14-122 PlaceWorks for consultant services for CEQA Review for the KCR Hotel Project OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223• FAX: (408)777-3366
C U P E RT I N O WEBSITE:www.cuportino.org
September 22, 2014
Placeworks
1625 Shattuck Avenue Suite 300
Berkley, CA 94709
Re: Second Amendment to agreement for consultant services for the KCR Project.
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
� a
SECOND AMENDMENT TO THE AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND PLACEWORKS FOR CONSULTANT SERVICES FOR
THE KCR HOTEL PROTECT
This Second Amendment to the Agreement between the City of Cupertino and
PlaceWorks, for reference dated August 22nd, 2014, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and PlaceWorks, a
California corporation, whose address is 1:_625 Shattuck Avenue, Suite 300, Berkeley,
California 94709, (hereinafter "CONTRACTOR"), and is made with reference to the
following:
RECITALS:
A. On Tune 6, 2014, an agreement was entered into by and between City and
PlaceWorks (hereinafter "Agreement").
B. City and PlaceWorks desire to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. TERM:
The term section of the Agreement shall remain the same and shall be in full
force and effect.
2. SERVICES TO BE PERFORMED:
Additional services to be performed include the additional scope of work
described in Exhibit A.
3. COMPENSATION:
The Compensation section of the Agreement shall be increased by this
amendment in the amount not to exceed $4,383.00, for a total contract amount not to
exceed $85,746.00
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 71 of 2
Second Amendment,PlaceWorks,KCR Hotel Project,8-22 1.4
r
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By
,Q
Gar 'Chao, City Planner
Title
Date
Date
APPR ED AS TO FORM:
By
Carol KoradeCity Attorney
ATTEST:
B -9 d
y 9�
Grace Schmidt, City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO#58530
Original Contract:110-2211,-BS 23418 $77,375.00
Amendment 91:110-2211,BS 23697 $3,988.00
Amendment#2:110-2211,BS 24225 $4,383.00
Total: $85,746.00
Page 2 of 2
Second Amendment,PlaceWorks,KCR Hotel Project,8-22-14
EXHIBIT A
AL, .
RKS
CONTRACT MODIFICATION
PROJECT KCR Hotel Project Review
PLACEWORKS PROJECT NUMBER COCU-04.0 CONTRACT MODIFICATION NUMBER 2
DATE August 5,2014
FROM Kyle Simpson
TO George Schroeder
City of Cupertino, Planning Division
10300 Torre Avenue
Cupertino,CA 95014
THIS CONTRACT MODIFICATION AMENDS THE EXISTING CONTRACT BETWEEN PLACEWO'RKS AND THE CITY
OF CUPERTINO FOR THE HYATT HOUSE CEQA REVIEW.
' r
The existing scope of work is hereby amended as follows:
The cost estimate for this Contract Modification is included on Table 1.
The following task names and number are keyed to the previously-approved
scope of work.
Task B. Traffic Impact Analysis
15.Traffic Update
Hexagon will analyze an intersection not previously included in the completed
Traffic Impact Analysis (TIA).
The City of Cupertino has requested that Hexagon Transportation Consultants
analyze the intersection of Wolfe Road and Homestead Road under all traffic
scenarios. Because,this intersection was not included in the original scope of work,
incorporating this change will require the following additional analysis:
♦ Evaluate Traffic Conditions at the Intersection of Wolfe Road and Homestead
Road. Intersection levels of service will be evaluated at.this intersection during
the AM and PM peak hour under all the traffic scenarios included in the TIA.
Hexagon will use existing count data for that intersection,which was collected
in 2011 for another traffic study. t
♦ Update the Draft Traffic Report. Hexagon will update the existing draft report,
including all text, tables, and figures to reflect the addition of this study
intersection.
162 5 - tt'u.6..Ave�i e, Suite.<t,.r 300 f hC l \x.�g f # S R o£s'f F : c..T -, ..q.. 0, r P'.a c e +.r` :'r«
o
KEWORKS
Task C. Environmental Review
1. Initial Study Preparation
PlaceWorks will update the Initial Study based on the revised site plan dated July
30,2014.
Construction-related air quality and greenhouse gas (GHG) emissions will be
revised based on the updated site plan for the Hyatt House at Vallco Park. Based
on the updated construction information,the revised site plan result in additional
soil export,which would result in additional criteria air pollutant and GHG emissions
generated during this construction phase.To ensure the environmental document
is internally consistent, emissions modeling will be updated using the California
Emissions Estimator Model (CaIEEMod) and the revised model outputs will be
incorporated into the MND.
Other resource topic areas will be updated, as appropriate,to reflect.the
updated site plan.
PREVIOUS CONTRACT AMOUNT $ 81,363.00
AMOUNT OF THIS AMENDMENT $ 4,383.00
NEW TOTAL.CONTRACT AMOUNT $ 85,746.00
Terms for billing and payment of the additional contract cost:
Same as existing contract.
All other terms and conditions of the proposal dated April 29, 2014 remain
unchanged.
PLACEWORKs CLIENT SIGNATURE
STEVE'NOACK, PRINCIPAL
I
r.
Table 1 ,
KCR Hotel Project Review
Contract Modification 2
Cost Estimate
PlaceWorks Hexagon
Steve Senior Project
Hours per Task Noack, Associate/ Associate Planner/ Project Graphics/
Principal Engineer Planner Designer Scientist WP Labor Per
Task A. Project Initiation Task
Task B.Traffic Impact Analysis
Task C. Environmental Review
Task D. Public Review and Response to Comments Memo 10 4
Task E.Adoption of CEQA Document 2,1'40
Project Management and Staff Meetings
Total Hours -
Billing Rate - 10 4 - _
— Labor Cost $200 $160 $135 $105 $95 $80
$0 $1,600 $540 $0 $0 $0
Total Firm Labor Cost
EXPENSES $2,140 $2,000
Subconsultant Administration (10%)
Office Expenses(Phone, Fax, Copies,etc. @ 2%'of Labor) 200
Total Expenses 43
'
TOTAL PER FIRM $243
$
GRAND TOTAL 2,383 $2,000
$4,383
8/5/2014
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(403)777-3223•FAX: (408)777-3366
C U P E RT 1 N O WEBSITE:www.cijpertino.org
July 7, 2014
P1aceWorks
1625 Shattuck Ave. Suite 300
Berkley, CA 94709
Re: First Amendment to agreement for consultant services.
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
0
F�R�T AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
PLACEWORKS FOR CONSULTANT SERVICES FOR THE KCR HOTEL PROJECT
This First Amendment to the Agreement between the City of Cupertino and
PlaceWorks, for reference dated June 6, 2014, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "CITY") and PlaceWorks, a
California corporation, whose address is 1625 Shattuck Avenue, Suite,300;.Berkeley,
California 94709, (hereinafter "CONTRACTOR"), and is made with reference to the
following: ,
RECITALS:
A. On Tune 6, 2014, an agreement was entered into by and between City and
PlaceWorks (hereinafter "Agreement").
B. City and PlaceWorks desire- to modify the Agreement on the terms and
conditions set forth herein.
NOW, THEREFORE, it is mutuallly agreed by and between and undersigned
parties as follows:
1. TERM:
The term section of the Agreement shall remain 'the same and shall.be in full
force and effect.
2. SERVICES TO BE PERFORMED:
Additional services to be. performed include the additional scope of work
described in Exhibit A.
3. COMPENSATION:
The Compensation section of the Agreement shall be increased by this
amendment in the amount not to exceed $3,988.00, for a total contract amount not to
exceed $81,363.00
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 1 of 2
First Amendment,PlaceWorks,KCR Hotel Project;6-184:4:
u
IN WITNESS WHEREOF, the parties hereto have caused this fnodification of
Agreement to be executed.
CITY OF CUPERTINO
A Municipal Corporation
By:ht:::> By
G ryChao, City Planner
Title 1/V C/oda }
Date
Date
APPROVED AS TO FORM:
By A"
Carol Korade,City Attorn
ATTEST:
By C 0 V- 44i
Grace Schmidt, City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
Original Contract:110-2211,BS 23418 $77,375.00
Amendment#1:110-2211,BS 23697 $3,988.00
Total: $81,363.00
�G e'
Page 2 of 2
First Amendment,P1aceWorks,KCR Hotel Project,6-18-14
f
Exhibit A
PLACEWORKS
CONTRACT MODIFICATION
PROJECT KCR Hotel Project Review
PLACEWORKS PROJECT NUMBER COCU-04.0 CONTRACT MODIFICATION NUMBER 1
DATE June 2,2014
FROM Kyle Simpson
TO George Schroeder
City of Cupertino, Planning bivision
10300 Torre Avenue
Cupertino, CA 95014
THIS CONTRACT MODIFICATION AMENDS THE EXISTING CONTRACT BETWEEN PLACEWORKS AND THE CITY
OF CUPERTINO FOR THE HYATT HOUSE CEQA REVIEW.
The existing scope of work is hereby amended as follows:
The cost estimate for this Contract Modification is included on Table 1.
The following task names and number are keyed to the previously-approved
scope of work.
Task.B.Traffic Impact Analysis
14. Parking Study
Based on the information provided by the City, Hexagon Transportation
Consultants understands that the proposed hotel would provide a parking supply
that is less than the number of spaces required by the Parking Ordinance,Chapter
19.124 of the Municipal Code. As a result,the Project would require a Parking
Exception. Parking Exceptions require a detailed parking study to demonstrate
that the proposed use is compatible with the proposed parking supply. Hexagon
will conduct a detailed parking study at three existing business hotels in Cupertino:
Aloft, Cupertino Inn and Hilton Garden Inn.The parking study will include
conducting parking counts between the hours of 6 PM and 10 PM (when the
parking demand is expected to peak) on a typical weekday and on the weekend
to determine an appropriate parking ratio for business hotels. PlaceWorks will edit
the study into the Initial Study document.
1
1.625 Shattuck Avenue, Suite 300 Berkeley,California 94709 510.848.3815 ( PlaceWorks.com
PLACEWORKS
PREVIOUS CONTRACT AMOUNT $ 77,375.00
AMOUNT OF THIS AMENDMENT $ 3,988.00
NEW TOTAL CONTRACT-AMOUNT $ 81,363.00
Terms for billing and payment of the additional contract cost:
Same as existing contract.
All other terms and conditions of the proposal dated April 29,-2014 remain
unchanged.
1
PLACE WORKS CLIENT SIGNATURE
STEVE NOACK, PRINCIPAL
• �l
Table 2
KCR Hotel Project Review Cost Estimate
PlaceWorks Hexagon
Steve Senior Project
Noack, Associate/ Associate Planner/ Project Graphics/ Labor Per
Hours per Task Principal Engineer Planner Designer Scientist WP Task
Task A. Project Initiation
Task B.Traffic Impact Analysis I 135
Task C. Environmental Review
Task D. Public Review and Response to Comments Memo _
Task E.Adoption of CEQA Document
Project Management and Staff Meetings
Total Hours
Billing Rate $200 $165 $135
$105 $95 $80
Labor Cost $0 $0 $135 $0 $0 $0
Total Firm Labor Cost $135 $3,500
EXPENSES
Mileage(@$0.565 per mile)
Travel
Subconsultant Administration(10%) 350
Deliveries _
Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) 3
Report Production
Total Expenses $353
TOTAL PER FIRM $488 $3,500
GRAND TOTAL $3,988
6/2/2014
OFFICE OF THE COTY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(403)777-3223• FAX: (408)777-3366
C U P E R.T.I N O WEBSITE:www.ctipertino.org
July 7, 2014
PlaceWorks
1625 Shattuck Ave. Suite 300
Berkley, CA 94709
Re: Agreement for contract services.
A fully executed copy of the agreement foi', consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office-Assistant
City Clerk's Office
Enclosure
cc: Community Development
4, R 6
AG EEMENT BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS
FOR CONSULTANT SERVICES FOIE: CEOA REVIEW FOR THE KCR HOTEL
PROJECT
THIS AGREEMENT, for reference dated Tune 6, 2014, is by and between
CITY OF CUPERTINO, a municipal. corporation (hereinafter referred to as
"City"), and P1aceWorks, a California corporation, whose address is 1625
Shattuck Avenue, Suite"300, Berkeley, California 94709 (hereinafter referred to as
"Consultant"), and,is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. City and Consultant desire to enter into an agreement for a total
amount not to exceed SEVENTY SEVEN THOUSAND, THREE HUNDRED
SEVENTY FIVE DOLLARS ($77,375)upon the terms and conditions herein.
NOW, THEREFORE, it is n iutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement sh a.11 commence on Tune 6, 2014, and shall
terminate on Tune 30, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit A,
according to the project schedule set forth in Exhibit B, which are attached hereto
and incorporated herein by this reference, in accordance with the terms and
conditions set forth in this agreement.
Consultant's Project Manager to represent consultant during the day-to-
day work on the Project is Steve Noack, Principal. Consultant's Project Manager
shall have supervisory responsibility for the performance, progress, and
execution of the Services. If circumstances cause.,the substitution of the project
director, project coordinator, or any other key personnel for any reason, the
appointment of a substitute project director and the assignment of any key new
or replacement personnel will be subject to the prior written approval of the City.
Consultant, at City's request, also agrees to promptly remove personnel who
City finds do not perform the Services in an acceptable manner.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amounts set forth in Exhibits "C", which are attached hereto
and incorporated herein by this reference. Payment shall be made by checks-
drawn on the treasury of the City, to be taken from the 110-2211 fund.
Consultant shall submit monthly invoices to the City in accordance with
the provisions set forth in Exhibits C.
4. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
5: STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
6. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer-independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance; workers'
compensation plans, vacation and sick leave are. available from City to
Consultant, its employees or agents. Deductions,shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity
and employment authorization of all of his/her employees performing work
hereunder,. pursuant to all applicable IRCA or other federal, or state rules and
regulations. Consultant shall indernify and hold City harmless from and
against any loss, damage, liability,, costs or expenses arising from any
noncompliance of this provision by Consultant.
8. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
9. HOLD HARMLESS:
A. Indemni1y Obligations Subject to Civil Code Section 2782.8
1. Where the law establishes a standard of care for Consultant's
professional services, and to the extern 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 iu1d 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 or active
negligence or willful misconduct of City, its agents or employees.
2. Notwithstanding the foregoin;�, the Consultant has no duty to provide
or to pay for an up-front defense against unproven claims or allegations, but
shall pay or reimburse the City for its reasonable attorneys' fees of counsel of
City's choice, expert fees and all other costs and fees of litigation to the extent
caused by the negligence, recklessness, or willful misconduct of Consultant or its
0
a
employees, officers, officials, agents or independent contractors. However, the
Consultant shall provide its immediate and active cooperation and assistance to
the City, at no additional cost to the City, in analyzing, defending, and resolving
such claims.
B. Claims for Other Liability. For all liabilities other than those included
within paragraph A. above, Consultant shall, to the fullest extent allowed by law,
indemnify, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers against any and all liability, claims, actions, causes of
action or demands whatsoever from and 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 negligent performance of this
Agreement by Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include reasonable
attorneys' fees of counsel of City's 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 or active
negligence or willful misconduct of City, its agents or employees.
C. Claims involving intellectual propel. In addition to the obligations set
forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the
City, its elected and appointed officers, employees, and volunteers, harmless
from and against any Claim in which a violation of intellectual property rights,
including but not limited to copyright or patent rights, is alleged that arises out
of, pertains to, or relates to Consultant's negligence, recklessness or willful
misconduct under this Agreement. 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.
10. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not
limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be
canceled or coverage reduced before the expiration.date thereof, the insurer
affording coverage shall provide thirty (30) days' advance written notice to the
City of 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 Liabi:[ft:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least$1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs-of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance coverage,
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.
11. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
12. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly, by operation of law or
otherwise, without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and.any assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written,
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an.assignment of this Agreement.
Control means .fifty percent (50%) or more of the voting power of the
corporation.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent.from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall
be used in the performance of this Agreement. Consultant.may change or add
subcontractors only with the.prior written approval of City.
In the event that Consultant errLploys 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.
14. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all- approl'iriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
15. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively refe_irred 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 once payment has been
received by the Consultant. 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. If
such Reports are reused by City for any purpose other than that for which such
Reports were originally prepared, or if City causes such Reports to be altered
without Consultant's written consent, such reuse shall be at City's risk.
16. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided .in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be maintained for a period of three (3) years
after receipt of final payment.
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter
provided.
All.notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava, Director of Community Development
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
PlaceWorks
1625 Shattuck Avenue, Suite 300
Berkeley, California 94709
Attention: Steve Noack, AICP, Principal
18. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith.by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving; seven (7) days' prior written notice to
Consultant as provided herein. Upon germination 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.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and;all ordinances,
rules and regulations enacted or issued by City.
20. 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.
21. 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.
22. 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.
23. 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.
24. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limit or amplify the terms or provisions of
this Agreement.
IN WITNESS WHEREOF, the parties have caused.the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation
P1aceWorks
9
Byll By Gar Chao
Title /L nl. Pte, Title Assist tD -ec�r
Date sZ 3zz 1� Date 1-K- ?,0
RECOMMENDED FOR APPROVAL:
B Y 5 is
Title Assistant City Manager
APP'C VED AS TO FORM:,
By
City Attorney
ATTEST:
By:
City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
Contract Amount: $77,375.00
Account: 110-2211,BS 23418 ,
r
0
Exhibit A
PLACEWORKS.
April 29, 2014
George Schroeder
Associate Planner
City of Cupertino Planning Division
10300 Torre Avenue I Cupertino,CA 95014
408-777-7601 1 georges @cupertino.org
Re: Proposal to Prepare the KCR Hotel Project CEQA Review
Dear George:
Per your request, we have prepared the attached scope of work to prepare the KCR Hotel Project
CEQA Review for the City of Cupertino.
Work Scope
This scope of work describes the tasks to be completed by the PlaceWorks team for KCR Hotel Project
CEQA review, and the schedule by which each of these products will be completed. The proposed
project is to construct a 148-room, 5-story hotel on the southeast quadrant of the Wolfe Road/1-280
interchange. The facility includes a full service restaurant, bar, and meeting rooms. Parking would be
provided through an underground garage(73 spaces)and surface lot(90 spaces).
Based on our understanding of the proposed project, it is assumed in this scope of work that the
resulting document will'be an Initial Study and Mitigated Negative Declaration (MND), which will be
based either on the Appendix N (infill) or Appendix G,checklist in the CEQA Guidelines.As a first step,
following Notice to Proceed, PlaceWorks will evaluate the project under the CEQA Guidelines, Section
15332 to determine whether the project could bE!classified as exempt, based on the criteria set forth
in the Section. (Time for this task is included as part of Task A, below.)
A summary of the work program is presented in Table 1.
Task A. Project Initiation
This task involves activities related to start-up of environmental review for the project and has been
structured to streamline the process and optimize the overall timeline for KCR Hotel Project. The
activities included under this task will also clearly establish the parameters for the technical analyses
and CEQA review to follow.
1. Start-Up Meeting and Site Visit °
PlaceWorks and Hexagon will attend a start-up meeting with City staff to discuss expectations and
concerns, and to review key issues, information needs, work' products, and schedules. The
methodology to be used for the Traffic, Air Quality, and GHG analysis will also be reviewed at this
meeting to ensure the parameters for the analysis are clearly established at the outset of the process.
1625 Shattuck Avenue,Suite 300 Berkeley, California 94709 510.848.3815 ( PlaceWorks.com
PLACEWORKS
T R4K PR®GRAIvi SUNINIARY
Task A: Project Initiation
1. Start-Up Meeting&Site Visit 2. Project Description
Task B: Traffic Impact Analysis
1. Site Reconnaissance 7. Evaluate Project Conditions
2. Observe Existing Traffic Conditions in the Study 8. Vehicle Queuing Analysis
Area 9. Site Access, On-Site Circulation, & Parking
3. Data Collection 10.Bicycle, Pedestrian, &Transit Facilities
4. Evaluate Existing Conditions 11.Evaluate Cumulative Conditions
S. Evaluate Background Conditions 12.Impacts& Recommendations
6. Project Trip Generation, Distribution, & 13.Reports&Response to Comments
Assignment
Task C: Environmental Review
1. Initial Study Preparation (IS) 3. IS/MND Delivery
2. Mitigated Negative Declaration (MND) 4. Mitigation Monitoring &Reporting Program
Preparation Preparation &Delivery
Task D: Public Review&Response to Comments
Task E: Adoption
2. Project Description
PlaceWorks will draft a Project Description using graphics and textual information provided by the City
and applicant. The Project Description will include detailed information on the site preparation and
project construction. We will submit one electronic copy of the Draft Project Description to the City
for review and comment. Upon.approval by City staff, the Project Description will be distributed
PlaceWorks team for reference.
Task B. Traffic Impact Analysis
Hexagon will prepare a stand-alone Traffic Impact Analysis (TIA) report for the proposed project. The
TIA report will be critical to the environmental review of the project and will provide inputs used for
air quality, GHG, and noise modeling.The purpose of the traffic analysis is to satisfy the requirements
of the California Environmental Quality Act (CEQA), City of Cupertino, and the Valley Transportation
Agency (VTA). The VTA administers-the Santa Cara County Congestion Management Program (CMP).
Since the project would not generate more than 100 peak hour trips, a CMP analysis will not.be
required. Hexagon completed a preliminary trip generation estimate using the vehicular trip
generation rates recommended by the Institute of Transportation Engineers Trip Generation, 9th
Edition. It is not anticipated that a freeway analysis will be necessary for this project.
The traffic analysis will include an analysis of weekday AM (7-9 AM)and PM (4-6 PM) peak-hour traffic
conditions and will determine the traffic impacts of the proposed development on key intersections in
the vicinity of the site.
April 29, 2014 I Page 2
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Hexagon will study the following nine intersections:
1. Wolfe Road and 1-280 NB Ramp*
2. Wolfe Road and 1-280 SB Ramp*
3. Wolfe Road and Vallco Parkway
4. Wolfe Road and Stevens Creek Boulevard*
S. Perimeter Road and Vallco Parkway
6. Finch Avenue and Vallco Parkway
7. Finch Avenue and Stevens Creek Boulevard
8. N Tantau Avenue and Vallco Parkway
9. N Tantau Avenue and Stevens Creek Boulevard
Asterisk(*)denotes CMP intersections.
The tasks to be included in the traffic analysis are:
1. Site (Reconnaissance
The physical characteristics of the site and the surrounding roadway network will be reviewed to
identify existing roadway cross-sections, speed limits, intersection lane configurations, traffic control
devices,and surrounding land uses.
2. Observe Existing Traffic Conditions in the Study Area
Existing traffic conditions will be observed in the field in order to identify any operational deficiencies
and to confirm the accuracy of calculated levels of service.
3. Data Collection
Existing AM and PM peak-hour traffic volumes for seven of the-study intersections as well as
information on approved projects will be obtained from the City of Cupertino General Plan
Amendment EIR traffic study project. The intersections at Perimeter/Vallco and Finch/Vallco will
require new turning movement counts to be conducted on a typical weekday (Tuesday through
Thursday)for both the AM and PM peak periods.
4. Evaluate Existing Conditions
The existing traffic conditions at the key intersections will be evaluated with the City of Cupertino's
level of service methodology using current AM and PM peak-hour volumes.
5. Evaluate Background Conditions
Background traffic volumes represent the existin€;volumes plus the projected volumes from approved
developments that have not yet been constructed and occupied, and will include the Main Street
project currently under construction. Approved project'trips and/or approved project information will
be obtained from the City of Cupertino General Plan Amendment EIR traffic study project.
April 29, 2014 1 Page 3
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6. Project Trip Generation, Distribution, and Assignment
Estimates of trips to be added to the surrounding roadway network by the proposed development will
be based on the trip generation rates published by the ITE Trip Generation Manual 9th Edition.
Estimates will be made for peak-hour and daily trip generation, including Saturday and Sunday. The
directional distribution of site-generated traffic will be forecasted based on the existing travel
patterns, and relative locations of complementary land uses. The site-generated traffic will be
assigned to the roadway network based on the trip generation and distribution pattern discussed
above. Estimates will be made of both peak-hour and daily volumes at each of the study intersections.
7. Evaluate Project Conditions
Project-generated traffic will be added to (1)existing, and (2) background traffic volumes. Intersection
level of service calculations will be conducted to estimate the operating levels of the key intersections
during the AM and PM peak hours after the completion of the proposed development under existing
+project and background+project conditions.
B. Vehicle Queuing Analysis
For selected locations where the project would add a significant number of left-turning vehicles, the
adequacy of existing/planned storage at turn pockets will be assessed by means of comparison with
expected maximum (95th percentile) vehicle queues. Queuing at the project driveway also will be
evaluated.
9. Site Access, On-Site Circulation, and Parking
Hexagon will review the project site plan to determine the overall adequacy of site access and on-site
circulation in accordance with generally accepted traffic engineering standards. The review will
include a quantitative analysis of the anticipated traffic volumes at the access points, as well as a
qualitative analysis of the proposed site circulation and parking layout. Parking supply and layout will
be evaluated in accordance with the City of Cupertino parking standards.
Hexagon and PlaceWorks will also coordinate with MIG on the Vallco Connectivity Plan to address
future access and circulation design within the Vallco District in relation to the proposed project.
10..6icycle, Pedestrian, and Transit Facilities
A qualitative analysis of the project's effect on transit service in the area and on bicycle and
pedestrian circulation in the study area will be included in the traffic report. Any impacts of the
project on nearby facilities will be identified and improvements recommended to mitigate impacts.
11. Evaluate Cumulative Conditions
Cumulative conditions represent future traffic conditions with the proposed project and the addition
of expected growth in the area. Cumulative traffic volumes will be based on the City of Cupertino
General Plan Amendment EIR TIA.
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12. Impacts and Recommendations
Hexagon will identify and describe impacts, basE�d on the results of the level of service calculations.
They will develop recommended mitigation measures that identify the locations and types of
improvements or modifications necessary to mitigate significant project impacts.
13. Reports and Response to Comments
Hexagon will summarize their findings and recommendations in a draft TIA report. Hexagon will
respond to editorial comments on the administrative draft report and prepare a final TIA report.
PlaceWorks will edit the report into the Initial,Study document.
Task C. Environmental Review
1. Initial Study Preparation
PlaceWorks 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. CEQA permits the exclusion of environmental issues on which it
can be seen with certainty that the project would have no significant negative impact. Given the
urbanized character of Cupertino and the level of development in the area surrounding the project
site, the following CEQA resource categories are not considered relevant for the project and will be
summarily dismissed in the Initial Study:
Agricultural and Forestry Resources
Mineral Resources
In keeping with the requirements of CEQA, the Initial Study will include a detailed analysis to
determine the environmental impacts for the following resource categories:
a. Aesthetics
PlaceWorks will use its expertise in site plannirug*and urban design to analyze potential aesthetic
impacts associated with the proposed project. Using renderings and graphic information supplied by
KCR, the analysis will focus on the visual compatibility of the project with adjoining development,
preservation of scenic vistas and view corridors, and light and glare impacts. This scope of work does
not include preparation of or technical evaluation of visual simulations of the project.
b. Air Quality Greenhouse Gas Emissions and Community Risk and Hazards
PlaceWorks will conduct a Criteria Air Pollutant Emissions, Greenhouse Gas (GHG) Emissions, and
Community Risk and Hazards analysis to evaluate potential air quality and GHG impacts of the
proposed Project. The analyses will be prepared in accordance with the Bay Area Air Quality
Management District's (BAAQMD) CEQA Air Quality Guidelines for impacts, of the Project on the
environment.' The approach outlined below is based on BAAQMD's Guidelines and screening tables
' While adoption of the thresholds was set asidE!until an environmental evaluation is conducted pursuant to
a recent court ruling, the BAAQMD's significance criteria, as outlined in their CEQA Guidelines, are supported by
extensive studies and analysis.
L
April 29,.2014 1 Page 5
PLACEWORKS
for Project-Level analyses. Results of the technical analyses will be compiled in the MND and modeling
will be included as an appendix.
i. Air Quality
a) Construction
The proposed Project would result in the construction of up to 148 hotel rooms.The screening criteria
identify project sizes that have been determined to have emissions.that do not exceed BAAQMD's
significance thresholds. Because operation of the Project would not exceed the BAAQMD screening
criteria for criteria pollutants for a hotel project,which is 554 hotel rooms, a full (quantitative)analysis
of Project-related criteria air pollutant impacts would not be warranted. Consequently, construction-
related air quality impacts of the Project will be discussed qualitatively in the MND based on
BAAQMD's screening criteria.
b) Operation
Operation of the Project would not exceed the BAAQMD screening criteria for criteria pollutants for a
hotel project, which is 489 hotel rooms. Therefore, a full (quantitative) analysis of Project-related
criteria air pollutant impacts would not be warranted. Consequently,the operational phase air quality
impacts of the Project will be discussed qualitatively in the MND based on BAAQMD's screening
criteria: The operational phase analysis will also evaluate consistency with BAAQMD's air quality
management plan and placement of sensitive land uses proximate to existing odors. It is anticipated
that the Project would not generate enough traffic volumes to warrant a detailed carbon monoxide
hotspot analysis; therefore, a detailed analysis compared to BAAQMD's carbon monoxide thresholds
is not necessary and impacts would also be handled qualitatively.
ii. Community Risk and Hazards
a) Off-Site Construction Health Risk
Projects with construction activities proximate to sensitive land uses have the potential to expose
sensitive individuals to elevated concentrations of toxic air contaminants and fine particulate matter
(including diesel particulate matter). The closest sensitive receptors to the Project site are
approximately 200 meters (656 feet)to the west. Based on BAAQMD's Screening Tables for Air Toxics
Evaluation During Construction, sensitive receptors would need to be within 150 meters (492 feet) in
order to trigger BAAQMD's construction risk significance thresholds. Consequently, construction-
related community risk and hazards impacts of the Project will be discussed qualitatively in the MND
based on BAAQMD's screening criteria.
a) On-Site Operational Health Risk
BAAQMD also requires evaluation of potential on-site community risk and hazard impacts if sensitive
receptors are located proximate to major sources of air pollution.The proposed Project is adjacent to
Interstate 280 (1-280), which has traffic volumes significantly greater than 10,000 vehicles per day.
While BAAQMD considers hotels to be sensitive land uses, based on communications with BAAQMD,
the overall exposures would be short term and likely not be of concern and would not exceed
BAAQMD's community risk and hazards significance threshold. Consequently, operational-related
community risk and hazards impacts of the Project will be discussed qualitatively in the MND based on
BAAQMD's guidance regarding the relatively short exposure duration for this type of sensitive land
use.
April 29, 2014 1 Page 6
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i
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iii. Greenhouse Gas Emissions
a) Greenhouse Gas Emissions Inventory
The Project involves the construction of up to 148 hotel rooms and would exceed the screening
criteria for GHG emissions, which is 83 hotel roorns. A GHG emissions inventory will be conducted for
the proposed Project. GHG emissions from transportation sources, area .sources (landscaping fuel,
architectural coatings, consumer products), energy sources (natural gas consumption, energy use),
water and wastewater, and waste will be calculated using a BAAQMD approved model (e.g.,
CalEEMod). Based on a preliminary model run for a 148-room hotel, the Project would exceed
BAAQMD's significance threshold of 1,100 metric tons of carbon dioxide-equivalent emissions. The
majority of criteria air pollutant and GHG emissions generated by the Project will be from new vehicle
trips traveling to and from the Project site. Therefore, we will need to work coordinate closely with
Hyatt and the traffic consultant to obtain daily truck/vendor deliveries for typically hotels; weekday,
Saturday, and Sunday trip generation; and trip reductions associated with use and availability of
alternative modes of transportation and other transportation control measures,-as documented in the
traffic study. GHG emission reductions from project design features, which reduce other operational
sources of emissions, will also be quantified. The MND will incorporate mitigation measures, as
necessary,to achieve BAAQMD's significance criteria.
b) Consistency with GHG Reduction Plan:
The GHG emissions analysis will also include a discussion the GHG reduction targets of Assembly Bill
32 (AB 32), as identified in the California Air Resources Board's (CARB)Scoping Plan, and regional per
capita transportation targets for passenger vehiclE!s under Senate Bill 375 (SB 375), as identified in the
Metropolitan Transportation Commission's (MTC) Plan Bay Area. The GHG analysis will also include a
consistency evaluation with applicable goals and policies of CARB's Scoping Plan and MTC's Plan Bay
Area.
The City of Cupertino is in the process of preparing;a Climate Action Plan (CAP). If available at the time
of the analysis, a consistency analysis with the draft CAP's GHG reduction measures will be conducted
for the proposed Project. Additional measures included in the draft CAP will be considered for
inclusion in the Project.
c. Biological Resources
The project site is currently developed as a parking lot and the surrounding area is predominantly
urbanized. As such, the potential for sensitive wildlife and plant species is low. PlaceWorks will-
coordinate with the City's arborist to analyze potential impacts to biological resources drawing on
information contained in existing City environmental documents, including the draft biological
resource section of the General Plan EIR.
d. Cultural Resources
Tom Origer&Associates (TOA) will incorporate their work on the General Plan EIR (Archival research
and field survey) to analyze potential impacts to cultural resources. They will supplement their work
by updating the Native American contact; compiling information from the General Plan EIR into a
report suitable for the hotel project and provide project specific analysis and recommendations.
April 29, 2014 1 Page 7
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PLACEWORKS
e. Geology and Soils
PlaceWorks will analyze potential geological and soil-related impacts based on the project
geotechnical report to be provided by KCR. If a project report is not available PlaceWorks will analyze
potential impacts on readily available geologic information.
f. Hazards and Hazardous Materials
PlaceWorks will review the Phase I Environmental Site Assessment provided by KCR to address
hazards and hazardous materials issues on the project site and in the surrounding area.
g. Hydrology and Water Quality
PlaceWorks will evaluate potential impacts from project implementation related to hydrology, water
quality, and storm-water runoff. NPDES Municipal Permit conditions and Cupertino Code would
require stormwater treatment and control.
h. Land Use and Planning
PlaceWorks will evaluate the proposed project's relationship to surrounding land uses and consistency
with relevant adopted policy documents, including the City of Cupertino General Plan and Zoning
Ordinance. We will also discuss the proposed land use designations and policies addressing future
development in the Vallco District, as well as the recommendations on improving future mobility and
connectivity to be prepared by MIG.
i. Noise
PlaceWorks will prepare noise and vibration analyses to evaluate potential impacts resulting from
temporary construction activities at the existing site, as well as long-term operation of the proposed
hotel project.The noise analysis will evaluate potential stationary noise impacts based on the City of
Cupertino noise and vibration impact thresholds.
PlaceWorks 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.
Potential temporary noise and vibration impacts to nearby sensitive receptors (almost exclusively
single-family residences) during construction of the proposed facilities will be evaluated using
published data from the United States Environmental Protection Agency (EPA) and Federal Transit
Administration (FTA). Impacts will be based on the magnitude of noise generated, the duration of
construction activities, and the time of day construction activities would occur. This will be
accomplished using the construction schedule and equipment list provided by the applicant. It is
assumed that there will be one demolition/construction phase for the development of the hotel
project.
The primary source of long-term, operation noise associated with the proposed new hotel usage will
be vehicle traffic on adjacent streets, and 1-280. Potential traffic noise increases to nearby uses will be
calculated using a version of the Federal Highway Administration's (FHWA) traffic noise prediction
model and will be based on the average daily roadway segment volume forecasts and speeds provided
to PlaceWorks in the traffic impact analysis prepared for the project. Land use compatibility relative to
community noise will be assessed using future traffic noise projections for pertinent local roads and
freeways (most notably, 1-280 Freeway North Wolfe Road). Also, for the long-term noise impacts
April 29, 2014 Page 8
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related to the operation of stationary equipment such as the rooftop heating, ventilation, and air
conditioning units, impacts onto adjacent land uses will be analyzed.
Potential noise and vibration impacts will be evaluated according to applicable City of Cupertino noise
and vibration criteria included in the General PIC-3n and the Municipal Code. 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 thi-r noise and vibration analyses will be summarized in
the MND and pertinent technical details and calculation data sheets to support the noise analysis
presented in.the environmental document will be included as an appendix.
j. Population and Housing
PlaceWorks will summarize the population, employment, and housing impacts that would result from
the project, including an assessment of indirect impacts associated with projected growth.
k. Public Services, Parks, and Recreation
PlaceWorks will contact police and fire service providers to identify concerns about the project and
the potential need for expanded public services. `since the project does not propose the construction
of housing, it would not directly induce growth; however,the potential impacts to schools, parks, and
libraries in the city that could result from indirect growth associated with jobs created through project
operations will be considered in the Initial Study.
I. Transportation
PlaceWorks will summarize the findings from the TIA prepared by Hexagon in Task 6, described above.
Hexagon will recommend mitigation measures if required to mitigate project impacts
1
m..Utilities
PlaceWorks will contact the service providers to identify concerns about the project and evaluate
potential impacts related to water supply and infrastructure, stormwater infrastructure, and solid
waste disposal.
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 is required under CEQA.
PlaceWorks 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, PlaceWorks would
leverage the comprehensive Initial Study Prepared under Task C.1 above to scope out impact areas
where no significant impact would result so as to focus the EIR on key issues.
April 29, 2014 I Page 9
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3. Initial Study/Mitigated Negative Declaration Delivery
One Administrative Draft Initial Study (ADIS) will be prepared and submitted to the City for comment.
PlaceWorks will then revise the ADIS addressing City comments and deliver a Screen Check Draft IS,
prior to the Final Draft IS. The ADIS will be completed within eight (8) weeks of finalization of the
Project Description, and the Screen Check Draft IS will be completed within one (1) week of receiving
comments from the City. The Final IS will be completed one (1) week after receipt of edits to the
Screen Check Draft IS.
Assuming that potential project impacts can be avoided through changes to the project, or mitigated
to less-than-significant levels, we will submit an electronic copy of a Draft MND within one (1)week of
receiving direction from the City for public distribution.
4. Mitigation Monitoring and Reporting Program Preparation and Delivery
Concurrent with the preparation of the Draft MND, we will prepare a Mitigation Monitoring and
Reporting Program (MMRP) for the mitigation measures included in the MND pursuant to the City's
policies and procedures. The MMRP, shown in tabular form, will identify responsibility for
implementing and monitoring each mitigation measure, along with monitoring triggers and reporting
frequency.
Task D. Public Review and Responses 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. City staff will be responsible for noticing and distribution
of the CEQA document to public agencies.
Following the close of the public review period, PlaceWorks will respond to substantive comments
received on the IS/MND in a memorandum form. We will prepare one Draft for review and comment
by City staff, and then revise the Draft to address City comments, and deliver a Final Response to
Comments Memo.
J
Task E. Adoption
Steve Noack will attend one meeting each with the Environmental Review Committee, Planning
Commission,and City Council to respond to questions on the results of the MND.
Schedule, Products, and Meetings
This section describes the products associated with PlaceWorks' work scope and the schedule by
which each of these products will be completed. It also summarizes the meetings that PlaceWorks will
attend for the project. PlaceWorks staff includes Steve Noack as the Principal-in Charge, and Kyle
Simpson,Associate, as the Project Manager.
SCHEDULE
PlaceWorks' proposed schedule for completion of CEQA Review for the Vallco Hotel Project is shown
in Figure 1. As shown in the schedule, we anticipate that the project can be completed by September
April 29, 2014 1 Page 10
PLACEWORKS
2014, within 5 months of receiving Notice to Proceed from the City. We believe this schedule is in
keeping with your needs, but we are happy to revise this schedule if necessary.
PRODUCTS
The following products will be submitted to the City of Cupertino Planning Division in fulfillment of our
proposed scope of work:
• Draft and Final Project Description
• Draft T'IA Report
Im Final TIA Report
Administrative Draft IS/MND/MMRP
Screencheck IS/MN'D/MMRP
Final Draft IS/MND/MMRP
Im Draft Response to Comments Memo
Final Response to Comments Memo
MEETINGS
Steve Noack, Kyle Simpson of PlaceWorks will attend the project kick-off meeting.
Steve Noack will attend the ERC meeting. He is available to attend the Planning Commission and City
Council meetings at the discretion of City staff,on a time and materials basis.
April 29, 2014 1 Page 11
Figure 1 Exhibit B
KCR Hotel Project Review Schedule
PlaceWorks
Start Finish
Duration R
(weeks) 06
77: 1 111
FTaskA. Project Initiation May-2014 May-2014 2
Start Up Meeting/Site Visit May-2014 May 2014 0
Project Description May-2014 May-2014 2
Task B. Traffic Impact Analysis May-2014 Jul-2014 8
Traffic Impact Analysis May-2014 Jun-2014 5 '
Draft Traffic Impact Analysis Report Delivered Jun-2014 Jun-2014 0
Review by City Staff Jun-2014 Jun-2014 2
Final Traffic Impact Analysis Report Jul-2014 Jul-2014 I
Task C. Environmental Review May-2014 Aug-2014 12 '
Initial Study/MND Preparation May-2014 Jul-2014 8
Administrative Draft IS/MND Delivered Jul-2014 Jul-2014 0
Review by City Staff Jul-2014 Jul-2014 2
Screencheck IS/MIND Preparation and Delivery Jul-20 14 Jul-201 4 1
Final Draft IS/MND/MMRP Preparation and Delivery Jul-2014 Jul-2014 I , , , i i i 1
Task F. Public Review& Response to Comments Jul-2014 Sept-2014 6
CEQA Mandated 30-Day Public Review Period Jul-20 14 Aug-2014 4
Prepare Draft Response to Comments Memo Aug-2014 Aug-2014 I
Review by City Staff Aug-2014 Aug-2014 0.5 , , ,
Per are and Deliver Final Response to Comments Memo Aug-2014 Aug-2014 0.5
Task G. Adoption Jul-2014 Sept-2014 7
Environmental Review Committee Jul-2014 Jul-2014
Planning Commission Meet'
ingi Jul-2014 Jul-2014 1
City Council Hearing Sept-2014 Sept-2014
Exhibit C
'"' PLACEWORKS
Cost Estimate
As shown in Table 2, the estimated cost to complete the scope of work described in this proposal is
$77,375. The PlaceWorks 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.
PlaceWorks bills for its work on a time-and-materials basis with monthly invoices. We recommend
planning for a 5 percent to 10 percent contingency fund to cover any unforeseen out-of-scope work
that might be necessary for the project.
ASSUMPTIONS
This scope of work and cost estimate assumes that:
IM Billing rates for this project are guaranteed through June 2015. Billing rates would be subject to an
increase on July 1, 2015, and in each subsequent year thereafter. A budget increase would be
necessary to cover costs incurred after July 1, 2015.
im o
Up nine intersections will be evaluated in Hexagon's Traffic Impact Analysis.
Our cost estimate includes the meetings shown in Chapter 4. Additional meetings would be billed
on a time-and-materials basis. Steve Noack and Kyle Simpson will attend all project meetings, and
Steve Noack will attend all public hearings. We anticipate that each project meeting will last up to
two hours.Subconsultant team members couild also attend additional meetings or hearings for an
additional cost based on time and materials.
No more than 40 hours of PlaceWorks' staff time will be required to respond to public comments
on the Draft IS/MND. If additional labor is necessary, a contract amendment allowing additional
work will be necessary.
Five (5) printed copies of Administrative Draft products will be submitted to City staff for review.
Screencheck drafts will be submitted in electronic (PDF) format. This scope assumes that 25
printed copies of Final Draft IS/MND will be delivered to City stuff for public distribution. The
actual number of copies required will be clE�termined by City staff at a later date. If the City
requires additional print or CD copies in excess of this assumption, additional printing costs will be
billed at PlaceWorks'actual cost.
City of Cupertino staff will be responsible for noticing and distribution of the CEQA document to
public agencies as required under CEQA.
April 29, 2014 1 Page 13
Table 2
KCR.Hotel Project Review Cost Estimate
PlaceWorks Hexagon TOA
Steve Senior Project
Noack, Associate/ Associate Planner/ Project Graphics/
Hours per Task Principal Engineer Planner Designer Scientist WP
Task A.Project Initiation 2 8 4
Task B.Traffic Impact Analysis 2
Task C.Environmental Review 24 16 80 160 50 8
Task D.Public Review and Response to Comments Memo 8 3 24 32 2
Task E.Adoption of CEQA Document 4
Project Management and Staff Meetings 8 32
Total Hours 46 19 146 192 50 14
Billing Rate $200 $165 $135 $105 $95 $80
Labor Cost $9,200 $3,135 $19,710 $20,160 $4,750 $1,120
Total Firm Labor Cost $58,075 $15,000 $875
EXPENSES
Mileage(@$0.565 per mile) 100
Travel
Subconsultant Administration(10%) 1,588
Deliveries 125
Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) 1,162
Report Production 450
Total Expenses $3,425
TOTAL PER FIRM $61,500 $15,000 $875
GRAND TOTAL $77,375
4/29/2014
V
'" PLACEWORKS
Please do not hesitate to contact me if you need more information. The PlaceWorks team looks
forward to working with you on this interesting and challenging project.
Sincerely,.
PLACEWORKS
IJ
Steve Noack,AICP
Principal
April 29, 2014 Page 15