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23-017 Placeworks for General Plan Update
General Plan Update Page 1 of 9 Professional/Consulting Contracts /Version: October 2021 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1.PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and PlaceWorks, Inc. (“Contractor”), a Corporation for General Plan Update, and is effective on the last date signed below (“Effective Date”). 2.SERVICES Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 3.TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on June 30, 2024 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by June 30, 2024. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. 4.COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $863,442.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending General Plan Update Page 2 of 9 Professional/Consulting Contracts /Version: October 2021 claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. Should any court, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS), the Internal Revenue Service or the State Employment Development Division, determine that Contractor, or any of its employees, agents, or subcontractors, is an employee for any purpose, then Contractor agrees to a reduction in amounts payable under this Agreement, or to promptly remit to City any payments due by the City as a result of such determination, so that the City’s total expenses under this Agreement are not greater than they would have been had the determination not been made. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. General Plan Update Page 3 of 9 Professional/Consulting Contracts /Version: October 2021 Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records General Plan Update Page 4 of 9 Professional/Consulting Contracts /Version: October 2021 Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor 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 will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: (a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in General Plan Update Page 5 of 9 Professional/Consulting Contracts /Version: October 2021 the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. General Plan Update Page 6 of 9 Professional/Consulting Contracts /Version: October 2021 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Luke Connolly as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Charlie Knox as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of General Plan Update Page 7 of 9 Professional/Consulting Contracts /Version: October 2021 California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings 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. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this General Plan Update Page 8 of 9 Professional/Consulting Contracts /Version: October 2021 Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25.SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26.NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Luke Connolly Email: lukec@cupertino.org To Contractor: PlaceWorks, Inc. 3 MacArthur Pl, Ste. 1100 Santa Ana, CA 92707 Attention: Charlie Knox Email: cknox@placeworks.com 27.EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date Keith McCann CEO/CFO 2-23-23 Pamela Wu City Manager Mar 9, 2023 General Plan Update Page 9 of 9 Professional/Consulting Contracts /Version: October 2021 APPROVED AS TO FORM: CHRISTOPHER D. JENSEN Cupertino City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk Date Christopher D. Jensen Mar 9, 2023 DATE February 14, 2023 TO: City of Cupertino CONTACT: Pamela Wu, City Manager FROM: Charlie Knox, Tammy Seale, and Terri McCracken CC: Luke Connolly, Acting Director of Community Development SUBJECT: City of Cupertino – General Plan 2040 and Zoning Code Amendments, and Subsequent EIR Please accept the attached submittal as PlaceWorks’ proposal to prepare the updates to the City of Cupertino General Plan 2040, also known as the Community Vision 2015-2040, Health and Safety Element and Land Use and Community Character Element, and Zoning Code for consistency with City’s 6th Cycle Housing Element, together referred to as the proposed project, and the associated Subsequent Environmental Impact Report (SEIR) to the General Plan Amendment, Housing Element Update, and associated Rezoning Project EIR that was certified by the Cupertino City Council in December 2014 and the subsequent addenda to the EIR.1 The SEIR will address impacts from all components of the proposed project. Charlie Knox, Principal, and Erika Lindstrom, Associate, will lead the updates to the Mobility and Land Use and Community Design Elements, and Zoning Code to implement the City’s 6th Cycle Housing Element update. Tammy Seale, Principal, and Eli Krispi, Senior Associate, will lead the update to the Health and Safety Element. Terri McCracken, Associate Principal, and Jacqueline Protsman Rohr, Associate, will lead the preparation of the Subsequent EIR. Terri and Jacqueline will serve as the day-to-day contacts throughout the course of the preparation of these documents. This proposal shall remain valid for a period of 120 days from the time of submittal. I am authorized to bind PlaceWorks to the contents of this proposal. Please don’t hesitate to contact me if you need more information. We look forward to the prospect of working with you. Sincerely, PLACEWORKS Charlie Knox Principal 2040 Bancroft Way, Suite 400 Berkeley, CA 95704 510.848.3815 | cknox@placeworks.com 1 City of Cupertino, certified General Plan Amendment, Housing Element Update, and Associated Rezoning EIR, (December 2014) State Clearinghouse Number 2014032007, and approved Addenda (October 2015, July 2019, August 2019, December 2019, October 2021). 2 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR SCOPE OF SERVICES Project Initiation, Management, and Coordination 1.1 Project Kick-off PlaceWorks together with Fehr & Peers will participate in a kick-off meeting with the City staff that focuses on the program components that will be evaluated in the Subsequent EIR (SEIR), and the SEIR itself. The kick-off meeting will allow for a review of project goals, communication protocols, project schedule, work plan, data needs, status of current and planned efforts that are relevant to the project, confirmation of the Health and Safety Element template, and the proposed approach to staff and community engagement. This meeting will establish the project management procedures, including invoicing terms and communication protocols, and data collection approach. We will also discuss how recent work completed for the Climate Action Plan 2.0 and ongoing work for the Santa Clara County Multi-Jurisdictional Hazard Mitigation Plan can be integrated into the Health and Safety Element update and can further inform the update. Task 1.1 Deliverables: −Kick-off meeting agenda, data needs list, and meeting minutes (electronic copies). −Agenda and notes for subsequent calls with staff (electronic copies). 1.2 Project Management and Coordination Our project management team includes Charlie Knox, Principal, for the Mobility and Community Design and Land Use Elements, and Zoning Code updates; Tammy Seale, Principal, for the Safety Element update; and Terri McCracken, Associate Principal, for the EIR. Erika Lindstrom, Associate, Eli Krispi, Senior Associate, and Jacqueline Protsman Rohr, Associate, will serve as the Project Managers for the listed project components, respectively. Terri and Jacqueline will serve as the day-to-day contacts for overall project management and will oversee the coordination of the regular status conference calls. Terri will also be responsible for overseeing the budget and schedule throughout the preparation of the EIR. Jacqueline will be responsible for overall team coordination throughout the preparation of the SEIR. In addition, PlaceWorks’ project team will: Reallocate any remaining funds to other tasks within the scope when tasks are completed under budget. Send all draft documents through quality control in advance of submitting to the City for review. Keep an update to date schedule of the project PlaceWorks will coordinate with City staff to schedule project status meetings on a routine basis. We offer meeting flexibility to match project needs by conducting a mix of phone and web-based check-in meetings as appropriate to the task. Prior to each meeting, we will work with staff to draft an agenda, determine the most appropriate format, and identify the necessary participants. We recommend and have scoped for semimonthly meetings. The length of each meeting will vary depending on the phase and the agenda, but for the purposes of this scope of work, we have assumed up to 22 meetings averaging one hour each. The status meetings would be in addition Exhibit A GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 3 to regular email and phone communication between project team members. Staff from Fehr & Peers will join up to 12 conference calls. Task 1.2 Deliverables: −Monthly Project Management −Up to 22 semimonthly Status Meeting Agendas and Summaries (electronic copies). −Agenda and notes for subsequent calls with staff (electronic copies). 1.3 Data Collection The PlaceWorks team will review all relevant documents pertaining to the proposed project for baseline information to be included in the SEIR, as well as existing conditions for the Safety Element. This review will include the General Plan: Community Vision 2015-2040 and the associated EIR, Zoning Code, the Standard Environmental Conditions of Approval, 2017 Santa Clara County Operational Area Hazard Mitigation Plan (HMP), and 2019 Emergency Operations Plan, among others. The PlaceWorks team will conduct independent research, conduct field studies, and contact public service providers to ensure the CEQA document contains the most up-to-date information, as needed to inform the environmental analysis. Task 1.4 Deliverables: −List of data needs for the CEQA document and Health and Safety Element (electronic copies). 1.4 Administrative Record During the course of the project, the PlaceWorks team will be mindful of record keeping for the purpose of building the administrative record for the SEIR. At the completion of the SEIR, PlaceWorks will compile all documents in the administrative record and electronically submit them to the City. Task 1.5 Deliverables: −Draft and Final Administrative Record in Excel to the City at the completion of the project Health and Safety Element Update The Health and Safety Element serves as Cupertino’s comprehensive strategy to reduce the risks posed by natural and human-caused hazards to community health and safety. The regulatory framework and the realities of hazards and emergency conditions have evolved in the past decade. Safety elements are now required to include more information about flood and wildfire risks and responses, to include increased analyses of evacuation issues, and to comprehensively address the short-term and long-term threats posed by climate change. The PlaceWorks team will prepare an updated Health and Safety Element that complies with all applicable State laws to protect public health, safety, and welfare. Our approach to this update is to address key issues related to natural and environmental hazards in Cupertino while being responsive to the requirements of the California Government Code and State agencies. 4 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR We will streamline the element by creating policies that address multiple issues of concern and provide multiple benefits. Although many of the public safety and climate adaptation and resiliency goals and policies have an obvious home in the Health and Safety Element, achievement of the goals and implementation of policies requires a cross-sector approach. 2.1 Community Outreach and Engagement Community outreach and engagement in the update of the Health and Safety Element will be integrated with outreach and engagement for the Zoning Code update since the project components will be updated on the same schedule and have community-wide benefits and considerations. Community Engagement Support We understand community outreach and engagement will be led by City staff. To support staff’s efforts, the PlaceWorks team will provide content related to the Safety Element update for use in presentations during community workshops or study sessions and in City communications, including the website, newsletters, and social media posts. Planning Commission and City Council Study Sessions (Optional) As an optional task, the PlaceWorks team will support staff with presentations to and discussions in up to two study sessions with the Planning Commission and/or City Council, as requested by staff. We assume study sessions will focus on the review and discussion of the Public Review Draft version of the Health and Safety Element, with a meeting of the Planning Commission and City Council for each. Community Workshops (Optional) As an optional task, PlaceWorks can assist with in-person and/or virtual workshops to support the Health and Safety Element update. These workshops may involve presentations and interactive online exercises that inform, engage, and support collaboration and community building community while providing essential guidance and input to the project team. PlaceWorks has extensive experience with online community engagement, specifically hosting workshops or webinars using Zoom and engaging online tools; as well as in-person workshop using strategies such as small group discussions and open-house style meetings. Our approach to workshops can include small group discussions, an open‐house, or listening session approach, depending on the needs of the project and preferences of the community. For up to two events, PlaceWorks can prepare an event approach, digital flyer, participant guide, facilitator guide, training, event facilitation and logistics, and post‐event summaries as desired by City staff. Cost per workshop depends on the necessary materials and the number of PlaceWorks staff attending the workshop, if any. Our budget assumes participation of four PlaceWorks staff in each workshop, whether it is virtual or in person. PlaceWorks assumes that City staff would promote the community workshop through the project website, social media, and other means. We can provide additional materials and staff, or support additional workshops, for an additional cost. GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 5 Task 2.1 Deliverables: −Health and Safety Element related content (text and supporting graphics) for use on the City’s website, in other communications, and in staff presentations or reports to provide updates and information on the Element update and process. −Optional Study Sessions o Attendance of PlaceWorks staff at two study sessions. If meetings are in-person, the PlaceWorks project manager will attend for the PlaceWorks team. o Draft/Final presentation (electronic: PowerPoint and PDF) −Optional Virtual Community Workshops o Attendance of up to four PlaceWorks staff at up to two community meetings. o Hosting of up to two virtual trainings total (one per workshop) for those helping with the workshops. o Administrative draft and final workshop materials (event approach, digital flyer, PowerPoint, participant guide, facilitation guide, post event summary, etc.). 2.2 Background Report and Vulnerability Assessment Existing Plan Review The PlaceWorks team will review the existing Health and Safety Element for consistency with general plan requirements as codified in California Government Code Section 65302(g), as updated by SB 1241, 379, 1035, and 99, among others. The team will review the existing Health and Safety Element and identify existing content that should be updated in addition to new content that should be added to comply with State law. We will identify any gaps in the existing Health and Safety Element, including those created by recent changes to state legislation or emerging best practices. Following review of the Health and Safety Element and identification of updated and new content required for compliance with California Government Code Section 65302(g), the PlaceWorks team will review other existing City plans, such as the 2019 Cupertino Climate Change Risk and Vulnerability Assessment, 2017 Santa Clara County Operational Area Hazard Mitigation Plan (HMP), 2019 Emergency Operations Plan, Silicon Valley 2.0, and the 2016 Santa Clara County Community Wildfire Protection Plan (CWPP), Cupertino Annex, which could be used to support compliance with Section 65302(g). We will review these plans and programs for best practices and for recent content that could be integrated into the updated Health and Safety Element. PlaceWorks will prepare an existing plan review crosswalk, which will compare the Government Code requirements with the content in the existing Health and Safety Element, along with other hazard and adaptation planning documents, to identify gaps that can be addressed during the update process. The plan review crosswalk, provided in an Excel format, will provide recommendations on how to address regulatory gaps in the existing Health and Safety Element, either through integration of existing technical studies and analyses, policies, or other content, as well as updates of existing information, and preparation of new analyses, maps, or content. This task will also include an assessment of current goals, policies, and programs in the Health and Safety Element, and recommendations for whether to remove, modify, or keep these policies to meet State requirements. We will identify applicable and relevant HMP mitigation strategies, CWPP programs, and other relevant strategies to address climate change and integrate climate change adaptation into goals and policies. The policy review will determine what has been 6 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR implemented and what is working in the city, and programs that can be added to meet the future needs of the community. Vulnerability Assessment Update State law requires local governments to prepare a vulnerability assessment to inform preparation of climate adaptation and resiliency goals, policies, and strategies in the Safety Elements of their General Plans. PlaceWorks understands that a Preliminary Vulnerability Assessment was prepared in June 2021, which was peer reviewed during the Climate Action Plan update in May 2021 and revised into the Adaptation Foundations and Vulnerability Assessment in March 2022. The PlaceWorks team will update the Vulnerability Assessment to be consistent with guidance from the California Adaptation Planning Guide. In accordance with Cal-Adapt, the update will focus on ensuring consideration of an average of the four state-recommended priority climate models based on the Representative Concentration Pathway 8.5, which represents a business-as- usual scenario. The assessment will help identify issues to be addressed by the new and revised policies in the Safety Element and will be prepared in accordance with the adaptation planning process identified in the California Adaptation Planning Guide. Our team has prepared similar vulnerability assessments for dozens of communities, including the nearby cities of San Carlos and San Leandro. Consistent with State guidance, PlaceWorks will ensure the Vulnerability Assessment includes information available from federal, state, regional, and local agencies that will assist in developing the vulnerability assessment and the adaptation policies and strategies. We will rely on the most accurate and up-to-date science on the effect of climate change, using Cal-Adapt, the California Fourth Climate Assessment, the ABAG Hazard Viewer, local studies and reports, and all other relevant sources. PlaceWorks will prepare a list of all additional hazards, populations, and assets recommended for inclusion in the updated Vulnerability Assessment, based on the May 2021 peer review memo, our understanding of the conditions in Cupertino, recommendations from the California Adaptation Planning Guide and the California Climate Adaptation Strategy. The PlaceWorks team will use the hazards, populations, and community assets to evaluate how vulnerable the city is to climate change hazards. Preliminary recommended changes include mapping climate change hazards where data is available, considering additional vulnerable populations in the analysis, and working with City staff to confirm adaptive capacity. These results will be translated into a quantitative vulnerability score, ranging from one (minimum vulnerability) to five (severe vulnerability). PlaceWorks will rely on the analyses completed to date, including the Preliminary Vulnerability Assessment, Cupertino Climate Change Risk and Vulnerability Assessment Peer Review Memo, and the Adaptation Foundations and Vulnerability Assessment. The results of the scoring will be integrated into the Background Report (Task 2.2.c). Background Report After the City staff has reviewed and provided a consolidated set of comments on the review of the existing Health and Safety Element and the Vulnerability Assessment update, the PlaceWorks GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 7 team will prepare a comprehensive Background Report that will provide hazard-specific information and details to meet Government Code requirements. The Background Report content will provide details on all hazards affecting the city, including geologic and seismic hazards, flooding, fire hazards, hazardous materials, and additional climate change hazards covered in the Vulnerability Assessment. Each hazard section will define the hazard and extent of the hazard, include applicable mapping of the hazard, provide an overview of historic occurrences, explain the likelihood of future occurrence, describe how climate change will affect the likelihood and severity of future occurrences, and provide implications for the Health and Safety Element update. We will also include a section on emergency preparedness and response that will cover evacuation constrained areas, agencies responsible for emergency response, and mutual-aid agreements. The Vulnerability Assessment update will be summarized in each hazard section of the Background Report and factored into the recommendations for the updates to goals, policies, and programs. Mapping for Background Report and Safety Element The California Government Code requires that the Safety Element includes up-to-date maps. The PlaceWorks Geographic Information System (GIS) team will prepare a comprehensive set of maps for the Health and Safety Element that will include data from the California Department of Forestry and Fire Protection (CAL FIRE), Federal Emergency Management Agency (FEMA), California Geological Survey (CGS), California Department of Water Resources (DWR), and other state or regional agencies. We will prepare a base map with community facilities and infrastructure, and once reviewed and approved by City staff, we will use the base map to create the hazard maps for the Background Report. To meet SB 99 requirements, our GIS team will also create a map showing evacuation-constrained residential parcels based on the existing evacuation route framework in the city. The PlaceWorks team will also map evacuation routes based on the City’s Emergency Operations Plan. After City staff review and provide a consolidated set of comments, PlaceWorks will add the maps into the Final Background Report and will integrate them into the updated Safety Element. Task 2.3 Deliverables: −Existing Plan Review Crosswalk (electronic copy) −Policy Review Matrix (electronic copy) −Administrative and Final Draft memo identifying climate hazards, populations, assets, and existing adaptive capacity identified in the 2022 Adaptation Foundations and Vulnerability Assessment (electronic copies) −Administrative and Final Vulnerability Assessment Scoring Workbook (electronic copies) −Administrative and Final Draft Background Report (electronic copies) −A set of draft PDF maps (electronic copy) 2.3 Update Health and Safety Element The current (2015) Health and Safety Element addresses emergency preparedness and regional coordination, fire safety, public safety, hazardous materials, electromagnetic fields, geologic and seismic hazards, flood hazards in Cupertino, and the City’s noise contour maps. However, since the regulatory context for safety elements has changed since 2015, we will need to prepare a comprehensive update to comply with current California Government Code requirements. 8 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR Prepare Draft Goals, Policies, and Programs The PlaceWorks team will coordinate with City staff to develop goals, policies, and implementation measures (programs or actions) for the Health and Safety Element based on the results of the Background Report and Vulnerability Assessment. We will collaborate with the City to draft goals to improve resiliency throughout the community and adapt to changing climate conditions. The goals will help provide increased protection for all populations and assets, but with particular emphasis on the populations and assets identified most at risk in the Vulnerability Assessment. These goals will also help ensure compliance with recent state requirements for flooding, wildfire, and seismic/geologic hazards. After City staff review and confirm the goals for the updated Health and Safety Element, the PlaceWorks team will work with City staff to prepare draft policies and implementation programs that effectively address State requirements, the results of the Vulnerability Assessment, and other relevant issues to Cupertino. The topics covered by these measures may include the siting of new public facilities and the relocation of existing ones, hardening existing buildings and infrastructure systems against floods and other hazards, increasing social resiliency among disproportionately affected persons, supporting effective evacuations, coordination with other relevant agencies, and other issues as appropriate. We will preserve existing Health and Safety Element policies as appropriate, revising existing policies where necessary. PlaceWorks will provide one draft version for City staff review. We request City staff provide a consolidated set of comments in Word using tracked changes. Administrative Draft Safety Element After City staff review and confirm the draft goals, policies, and programs, the PlaceWorks team will prepare a formatted administrative draft Health and Safety Element. We will reference the information in the Background Report and develop brief overviews of the hazards for each section, as well as mapping to meet Government Code Section 65302(g) requirements. The Background Report can be referenced as an Appendix or Attachment to the Health and Safety Element. The Administrative Draft Health and Safety Element will include the same hazards and topic areas covered in the Background Report with the addition of goals, policies, and programs developed as part of Task 2.4.a. We recommend the updated Health and Safety Element integrate the most recent version of the Santa Clara County HMP, 2016 CWPP, and other existing plans into the Element, ensuring increased capabilities for preventing, responding to, and mitigating future hazard events and having access to state and federal grant resources if emergencies or hazard events occur. We will provide this administrative draft to City staff for review, and we request City staff provide a consolidated set of comments in Word using tracked changes. Public Review Draft Safety Element After receiving a consolidated set of City staff comments on the administrative draft Health and Safety Element, PlaceWorks will prepare a revised version of the Health and Safety Element for public review and distribution. The public review version of the Health and Safety Element will be in the InDesign format of the current Community Vision 2015-2040 document. PlaceWorks will provide a strikethrough and underline, as well as a clean version of the Element. This will provide City officials, members of the public, and other interested agencies and jurisdictions the opportunity to provide input and comment on the Health and Safety Element. We will provide a GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 9 screencheck draft, in Word, to staff for confirmation that staff’s changes were made as requested and then provide a version for public distribution. State Agency Review Currently, parts of Cupertino are in a CAL FIRE-designated Very High Fire Hazard Severity Zone (VHFHSZ) in a Local Responsibility Area, which means the City is required to submit the draft Health and Safety Element for review by CAL FIRE/Board of Forestry and Fire Protection. CAL FIRE is currently updating the Local Responsibility Area mapping, and so these designations may change during this project. As applicable, we will coordinate with CAL FIRE for informal pre-review of the 2015 Health and Safety Element to identify initial recommendations on fire safety that we will incorporate into the updated element. We will submit the updated Health and Safety Element for review to CAL FIRE at the time of the public review, and will incorporate recommendations from CAL FIRE as appropriate. We will also coordinate with the California Office of Emergency Services, OPR’s Integrated Climate Adaptation and Resiliency Program, and the Department of Conservation’s California Geological Survey as necessary and appropriate. State agency reviews should begin at least 90 days prior to the public hearings and adoption of the updated Health and Safety Element. Task 2.4 Deliverables: −Draft Health and Safety Element goals, policies, and programs (electronic copy) −Administrative Draft Health and Safety Element (electronic copy) −Public Review Draft Health and Safety Element (electronic copies consistent with the General Plan 2040 [see Task 2.4.c]) −CAL FIRE review matrices (electronic) −Consultation with state agencies as applicable −Virtual attendance at one Board of Forestry and Fire Protection meeting 2.4 Public Hearings Public Hearing Draft and Final Safety Element After the PlaceWorks team receives a consolidated set of comments on the Public Review Draft Health and Safety Element from the City, which will include comments from community stakeholders, and commenting state agencies, as well as recommendations CAL FIRE, we will revise the Health and Safety Element as appropriate to respond to these comments. PlaceWorks will prepare a Public Hearing Draft Health and Safety Element for City staff to take through the local adoption process and a Final Health and Safety Element after the local adoption process is completed. We will also support staff with the preparation of adoption resolutions and ensure that the resolution for adoption contains the right text to comply with AB 2140, incorporating the HMP into the Health and Safety Element. Public Hearings PlaceWorks will support the City through the formal review of the Health and Safety Element update by the Planning Commission and City Council. The Safety Element team will participate in up to two public hearings. Our scope and budget assume one Planning Commission hearing and one City Council hearing for adoption of the Safety Element. PlaceWorks staff will support City 10 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR staff with the preparation of required staff reports and PowerPoint presentations and be prepared to lead or support presentation of the project during each hearing. City staff will be responsible for all required public noticing and production of any printed materials for each meeting. PlaceWorks can support additional meetings on a time-and-materials basis at the request of City staff. Task 2.5 Deliverables: −Public Hearing Draft Health and Safety Element (electronic copy) −Final Health and Safety Element (electronic copy) −Content for the City resolution to support integration with the HMP −Support with Planning Commission and City Council staff reports and presentations −In-person presentation to Planning Commission −In-person presentation to City Council Mobility and Land Use and Community Character Elements, and Zoning Code Updates PlaceWorks Principal Charlie Knox and Associate Erika Lindstrom will lead an update to the Mobility and Land Use and Community Character Elements, and Zoning Code to implement the City’s 6th Cycle Housing Element update. The Zoning Code update will demonstrate consistency with the new Housing Element to the California Department of Housing and Community Development. PlaceWorks will review the existing Land Use and Community Character Element and Zoning Code to determine the required updates to be consistent with the Housing Element update. After this review, PlaceWorks will meet with City staff to discuss any gaps in the Land Use and Community Character Element and Zoning Code, as well as determine any additional components that should be considered in the Zoning Code update. Changes to City standards and regulations necessary to implement the actions of the Housing Element are anticipated to include parcel-specific rezoning and may include targeted updates to one or more City-adopted Specific Plans. The proposed Mobility Element update would reflect changes in the standard method of measuring transportation impacts from level of service to vehicle miles traveled. The updates will thoughtfully and meaningfully engage the Planning Commission, City Council, and Cupertino community in assigning appropriate levels of increased density in the neighborhoods identified for the addition of new housing. PlaceWorks anticipates two community-wide open houses (one to solicit input on initial rezoning ideas and one to present draft zoning changes for comment), three focus group meetings (with housing developers, housing advocates, and partner agencies), and presentations at up to two Planning Commission and two City Council meetings. PlaceWorks will prepare the outreach materials for each engagement component, including event approaches, PowerPoints, digital flyers, agendas, group meeting questions, among others. The proposed scope of work includes providing summaries (in Word and PDF format) after each of the outreach events. The Land Use and Community Character Element and Zoning Code updates will be structured to expedite the approval and construction of housing, especially below market rate housing, and will include site development standards to ensure neighborhood compatibility and the provision of important amenities for current and new city residents. Once the revisions to the Mobility and Land Use and Community Character Elements are confirmed, PlaceWorks will update the GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 11 InDesign file of the element in strikethrough and underline to show the recommended changes. The approval of the Zoning Code update and Land Use and Community Character Element update will coincide with the approval of the Housing Element and Health and Safety Element updates following the City Council certification of the Subsequent EIR. Task 3 Deliverables: −Community open house, focus group, and City meeting materials (electronic copies) −Community open house, focus group, and City meeting summaries (electronic copies) −Administrative, Screencheck, and Public Draft zoning text (electronic copies) −Administrative, Screencheck, and Public Draft Land Use and Community Character Element revisions (electronic copies) SEIR Scoping PlaceWorks Associate Principal Terri McCracken and Associate Jacqueline Protsman Rohr will lead the preparation of the Subsequent EIR. The Subsequent EIR approach will use the approved General Plan as the baseline and evaluate the incremental increase in housing and population related to the Housing Element Update. 4.1 Notice of Preparation PlaceWorks will draft a Notice of Preparation (NOP) that will include a brief project description and a description of the topics to be analyzed in the EIR. The NOP will be prepared pursuant to CEQA Guidelines Section 15082. PlaceWorks will work with the City to prepare a master distribution list for the NOP. PlaceWorks staff will be responsible for circulation to the State Clearinghouse and for mailings to local and regional agencies. PlaceWorks will assist with submitting the NOP to the Santa Clara County Clerk, but it is assumed the City staff will take care of any in-person postings with the Clerk. Task 4.1 Deliverables: −Administrative and Public Draft NOP (electronic copies). 4.2 Scoping Meeting During the 30-day comment period for the NOP, PlaceWorks staff will participate in a public scoping meeting to hear comments on the suggested environmental issues to be addressed in the EIR. PlaceWorks will prepare supporting material as needed, including PowerPoint presentations, comment cards, and sign-in sheets for the scoping. Terri McCracken, joined by one other PlaceWorks staff member, will facilitate the CEQA portion of the scoping meeting. The scoping meeting is assumed to be a maximum of 2 hours. Our scope of work does not include the services of a court reporter for the scoping meeting, but we can arrange to have this service provided at the request and cost of the City. Task 4.2 Deliverables: −Scoping meeting materials (e.g., brief presentation (electronic), and comment cards, sign-in sheets (hard copies if in person) −Scoping meetings comment summary (electronic copies) 12 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 4.3 Tribal Consultation Support PlaceWorks will contact the Native American Heritage Commission (NAHC) concurrent with the preparation of the NOP (Task 4.1), regarding the potential presence of burials and sacred lands in the project area and vicinity, and for a listing of Native American individuals and/or organizations that may have interest in the proposed project or have knowledge of cultural resources on or near the city. PlaceWorks will draft letters to the list of entities that the NAHC provides for submittal by the City to notify them of the proposed project. PlaceWorks will document any correspondence resulting from the outreach effort during the 30-day comment period and assist the City, if consultation from one of the tribes is requested. PlaceWorks will work with City staff to integrate language and/or maps, as necessary, of any sensitive areas and appropriate mitigation measures into the EIR. Our scope of work assumes that a representative from the City will initiate and participate in the consultation process. Task 4.2 Deliverables: −Administrative and Final Draft outreach letters to NAHC-identified tribes in Word and PDF files to the City (electronic copies) SEIR Project Description PlaceWorks will draft a project description to include a detailed buildout projections table to clearly demonstrate to the reader the buildout potential for the horizon of the Housing Element compared to what is approved under the current General Plan. The project description will be organized to clearly describe all components of the proposed project at the appropriate level of detail to facilitate future tiering from the SEIR. Task 5 Deliverables: −Administrative and Final Draft Project Description (electronic copies) Environmental Analysis 6.1 Draft Subsequent EIR Administrative Draft Subsequent EIR The PlaceWorks’ team will prepare the technical analysis that will include appropriate mitigation and/or improvement measures as necessary for each environmental topic not scoped out as part of the NOP process, which at this time is anticipated to be agricultural and mineral resources. If it is determined an evaluation of alternatives is necessary, PlaceWorks will prepare the alternatives evaluation for up to two alternatives including the No Project alternative. The evaluation of alternatives will be at a qualitative level. Based on this analysis, the Environmentally Superior Alternative will be identified pursuant to the CEQA Guidelines. PlaceWorks will also prepare the appropriate conclusions to fulfill CEQA requirements by providing an assessment of unavoidable significant environmental impacts; significant irreversible environmental changes; relationship between local short-term uses of the environment and long-term productivity; cumulative impacts; and effects found not to be significant. GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 13 Air Quality and Greenhouse Gas Emissions Analysis PlaceWorks will prepare an air quality, GHG emissions, and community risk and hazards analysis to evaluate impacts associated with the proposed project. The analysis will be prepared in accordance with the Bay Area Air Quality Management District’s (BAAQMD) CEQA Guidelines, which are in the process of being updated by BAAQMD. The approach outlined below is based on BAAQMD’s May 2017 CEQA Guidelines for a Program-Level analyses and their GHG Justification Report (2022). The technical information will be summarized in the Draft EIR and modeling data will be included as an appendix. Mitigation measures to reduce emissions will be incorporated, as necessary, to reduce project impacts. Criteria Air Pollutants and GHG Emissions. The proposed project would intensify housing development within the city, potentially resulting in an increase in regional criteria air pollutant and GHG emissions from transportation, energy, area (i.e., landscape fuel, aerosols, etc.), water/wastewater use, refrigerants, and solid waste disposal. PlaceWorks will model the net increase in regional emissions associated with the RHNA identified in the Housing Element. The transportation sector emissions will be based on daily trips provided by the traffic engineer. Modeling will be conducted using the latest version of the California Emissions Estimator Model (CalEEMod) and emissions will be compared to BAAQMD’s significance criteria. Construction emissions will be addressed qualitative in this program- level EIR. Project Consistency with Plans Adopted to Reduce GHG Emissions. The GHG section will discuss the GHG reduction goals, including Senate Bill 32 (SB 32), Assembly Bill 1279, and SB 375.The California Air Resources Board has adopted the 2022 Climate Change Scoping Plan Update to achieve the SB 32 reduction target and the carbon neutrality goals first established under Executive Order B-55-18. In addition, the Association of Bay Area Governments (ABAG)/Metropolitan Transportation Commission (MTC) has adopted a regional transportation plan/sustainable communities strategy to ensure that the Bay Area can attain the regional transportation-related GHG reduction goals of SB 375. In addition the City recently adopted a Climate Action Plan 2.0 (CAP 2.0). The GHG analysis will include a consistency evaluation of the project with these applicable state, regional, and local plans adopted for the purpose of reducing GHG emissions. Air Quality Management Plan Consistency, CO Hotspots, and Odors. The San Francisco Bay Area Air Basin is in non-attainment 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 EIR. The project is not anticipated to 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 based on BAAQMD’s CEQA Guidelines screening analysis. Noise Analysis PlaceWorks will prepare the noise and vibration technical analyses for the proposed project. The primary source of noise in the City is traffic on major arterials and highways, and local roadways. PlaceWorks will identify major sources of noise in the City and document baseline noise levels based on data collected for the previous General Plan and CEQA documents available. The results of this analysis will be summarized in the EIR and modeling will be provided in an appendix. No noise monitoring is proposed. 14 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR Transportation Noise. The project is anticipated to affect future traffic volumes. Therefore, PlaceWorks will model traffic noise using a version of the U.S. Federal Highway Administration (FHWA) Traffic Noise Prediction Model. Baseline noise from aircraft overflights at the San Jose International Airport will also be updated as needed using available data. No detailed modeling of airport noise is proposed. Stationary Noise. Noise impacts from non-transportation sources will be evaluated on a programmatic level, qualitatively based on local noise standards. PlaceWorks will analyze noise impacts from non-transportation sources (e.g., heating, ventilation, and air conditioning units) in terms of potential impacts to nearby noise-sensitive receptors and the noise limitations identified within the City’s Municipal Code. Construction Noise and Vibration. PlaceWorks will provide a qualitative analysis for potential construction impacts associated with buildout of the Housing Element sites. Future noise and vibration effects from construction activities will be discussed in terms of accepted standards from the U.S. Federal Transit Administration (FTA) and the City’s Municipal Code. Feasible mitigation measures will be identified to minimize noise and vibration impacts associated with buildout of the Plan. Transportation Impact Analysis Consistent with Senate Bill (SB) 743 and the latest CEQA Statute & Guidelines, the City of Cupertino adopted a set of VMT methods and procedures to apply to land use projects in the City in March 2021. The City of Cupertino Transportation Study Guidelines (May 2021) provide the desired approach for evaluating the transportation effects of this project on the City’s transportation system and services. The VMT assessment will determine potential VMT impacts of the proposed project. The proposed project is a housing element that would not meet the City’s size-based or specific land use exemption VMT screening criteria. Therefore, a comprehensive VMT analysis is needed to determine the proposed project’s VMT impacts and mitigation. Except for the VMT under Baseline Conditions and policy summary, Fehr & Peers will not prepare an update to the Existing Conditions summary from the General Plan Amendment, Housing Element Update, and Associated Rezoning Draft EIR (2015). Fehr & Peers’ approach is outlined below. Policy Summary. Fehr & Peers will summarize the City of Cupertino and other jurisdiction plans, programs, and policies, which will be used for the Plan Conflict Evaluation listed below. VMT Modeling. Fehr & Peers have will assume use of the latest Santa Clara Valley Transportation Authority (VTA) travel forecasting model as-is. This travel model will supersede the City travel model used for the General Plan environmental review and the VTA travel model used for the VMT threshold setting. Fehr & Peers anticipates up to 72 hours of staff time to prepare the land use inputs for the City of Cupertino VMT forecasts. Fehr & Peers will prepare total VMT rates, and boundary VMT estimates using the methods per the City of Cupertino Transportation Study Guidelines. Fehr & Peers will prepare VMT estimates for the following scenarios: Scenario 1: Baseline Conditions Scenario 2: Baseline with Project Conditions Scenario 3: Cumulative Conditions Scenario 4: Cumulative with Project Conditions GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 15 City staff will need to define the Baseline Conditions and Cumulative Condition years for this project. If needed the base year (2015) and future year (2040) VMT values from the VTA travel model will be interpolated to develop the desired study year. The total VMT per service population threshold will be derived from the Baseline Conditions VMT forecasts. While the boundary VMT threshold will be derived from the Cumulative Conditions VMT forecast. Transportation Impact Analysis. Once City staff approves the VMT forecasts and VMT thresholds, the environmental analysis portion of the transportation analysis will proceed. The proposed project’s consistency with relevant transportation programs, plans, ordinances, or policies will be qualitatively evaluated by mode of travel – transit and carpool system, roadway system, bicycle system, and pedestrian system. The evaluation will consider the proposed projects direct and indirect effects on baseline transportation services and facilities, planned services and facilities, and physical and operational transportation outcomes of the project compared to relevant transportation policies. Fehr & Peers will compare the estimated project generated VMT and project’s effects on VMT by specific geographic scale (e.g., County-level) against the threshold of significance. If impacts are identified, mitigations for those impacts will be described and qualitatively evaluated. Fehr & Peers will analyze whether the proposed mitigation measures would reduce or eliminate the significant impacts resulting from the project’s implementation. The proposed project is not including transportation improvements; therefore, an assessment of induced automobile travel will not be conducted. Should there be potential impacts, Fehr & Peers will identify policies and programs to reduce the severity or address the project’s direct or indirect impact. Fehr & Peers have included 32 hours to identify potential mitigation measures. To address CEQA requirements, Fehr & Peers will consider additional information that could affect the conclusions of the VMT impact analysis by including a qualitative discussion of the effects of emerging trends like autonomous vehicles and transportation network. Alternatives for Environmental Review. Fehr & Peers will prepare VMT forecasts for one project alternative and provided a qualitative analysis for up to three other project alternatives. The qualitative analysis will discuss the order of magnitude and direction of the potential change in the VMT without conducting additional forecasting and be documented in the transportation analysis report. Documentation. The results of the analysis will be documented in a transportation analysis report that will be used in the environmental review. The transportation analysis report will document all assumptions, analysis procedures, findings, impacts, and recommendations, and be supported by graphics and technical documentation in appendices. In general, the transportation section will consist of a description of the methods used, and analysis results for each scenario. If appropriate, significant transportation impacts will be identified and recommended mitigation measures documented. The transportation analysis will be submitted to City staff for review and comment. Review comments will be incorporated into a draft transportation analysis report. Fehr & Peers’ fee estimate includes 32 staff hours to respond to comments and prepare a draft final transportation analysis report. The draft final transportation analysis report will be submitted to City staff to provide editorial comments. Fehr & Peers’ will spend up to 16 hours preparing the public draft transportation analysis report that addresses editorial comments from City staff. 16 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR Response to Comments on the Draft Environmental Document. Fehr & Peers has included up to 40 hours of staff time to provide response to comments on the public draft environmental impact report document. Transportation Data for Air Quality, GHG Emissions, and Noise Analyses. All data below will be provided for Scenarios 1 through 4 previously identified and two alternatives’ scenarios. Because the City is focused on the difference between the adopted 2015-2040 General Plan and the 2015-2040 General Plan with the updated Housing Element. These scenarios will allow the City to compare the Cumulative with Project (Alternative 1 or 2) Conditions to either the Cumulative Condition or the Baseline Condition. As an input into the air quality, GHG emissions, and energy analysis the following items will be summarized in a table format for the PlaceWorks team: Citywide residential population and employment Daily project trip generation Daily total project generated vehicle miles traveled Daily total project generated VMT by its components of 2*internal-internal, internal- external, and external-internal As an input into the noise analysis, the roadway counts (year 2013 roadway segment counts from the previous EIR, plus one new daily count) and forecasts will be summarized for 34 roadway segments (33 segments from the GP EIR and one new segment) in a table format. Transportation forecasts from the VTA travel model will be used to determine the growth in traffic under Cumulative (2040) Conditions scenarios. The forecasting will account for the count year (2013), and the travel model base year (2015) and future year (2040). The study locations will include: Sunnyvale-Saratoga Road between Fremont Avenue and Homestead Road (1 segment) De Anza Boulevard between Homestead Road and Prospect Road (5 segments) Stevens Creek Boulevard between Foothill Boulevard and I-280 (7 segments) Wolfe Road between Fremont Avenue and Stevens Creek (4 segments) Miller Avenue between Stevens Creek Boulevard and Greenwood Drive (1 segment) Homestead Road between Mary Avenue and Tantau Avenue (5 segments) Stelling Road between Homestead Road and McClellan Road (2 segments) Bollinger Road between De Anza Boulevard and Lawrence Expressway (2 segments) Lawrence Expressway between Homestead Road and Bollinger Road (2 segments) Foothill Boulevard between Stevens Creek Boulevard and I-280 (1 segment) Bubb Road between Stevens Creek Boulevard and McClellan Road (1 segment) Blaney Avenue between Homestead Road and Stevens Creek Boulevard (1 segment) Vallco Parkway between Wolfe Road and Tantau Avenue (1 segment) Tantau Avenue between Vallco Parkway and Pruneridge Avenue (1 segment) N Tantau Ave from Pruneridge Ave to Homestead Road (1 segment) N Tantau Ave from Vallco Parkway to Bollinger Road (1 segment) Stevens Creek Boulevard from Permanente Road/Private Road to Foothill Boulevard (1 segment) Miller Avenue from Greenwood Drive to Bollinger Road (1 segment) Blaney Avenue from Stevens Creek Boulevard to Bollinger Road (1 segment) Stelling Road from McClellan Road to Prospect Road (1 segment) Foothill Boulevard from Stevens Creek to Ricardo Road (1 segment) Bubb Road from McClellan Road to Rainbow Drive (1 segment) Rainbow Drive from Bubb Road to De Anza Boulevard (1 segment) GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 17 Prospect Road from Stelling Road to De Anza Boulevard (1 segment) I280 from Magdalena Avenue to Lawrence Expressway (1 segment) I85 from Homestead Avenue to Prospect Road (1 segment) Homestead Road from Mary Avenue to El Sereno Avenue (1 segment) McClellan Road from Foothill Boulevard to De Anza Boulevard (1 segment) For each roadway segment the following additional information will be summarized and a figure of the roadway segment study locations will be provided: Street functional classification (e.g., Arterial, collector, etc.) Speed limits and travel model congested speed (miles per hour) Truck percentage As an input for the Noise Contour Mapping, Fehr & Peers will provide PlaceWorks with additional roadways segments. The raw daily roadway volumes for each roadway in Cupertino will be provided in a PDF for the four scenarios listed at the beginning of this task. These raw volumes will provide order of magnitude volumes. The raw volumes of an additional 20 roadway and freeway segments will be summarized. Task 6.1.a Deliverables: −Administrative Draft EIR (electronic copy) −Administrative and Final VMT and transportation tables documenting citywide daily trip generation, citywide total VMT per service population under Baseline with Project Conditions, and the boundary VMT per service population under Cumulative without Project Conditions and Cumulative with Project. (electronic) −Administrative and Final summary table of the trip generation and VMT metrics needed for the air quality/GHG/energy analysis in the DSEIR, roadway forecasts and supporting data for the noise analysis, and a figure of the roadway segment study locations (electronic copies). −Administrative and Final Transportation Impact Analysis Report (electronic copy) −Air Quality and Greenhouse Gas Emissions Analysis Appendix (electronic copy) −Noise Analysis Appendix (electronic copy) Screencheck and Public Review Draft Subsequent EIR The scope assumes a single set of consolidated electronic comments from City staff on the Administrative Draft EIR. All staff comments on the Administrative Draft EIR are assumed to be in Word track change or electronic comment. Based on City staff’s comments on the Administrative Draft EIR, PlaceWorks will prepare the Screencheck Draft EIR for City staff’s review. After City staff’s review and approval of the Screencheck Draft EIR, PlaceWorks will prepare the Public Review Draft EIR. Simultaneous with the preparation of the Public Review Draft EIR, PlaceWorks will prepare a Notice of Completion (NOC) and Notice of Availability (NOA) for City staff review and approval. PlaceWorks staff will be responsible for submitting the Public Review Draft EIR, NOC, and NOA to the State Clearinghouse via CEQAnet. PlaceWorks will assist with submitting the NOC and NOA to the Santa Clara County Clerk, but it is assumed the City staff will take care of any in-person postings with the Clerk. Once posted, the 45-day public review period will begin. Task 6.1.b Deliverables: −Screencheck and Public Review Draft EIR (electronic copies) −Administrative and Final Draft NOC (electronic copies) 18 GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR −Administrative and Final Draft NOA (electronic copies) −Submittal to the State Clearinghouse via CEQAnet 6.2 Final EIR, Mitigation Monitoring and Reporting Program, and Statement of Overriding Considerations Following the CEQA-required Draft EIR public review period, PlaceWorks will compile, review, and organize all comments received on the Draft EIR from the City. PlaceWorks has assumed 100 hours of staff labor for responding to public comments on the Draft EIR. PlaceWorks will prepare and submit the Administrative Draft Final EIR for review by the City. This scope assumes a single set of consolidated electronic comments from City staff on the Administrative Final EIR. All staff comments on the Administrative Final EIR are assumed to be in Word track change or electronic comment. Based on City staff’s comments on the Administrative Final EIR, PlaceWorks will prepare the Screencheck Final EIR for City staff’s review. After City staff’s review and approval of the Screencheck Final EIR, PlaceWorks will prepare the Public Draft Final EIR. PlaceWorks will also draft the Mitigation Monitoring and Reporting Program (MMRP) for the mitigation measures included in the EIR pursuant to the City’s policies and procedures. The MMRP will reflect the appropriate scale and phase of the impacts. If any of the impact discussions are determined to have significant and unavoidable impacts, PlaceWorks will prepare a Statement of Overriding Considerations while preparing the MMRP. Task 6.2 Deliverables: −Administrative, Screencheck, and Public Draft Final EIR (electronic copies) −Administrative and Final Draft MMRP (electronic copies) −Administrative and Final Draft Statement of Overriding Considerations (electronic copies) 6.3 Certification and Notice of Determination PlaceWorks will work with the City to prepare draft Findings for the EIR for review by the City Attorney and project management team. PlaceWorks will update the first draft of the findings and produce a final document, based on comments from City staff. If additional revisions to the findings are needed, it is assumed these will be completed by the City in consultation with PlaceWorks. We will participate in up to two certification hearings. PlaceWorks will prepare the Notice of Determination to be filed by the City to the County Clerk’s Office. PlaceWorks will submit the NOD to the State Clearinghouse via CEQAnet. Our scope of work does not include any filing fees required pursuant to CEQA, the County Clerk, or the California Department of Fish and Wildlife. Task 6.3 Deliverables: −Administrative and Final Draft Findings (electronic copies) −Administrative and Final Draft Notice of Determination (electronic copies) −Filing of the Notice of Determination with the State Clearinghouse via CEQAnet Noise Contour Map Update As a task separate from the EIR Noise Analysis, PlaceWorks will update the Health and Safety Element’s Future Noise Contour map to reflect the proposed projects traffic noise volumes GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 19 throughout the city. The updated Future Noise Contour map will include major arterial roadways and freeways within the City of Cupertino based on available GIS data provided by City staff and traffic data provided by the traffic engineer. Task 7 Deliverables: −Administrative and Final Draft Noise Contour Map (electronic copies) SCHEDULE PlaceWorks proposed schedule for completion of the General Plan 2040 and Zoning Code Amendments, and Subsequent EIR is shown in Figure 1, Project Schedule. As shown in the schedule, we anticipate that the project can be completed by the end of December 2023. This schedule is contingent upon the following: Receiving City centerline data for noise as shown on the schedule shown in Figure 1. Receipt of the VTA travel model as shown in Figure 1. Approval of all the inputs (buildout numbers) into the travel model by as shown on the schedule shown in Figure 1. A stable City-approved EIR Project Description approved by the City by the end of Week 10 of the schedule shown in Figure 1. No additional public meetings with ad-hoc or other bodies. Timely reviews of project deliverables by City staff (ranging between 1 to 3 weeks depending on the tasks) within the times shown in the schedule in Figure 1. BUDGET As shown in Table 1, Cost Estimate, the estimated cost to complete the scope of work described in this proposal is $863,442. This includes a 15 percent contingency budget. Note, reimbursable expenses are only payable to extent reimbursable expenses are actually incurred. The contingency budget will be used to cover any unforeseen out-of-scope work that might be necessary for the project and will only be used with advanced and written consent by the City. The billing rates for each team member are included in Table 1. PlaceWorks bills for its work on a time-and-materials basis with monthly invoices. Assumptions This scope of work and cost estimate assumes that: Our cost estimate includes the meetings described in this scope of work. Additional meetings would be billed through the meeting contingency budget. All interim products will be submitted to the City of Cupertino in electronic (Word and PDF) formats and final General Plan update products will be submitted in InDesign format consistent with the current General Plan. 20 4. Proposed Budget GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR FIGURE 1 PROJECT SCHEDULE February March April May June July August September October November December 2/3 2/10 2/17 2/24 3/3 3/10 3/17 3/24 3/31 4/7 4/14 4/21 4/28 5/5 5/12 5/19 5/26 6/2 6/9 6/16 6/23 6/30 7/7 7/14 7/21 7/28 8/4 8/11 8/18 8/25 9/1 9/8 9/15 9/22 9/29 10/6 10/13 10/20 10/27 11/3 11/10 11/17 11/24 12/1 12/8 12/15 12/22 12/29 * * * * * * * * * * * * * * * * * * * * * * *** * * * * ** * ** * ** * * * * * * * * * * * * * * * * * * * * * * * * * ∗ Task 3. Mobility and Land Use and Community Design Elements, and Zoning Code Update * * * * * * * * * * * * * * * * * * * ∗∗ ∗ ∗ 2/22 3/23 * 45-day Public Review Generate VMT/Daily Trip Numbers Prepare TIA Report ∗ ∗ PlaceWorks Team City Review Fehr & Peers Public and Agency Review Period Public Hearing/Meeting * Noise Contour Map Update Legend Draft EIR Air Quality, Greenhouse Gas Emissions, and Noise Analysis Transportation Impact Assessment Final EIR, MMRP, SOC Certification and NOD Task 7. Noise Contour Map Update Notice of Preparation 30-day Public Review Tribal Consultation Support Task 5. SEIR Project Description Project Description Task 6. Environmental Analysis Update Safety Element Public Hearings Project Management and Coordination Community Engagement Mobility, Land Use & Community Design, and Zoning Updates Task 4. EIR Revise/Prepare Draft Housing Element Public Hearings Task 2. Health and Safety Element Update Project Management Community Outreach and Engagement Background Report and Vulnerability Assessment Housing Element (under a separate scope of work) Project Management and Coordination HCD Review (3 rounds)1st HCD Review 2nd HCD Review 3rd HCD Review 30 day Public Review/90 day CAL FIRE Review Scoping Meeting Task 1. Project Management and Coordination City Council Contract Approval Project Kick-off Meeting Project Management and Coordination Data Collection Administrative Record Exhibit B GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR 21 TABLE 1 COST ESTIMATE McCracken Protsman Rohr Knox Lindstrom Seale Krispi Vermilion Garcia Fitzgerald Vang Nguyen Bush Watson Khan Guy Healey/ Miller/ Robbins ADMIN GRAPHICS /GIS TECH. EDITOR Fehr & Peers Associate Principal, PIC Associate, Project Manager Principal, Rezoning Associate, Rezoning Principal, Safety Element Senior Associate, Safety Element Principal AQ/GHG Senior Associate Noise Principal Engineer Senior Associate AQ/GHG Associate AQ/GHG Senior Engineer Senior Associate Project Planner Noise Associate, GIS Project Planner Hourly Rate:$245 $175 $265 $170 $250 $210 $250 $195 $230 $230 $155 $200 $180 $145 $155 $135 $125 $125 $135 TASK 1. PROJECT INITIATION, MANAGEMENT, AND COMMUNICATION 1 Kick-Off Meeting 2 4 2 2 4 14 $52 $2,652 0 $0 $0 $2,652 2 Project Management and Coordination 40 62 15 30 6 12 165 $675 $34,420 0 $0 $0 $34,420 3 Data Collection 6 8 2 16 2 4 6 8 4 20 76 $270 $13,790 0 $0 $0 $13,790 4 Administrative Record 4 8 6 30 48 $145 $7,385 0 $0 $0 $7,385 Task 1. Subtotal 52 82 19 48 6 12 2 4 0 6 8 4 0 0 0 30 0 0 30 303 $1,142 $58,247 $0 $0 $0 $58,247 TASK 2. HEALTH AND SAFETY ELEMENT UPDATE 1 Community Outreach and Engagement 36 10 30 60 136 $464 $23,664 0 $0 $0 $23,664 2 Background Report and Vulnerability Assessment 32 6 16 16 90 12 24 12 208 $624 $31,834 0 $0 $0 $31,834 3 Update Safety Element 24 8 12 50 12 58 12 176 $517 $26,357 0 $0 $0 $26,357 4 Public Hearings 16 16 8 40 $145 $7,385 0 $0 $0 $7,385 Task 2. Subtotal 0 108 0 0 24 74 0 0 0 0 0 0 0 0 16 208 24 82 24 560 $1,750 $89,240 $0 $0 $0 $89,240 TASK 3. MOBILITY AND LAND USE AND COMMUNITY DESIGN ELEMENTS, AND ZONING CODE UPDATES 1 Mobility Element 8 20 12 4 44 $151 $7,711 0 $0 $0 $7,711 2 Land Use and Community Design Element 8 20 22 4 54 $176 $8,986 0 $0 $0 $8,986 3 Zoning Code Update 100 248 45 22 415 $1,572 $80,177 0 $0 $0 $80,177 Task 3 Subtotal 0 0 116 288 0 0 0 0 0 0 0 0 0 0 45 0 0 34 30 513 $1,899 $96,874 $0 $0 $0 $96,874 TASK 4. SEIR SCOPING 1 Notice of Preparation 4 6 12 1 23 $82 $4,177 0 $0 $0 $4,177 2 Scoping Meeting 10 8 6 24 $93 $4,753 0 $0 $0 $4,753 3 Tribal Consultation Support 6 8 12 26 $90 $4,580 0 $0 $0 $4,580 Task 4. Subtotal 16 16 0 0 0 4 6 0 0 0 0 0 0 0 0 30 0 0 1 73 $265 $13,510 $0 $0 $0 $13,510 TASK 5. SEIR PROJECT DESCRIPTION 1 Project Description 20 40 2 6 2 74 $265 $13,495 0 $0 $0 $13,495 Task 5. Subtotal 20 40 0 0 0 0 0 0 0 0 0 0 0 0 2 0 0 6 2 74 $265 $13,495 $0 $0 $0 $13,495 TASK 6. ENVIRONMENTAL ANALYSIS 1 Draft Subsequent EIR 118 174 0 0 4 6 25 37 48 36 104 66 42 66 2 218 0 38 74 1058 $3,707 $189,042 $211,900 $21,190 $233,090 $422,132 2 Final EIR, MMRP, & SOC 35 74 0 0 2 4 2 2 2 2 2 2 2 0 0 76 0 8 14 227 $778 $39,673 0 $0 $0 $39,673 3 Certification and NOD 8 12 4 4 8 36 $138 $7,018 0 $0 $0 $7,018 Task 6. Subtotal 161 260 4 4 16 26 27 39 50 38 106 68 44 66 2 302 0 46 88 1321 $4,623 $235,733 $211,900 $21,190 $233,090 $468,823 TASK 7. NOISE CONTOUR MAP UPDATE 1 Noise Contour Mapping 2 4 8 12 24 44 $140 $7,160 0 $0 $0 $7,160 Task 7. Subtotal 2 4 0 0 0 0 0 8 0 0 0 0 0 24 0 0 0 0 44 $140 $7,160 $0 $0 $0 $7,160 Labor Hours Total 251 510 139 340 46 116 35 51 50 44 114 72 44 66 89 570 24 168 175 2888 Labor Dollars Total $61,495 $89,250 $36,835 $57,800 $11,500 $24,360 $8,750 $9,945 $11,500 $10,120 $17,670 $14,400 $7,920 $9,570 $13,795 $76,950 $3,000 $21,000 $23,625 $10,084 $514,259 $211,900 $233,090 $747,349 EXPENSES PlaceWorks Reimbursable Expenses $3,470 EXPENSES TOTAL $3,470 15% Contingency $112,623 GRAND TOTAL $863,442 PLACEWORKS Sub. Total Total Task Budget PlaceWorks Hours PlaceWorks Total SUB. VMT & TIA PlaceWorks 2% Office Expenses 10% Sub. Markup Exhibit C 22 4. Proposed Budget GENERAL PLAN 2040 AND ZONING CODE AMENDMENTS, AND SUBSEQUENT EIR This page intentionally left blank. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Form Updated Jan. 2022 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) for bodily injury, property damage, personal injury liability for premises operations, products and completed operations, contractual liability, and personal and advertising injury with limits no less than $2,000,000 per occurrence (ISO Form CG 00 01). If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location (ISO Form CG 25 03 or 25 04) or it shall be twice the required occurrence limit. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall be "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as ISO Form CG 20 10 (04/13). c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess insurance, provided each policy complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City before the City’s own insurance or self- insurance shall be called upon to protect City as a named insured. 2. Automobile Liability: ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 per accident for bodily injury and property damage. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 per occurrence for bodily injury or disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims made form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Form Updated Jan. 2022 OTHER INSURANCE PROVISIONS The aforementioned insurance shall be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers (“Additional Insureds”) are to be covered as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or both CG 20 10 and CG 20 37 forms, if later editions are used). Primary Coverage Coverage afforded to City/Additional Insureds shall be primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the Workers’ Compensation policy shall be endorsed with a waiver of subrogation in favor of City for all work performed by Consultant, its employees, agents and subconsultants. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City. At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurers must be licensed to do business in California with an A.M. Best Rating of A-VII, or better. Verification of Coverage Consultant must furnish acceptable insurance certificates and mandatory endorsements (or copies of the policies effecting the coverage required by this Contract), and a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or 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). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD 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. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2016 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY B 5,000,000 EPK140207 5,000,000 LOS-002212059-27 1,000,000 4,000,000 X 25674 4,000,000 Irvine, CA 92614 N X Comp/Coll Deductibles BI & PD Ded. $5,000 07/01/2022 3 07/01/2023 07/01/2022 07/01/2023 BA1N96406A2243G Errors & Omissions-Claims Made B 5,000,000 5,000,000 Travelers Property Casualty Co. Of America 1,000,000 X A X Liability. Waiver of subrogation is applicable where required by written contract with respect to General and Auto Liability. 1,000 X 06/30/2022 07/01/2022 5,000,000 Re: IS/MND Cupertino CA The City of Cupertino, its city council, boards and commissioners, officers, employees, and volunteers are included as additional insured where required by written contract with respect to General and Auto Liability. X Contractors Pollution Cupertino, CA 95014 City of Cupertino This insurance is primary and non-contributory over any existing insurance and limited to liability arising out of the operations of the named insured and where required by written contract with respect to General X A CN115158923-01-01-22-23 Each Claim/Aggregate 5,000 07/01/2023 1,000,000 EX6J3287562243 Retro Dates: See 2nd Page 5,000,000 44520 50,000 1,000,000 07/01/2023 UB7K7286762243G 17901 Von Karman Avenue, Suite 1100 Marsh Risk & Insurance Services X (949) 399-5800; License #0437153 Attn: NewportBeach.CertRequest@marsh.com/F: 212-948-4323 3 MacArthur Place, Suite 1100 PlaceWorks, Inc Santa Ana, CA 92707 EPK140207 07/01/2022 10300 Toree Ave. X X 07/01/2022 B X 07/01/2023 Crum & Forster Specialty Insurance Co X General Plan Update Final Audit Report 2023-03-10 Created:2023-03-10 By:City of Cupertino (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAjaHTi8IEY4oNsYY-NKHZhf8Tl7fFgDte "General Plan Update" History Document created by City of Cupertino (webmaster@cupertino.org) 2023-03-10 - 0:09:25 AM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2023-03-10 - 0:15:06 AM GMT Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2023-03-10 - 1:13:38 AM GMT - Time Source: server- IP address: 73.170.27.253 Document emailed to christopherj@cupertino.org for signature 2023-03-10 - 1:13:40 AM GMT Email viewed by christopherj@cupertino.org 2023-03-10 - 1:47:33 AM GMT- IP address: 104.47.74.126 Signer christopherj@cupertino.org entered name at signing as Christopher D. Jensen 2023-03-10 - 1:47:52 AM GMT- IP address: 136.24.22.194 Document e-signed by Christopher D. Jensen (christopherj@cupertino.org) Signature Date: 2023-03-10 - 1:47:54 AM GMT - Time Source: server- IP address: 136.24.22.194 Document emailed to Pamela Wu (pamelaw@cupertino.org) for signature 2023-03-10 - 1:47:56 AM GMT Email viewed by Pamela Wu (pamelaw@cupertino.org) 2023-03-10 - 2:17:50 AM GMT- IP address: 104.47.73.254 Document e-signed by Pamela Wu (pamelaw@cupertino.org) Signature Date: 2023-03-10 - 2:18:27 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2023-03-10 - 2:18:28 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2023-03-10 - 3:00:22 AM GMT- IP address: 104.47.73.254 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2023-03-10 - 3:00:32 AM GMT - Time Source: server- IP address: 162.245.20.145 Agreement completed. 2023-03-10 - 3:00:32 AM GMT