09-062 Design, Community & EnvironmentCITY OF
~~
~~
CUPERTINO
AGREE=MENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-77'7-3200
NO. ~~~b ~6 '~
BY THIS AGREEMENT, made and entered into this 118th day of May, 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Design, Community & Environment, Incorporated
Address 1625 Shattuck Avenue, Suite 300 City _ Berkeley Zip 94709 Phone 510.848.3815
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Initial StudylMitigated
Negative Declaration and for the proposed General Plan Amendment regarding residual office allocation.
EXHIBITS: The following attached exhibits hereby are macle part of this Agreement: Proposal, Exhibit A
TERMS: The services and/or materials furnished under thi:~ Agreement shall commence on 5/18/2009
and shall be completed before 7/17/2009
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $13,606
GENERAL TERMS AND CONDITIONS
Hold Harmless Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused
by or arising out of the performance of this Agreement. city shall not be liable for acts of Contractor in performing
services described herein.
Insurance Should the City require evidence of insurabilil:y, Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination No discrimination shall be made in the employment of persons under this Agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor It is understood and agreed that this Agreement is not a contract of employment in the sense
that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be
deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other
obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest
under this Agreement is an officer or employee of City.
Changes This Agreement shall not be assigned or transferred without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY" shall be: Ely j,~jRFj,D
NAME Gary Chao, City Planner DEPARTMENT Community Development
This Agreements II become effective upon its execution by CITY, in witness thereof; the pa ~es have uted th'~IS '~
Agreement the d nd ye r first written above. f ~ J ~~~~/C)
CONIR~ACTOR: ~ ir~ CITY OF CUPERTINO:
Title \ 1 Title ! .- Gaf~i Chao, Cit
Tax ID /Soc. Sec. #
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE
Aa i hriva v 5/19/2009 110.7 -7014 Y 0 10
CITY ELERK i n DATE _ i ~ ..
DESIGN COMMUNITY & E N V I R O N M E N T
D
e
1625 SHATTUCK AVENUE
May 14, 2009
SUITE 300
BERKELEY, CA 94709 Mr. Gary Chao
TEL: 5 1 0 848 381 5 City of Cupertino
10300 Torre Avenue
FAX: 5 1 0 848 431 5 Cupertino, CA 95014
www.dceplanning.com
Re: Scope of Work and Cost Estimate to Prepare an Initial Study/Mitigated
Negative Declaration
Dear Gary:
Thank you for inviting DC&I. to submit this scope of work and costs estimate to prepare an
Initial Study/Mitigated Negative Declaration (IS/MND) and for the proposed General Plan
Amendment to include the residual office allocation of 483,053 square feet that was
analyzed in the 2005 General Plan EIR, but not included in the approved General Plan.
This scope of work is based on the assumption that the Negative Declaration will be based
on existing information to be provided by the City, including the 2005 General Plan EIR and
updated development information, and that no additional technical studies will be required.
DC&E will complete five wori<tasks for this project, as outlined below:
Task A. Project Initiation
I. Kickoff Meeting
DC&E team will meet with ~~ity staff to discuss the required format for the IS/MND and the
schedule for completing anti adopting the document. At this meeting, we will request any
additional technical documents or background material, including all relevant policies and
reports currently implemented by the City that address greenhouse gas emissions and
climate change.
2. Review Existing Documents
DC&E staff will review all data sources and documents associated with greenhouse
emissions and climate change, including information provided by the City and data from
State and regional agencies to determine the overall adequacy in addressing the threshold
questions.
0(fices in Berkeley and Ventura
Mr. Gary Chao
May 14, 2009
page 2
Task B. Environmental Evaluation and Initial Study/Mitigated Negative
Declaration
Using existing documents, DC&E will prepare a detailed IS. The IS will include a project
description that explains the proposed amendment, as well as a summary of any significant
changes in conditions that have occurred in the City subsequent to certification of the
General Plan EIR. All referE~nces will be noted and appropriate technical information will be
appended as necessary. We anticipate that all the responses, with the exception of climate
change will draw on material from 2005 General Plan EIR, in accordance with the CEQ~4
Guidelines Section 15150. l-he IS will include a discussion of greenhouse gas emissions on a
qualitative basis, focusing ~~n actions undertaken by the City, and regional agencies to
address the issue. Where environmental impacts are anticipated due to implementation of
the General Plan amendment, DC&E will suggest mitigation measures to address the issue.
I. Initial Study
The primary topic areas that will be examined in the IS in accordance with CEQA are
shown below. The IS wil present evidence that indicates that signifcant environmental
effects were addressed through the General Plan EIR The issues that will be evaluated
through completion of the IS are listed below.
• Aesthetics
• Cultural Resources
• Traffic and Transportation
• Air Quality
• Noise
• Biological Resources
• Hazardous Materials
• Hydrology and Water Quality
• Geology, Soils and Seismicity
• Land Use
• Population and Housing
• Public Services
• Recreation
• Utilities and Infrastructure
• Greenhouse Gas Emissicns
2. Mitigated Negative Declaration
Assuming that the IS finds that there are no significant unavoidable environmental impacts
as a result of the project, or if potentially significant impacts can be avoided or mitigated to
a less-than-signifcant levee, a CEQA Mitigated Negative Declaration (MND) will be
prepared for the project If the IS concludes that the proposed project could have
potentially significant unavo dable impacts, an EIR will be required. (An EIR would require a
separate scope of work and budget.)
O((ices in Berkeley and Ventura
Mr. Gary Chao
May 14, 2009
page 3
Task C. City Review anti Revision
The IS/MND will be submiti:ed to the City for review, as follows:
• Administrative Draft IS/MND. DC&E will submit this first draft to the City for
review in electronic fcrmat (either Word or PDF, depending on the City's choice).
The City will provide DC&E with one consolidated set of comments on the report.
This scope assumes that DC&E will respond to one round of comments on the
Administrative Draft re.=eived from the City.
• Screencheck Draft IIS/MND. DC&E will submit a revised, second draft to the City
staff as an electronic "screencheck" prior to printing the public review draft. DC&E
assumes that a minimal level of effort, not exceeding 8 hours, would be required to
respond to any comment from the City on the screencheck Draft IS/MND.
• Draft IS/MND. DCFtE will provide the City with one electronic copy. This assumes
that the City will cirailate copies of the document to the State Clearinghouse, as
required by CEQA, anti to interested members of the public.
• Memorandum of Responses to Comments. Subsequent to the public review
period, DC&E will preF~are a memo that summarizes public comment on the IS/MND
and submit it to the Cry for review. DC&E assumes that it will respond to one round
of comments from the City on the proposed responses to comments.
Products
In fulfillment of the scope of work presented in this proposal, DC&E will submit the
following work products to -the City:
• Administrative Draft IS/MND (one electronic copy)
• Screencheck Draft IS/MND (Task C) (one electronic copy)
• Draft IS/MND (one elect~~onic copy)
• Memorandum of Responses to Comments (Task C)
Schedule
• DC&E will prepare the IS/MND in accordance with the following schedule.
• Administrative Draft to City- June 5th
• City comments to DC8<E -June 12th
• Screencheck Draft to City -June 16
• City comments to DC8<E -June 18
• NMD published by City- -June 19th
• 20 day public period June 19-July 9
• City to provide comments to DC&E -July I 0
• DC&E to submit response memorandum -July 14
Cost
As shown on Table I ,the estimated cost to complete the scope of work described in the
attached proposal will be y; 13,606. DC&E guarantees that it will complete a contracted
0(fices in Berkeley and Ventura
Mr. Gary Chao
May 14, 2009
page 4
scope of work for the con~_raded cost Any contract cost overruns are absorbed by the
firm and are not passed on ':o the client.
Billing rates for this project are guaranteed through December 2010. Billing rates will be
subject to an increase of up to six percent on January I , 201 I and in each subsequent year
thereafter. DC&E bills for its work monthly, with invoices showing staff hours spent, billing
rates, and expenses.
Assumptions
This proposal, with its su~pe of work and budget, covers only the items specifically
mentioned above. Any additional tasks will be services defined under separate work scopes
and cost estimates. The following assumptions apply to this scope of work and budget:
• 8 hours are assumed in the budget for DC&E to respond to comments on the
Screencheck draft IS/MILD
• 16 hours are assumed in the budget for DC&E to respond to comments on the public
review Draft IS/MND, including time required to revise responses based on input from
the City. Should the volume and/or nature of the comments require a level of effort
exceeding 16 hours, a t~udget amendment will be required.
• Additional copies of documents beyond the quantities specified in the scope above can
be provided on a time :ind materials basis.
• This scope does not include completion of original, project-specifc reports for any of
the technical areas iderrtified in Task B. If original studies are required as part of this
IS/MND, a separate sccpe and fee will be developed for their completion.
• Under the discussion of Task C in this scope of work, several assumptions have been
included concerning the' number of hours allocated to respond to the City's comments
on the Administrative Draft IS/MND and comments received during the 30-day public
review period for the Draft IS/MND. If the nature and/or volume of comments
received from the City or the public and agencies is such that additional time is
required beyond the Frours specified, contract modifications will be requested on a
case-by-case basis.
• The proposed budget does not include attendance of DC&E staff at any public
hearings. DC&E staff cin attend meetings on a time and materials basis, at the request
of the City.
Please contact me if you have any questions on this scope of work and cost estimate.
Sincerely,
DESIGN, COMMUNITY & ENVIRONMENT, INC.
~, /
/J
Steve Noack, AICP
Principal
Offices in Berkeley onC Ventura