16-012 PlaceWorks, Prepare the Initial Study and Mitigated Negative Declaration for 10234 Scenic BoulevardFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
PLACE WORKS FOR INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION FOR SCENIC BOULEY ARD SUBDIVISON PROJECT
This First Amendment to the Agreement between the City of Cupertino and Place Works,
for reference dated September 9, 2016, is by and between the CITY OF CUPERTINO, a municipal
corporation (hereinafter "City") and PlaceWorks a California Corporation ("Consultant") whose
address is 3 MacArthur Place, Suite 1100, Santa Ana, California 92707 , and is made with reference
to the following:
RECITALS:
A. On January 5, 2016 , an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for the initial study and mitigated negative
declaration for the Scenic Boulevard Subdivision project.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set fotih herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 3 of the Agreement is modified to read as follows:
Consultant shall be compensated for services performed pursuant to this Agreement in a
total amount not to exceed FORTY THREE THOUSAND, SIX HUNDRED SEVENTY THREE
dollars ($43 ,673 .00) based on the rates and terms set forth in Exhibit "C ," which is attached hereto
and incorporated herein by this reference.
2. The following Exhibit is added to the original scope of work to amend staff time:
a. Exhibit "A "
3. Except as expressly modified herein , all other terms and covenants set fotih in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF , the pa1iies hereto have caused this modification of Agreement
to be executed.
CONSULTANT
B ~·::·~;!_fi\-----_
Title fr\vi vj v01 I
Date '1 (1z../ 11o
Place Works for Scenic Blvd , Amend #1, 9-9-16
CITY OF CUPERTINO
A Municipal Corporation
By:~~
Title':kr P/lY NGR.. ·
RECOMMENDED FOR APPROVAL:
By:~~~
Titl ~ffe,r.~ 0Nz.f2r-
APPROVED AS TO FORM:
~M ~ City Attorney
ATTEST:
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO #2016-422, 100-71-7011 900-995
Original Contract: $3 5,188 .00
Amendment #1 $8,485.00
Total: $43,673.00
PlaceWorks for Scenic Blvd , Amend #1, 9-9-16
Exhibit A
@) PLACEWORKS
SERVICE AUTHORIZATION
AMENDMENT NO. 1
PROJECT NO. COCU-09.0 DATE August 1, 2016
PROJECT NAME Scenic Boulevard Subdivision Project Initial Study and Mitigated Negative Decleration
AGREEMENT BETWEEN:
CLIENT City of Cupertino CONSULTANT Place Works
STREET ADDRESS 10300 Torre Avenue STREET ADDRESS 3 MacArthur Place, Suite 1100
CITY STATE AND ZIP Cupertino, CA 95014 CITY STATE AND ZIP Santa Ana , CA 92707
CONTACT Erick Serrano CONTACT Steve Noack
Hereinafter referred to as "Client." Hereinafter referred to as "Consultant."
This Amendment No . 1 to an existing agreement for services is made and entered into effective as of the date of signature ("Effective
Date"), by and between PlaceWorks (Consultant), a California Corporation, and the City of Cupertino (Client).
RECITAL
The Consultant desires to amend, modify and revi se t h at certain Agreement ("Existing Agreement") with the Client, entered into on
January 25, 2016 to provide Services, as defined therein, and to now amend the Existing Agreement . Except as specifically amended
by this document, all other terms and conditions of the Existing Agreement will remain in full force and effect, without modification .
Now, therefore, in consideration of the above facts and of the covenants and agreement contained herein, the parties hereto agree
that :
The following is a summary of the overall contract budget as modified by this Contract Amendment:
Previous contract amount: $35,188 .00
Amount of this amendment : $8,485 .00 (45 Project Planner hours, 16 Principal hours, and 7 graphics/ word processing hours)
New total contract amount: $43 ,673 .00
Additional hours needed to account for additional work made necessary by r evisions to project plans and unforeseen environmental
conditions requiring more detailed analysis . This amendment includes 24 hours of staff time to respond to comments received
during the public review period, in accordance with the Exibit A of the Existing Agreement. If an unforeseen amount of time is
required to address comments received on the IS/MND, a second contract amendment will be required .
3 MacArthur Place, Suite 1100 I Santa Ana, California 92707 I 714.966.9220 I PlaceWorks .com
CONSULTANT:
CONSULTANT
STREET ADDRESS
CITY STATE AND ZIP
AUTHORIZED
REPRESENTATIVE
Place Works
3 MacArthur Place, Suite 1100
Santa Ana, CA 92707
Steve Noack
PlaceWork's Authorized Representative
CLIENT:
CLIENT
STREET ADDRESS
CITY STATE AND ZIP
AUTHORIZED
REPRESENTATIVE
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Erick Serrano
Client's Authorized Representative
... '
(@ PLACEWORKS
I TITLE I Principal
8-11-16
Date
I TITLE I Associate Planner
Date
Service Authorization I Page 2
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS
TO PREPARE THE INITIAL STUDY AND MITIGATED NEGATIVE
DECLARATION FOR 10234 SCENIC BOULEVARD
THIS AGREEMENT, is entered into this 5th day of January, 2016, by and
between the CITY OF CUPERTINO, a California municipal corporation ("City"), and
Place Works, a California Corporation whose address is 1625 Shattuck Avenue, Suite
300, Berkeley, California 94 709 (hereinafter referred to as "Consultant") (collectively
referred to as the "Parties").
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.
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement to prepare the initial
study and mitigated negative declaration for 10234 Scenic Boulevard, upon the terms and
conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on January 5, 2016, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant
to the schedule of performance set forth in Exhibit "A," attached hereto and incorporated
herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant· to this
Agreement in a total amount not to exceed THIRTY . FIVE THOUSAND, ONE
HUNDRED EIGHTY EIGHT dollars ($35,188.00) based on the rates and terms set forth
in Exhibit "C," which is attached hereto and incorporated herein by this reference.
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
Placeworks for Scenic Blvd, 1-5-16
Page 1 oflO
Consultant agrees to perform all services required by this Agreement 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, ifrequired, are the responsibility of Consultant.
7. 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.
8. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against 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, sexual orientation, or any other protected class. Consultant
agrees that any and all violations of this provision shall constitute a material breac4 of
this Agreement.
9. HOLD HARMLESS
IZl Standard Indemnification:
Consultant shall, to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, 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 negligent 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
PlaceWorks for Scenic Blvd, 1-5-16
choice, expert fees and all other Page2 oflO
costs and fees of litigation. The acceptance of the Services by City shall not operate as a
waiver of the right of indemnification. The provisions of this Section survive the
completion of the Services or termination of this Contract.
10. INSURANCE:
A. General Requirements. 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 the requirements listed in Exhibit "D". Such certificates, which do not
·limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be canceled or
coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days' advance written notice to the City of Cupertino by certified mail,
Attention: City Manager." 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.
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 or maintain insurance. 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.
F. Maximum Coverage and Limits. It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the
Page3 oflO
Placeworks for Scenic Blvd, 1-5-16
specified minimum Insurance coverage requirements and/or limits shall be available to
the additional insured City. Furthermore, the requirements for coverage and limits shall
be the minimum coverage and limits specified in this Agreement, or the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the
named insured, whichever is greater.
11. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it 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.
12. 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. Contro 1 means fifty percent ( 50%) or
more of the voting power of the corporation.
13. SUBCONTRACTORAPPROVAL
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.
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.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work.
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement.
Subcontractor further agrees to include these same provisions with any sub-
Page 4 oflO
PlaceWorks for Scenic Blvd, 1-5-16
subcontractor. A copy of the Owner Contract Document Indemnity and Insurance
provisions will be furnished to the subcontractor upon request. Consultant shall require
all subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to City. ·
14. 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.
15. REPORTS
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of: (1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project; and/or (4) Other City projects as City deems 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. AH 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.
16. 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, 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 Consultant receives final payment
Page 5 oflO
PlaceWorks for Scenic Blvd, 1-5-16
from City for all services required under this agreement.
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.
17. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal
Code and Agreement will terminate without any penalty (a) at the end of any fiscal year
in the event that funds are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section shall take
precedence in the event of a conflict with any other covenant, term, condition, or
provision of this Agreement.
18. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• ·Using paper , products made with recycled content and
recycled/remanufactured toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal's
Industrial and Institutional Cleaners Standard; and ·
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava, Assistant City Manager
TO CONSULTANT:
Place Works
1625 Shattuck Ave, Suite 300
Berkeley, CA 94 709
PlaceWorks for Scenic Blvd, 1-5-16
Page 6 oflO
Attention: Steven Noack, Principal
20. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set forth in City's written notice of default,
and in addition to any other remedy available to the City by law, the City Manager may
terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. The City Manager shall also have the option, at its sole discretion
and without cause, of terminating this Agreement by giving seven (7) calendar days' prior
written notice to Consultant as provided herein. Upon receipt of any notice of
termination, Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective
date of termination. If the termination if for cause, City may deduct from such payment
the amount of actual damage, if any, sustained by City due to Consultant's failure to
perform its material obligations under this Agreement. Upon termination, Consultant
shall immediately deliver to the City any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
Consultant or given to Consultant, in connection with this Agreement. Such materials
shall become the property of City.
21. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules,
policies and regulations enacted or issued by City.
22. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
California.
23. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
24. WAIVER
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other term, covenant, or condition contained herein, whether of the same or a different
character.
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Placeworks for Scenic Blvd, 1-5-16
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, 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.
26. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
27. 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.
28. CAPTIONS AND TERMS
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. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Place Works
By2':~
Title fa,INafAt-
Date Y'24f t6
PlaceWorks for Scenic Blvd. 1-5-16
CITY OF~· PERTINO
A Mun 'di)a Corporatio
11
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By: -·-z--/ pc_----.
Title ~d,.JL.,1---=---'-"---"--l-;;z::::.,.-
Date: / lf?-/(
D Over$! l5,000-Council Approval Required
D Over $45,000-Department Head Approval Required
IXI Up to $45,000-Designated Supervisor Approval Required
~z=PROVAL
~ Erick Serrano, Assistant Planner
Page 8 oflO
Exhibits: (Check box for exhibits that apply to this contract and attach)
IZI Exhibit "A" -Scope of Services and Schedule of Performance
D Exhibit "B"-Schedule of Performance
D Exhibit "C"-Compensation·
IZI Exhibit "D"-Insurance Requirements and Proof oflnsurance
D Exhibit "E" -Mandated Reporting Acknowledgement
D Exhibit "F" -Background/Fingerprint/TB Declaration
D Exhibit "G"-Nondiscrimination-State/Federal/HUD funded project
D Exhibit "H" -Request for City Manager to Waive Informal Bidding Requirements
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO #2016-Cf.-'lt}-
Original Contract: 100-71-701 900-995 $35,188.00
Total: $35,188.00
Exhibit A
~ PLACEWORKS
Erick Serrano, Assistant Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Subject: Proposal to Prepare the 10234 Scenic Boulevard Subdivision IS/MND
Dear Mr. Serrano:
Please accept this submittal as PlaceWorks' proposal to prepare the 10234 Scenic Boulevard
Subdivision Project ("Project") Initial Study/Mitigated Negative Declaration (IS/MND) for the City of
Cupertino.
Understanding of the Project
The proposed project would subdivide two parcels (Assessor's Parcel Numbers 357-08-014 and 357-
08-047), totaling 1.06 acres, into four residential parcels and one common area parcel for joint
ingress/egress and parking. The following scope of work assumes that the existing 1,500-square-foot
single-family residential home, partial basement, and detached garage would be demolished and that
the four residential parcels and one common area parcel would be developed according to the
building standards and regulations contained in the Cupertino Municipal Code.
Scope of Work
This section describes the scope of work to be completed by PlaceWorks for the 10234 Scenic
Boulevard Subdivision Project.
We are flexible regarding the proposed scope of work and will work with you to prepare a more
detailed scope when we enter into a contract.
TASK A: PROJECT INITIATION
TaskA.1 Kick-Off Meeting and Project Site Tour
During this task, members of the PlaceWorks team will work with City staff to adjust this scope of
work, if necessary. PlaceWorks 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 IS/MN D.
» Protocols for clear communication between PlaceWorks and the Project Applicant.
» The methodology to be used for the analysis. Discussion of this methodology will ensure the
parameters for the analysis are clearly established at the outset of the process.
162.5 Shattuck Avenue, Suite 300 I Berkeley, California 94709 I 510.848.381.5 I PlaceWorks.corn
(@PLACEWORKS
Following the kick-off meeting, we will tour the project site with City staff to discuss key issues and
document existing conditions.
TASK B: PROJECT DESCRIPTION
PlaceWorks will prepare a detailed project description incorporating graphics and textual information
as appropriate. We will coordinate with the City and Project Applicant to gather the information
needed to clearly define the Project. We will submit one (1) electronic copy of the Administrative
Draft Project Description in Word and PDF formats for review and approval by City staff prior to
beginning the environmental review for the project.
Deliverable:
• Draft Project Description
TASK C: ENVIRONMENTAL REVIEW
Task C.1. Initial Study
Using the City-approved project description, PlaceWorks will prepare an Initial Study (IS} that
documents existing conditions, project impacts (if any), and mitigation measures (if required), as well
as the resulting level of significance for potential impacts under each of the topical areas required
under the California Environmental Quality Act {CEQA). CEQA permits the exclusion of environmental
issues if it can be ascertained with certainty that the project would have no significant negative
impact. It is anticipated that the topic areas of agricultural/forestry resources and mineral resources
would be summarily dismissed in the IS.
In keeping with the requirements of the CEQA, the IS will include a detailed analysis to determine the
environmental impacts of the following resources categories.
a. Aesthetics
PlaceWorks will use its familiarity with the city's visual resources to analyze potential aesthetic
impacts associated with the project. The analysis will pay careful attention to any potential visual
impacts created by future residential development at the Project site.
b. Air Quality and Community Risk
PlaceWorks will conduct a Criteria Air Pollutant Emissions, Greenhouse Gas {GHG) Emissions, and
Community Risk and Hazards analysis to evaluate proposed air quality and GHG impacts of the
proposed Project. The analyses will be prepared in accordance with the Bay Area Air Quality
Management District's (BAAQMD) CEQA Air Quality Guidelines.1 The approach outlined below is
based on BAAQMD's Guidelines and screening tables for project-level analyses.
1 While adoption of the thresholds was set aside until an environmental evaluation is conducted pursuant to a recent
court rul'lng, the BAAQMD's sign'if1cance criteria, as outlined in their CEQA Guidelines, are supported by extensive studies and
analysis.
~ PLACEWORKS
a) Construction
The proposed project involves subdividing 1.06 acres into four single-family residential parcels and
one common area parcel. BAAQMD has identified screening sizes for projects that generate a de
minimis level of criteria air pollutant emissions and less than significant criteria air pollutant emissions
impacts. Based on the proposed number of units, the Project would be less than the screening
threshold (114 dwelling units). A qualitative analysis of construction emissions will be conducted in
the IS.
b) Operation
BAAQMD has also identified screening criteria for project operation. Based on the proposed number
of units, the Project would not exceed the BAAQMD screening criteria for criteria air pollutants (325
dwelling units). Criteria air pollutant impacts from operation of the project will be described
qualitatively based on the screening-level sizes in the IS/MND.
c) Air Quality Management Plan Consistency, Carbon Monoxide Hotspots, and Odors
The San Francisco Bay Area Air Basin is in nonattainment for particulate matter and for ozone.
Consistency with BAAQMD's air quality management plan to attain the federal and State ambient air
quality standards will also be discussed in the IS/MND. The Project would not generate enough traffic
to warrant a detailed carbon monoxide hotspot analysis or generate substantial odors; therefore, a
detailed analysis compared to BAAQMD's carbon monoxide thresholds and odor impacts is not
necessary and impacts would be handled qualitatively.
» Off-Site Construction Health Risk: PlaceWorks will prepare a Construction-Related Health Risk
Assessment (HRA) to support the Air Quality analysis. BAAQMD has identified screening sizes for
projects that generate a de minimis level of toxic air contaminants and fine particulate matter
(PM 2 .5 ) emissions. The community risk and hazards impacts are highly sensitive to proximity of the
nearest off-site sensitive receptor. The nearest off-site sensitive receptors to the proposed
Project are the adjacent single-family residences to the east and to the west, along Scenic
Boulevard. These off-site sensitive receptors are within 9 meters {30 feet) of construction
activities. According to the BAAQMD screening tables, the residences are much closer than the
minimum offset distance of 95 meters (311 feet) that would screen out potential health risks. 2
Therefore, a full analysis of the Project's off-site community health risk (toxic air contaminants
and PM 25 ) would be warranted.
BAAQMD's local community risk and hazard impacts for construction activities will focus on the
impact of the Project to sensitive receptors in the surrounding area. Construction-related toxic air
contaminants and particulate matter impacts will be evaluated based on the specific
construction-related characteristics (e.g. construction duration, equipment use, construction
phasing) provided by the Project Applicant. Daily construction emissions will be estimated using a
BAAQMD-approved model (e.g. CalEEMod). The risk assessment will incorporate the emissions
inventory for construction emissions in order to evaluate the concentration of toxic air
contaminants and PM 2 .s generated at the nearest off-site sensitive receptor. Dispersion modeling
will be performed using a BAAQMD-accepted computer-based model (e.g. ISCST3) to determine
flag-pole level concentrations of hazardous air pollutants at the project site. Cancer and toxicity
2 BAAQMD, 2010. Screening Tables for Air Toxics Evaluation During Construction. Version 1.0. Dated May 2010.
~ PLACEWORKS
data published by Cal-EPA will be used to estimate long-term and short-term (acute) health risks
for off-site sensitive receptors. Measures to reduce health risk from short-term construction
activities will be considered for inclusion in the project as project design features and/or
mitigation measures.
Results of the technical analysis will be compiled in a Construction HRA Technical Report.
Modeling will be included as an appendix to the IS/MND and integrated within the Air Quality
section.
» On-Site Operational Health Risk. Exposure to elevated concentrations of vehicle-generated PM 2.s
and toxic air contaminants (TAC) at sensitive land uses has been identified by the California Air
Resources Board (CARB), the California Air Pollution Control Officer's Association, and BAAQMD as
a potential air quality hazard. Based upon our review of BAAQMD's screening tools pertaining to
permitted facilities and highways, there is one high volume roadway (i.e., surface streets with
annual average daily traffic volumes exceeding 10,000 vehicles per day) within 1,000 feet of the
site that require further evaluation (Stevens Creek Boulevard). Additionally, there are no
stationary sources or highways within 1,000 feet of the site. Therefore, PlaceWorks will evaluate
the community risk and hazards associated with placement of the residential units proximate to
vehicle-related emissions along Stevens Creek Boulevard. A screening-level health risk assessment
will be conducted in accordance with the BAAQMD's guidance document Recommended Methods
for Screening and Modeling Local Risks and Hazards and the BAAQMD's recently adopted CEQA
guidelines.
Results of the technical analysis will be compiled and integrated within the Air Quality section.
The screening analysis will be included as an appendix to the IS/MND.
c. Greenhouse Gas Emissions
a) Consistency with GHG Reduction Plans
The GHG analysis will include a consistency evaluation with applicable goals and policies of CARB's
Scoping Plan and the Metropolitan Transportation Commission's (MTC)/Association of Bay Area
Governments' (ABAG) Plan Bay Area. In addition, the City of Cupertino has recently adopted a Climate
Action Plan (CAP). The IS/MND will include a consistency evaluation of the Project with the GHG
reduction measures in the CAP.
b) GHG Emissions
BAAQMD has also identified screening criteria for GHG emissions. Based on a proposed number of
units, the Project would not exceed the BAAQMD screening criteria for criteria air pollutants (56
dwelling units). GHG impacts from operation of the Project will be described qualitatively based on
the screening-level sizes.
d. Biological Resources
Given the Project site already contains an existing structure and the surrounding area is urbanized, the
biological resources discussion will focus on the mitigation measures from the General Plan EIR
addressing the potential for disturbance of avian nests, protected by the federal Migratory Bird Treaty
Act and California Department of Fish and Game Code.
~ PLACEWORKS
e. Cultural Resources
PlaceWorks will complete a search of the archaeological base maps, records, and reports on file at the
Northwest Information Center at Sonoma State University and evaluate the potential for disturbance
of unknown buried paleontological and archaeological resources, including human remains.
f Geology, Soils, and Seismicity
Using the City-approved geotechnical report prepared for the Project site by the Applicant,
PlaceWorks will assess and evaluate the potential for the proposed Project to result in significant
direct and indirect environmental impacts related to geology, soils, and seismicity.
The analysis will provide an overview of current geologic/soil conditions at the 1.06-acre project site
and an evaluation of the potential for the proposed Project to result in significant direct and/or
indirect environmental impacts related to geology and soils. The regulatory framework will be
evaluated and described; existing conditions will be researched and clearly articulated; relevant
standards of significance will be established; potential impacts will be identified and evaluated; and
where appropriate, mitigation measures may need to be developed.
A variety of information and data sources will be used to inform this evaluation. In addition to the
City-approved geotechnical report, Phase I Environmental Site Assessment (dated July 2015), and EDR
Report (dated July 14, 2015) provided by the Project Applicant, other sources may include geologic
maps, investigations, and studies published by the CA Geologic Survey and U.S. Geological Survey; and
seismic and geologic hazard maps and studies prepared by the CA Geologic Survey, the CA Office of
Emergency Services, and the Northern California Earthquake Data Center. The section will be
prepared under the direction of a Registered Geologist in the State of California.
OPTIONAL TASK: In this optional task, Alan Kropp & Associates will conduct a peer review of the
geotechnical report and provide a memorandum identifying areas where additional information may
be needed and, if necessary, identify mitigation measures. Based on the need and/or request for this
optional task, a scope of work and cost would be prepared at that time.
g. Hazards and Hazardous Materials
PlaceWorks will evaluate hazards and hazardous materials related to the subdivision of the Project site
into four parcels for residential development and a fifth common area parcel for access. PlaceWorks
will provide an overview of existing conditions at the project site and an evaluation of the potential for
the proposed project to result in significant direct and indirect environmental impacts related to
hazardous materials, hazardous waste disposal, airport safety, emergency preparedness, and wild land
fire. Depending on the likelihood and significance of these impacts, appropriate mitigation measures,
may need to be developed. A variety of information and data sources will be used to perform this
evaluation, including review of an existing Phase I Environmental Site Assessment {ESA) and search of
State and federal databases for the site and nearby properties that use, ·store, or transport hazardous
materials.
h. Hydrology and Water Quality
PlaceWorks will identify and evaluate issues relating to surface and groundwater hydrology, site
drainage, stormwater pollution prevention during construction and operation, and best management
practices (BMPs). The sections will be prepared in accordance with the City of Cupertino's Stormwater
~ PLACEWORKS
Pollution Prevention and Watershed Protection regulations, as specified in Municipal Code Chapter
9.18, and the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program
(SCVURPPP). Since the Project would create more than 5,000 square feet of impervious surface, it
would be ciassified as a 11 C3 Regulated Project" and would require stormwater treatment measures.
Other federal, State, local, and regional programs and regulations that are applicable to the Project
will also be in~luded. We will also indude a discussion of the potential water impacts attributable to
the proposed Project, based on applicable significance criteria. It is assumed that the City or Project
Applicant will provide a conceptual grading plan and/or drainage plan that shows the location of
stormwater treatment features and low impact development (LID) measures. Any hydrology studies
will be documented and incorporated into this section of the IS. The section will be prepared under
the direction of a Registered Engineer in the State of California.
i. Land Use and Planning
PlateWorks will review the Project's compliance with the public policy documents that address the
site, including the General Plan and Zoning Ordinance. Existing and planned land uses around the
Project site will be documented, and the Project will be evaluated for compatibility with surrounding
land uses.
j. Noise
PlaceWorks will prepare a noise and vibration analysis for the Project. Due to its location and the size
of development, long-term operational impacts and land use compatibility will be discussed
qualitatively. The focus of this analysis will be to assess temporary noise and vibration impacts during
Project construction using industry-standard analysis techniques and using scheduling, equipment
mix, hauling, and truck trip information, as provided by the Project Applicant. Mitigation measures will
be recommended, as necessary, to reduce potential noise and vibration impacts to less than
significant levels and to comply with the City of Cupertino. Municipal Code Standards in Section
10.48.053. The findings of the noise and vibration analyses and impact assessment will be provided in
the IS/MND, and pertinent calculations and technical information will be provided as an appendix to
the IS/MND.
k. Population and Housing
The Population and Housing section will discuss the Project's consistency with the General Plan and
General Plan EIR.
I. Public Services and Recreation
The Public Services and Recreation section will discuss the Project's consistency with the General Plan
and General Plan EIR.
m. Traffic and Transportation
PlaceWorks will prepare a qualitative analysis of traffic and transportation, including an estimation of
new vehicular trips during the peak hours and daily. The analysis will also include a review of site
access for adequacy including sight distance and safety and, if necessary, recommendations to
minimize potential impacts. The section will be prepared under the direction of a Professional
Transportation Planner in the State of California.
~ PLACEWORKS
n. Utilities and Infrastructure
PlaceWorks will evaluate potential impacts related to wastewater treatment and water supply
infrastructure, stormwater infrastructure, solid waste disposal and energy conservation. As part of this
evaluation, PlaceWorks will contact utility providers for background information and assistance with
impact assessments and the mitigation recommendations.
Task C.2. Mitigated Negative Declaration
If it is determined that potential impacts from construction or operation of the Project can be avoided
through changes to the Project, or mitigated to less-than-significant levels in accordance with CEQA
Guidelines Section 15070, a Mitigated Negative Declaration (MND) will be prepared.
In the event that the Initial Study determines the Project would result in one or more significant
impacts that cannot be mitigated to a less-than-significant level, an EIR would be required under
CEQA. PlaceWorks would be available to prepare an EIR, if required, subject to a contract modification
providing scope and budget for this additional service. If an EIR is required, PlaceWorks will leverage
the comprehensive Initial Study to "scope out" impact areas where no significant impact would result
so as to focus the EIR on key issues.
Task C.3. Mitigation Monitoring or Reporting Program
Concurrent with the preparation of the Draft IS/MND, w'e will prepare a Mitigation Monitoring or
Reporting Program (MMRP) for the mitigation measures included in the IS/MND pursuant to the City's
policies and procedures. The MMRP, shown in tabular form, will identify responsibility for
implementing and monitoring each mitigation measure, along with monitoring triggers and reporting
frequencies.
Task C.4. Notice of Intent
PlaceWorks will draft a Notice of Intent (NOi) of an MND pursuant to CEQA Guidelines, Section 15072.
PlaceWorks will work together with the City to prepare a master distribution list. PlaceWorks staff will
be responsible for circulation to the State Clearinghouse, and mailings to local, regional, and State
agencies. City staff will be responsible for local noticing.
The IS/MND, MMRP, and NOi will be submitted to the City of Cupertino for review, as follows:
Deliverables:
» IS/MND
• Administrative Draft 15/MND. PlaceWorks will submit one electronic copy and up to 10 hard
copies of the first draft to the City for review. The City will provide PlaceWorks with a single
consolidated set of comments on the report. This assumes that PlaceWorks will respond to one
round of comments on the Administrative Draft received from the City.
• 5creencheck Draft 15/MND. PlaceWorks will submit a revised, second draft to City staff as an
electronic "screencheck." PlaceWorks assumes that a minimal level of effort, not exceeding
four hours, would be required to respond to any comment from the City on the Screencheck
Draft IS/MND.
~ PLACEWORKS
• 15/MND. PlaceWorks will provide the City with one electronic copy and up to 20 hard copies.
Consistent with State of California Office of Planning and Research CEQA document submission
requirements and recommendations, PlaceWorks will prepare a Notice of Completion {NOC) and
produce 15 copies of the IS/MND. PlaceWorks will simultaneously complete and submit the
Notice of Intent to Adopt {NOi) form to the State Clearinghouse.
» MMRP
• Administrative Draft MMRP. PlaceWorks will submit this first draft to the City for review in paper
and electronic formats. The City will provide PlaceWorks with a consolidated set of comments on
the MMRP. This assumes one round of review and comments by the City .
• Screencheck Draft MMRP. PlaceWorks will submit a revised, second draft of the MMRP to City
staff as an electronic "screencheck" prior to printing. This assumes one round of review and
comments by the City.
• MMRP. Place Works will submit a final MMRP to the City in electronic format.
TASK D: PUBLIC REVIEW AND RESPONSE TO COMMENTS
A 30-day public review period will be required under CEQA. During this period, PlaceWorks will attend
one hearing to present the conclusions of the IS/MND and receive comments on it.
Following the close of the public review period, PlaceWorks will respond to substantive comments
received on the 15/MND in a memorandum form. This scope of work includes 16 hours of staff time to
respond to comments in an Administrative Draft Response to Comments Memorandum. If an
unforeseen amount of time is required to address comments received on the IS/MND, a contract
amendment will be required.
We will prepare an Administrative Draft Response to Comments Memorandum for review by City
staff. Based on City staff comments, we will complete revisions and deliver a Final Response to
Comments Memorandum. The memorandum will be submitted electronically.
Deliverab/e(s):
• Administrative Draft Response to Comments Memorandum
• Final Response to Comments Memorandum
TASK E: ADOPTION
Steve Noack, PlaceWorks Principal-in-Charge, will attend one Planning Commission and one City
Council hearing on the approval and adoption of the Project and IS/MND.
Within five days of approval of the Environmental Checklist/MND, Place Works will prepare a Notice of
Determination (NOD) for submittal to the County Clerk. City staff will submit the NOD to the County
Clerk and pay all applicable filing fees at the time of posting. The budget does not include payment of
any filing fees.
Deliverable(s):
• Notice of Determination (NOD)
• Final IS/MND
~ PLACEWORKS
Proposed Schedule
As shown in Table 1, we anticipate that we can prepare the IS/MND within six months. This estimate is
based on our experience with similar projects, and our experience managing CEQA projects in
Cupertino. We will work with City staff to prepare a detailed schedule when we enter into a contract.
Cost Estimate
As shown in Table 2, the cost to complete this work is $35,188. This cost does not include optional
tasks.
Acknowledgement
This proposal shall remain valid for a period of 90 days from the time of submittal. The attached
Service Authorization, which includes our General Terms of Consulting Agreement, is a part of this
proposal. If the contents of this Proposal and Agreement are satisfactory, please indicate your
approval by signing the Service Authorization and sending it to our Corporate office. As Principal, I am
authorized to bind PlaceWorks and the project team to the contents of this proposal.
We look forward to working with you to bring about the successful completion of this project. If you
have any questions regarding the contents of this proposal, please feel free to contact me.
Respectfully submitted,
PlaceWorks
QJ,., --/!J J / qJfl{7' j If UN/
Steve Noack, AICP
Principal
Table 1 Proposed Schedule
Task A -Project Initiation and Management
Kick-Off Meeting City/PlaceWorks
Task B -Project Description
Draft Project Description
Review Project Description
Final Project Description
Task C -Environmental Review
Draft Initial Study
Review Initial Study
Screencheck Draft Initial Study
Reivew Screencheck Initial Study
Final Initial Study
Task D -Public Review and Response to Comments
Task E -Adoption
Notes:
City of Cupertino
Place Works
Public Review Period
Meetlngs/l-learings
Production and Delivery
20-day Public Review
Draft Response to Comments/MMRP
Review Draft Response to Comments/MMRP
Final Response to Comments/MMRP
MND Public Hearing
File NOD
Place Works
City
PlaceWorks
Place Works
City
Place Works
City
PlaceWorks
Place Works
City
Place Works
City
PlaceWorks
City
City
5
5
5
10
5
5
5
5
5
20
5
5
5
2
1
Month
I ~~11111111111111111
I
,~, ~
~J %1
,.
~
IJ
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Ill~
TABLE2 COST ESTIMATE
Hours per Task
A. Kick-Off Meeting and Project Site Tour
1. Kick-Off Meeting and Project Site Tour
B. Project Description
C. Environmental Review
1. Initial Study
2. Mitigated Negative Declaration
3. Mitigation Monitoring or Reporting Program
4. Notice of Intent
D. Public Review and Response to Comments
E. Adoption
Total Hours
Billing Rate
Labor Cost
Total Firm Labor Cost
EXPENSES
Mileage (@ $0.565 per mile)
Printing
Office Expenses (Phone, Fax, Copies, etc. @ 23 of Labor)
Data Purchase I Modeling
Total Expenses
TOTAL
Senior
Principal Associate
0
4
4
1
16
0
21
$200
$4,200
8
8
2
12
9
0.5
3
4
29
$175
$5,075
Senior
Engineer
20
20
20
$170
$3,400
(@PLACEWORKS
Place Works
Senior
Associate Planner Project
Engineer Noise/Trans Associate Planner
29
29
29
$135
$3,915
24
24
24
$145
$3,480
8
8
3
18
15
4
4
37
$135
$4,995
6
30
24
2
2
2
8
2
46
$105
$4,830
Graphics/
Planner WP
2
29
29 0
0
0
0
3
1
29 6
$85 $80
$2,465 $480
$32,840
216
975
657
500
$2,348
$35,188
Labor Cost
per Task
2,480
2,480
1,5_45
21,740
20,180
433
520
520
2,345
4,730
$32,840
@Rft.No-l'OTAL: $3s,122 J
Exhibit D
Insurance Requirements and Proof oflnsurance
Proof of insurance coverage described below is attached to this Exhibit, with City named
as additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate -all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the
amounts of $1,000,000 will be considered equivalent to the required
minimum limits shown above.
(3) Automotive:
(4)
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
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.