearings 6,950 789 7,739 Totals $196,623 $13,541 $210,164 Grand Total for Separate EIR $210,164 2/8/2013 EXHIBIT B SCHEDULE OF PERFORMANCE Consultant shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the project managers for Consultant and City so long as all work is completed within the term of the Agreement. Consultant shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed. General Plan Amendment EIR South Vallco Specific Plan EIR: If City exercises its option to proceed with the South Vallco Specific plan,project and environmental review schedule to be mutually determined in writing within reasonable time following notice from City to proceed. Separate General Plan Amendment EIR TASK BUDGET TIMEFRAME A. Project Initiation $ 92,995 24 weeks B. Environmental Review $ 107,537 8 weeks C. EIR Alternatives Evaluation $ 10,825 4 weeks D. Administrative Draft EIR $ 68,031 3 weeks E. Draft EIR and Public Review $ 20,869 10 weeks F. Administrative Response to Comments and Final EIR $ 14,491 3 weeks G. Final EIR $ 18,694 4 weeks H. Mitigation Monitoring and Reporting Program $ 4,103 4 weeks I. Adoption and Certification $ 4,724 4 weeks Project Management $ 25,400 ongoing Progress Meetings $ 17,768 ongoing Workshops and Hearings $ 8,054 ongoing TOTAL $ 393,490 68 weeks note: some tasks will overlap Separate Vallco Specific Plan EIR TASK COST DURATION A. Project Initiation $ 75,101 21 weeks B. Environmental Review $ 29,798 8 weeks C. EIR Alternatives Evaluation $ 5,863 4 weeks D. Administrative Draft EIR $ 3,881 3 weeks E. Draft EIR and Public Review $ 5,118 10 weeks F. Administrative Response to Comments and Final EIR $ 13,408 3 weeks G. Final EIR $ 17,692 4 weeks H. Mitigation Monitoring and Reporting Program $ 4,069 4 weeks I. Adoption and Certification $ 4,690 4 weeks Project Management $ 25,185 ongoing Progress Meetings $ 17,620 ongoing Workshops and Hearings $ 7,739 ongoing TOTAL $ 210,164 54 weeks note: some tasks will overlap EXHIBIT C COMPENSATION GENERAL PLAN AMENDMENT EIR City shall compensate Consultant for professional services performed for the General Plan Amendment Environmental Impact Report in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below. Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed budget amount for each task set forth below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit"A"and reimbursable expenses shall not exceed the amounts set forth below, for a total amount for the services described in Exhibit A not to exceed $393,490. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Rates Founding Principal: 5225 per hour Principal: `6190 per hour Assoc Principal: `i 175 per hour Senior Associate/Senior Scientist: S165 per hour Associate/Scientist: $135 per hour Project Planner: $105 per hour Planner: $85 per hour Graphics Manager: $115 per hour Graphics WP: ;$80 per hour Clerical: $70 per hour Invoices In order to request payment, Consultant shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, task(s) for which work was performed, hourly rates, and reimbursable expenses), based upon Consultant's billing rates. Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City's Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. EXHIBIT C-1 COMPENSATION SOUTH VALLCO SPECIFIC PLAN EIR If City chooses to exercise its option to have Consultant perform the Services set forth in Exhibit A-1 (Scope, South Vallco Specific Plan EIR), City shall compensate Consultant for such services in accordance with the terms and conditions of this Agreement based on the rates and compensation schedule set forth below. The compensation to be paid to Consultant under this Agreement for all services described in Exhibit"A-1" and reimbursable expenses shall not exceed the amounts set forth below, for a total amount for the services described in Exhibit A-1 not to exceed $210,164. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth herein shall be at no cost to the City. Rates Founding Principal: $225 per hour Principal: $190 per hour Assoc Principal: $175 per hour Senior Associate/Senior Scientist: $165 per hour Associate/Scientist: $135 per hour Associate: $135 per hour Project Planner: $105 per hour Planner: $85 per hour Graphics Manager: $115 per hour Graphics WP: $80 per hour Invoices In order to request payment, Consultant shall submit monthly invoices to the CITY describing the services performed and the applicable charges (including an identification of personnel who performed the services, hours worked, task(s) for which work was performed, hourly rates, and reimbursable expenses),based upon Consultant's billing rates. Additional Services Consultant shall provide additional services outside of the services identified in Exhibit A only by advance written authorization from the City's Project Manager prior to commencement of any additional services. Consultant shall submit, at the Project Manager's request, a detailed written proposal including a description of the scope of additional services, schedule, and proposed maximum compensation. AC" ® CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDD/YYYY) 11i6/24/2013 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. THIS 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(ies) 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 Ed ewood Partners Insurance Center(EPIC) CONTACT NAME: _..... _. ....... _ ... PHONE(A/ 263-06Q6.._..__ _ I __.... _....._ ( - 19 00 MacArthur Blvd. PH Floor C,No.EXU: (949)263 0606.. ___ FAX(A/c No):- 949)263-0906 Irvine, CA 92612 E-MAIL ADDRESS: INSURER(S)AFFORDING COVERAGE NAIC# www_edgewoodins.com_ - -- INSURER A. Crum&Forster Specialty Insura_noe_Compank_- 4452Q - INSURED SURER B Travelers_P_roperty_Casualty-Company-Cif Amerce 674 The Planning Center, Inc --- — — Design Community& Environment INSURER C: dba: he Planning Center I DC&E IkSURER D: 3 MacArthur Place, Suite 1100 Santa Ana CA 92707 INSURER E______ INSURER F: COVERAGES CERTIFICATE NUMBER: 16749829 REVISION NUMBER: 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 ADDU,SUBR - _- -------..-----------' POLICY EFF POUCV EXP _.._ LTR TYPE OF INSURANCEINSR,VIVO POLICY NUMBER MM/DD/YYYY MM/DDlYVYY LIMITS A GENERAL LIABILITY �/ �/ EPK-101527 7/1/2013 7/1/2014 EACH OCCURRENCE $ 5_,_0_00,00_0 COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED I PREMISES(Ea occurrence) $ 50,000 CLAIMS-MADE OCCUR MED EXP(Any one person) $ 5,000 BI/PD Ded: $5,000 PERSONAL&ADV INJURY $ 5,000,000 GENERAL AGGREGATE $ 5,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 5,000,000 - POLICY! PROT LOC B AUTOMOBILE LIABILITY 810-913273151-TIL-13 7/1/2013 7/1/2014 (Ea BINEDtSINGLE LIMIT i$ 1'000'000 ANY AUTO BODILY INJURY(Per person) $ ALL OWNED 1 SCHEDULED AUTOS AUTOS BODILY INJURY(Per accident) $ NON-OWNED PROPERTY DAMAGE HIRED AUTOS ✓ AUTOS ':,(Per accldenp $ $ i5 B UMBRELLA LIAB ✓ OCCUR EX-98273151-TIL-13 7/1/2013 !7/1/2014 EACH OCCURRENCE !$ 4,000,000 EXCESS LIAe ;$ 4,000,000 CLAIMS-MADE _AGGREGATE _ — - DED J RETENTIONSO ! .Excess Auto_&_E_LOnIy_a$ -..._.......- ----------- B WORKERS COMPENSATION IUB-9B273151-TIL-13 j 7/1/2013 7/1/2014 WCSTATU OTH AND EMPLOYERS'LIABILITY YIN 1 „� TORY LIMITS': I ER ANY PROPRIETOR/PAR"rNERIEXECUTIVE OFFICERiMEMBER EXCLUDED? NIA El,EACH ACCIDENT_- 1$ -- 1,000,000 (Mandatory In NH) E.L. ISEASE-EA EMPLOYEE;$ QQl) If yes,describe u 'Inder -- ..____ __. ._._.. . -q00 DESCRIPTION OF OPERATIONS below _ E.L.DISEASE-POLICY LIMIT $ 1,000,000 A Pollution Liability EPK-101527 i 7/1/2013 7/1/2014 5,000,000 Each Claim/5,000,000 Aggregate A Errors&Omissions(Claims Made) i EPK-101527 1 7/1/2013 7/1/2014 5,000,000 Each Claim/5,000,000 Aggregate DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks S:hedule,if more space is required) IS/MND Cupertino,CA Certificate Holder is named as Additional Insured as respects General Liability per endorsement EN0147 11/11,which includes Primary and Non-Contributory wording and Waiver of Subrogation,and Auto Liability Additional Insured per endorsement CAT353 03/10. Subject to all policy terms,conditions and exclusions. Additional Insured to be listed as City of Cupertino,its city council boards and commissions officers em to ees and volunteers CERTIFICATE HOLDER CANCELLATION IS/MND Cupertino,CA SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Cupertino THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 10300 Torre Ave ACCORDANCE WITH THE POLICY PROVISIONS. Cupertino CA 95014 AUTHORIZED REPRESENTATIVE _Scott Lihme ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo ar:registered marks of ACORD CERT NO.: 16749829 Kim Pechar 6/24/2013 1:35:37 PM Page 1 of 6 EPK-101527 6/24/2013 The Planning Center, Inc Design Community& Environment Crum Forster par[of the FAIRFAX group 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 PAR-- CONTRACTORS POLLUTION LIABILITY COVERAGE PART ERRORS AND OMISSIONS LIABILITY COVERAGE PART SCHEDULE Name of Additional Insured Persons or Organization(s) Where Required by Written Contract 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 only with respect to liability arising out of "your work" for that person or organization performed by you, or by those acting on your behalf. B. As respects additional insureds as defined above, this insurance also applies to "bodily injury" or "property damage" arising out of your negligence when the following written contract requirements are applicable: 1. Coverage available under this coverage part shall apply as primary insurance. Any other insurance available to these additional insureds shall apply as excess and not contribute as primary to the insurance afforded by this endorsement. 2. 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 injury or damage arising out of "your work" performed under a written contract with that person(s) or organization(s). 3. The term "additional insured" is used separately and not collectively, but the inclusion of more than one "additional insured" shall not increase the limits or coverage provided by this insurance. 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. EN0147-1111 Page 1 of 1 CERT NO.: 16749829 Kim Pechar 6/24/2013 1:35:37 PM Page 2 of 6 6/24/2013 The Planning Center, Inc 810-9B273151-TIL-13 COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. BUSINESS AUTO EXTENSION ENDORSEMENT This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, tl-e provisions of the Coverage Form apply unless modi- fied by the endorsement. GENERAL DESCRIPTION OF COVERAGE —This endorsement broadens coverage. However, coverage for any injury, damage or medical expenses described in any of tie provisions of this endorsement may be excluded or limited by another endorsement to the Coverage Part, and these coverage broadening provisions do not apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age description only. Limitations and exclusions may apply to these coverages. Read all the provisions of this en- dorsement and the rest of your policy carefully to determine rights, duties, and what is and is not covered. A. BROAD FORM NAMED INSURED H. HIRED AUTO PHYSICAL DAMAGE — LOSS OF USE—INCREASED LIMIT B. BLANKET ADDITIONAL INSURED I. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES—INCREASED LIMIT C. EMPLOYEE HIRED AUTO J. PERSONAL EFFECTS D. EMPLOYEES AS INSURED K. AIRBAGS E. SUPPLEMENTARY PAYMENTS — INCREASED L. NOTICE AND KNOWLEDGE OF ACCIDENT LIMITS OR LOSS F. HIRED AUTO — LIMITED WORLDWIDE M. BLANKET WAIVER OF SUBROGATION COVERAGE—INDEMNITY BASIS G. WAIVER OF DEDUCTIBLE—GLASS N. UNINTENTIONAL ERRORS OR OMISSIONS PROVISIONS A. BROAD FORM NAMED INSURED executed by you before the "bodily injury" or The following is added to Paragraph A.1., Who Is "property damage" occurs and that is in effect An Insured, of SECTION II — LIABILITY COV- during the policy period, to be named as an addi- ERAGE: tional insured is an "insured" for Liability Cover- age, but only for damages to which this insurance Any organization you newly acquire or form dur- applies and only to the extent that person or or- ing the policy period over which you maintain ganization qualifies as an "insured" under the 50% or more ownership interest and that is not Who Is An Insured provision contained in Section separately insured for Business Auto Coverage. II. Coverage under this provision is afforded only un- C. EMPLOYEE HIRED AUTO til the 180th day after you acquire or form the or- ganization or the end of the policy period, which- 1. The following is added to Paragraph A.1., ever is earlier. Who Is An Insured, of SECTION II — LI- B. BLANKET ADDITIONAL INSURED ABILITY COVERAGE: The following is added to Paragraph c. in A.1., An "employee" of yours is an "insured" while Who Is An Insured, of SECTION II — LIABILITY operating an "auto" hired or rented under a COVERAGE: contract or agreement in that "employee's" name, with your permission, while performing Any person or organization who is required under duties related to the conduct of your busi- a written contract or agreement between you and ness. that person or organization, that is signed and CA T3 53 03 10 ©2010 The Travelers Indemnity Company. Page 1 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. CERT NO.: 16749829 Kim Pechar 6/24/2013 1:35:37 PM Page 3 of 6 COMMERCIAL AUTO 2. The following replaces Paragraph b. in B.5., within such country or jurisdiction, for Liability Other Insurance, of SECTION IV — BUSI- Coverage for any covered "auto" that you NESS AUTO CONDITIONS: lease, hire, rent or borrow without a driver for b. For Hired Auto Physical Damage Cover- a period of 30 days or less and that is not an age, the following are deemed to be cov- .auto" you lease, hire, rent or borrow from ered "autos" you own: any of your "employees", partners (if you are a partnership), members (if you are a limited (1) Any covered "auto" you lease, hire, liability company) or members of their house- rent or borrow; and holds. (2) Any covered "auto" hired or rented by (a) With respect to any claim made or "suit" your "employee" under a contract in brought outside the United States of that individual "employee's" name, America, the territories and possessions with your permission, while perform- of the United States of America, Puerto ing duties related to the conduct of Rico and Canada: your business. (i) You must arrange to defend the "in- However, any "auto" that is leased, hired, sured" against, and investigate or set- rented or borrowed with a driver is not a tle any such claim or "suit" and keep covered "auto". us advised of all proceedings and ac- D. EMPLOYEES AS INSURED tions. The following is added to Paragraph A.1., Who Is (ii) Neither you nor any other involved An Insured, of SECTION II — LIABILITY COV- "insured" will make any settlement ERAGE: without our consent. Any "employee" of yours is an "insured" while us- (iii)We may, at our discretion, participate ing a covered "auto" you don't own, hire or borrow in defending the "insured" against, or in your business or your personal affairs. in the settlement of, any claim or E. SUPPLEMENTARY PAYMENTS — INCREASED "suit". LIMITS (iv)We will reimburse the "insured" for 1. The following replaces Paragraph A.2.a.(2), sums that the "insured" legally must of SECTION II—LIABILITY COVERAGE: pay as damages because of "bodily injury" or "property damage" to which (2) Up to $3,000 for cost of bail bonds (in- this insurance applies, that the "in- cluding bonds for related traffic law viola- sured" pays with our consent, but tions) required because of an "accident" only up to the limit described in Para- we cover. We do not have to furnish graph C., Limit Of Insurance, of SEC- these bonds. TION II—LIABILITY COVERAGE. 2. The following replaces Paragraph A.2.a.(4), (v) We will reimburse the "insured" for of SECTION II—LIABILITY COVERAGE: the reasonable expenses incurred (4) All reasonable expenses incurred by the with our consent for your investiga- "insured" at our request, including actual tion of such claims and your defense loss of earnings up to $500 a day be- of the "insured" against any such cause of time off from work. "suit", but only up to and included within the limit described in Para- F. HIRED AUTO — LIMITED WORLDWIDE COV- graph C., Limit Of Insurance, of ERAGE— INDEMNITY BASIS SECTION II — LIABILITY COVER- The following replaces Subparagraph (5) in Para- AGE, and not in addition to such limit. graph B.7., Policy Period, Coverage Territory, Our duty to make such payments of SECTION IV — BUSINESS AUTO CONDI- ends when we have used up the ap- TIONS: plicable limit of insurance in pay- (5) Anywhere in the world, except any country or ments for damages, settlements or jurisdiction while any trade sanction, em- defense expenses. bargo, or similar regulation imposed by the (b) This insurance is excess over any valid United States of America applies to and pro- and collectible other insurance available hibits the transaction of business with or Page 2 of 4 ©2010 The Travelers Irdemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.with its permission. CERT NO.: 16749629 Kim Pechar 6/24/2013 1:35:37 PM Page 4 of 6 COMMERCIAL AUTO to the "insured" whether primary, excess .1. PERSONAL EFFECTS contingent or on any other basis. The following is added to Paragraph AA., Cover- (c) This insurance is not a substitute for re- age Extensions, of SECTION III — PHYSICAL quired or compulsory insurance in any DAMAGE COVERAGE: country outside the United States, its ter- Personal Effects ritories and possessions, Puerto Rico and Canada. We will pay up to $400 for "loss" to wearing ap- You agree to maintain all required or parel and other personal effects which are: compulsory insurance in any such coun- (1) Owned by an"insured"; and try up to the minimum limits required by (2) In or on your covered "auto". local law. Your failure to comply with This coverage applies only in the event of a total compulsory insurance requirements will theft of your covered "auto". not invalidate the coverage afforded by this policy, but we will only be liable to the No deductibles apply to this Personal Effects same extent we would have been liable coverage. had you complied with the compulsory in- K. AIRBAGS surance requirements. The following is added to Paragraph B.3., Exclu- (d) It is understood that we are not an admit- sions, of SECTION III — PHYSICAL DAMAGE ted or authorized insurer outside the COVERAGE: United States of America, its territories Exclusion 3.a. does not apply to 'loss" to one or and possessions, Puerto Rico and Can- more airbags in a covered "auto" you own that in- ada. We assume no responsibility for the flate due to a cause other than a cause of 'loss" furnishing of certificates of insurance, or set forth in Paragraphs A.1.b. and A.1.c., but for compliance in any way with the laws of other countries relating to insurance. only: G. WAIVER OF DEDUCTIBLE—GLASS a. If that "auto" is a covered "auto" for Compre- The following is added to Paragraph D., Deducti- hensive Coverage under this policy; ble, of SECTION III — PHYSICAL DAMAGE b. The airbags are not covered under any war- COVERAGE: ranty; and No deductible for a covered "auto" will apply to c. The airbags were not intentionally inflated. glass damage if the glass is repaired rather than We will pay up to a maximum of $1,000 for any replaced. one"loss". H. HIRED AUTO PHYSICAL DAMAGE— LOSS OF L. NOTICE AND KNOWLEDGE OF ACCIDENT OR USE—INCREASED LIMIT LOSS The following replaces the last sentence of Para- The following is added to Paragraph A.2.a., of graph AA.b., Loss Of Use Expenses, of SEC- SECTION IV—BUSINESS AUTO CONDITIONS: TION III— PHYSICAL DAMAGE COVERAGE: Your duty to give us or our authorized representa- However, the most we will pay for any expenses tive prompt notice of the "accident' or 'loss" ap- for loss of use is $65 per day, to a maximum of plies only when the "accident' or 'loss" is known $750 for any one"accident'. to: I. PHYSICAL DAMAGE — TRANSPORTATION (a) You (if you are an individual); EXPENSES—INCREASED LIMIT (b) A partner (if you are a partnership); The following replaces the first sentence in Para- (c) A member (if you are a limited liability com- graph A.4.a., Transportation Expenses, of pany); SECTION III — PHYSICAL DAMAGE COVER- (d) An executive officer, director or insurance AGE: manager (if you are a corporation or other or- We will pay up to $50 per day to a maximum of ganization); or $1,500 for temporary transportation expense in- (e) Any "employee" authorized by you to give no- curred by you because of the total theft of a cov- tice of the "accident' or"loss". ered "auto" of the private passenger type. CA T3 53 03 10 ©2010 The Travelers Indemnity Company. Page 3 of 4 Includes copyrighted material of Insurance Services Office,Inc.with its permission. CERT NO.: 16749829 Kim Pechar 6/24/2013 1:35:37 PM Page 5 of 6 COMMERCIAL AUTO M. BLANKET WAIVER OF SUBROGATION such contract. The waiver applies only to the The following replaces Paragraph A.5., Transfer person or organization designated in such Of Rights Of Recovery Against Others To Us, contract. of SECTION IV — BUSINESS AUTO CONDI- N. UNINTENTIONAL ERRORS OR OMISSIONS TIONS: The following is added to Paragraph B.2., Con- 5. Transfer Of Rights Of Recovery Against cealment, Misrepresentation, Or Fraud, of Others To Us SECTION IV—BUSINESS AUTO CONDITIONS: We waive any right of recovery we may have The unintentional omission of, or unintentional against any person or organization to the ex- error in, any information given by you shall not tent required of you by a written contract prejudice your rights under this insurance. How- signed and executed prior to any "accident' ever this provision does not affect our right to col- or"loss", provided that the "accident' or"loss" lect additional premium or exercise our right of arises out of operations contemplated by cancellation or non-renewal. Page 4 of 4 ©2010 The Travelers I xfemnity Company. CA T3 53 03 10 Includes copyrighted material of Insurance Services Office,Inc.with its permission. CERT NO.: 16749829 Kim Pechar 6/24/2013 1:35:37 PM Page 6 of 6 201306180830045547 FF497BE3 61-100 Protective Insurance Company 1099 North Meridian Street Indianapolis,IN 46204 (317)636-9800 Ext.5089 Page: 1 Date Issued: 06/17/13 SEQ#00002543 00004633-001 CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 RE: Renewal Certificate of Insurance Dear Certificate Holder: Enclosed is a renewal certificate of insurance effective.fitly 1, 2013. This certificate replaces any and all certificates issued by Protective Insurance Company that you may have received. Should you have any questions feel free to call us at (3 17) 636-9800. Sincerely, Protective Insurance Company Enclosure 201306180830045547 FF497BE3 61-100 Protective Insurance Company 1089 North Meridian Street Indianapolis,IN 46204 (317)636-9800 Ext.5089 Page: 1 Date Issued: 06/17/13 SEQ#00002543 00004633-001 CERTIFICATE, OF INSURANCE _ This Certificate issued to: CITY OF CUPERTINO 10300 TORRE AVENUE CUPERTINO, CA 95014 Certifies placement of insurance coverage for the account of DAILY EXPRESS, INC. P. O. BOX 39 CARLISLE, PA 17013-0039 With the following insurers, individually and not jointly,providing insurance as listed: Protective Insurance Company Policies: WD001460 For the following coverages: Statutory Workers'Compensation & Employers'Liability For limits of As Shown Above. Effective: July 1, 2013 Expiration: July 1, 2014 In the event of policy cancellation or material change, every reasonable effort will be made to advise the certificate holder named hereon, at the address indicated, of such cancellation or material change within 10(Ten)days thereof. Signed at Indianapolis, Indiana this 17th day of June, 2013 THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER COVERAGE AFFORDED BY THE POLICY LISTED HEREIN.