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12-075 Planning Center DC&E, Mary Ave Dog Park Environmental Clearance Process AGREEMENT BETWEEN THE CITY OF CUPERTINO AND THE PLANNING CENTER DC&E FOR CONSULTANT SERVICES FOR MARY AVENUE DOG PARK ENVIORNMENTAL CLEARANCE PROCESS p 5-7 G/1--- THIS AGREEMENT, for reference dated s)O�.y ►7 , 2012, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and THE PLANNING CENTER DC&E (California corporation)whose address is 1625 Shattuck Avenue, Suite 300, Berkeley, Ca 94709 (hereinafter referred to as "Consultant"), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for the Mary Avenue Dog Park Environmental Clearance Process upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on July 16, 2012, and shall terminate on March 30, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A". titled "Work Scope and Cost" which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit "A". titled "Work Scope and Cost", which is attached hereto and incorporated herein by this reference. 4. COMPENSATION TO CONSULTANT: The compensation to be paid to Consultant for professional Services and reimbursable expenses shall be a lump sum not to exceed Thirty Four Thousand Nine Hundred Thirty Page 1 3f 10 The Planning Center DC&E Agreement • Five Dollars ($34,935.00) for Basic Services inclusive of Reimbursable Expenses. The rate of payment is set out in Exhibit "A". titled"Work Scope and Cost", which is attached hereto and incorporated herein. Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date,percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 8. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of Page 2 of 10 The Planning Center DC&E Agreement this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. The Carmen Lynaugh, Public Works Project Manager is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Kyle Simpson. 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Page 3 of 10 The Planning Center DC&E Agreement 12. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof,the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required.minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants Page 4 of 10 The Planning Center DC&E Agreement to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Rgulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, subl essee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank,trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment,transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent(50%) or more of the voting power of the corporation. Page 5of10 The Planning Center DC&E Agreement 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 17. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced,prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the Page 6of10 The Planning Center DC&E Agreement performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. Al]. such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3)years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses.a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 408-777-3354 Attention: Carmen Lynaugh All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: The Planning Center DC&E 1625 Shattuck Avenue, Suite 300 Berkeley, CA 94709 510-848-3815 Kyle Simpson 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating Page 7of10 The Planning Center DC&E Agreement this Agreement by giving seven(7) days'prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination, Consultant shall deliver to City, copies of all reports, documents, and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 25. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee, which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Page 8 of 10 The Planning Center DC&E Agreement Agreement by Consultant. In addition to any other remedies, City may have in law or equity, City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 27. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. Page 9of10 The Planning Center DC&E Agreement P.O. No.: r 'D 7d / IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTA CITY OF CUPERTINO 4Y(Pt A Municipal Corporation The Planning Center DC&E California Corporatio By _ By T1 orden, Director of Public Works Name STEV E ,.loALtc I + Date Title ??I tc t C- L_ Date .1vi.-y 1112.0 t2- Tax I.D.No.: 2.cf7 5827 APPROVED AS TO FORM: Address: i b25 sHArt-.cK p.t� 300 13E2K -etc A 94'7 E39 ar. / orade, City Attorney ATTEST: �:. Grace Schmidt, City Clerk Contract Amount: $34,935.00 Account No. : 580-9137-9300 Page 10 of 10 The Planning Center DC&E Agreement EXHIBIT A: WORK SCOPE AND COSTS This exhibit describes the scope of services, schedule, products and meetings for the Mary Avenue Dog Park IS/MND to be conducted by The Planning Center I DC&E for the City of Cupertino in cooperation with Michael L. Bench, Consulting Arborist. I. SCOPE OF SERVICES Task A.Project Initiation This task involves activities related to start-up of the environmental review for the project, and is structured to streamline the process and optimize the overall timeline for completion of the IS/MND. The activities included under this task will also clearly establish the parameters for the technical analyses and CEQA review to follow. 1. Project Kick-Off Meeting Steve Noack and Kyle Simpson will meet with City staff to discuss expectations, concerns, schedule, and to review key issues, information needs and work products. After the Kick-Off Meeting, we will visit and photograph the project site, paying particular attention to features and concerns identified in the meeting. 2. Draft Project Description The Planning Center I DC&E will draft a Project Description using graphics and textual information provided by the City. The Project Description will include detailed information on project features designed to avoid or offset potential environmental impacts, such as water quality. The section will also describe the proposed site remediation and construction activity. We will submit one electronic copy of the Draft Project Description to the City staff for review and comment. Upon approval by City staff, the Project Description will be distributed to the full team for reference. THE PLANNING CENTER I DC&E JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK I S/M N D E X H I B I T A: S C O P E O F WORK AND COSTS Task B. Environmental Review 1. Initial Study Preparation The Planning Center I DC&E will prepare an Initial Study that documents existing conditions, project impacts (if any), and mitigation measures (if required), as well as the resulting level of significance for each of the topical areas required under CEQA. Although the potential environmental impacts that could result from the construction and operation of the proposed park are not expected to be significant, the topics of particular concern include construction-period air quality and GHG emissions noise, biology (tree health), hazards and hazardous materials, and hydrology and water quality. The analysis for each of these topic areas is described below in Sections B.1.a through B.1.c. In addition to the resource areas of concern, The Planning Center I DC&E will evaluate several other topic areas that are not expected to result in potentially significant impacts, given the project components and location. ♦ Aesthetics ♦ Agriculture and Forestry Resources ♦ Cultural Resources ♦ Hydrology and Water Quality ♦ Land Use and Planning ♦ Traffic/Parking ♦ Mineral Resources ♦ Population and Housing ♦ Public Services and Recreation ♦ Utilities and Service Systems The Planning Center I DC&E staff will provide detailed analysis on the following environmental issues: THE PLANNING CENTER I DC&E 2 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK I S/M N D E X H I B I T A: S C O P E O F WORK AND COSTS a. Air Quality, Greenhouse Gas Emissions,and Community Health Risk An air quality and greenhouse gas (GHG) analysis will be prepared in accordance with the Bay Area Air Quality Management District's (BAAQMD) CEQA Air Quality Guidelines (revised May 2011). BAAQMD developed screening thresholds for construction-related criteria air pollutants, operational phase criteria pollutants, and GHG emissions to identify project types that generate a di minimis level of emissions and do not warrant detailed modeling of air quality and/or GHG emissions impacts. The project involves construction of a small dog park and would not exceed the screening- level size project identified by BAAQMD for operational criteria air pollutants and GHG emissions. In addition, due to the short duration users of the park would be on-site, the project is not the type of sensitive land use that would necessitate an evaluation of impacts rela:ive to BAAQMD's community risk thresholds for operation. While the project would not exceed the screening-level size for construction-related criteria air pollutants, the project would require soil export to a landfill for remediation and therefore the screening project size thresholds are not applicable for construction. Therefore, a quantified analysis of criteria air pollutants would be conducted for construction-related air quality impacts (criteria air pollutants and community risk and hazards). Criteria air pollutants and GHG emissions generated by short-term construction activities would be quantified using a BAAQMD approved model (e.g. URBEMIS+BGM or Ca1EEMod) based on the construction schedule, preliminary list of construction equipment, construction phasing, and soil export volumes provided by the City of Cupertino. A screening-level community risk and hazards analysis associated with short-term construction activities will be conducted using the SCREEN3 program. The operational phase air quality assessment will focus on the potential for the project to generate nuisance odors. Mitigation measures to reduce potential odor impacts of the project will be identified. Results of the technical modeling will be incorporated into the IS/MND and modeling included as an Appendix. THE PLANNING CENTER I DC&E 3 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK IS/MND E X H I B I T A: S C O P E O F WORK AND COSTS b. Biological Resources Michael L. Bench, Consulting Arborist, will prepare an Arborist's Report regarding the 35 existing trees located in and around the area proposed for construction at the Mary Avenue Dog Park site. The Arborist's Report will include: 1. An evaluation of each tree, including species, trunk diameter, canopy height, canopy spread, disease or insect infestation, and significant structural weaknesses. 2. Aluminum labels, supplied by Michael Bench, may be affixed to the trees if necessary for field identification. The numbers assigned to the trees would correspond to the evaluation,comments,and recommendations. 3. A mark-up of an existing exhibit of the site showing the locations of the trees by number,including any relevant site relationships. 4. Photos,if necessary,would be used to convey relevant information. 5. A "Tree Protection Plan" for the preservation of the trees that would be planned to be preserved. This information will be incorporated into the Biological Resource evaluation in the IS/MND. c. Noise and Vibration The Planning Center DC&E will prepare noise and vibration analyses to evaluate potential impacts resulting from temporary construction activities and long-term operation of the proposed project. The Planning Center I DC&E will assess existing conditions and identify the nearest sensitive receptors and other pertinent community characteristics, based on aerial photography,site plans, and project site photos. Given that the project is a similar usage to the current activities at the park site, coupled with the methodology of the city's municipal code regarding noise, a field assessment of existing noise levels is not warranted. THE PLANNING CENTER I DC&E 4 JULY 17,2012 C I T Y O F C U P E R T I N O M A R Y A V E N U E D O G P A R K I S/M N D E X H I B I T A: S C O P E O F WORK AND COSTS With the relatively close proximity of several multi-family residential receptors (some as close as 100 feet from potential project improvements), noise and vibration from construction activities at the site may be of concern. Thus, potential temporary noise and vibration impacts :o nearby homes will be evaluated using industry-standard analysis techniques and using scheduling, equipment mix, hauling, and truck trip information as provided by the applicant. At this juncture of the development, it is assumed that demolition and renovation will solely involve earth moving with no pile driving, no foundations,and no structure erection processes. It is not anticipated that there will be significant potential increases in project- related traffic associated with the additional features and facilities at the site. Further, it appears that the parking and access points would not be modified as a result of the project. As such,a formal traffic study is not anticipated and the associated traffic-related noise analysis will qualitatively discuss the potential for noise increases related to outdoor activities due to the incremental additional visitors to the park area. Potential noise and vibration impacts will be evaluated according to applicable City of Cupertino noise and vibration criteria included in the General Plan and the Municipal Code (Title 10, Chapter 10.48). Mitigation measures to reduce noise and vibration impacts will be recommended, as necessary, to reduce potential impacts to less than significant levels. The findings of these noise and vibration analyses will be provided in the IS/MND and pertinent calculations and technical information will be provided in an Appendix. d. Land Use and Planning Given the need for amendments to the General Plan and Zoning Ordinance for the project site, the Planning Center I DC&E will evaluate the proposed project's relationship to surrounding land uses and consistency with relevant adopted policy documents. THE PLANNING CENTER I DC&E 5 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK IS/MND E X H I B I T A: S C O P E O F WORK AND COSTS 2. Mitigated Negative Declaration Preparation If it is determined that potential impacts from construction or operation of the project can be avoided through changes to the project, or mitigated to less-than-significant levels in accordance with CEQA Guidelines Section 15070,a Mitigated Negative Declaration(MND)would be prepared. In the event that the Initial Study determines the project would result in one or more significant impacts that cannot be mitigated to a less-than-significant level, an EIR will be required. The Planning Center I DC&E will be available to prepare an EIR, if required, subject to a contract modification providing scope and budget for this additional service. If an EIR is required, The Planning Center I DC&E would leverage the comprehensive Initial Study prepared under Task B.1 above to scope out impact areas where no significant impact would result so as to focus the EIR on key issues. 3. City Review and Revision The IS/MND will be submitted to City staff for review,as follows: ♦ Administrative Draft IS/MND. The Planning Center I DC&E will submit one(1) electronic copy of a first draft to the City for review. Staff will provide The Planning Center I DC&E with comments on the Administrative Draft IS/MND. This assumes that The Planning Center I DC&E will respond to one round of comments, and that we will receive a single set of internally reconciled comments. ♦ Screencheck Draft IS/MND. The Planning Center I DC&E will submit one (1) electronic copy of a revised, second draft as an electronic "Screencheck" prior to printing the public review draft. The Planning Center I DC&E assumes that a minimal level of effort, not exceeding four hours, would be required to respond to any comments from the City on the Screencheck Draft IS/MND. • Draft IS/MND. The Planning Center I DC&E will provide the City with five (5) paper copies of the Draft IS/MND and one (1) electronic copy. In addition, The Planning Center I DC&E will send fifteen (15) THE PLANNING CENTER I DC&E 6 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK IS/MND E X H I B I T A: S C O P E O F WORK AND COSTS copies to the State Clearinghouse for circulation to interested members of the public. Task C.Public Review and Response to Comments Assuming that an IS/MND will be prepared and publicly distributed for the project a 30-day public review period will be required under CEQA. 1. Notice of Intent and Public Noticing The Planning Center DC&E will prepare a Notice of Intent(NOI) to adopt a negative declaration, and will advise the City on procedures and notifications required for public review. 2. Responses to Comments Memorandum Once the IS/MND is published with the State Clearinghouse, CEQA requires a 30-day public review period during which the document will be available for review and comment. The Planning Center I DC&E will respond to substantive comments received on the IS/MND in a memorandum form. Preparation of the memorandum will include coordination with the agencies listed above, as it pertains to comments they may provide on the IS/MND. The memorandum will be submitted to the City for review and comment within two weeks of the close of the public comment period. The Planning Center I DC&E will provide the City with one(1) electronic copy of the final memorandum. City staff will provide The Planning Center I DC&E with a single set of internally reconciled comments. The Planning Center I DC&E will address any comments received from the City on the memorandum and will prepare the Final Response to Comments Memorandum. The Planning Center I DC&E will provide the City (1) electronic copy of the final memorandum. THE PLANNING CENTER I DC&E 7 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK IS/MND EXHIBIT A: SCOPE OF WORK AND COSTS 3. Mitigation Monitoring and Reporting Program Preparation If mitigation measures are necessary, The Planning Center I DC&E will prepare a MMRP concurrently with the preparation of the Response to Comments Memorandum. The Planning Center I DC&E will provide the City with three (3) paper copies and one (1) electronic copy of the MMRP. The MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation measure included in the MND,and will include monitoring triggers and reporting frequency. 4. Notice of Determination The Planning Center I DC&E will prepare and submit the Notice of Determination with the San Mateo County Clerk and State Clearinghouse within five (5)days after approval of the project by the City. Task D.Public Meetings Following publication of the Final IS/MND, The Planning Center I DC&E will assist the City with certification of the CEQA document. Costs for attending these meetings are included in Table 1. 1. Environmental Review Committee Steve Noack and Kyle Simpson will attend the Environmental Review Committee (ERC) meeting to discuss the potential environmental impacts resulting from the project, and take comments on the IS/MND. 2. Planning Commission Hearing Steve Noack and Kyle Simpson will attend a Planning Commission hearing on the Final IS/MND. The objective of this meeting is for the Planning Commission to recommend to the City Council approval of the IS/MND. 3. City Council Hearing Steve Noack and Kyle Simpson will attend a City Council hearing on the IS/MND. The objective of this meeting is for the City Council to approve the IS/MND. THE PLANNING CENTER I DC&E 8 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK I S/M N D E X H I B I T A: S C O P E O F WORK AND COSTS II. SCHEDULE,PRODUCTS,AND MEETINGS We anticipate that the project can be completed within a four-month time frame from notice to proceed. A detailed schedule for preparation of the IS/MND is as follows: ♦ The Planning Center I DC&E submits Project Description to the City- 2 weeks after NTP ♦ City staff approves Draft Project Description- 1 week from receipt ♦ The Planning Center I DC&E submits Administrative Draft IS/MND to City- 1 month from receipt of Project Description ♦ City submits one round of comments to The Planning Center I DC&E- 2 weeks from receipt ♦ The Planning Center I DC&E submits Screencheck Draft IS/MND to City- 1 week ♦ City submits final comments on the Draft IS/MND-3 days ♦ The Planning Center I DC&E submits IS/MND to City and State Clearinghouse--4 days ♦ Start 30-day review period ♦ Environmental Review Committee ♦ End 30-day review period-30 days ♦ The Planning Center I DC&E submits Administrative Draft Responses to Comments Memorandum and MMRP-2 weeks ♦ City returns one set of comments to The Planning Center I DC&E - 1 week THE PLANNING CENTER I DC&E 9 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK IS/MND E X H I B I T A: S C O P E O F WORK AND COSTS ♦ The Planning Center I DC&E submits Final Response to Comments Memorandum and MMRP-November 30,2012- 1 week ♦ Planning Commission and City Council Hearings III. COSTS As shown in Table 1, the estimated cost to complete the scope of work described in this proposal is $34,935. The Planning Center I DC&E team will complete this scope of work for a fixed fee not to exceed this amount. We are flexible regarding project costs and hope that you will not eliminate us from consideration on the basis of cost alone. The billing rates for each team member are included in Table 1. The Planning Center I DC&E bills for its work on a time-and-materials basis with monthly invoices. A. Cost Guarantee DC&E guarantees that it will complete a contracted scope of work for the contracted cost. Any in-contract cost overruns are absorbed by the firm and are not passed on to the client. B. Assumptions This scope of work and cost estimate assumes that: ♦ Billing rates for this project are guaranteed through June 2013. Billing rates would be subject to an increase of up to 6 percent on July 1, 2013, and in each subsequent year thereafter. A budget increase would be necessary to cover costs incurred after July 1,2013. THE PLANNING CENTER I DC&E 10 JULY 17,2012 C I T Y O F C U P E R T I N O MARY AVENUE DOG PARK IS/MND E X H I B I T A: S C O P E O F WORK AND COSTS ♦ The Planning Center I DC&E will send an invoice for work completed each month. The invoice will show hours worked by labor category, billing rate, and total by labor category plus subconsultants and reimbursable expenses. Special invoicing requirements may necessitate an additional fee. ♦ Our cost estimate includes the meetings listed under Task D., Public Meetings. Additional meetings would be billed on a time-and-materials basis. Steve Noack will attend all project meetings and other public meetings. Each meeting will last up to two hours. Subconsultant team members could also attend additional meetings or hearings for an additional cost based on time and materials. ♦ No more than 36 hours of The Planning Center I)C&E staff time will be required to prepare the Response to Comments Memorandum, including responding to public comments and comments from the City on the Administrative Draft. If additional labor is necessary, a contract amendment allowing additional work will be necessary. ♦ City of Cupertino staff will act as a clearinghouse for comments on all administrative draft documents, and will provide The Planning Center DC&E with a single, internally reconciled set of comments on each administrative draft. ♦ There will be a single round of intensive review and revision to each administrative draft product prior to the screencheck draft. If City of Cupertino staff feels that a second administrative draft is needed, a contract amendment allowing additional work will be necessary. ♦ Revisions to screencheck drafts will focus on typographical errors, formatting and other minor edits. Such revisions will not include content changes. ♦ The Planning Center DC&E will use Microsoft Word and/or Adobe InDesign for page layout of reports, plans and similar documents. Additional software such as Adobe Illustrator, Adobe THE PLANNING CENTER I DC&E II JULY 17,2012 C I T Y O F C U P E R T I N O M A R Y A V E N U E DOG PARK I S/M N D E X H I B I T A: S C O P E O F WORK AND COSTS Photoshop, ArcGIS and AutoCAD will be used to create illustrations, maps,diagrams and other graphics. ♦ All products will be submitted to the City of Cupertino in electronic (PDF) format, except for printed copies that are specifically identified in Table 1. If the printing allowance in Table 1 is exceeded, additional printing costs will be billed at The Planning Center DC&E's actual cost. ♦ City of Cupertino staff will be responsible for meeting logistics, including schedule co-ordination,document production,printing notices, mailing costs, room reservations, room set-up and take-down, and refreshments. THE PLANNING CENTER I DC&E 12 JULY 17,2012 Table I The Planning Center I DC&E Mary Avenue Dog Park IS/MND Cost Est:imate Senior Graphics/ Clerical/ Hours per Task Principal Associate Associate Planner WP Intern A. Project Initiation 4 8 16 2 B. Environmental Review 8 13 62 122 12 C. Public Review and Response to Comments 2 6 8 D. Public Meetings 12 12 Total Hours 26 13 88 146 12 2 Billing Rate $190 $165 $135 $85 $80 $70 Labor Cost $4,940 $2,145 $11,880 $12,410 $960 $140 Total Firm Labor Cost $32,475 EXPENSES Mileage(@$0.555 per mile) 200 Arborist's Report 1,210 Deliveries 100 Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) 650 Report Production 300 Total Expenses $2,460 TOTAL $34,935 7/17/2012