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15-110 Placeworks for Environmental Review Services for the Hamptons Project AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS FOR ENVIRONMENTAL REVIEW SERVICES FOR THE HAMPTONS PROJECT THIS AGREEMENT, is entered into this 16th day of.July, 2015, by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and Placeworks, a California Corporation whose address is 1625 Shattuck Avenue, Suite 300 Berkeley, California 94709 (hereinafter referred to as "Consultant") (collectively referred to as the"Parties"). RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State-of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will-be required by this Agreement. C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for environmental review services for the Hamptons project upon the terms and conditions herein. NOW, THEREFORE,the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on July 16, 2015, and shall terminate on June 30, 2017, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed ONE HUNDRED AND TWENTY FIVE THOUSAND SEVENTY-SIX dollars ($125,076.00) based on the rates and terms as set forth in Exhibit "A,"which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. INDEPENDENT PARTIES- City ARTIESCity and Consultant intend that the relationship between them created 'by this Page 1 of 10 Consultant contract- P1aceWorks, Hamptons Environmental Review, 7-16-15 f 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. 6. 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. 7. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination, Consultant agrees that it shall not harass or discriminate against a job applicant, a City employee, or. a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy,_sex, age, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS © Standard Indemnification: Consultant shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, with respect toall services performed in connection with the Agreement, indemnify, defend;and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. The acceptance of the Services by City shall not operate. -- as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. - 9. INSURANCE: A. General Requirements. On or before the commencement of the-term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, Page 2 of 10 Consultant contract- PlaceWorks, Hamptons Environmental'Review, 7-16=15 class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit"D". Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof,the insurer affording coverage.shall provide thirty.(30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage -of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. B. Subrogation Waiver. Consultant agrees that in the event.of loss due to`any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her_insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. Failure to secure or maintain insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing. insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the . . Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.- D. aid: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 I under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It, shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured, whichever is greater. Page 3 of 10 Consultant contract- P1aceWorks, Hamptons Environmental Review, 7-16-15 10. CONFLICT OF INTEREST Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the. performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 11. 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. 12. 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. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub- subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. Page 4 of 10 Consultant contract- P1aceWorks, Hamptons Environmental Review, 7-16-15 13. 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. 14.. REPORTS A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for, which Consultant was hired; (2) Completion of the original. Project by others; (3) Subsequent additions to the original project; and/or(4) Other City projects as City deems appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. 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. 15. RECORDS Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement, in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to.such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for' a period of three (3) years after Consultant receives final payment from City for all services required under this agreement. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal Page 5 of 10 Consultant contract- P1aceWorks, Hamptons Environmental Review, 7-16-15 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: 16. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 17. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: • Using paper products made with recycled content and recycled/remanufactured toner and inkjet cartridges; • Printing with soy or low volatile organic compounds (VOC) inks; • Using energy-star compliant equipment; • Using cleansers and working with janitorial contractors to meet Green Seal's Industrial and Institutional Cleaners Standard; and • Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 18. NOTICES All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail,postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Aarti Shrivastava,Assistant City Manager TO CONSULTANT: PlaceWorks 1625 Shattuck Avenue, Suite 300 Berkeley CA 94709 Attention: Steve Noack,Principal Page 6 of 10 _ Consultant contract- PlaceWorks, Hamptons Environmental Review, 7-16-15 '19. TERMINATION In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If Consultant fails to cure the default within.the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available.to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) calendar days'prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause, City may deduct from such payment the amount of actual damage, if any, sustained by City due to Consultant's failure to perform its material obligations under this Agreement. Upon termination, Consultant shall immediately deliver to the City any and all copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of City. 20. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued.by City. 21. CONFLICT OF LAW. This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all ' valid laws, orders, rules, and regulations of the authorities having jurisdiction,over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Sarita'Clara; State of California. 22. 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. 23. 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. Page 7 of 10 1 Consultant contract- P1aceWorks, Hamptons Environmental Review, 7-16-15 24. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, and.all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 25. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 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 AND TERMS The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement.All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO P1aceWorks A Municipal Corporation By By Title 1�� TitleRaw Date Date ❑Over$175,000-Council Appro al Required APP 0 E AS TO O ®Over$45,000-Department Head Approval Required ❑Up to$45,000-Designated Supervisor Approval Required .City Attorney RECOMMENDED FOR APPROVAL ATTEST: arti Shrivastava,Assistant City Manager City Clerk Page 8 of 10 Consultant contract- P1aceWorks, Hamptons Environmental Review, 7-16-15 Exhibits: (Check box for exhibits that apply to this contract and attach) ❑x Exhibit"A"- Scope of Services, Schedule of Performance and Compensation ❑ Exhibit"B"- Schedule of Performance ❑ Exhibit"C"- Compensation FZ Exhibit"D"-Insurance Requirements and Proof of Insurance ❑ Exhibit"E"-Mandated Reporting Acknowledgement ❑ Exhibit"F"- Background/Fingerprint/TB Declaration ❑ Exhibit"G"-Nondiscrimination- State/Federal/HUD funded project ❑ Exhibit"H"—Request for City Manager to Waive Informal Bidding Requirements EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT PO #2016-117 Contract Amount $125,076.00 Account number: 100-71-701 900-995 9 Cupertino Standard Form Contract-updated 2/2015 CHAPTER I ® WORK SCOPE This chapter describes the scope of services to be completed by PlaceWorks for The Hamptons Project Environmental Review.The 12.4-acre apartment complex is located at the south-east corner of the Wolfe Road/Pruneridge Avenue intersection directly adjacent to the new Apple Campus 2 that is under construction.The Hamptons currently has 342 units and is proposing to redevelop the site and increase the number of dwelling units by 600 units to 942 units..A summary of the work program is presented in Table 1. Details about personnel assigned to these tasks, the number of hours per person per task, billing rates, and a breakdown of costs by environmental review document (e.g. Mitigated Negative Declaration (MND) or Focused EIR are included in Table 2 and Table 3,respectively. TABLE il"' O. PROGRAM laskA z Project Initiation&Project Management 1 KIck-Off.Me'eting' 4; _ 3 Project Manageme°nt iBi-Weekly Status.Meetings Task B: CE(�Environrrtental Review ilyEnvironmental.Checkiist � h _.e a. Aesthetics h. Hydrology&Water Quality b.Air Quality&Community Risk I. Land Use&Planning c. Greenhouse Gas Emissions j. Noise&Vibration d. Biological Resources k. Population&Housing e. Cultural Resources, I. Public Services&Recreation f. Geology&Soils m. Transportation&Traffic g. Hazards&Hazardous Materials n. Utilities&Service Systems 'Task'C: Mitigated Negative.Declaratio a J. Mitigation Monitoring or Reporting Program se:3;,Public Review&Responto Comments 2 .Notice of Intent_ _ _ 4 Approval&'Notice of.Determination Task.D. Focused Environmental impact Report 1 Notice of Preparation 3 Draft Environmental Impact Report 2'.'Public Scoping Meeting a. Alternatives Evaluation c. Screenche'ck&Public Review Draft EIR b.Administrative Draft EIR I4, Final EIR 5 Mitigatio'n' Monitorin or Reportin Pro 6. Findings of.Fact'&Statement of Overriding g gram Considerations I 7 Notice of Determination Task A. Project Initiation and Project Management This task is structured to build a framework for coordination among team members. Close communication and efficient information sharing will facilitate preparation of a thorough,legally defensible environmental review document on an optimized timeline. THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 1.Work Scope ® 1 CITY OF CUPERTINO 1. Kick-Off Meeting Steve Noack and Terri McCracken of PlaceWorks will attend a kick-off meeting with City staff to discuss expectations and concerns, and to review key issues, information needs, work products, and delivery schedule. The data to be used for environmental impact analysis will also be reviewed at this meeting to ensure it is fully aligned with that used on other recent and ongoing projects in the vicinity of the project. Discussions will also focus on the alternative concepts for the project to be evaluated prior to beginning the environmental review pursuant to CEQA. An appointed time for a bi-weekly status meeting will be established at the kick-off meeting per Task A.2 described below. After the kick-off meeting,we will visit and photograph the project site, paying particular attention to features and issues identified at the kick-off meeting. Deliverables: ■ One(1)electronic copy of the Revised Project Schedule in PDF format to the City ■ One(1)electronic copy of the Data Needs Memorandum in PDF format to the City 2. Bi-Weekly Status Meetings We propose that a bi-weekly status meeting be held from project start-up through to publication of the environmental review document in order to maintain close, effective communication between project team members and to ensure that obstacles to progress are addressed and resolved in a timely manner. PlaceWorks staff will set up a conference line and at the appointed time, City staff and PlaceWorks'team members will dial in to discuss and resolve any obstacles to progress. PlaceWorks staff will prepare and maintain a Project Schedule and an Action Item List that will serve as the basis for the bi-weekly status meetings.The Action Item List will identify: ■ Subject i Issue E Action Required ® Responsible Party ■ Due Date ■ Status The bi-weekly status meetings are intended to be focused discussions bringing together City staff, PlaceWorks, and other team members as needed. The status meetings would be in addition to regular email and phone communication between project team members. 3. Project Management In addition to coordinating the bi-weekly conference calls, Terri McCracken, Senior Associate, will serve as the day-to-day contact for project management. Terri will be responsible for overseeing the budget, schedule and overall team coordination throughout the preparation of the environmental review document. Task B. CEQA Environmental Review PlaceWorks proposes a two-phase environmental review process including preparing an Environmental Checklist, leading to a MND, addendum to the General Plan EIR, or a 2 EMS l.Work Scope THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO Focused or Supplemental EIR. Both the MND and EIR processes are described in detail below.The Environmental Checklist will be prepared In accordance with Section 15183.3 of the CEQA Guidelines, which allows for streamlined review for infill projects. As described below, new analysis will focus on project-specific issues,including construction activities,which were not addressed in the broader, programmatic scope of the General Plan EIR. 1. Environmental Checklist PlaceWorks will draft a Project Description using graphics and textual information provided by the Applicant. The Project Description will include detailed information on project features including, building size, height, circulation patterns, parking and intended uses. In addition,the Project Description will describe the entitlement approvals necessary to process the project. We will submit one (1) electronic copy of the Administrative Draft Project Description in Word and PDF formats for review and approval by City staff prior to beginning the environmental review for the project. Using the City-approved Project Description, PlaceWorks will prepare the Environmental Checklist that documents existing conditions, project impacts (if any), and mitigation measures (if required), as well as the resulting level of significance for potential impacts under each of the topical areas required under CEQA. CEQA permits the exclusion of environmental issues on which it can be ascertained with.certainty that the project would have no significant negative impact. Considering the infill nature of the proposed project it is anticipated that the topic areas of agricultural/forestry resources and mineral resources would be summarily dismissed in the Environmental Checklist. In keeping with the requirements of the CEQA,the Environmental Checklist will include a detailed analysis to determine the environmental impacts of the following resource categories: a. Aesthetics PlaceWorks will use its expertise in urban design and visual assessment,and its familiarity with the city's visual resources,to analyze potential aesthetic impacts associated with the project.The analysis will focus on the visual compatibility of the proposed buildings with the surrounding land uses. This analysis will need to pay careful attention to any visual impacts created by the height, massing,and scale of the proposed building.This scope of work assumes that massing studies will be provided by the applicant. PlaceWorks can provide massing studies,as an optional task,at the request of City staff. b. Air Quality and Community Risk i. Air Quality PlaceWorks will conduct a Criteria Air Pollutant Emissions Analysis and Community Health Risk Assessment(HRA)to evaluate proposed air quality 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 and screening tables for Project-Level analyses.' 1 While adoption of the thresholds was set aside until an environmental evaluation is conducted pursuant to a recent court ruling,the BAAQMD's significance criteria,as outlined in their CEQA Guidelines,are supported by extensive studies and analysis. THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 1.Work Scope V MR] 3 CITY OF CUPERTINO a) Construction Because the project would necessitate demolition of existing structures and future phases will result in the export of soil to accommodate below grade parking, a quantitative analysis of construction emissions will be required. A full construction emissions analysis will be conducted for the proposed project using a BAAQMD approved model (e.g. CalEEMod). Construction emissions generated by the project will be estimated based on construction phasing, construction equipment use per construction phase, and an estimate of material haul per construction phase provided by the applicant.Construction equipment and on-road vehicle exhaust and off-gas(coatings and asphalt) emissions will be compared to BAAQMD's annual and daily mass emissions thresholds. b) Off-Site Construction Health Risk BAAQMD's local community risk and hazard impacts for construction activities will focus on the impact of the project to sensitive receptors in the surrounding area.Construction- related toxic air contaminants (TACs) and particulate matter (PM2.5) impacts will be evaluated based on the specific construction-related characteristics(e.g.equipment use, construction phasing) of the project and proximity to off-site receptors. The HRA will evaluate potential health risk and PM2,5 impacts from construction activities. Dispersion modeling will be performed using a BAAQMD-accepted computer-based model (e.g. ISCST3 or AERMOD)to determine ground-level concentrations of hazardous air pollutants at the project site. Cancer and toxicity data published by the California Environmental Protection Agency (Cal-EPA) will be used to estimate long-term and short-term (acute) health risks for off-site sensitive receptors. Mitigation measures to reduce fugitive dust (e.g. BAAQMD's best management practices), off-gas, and exhaust emissions will be incorporated,as necessary. c) Operation The regional criteria air pollutant analysis will evaluate the change in air quality associated with the proposed project. Existing Environmental Setting To establish existing air quality conditions in the project area,the air quality analysis will discuss the regional meteorology with emphasis on local wind patterns that affect air pollutant transport and dispersion. Existing air quality conditions will be described based on the most current five years of air quality data within the San Francisco Air Basin from a monitoring station operated by BAAQMD. The section will include a discussion of the applicable air quality regulations, including Ambient Air Quality Standards (AAQS), and BAAQMD's 2010 Bay Area Clean Air Plan. Existing Criteria Air Pollutant Emissions InventM The existing land uses within the project site generate criteria air pollutant emissions from transportation sources (vehicles and boats), energy(natural gas), and area sources (landscape emissions, consumer products). The existing criteria air pollutant emissions inventory will be developed for the project based on the existing land uses on-site and modeled using the California Emissions Estimator Model (CalEEMod) for both existing and future ("No Project Future Conditions") emissions rates.Trip generation data will be incorporated into the model. 4 0® 1 1.Work Scope THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO Project Criteria Air Pollutant Emissions Inventory PlaceWorks will prepare a quantitative evaluation of project-related criteria air pollutant emissions. The Hamptons Project would generate an increase in criteria air pollutant emissions from transportation sources (vehicles), energy (natural gas), and area sources (landscape emissions, consumer products). The future criteria air pollutant emissions inventory will be developed for each project phase based on the proposed land uses on- site and modeled using CaIEEMod.Trip generation provided by Fehr& Peers for existing land uses will be incorporated into the model. The net increase in criteria air pollutant emissions generated by the project will be compared to BAAQMD's average daily and annual criteria air pollutant thresholds. The operational phase analysis will also evaluate consistency with BAAQMD's 2010 Bay Area Clean Air Plan, placement of sensitive land uses proximate to existing odors, and carbon monoxide hotspots. PlaceWorks anticipates 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 be addressed qualitatively. Likewise, proposed land uses are not likely to generate substantial odors(e.g. restaurants with five or more employees are required to comply with BAAQMD Regulation 7,Odorous Substances,which prohibits the generation of nuisance odors) or place new sensitive receptors proximate to existing sources of odors;therefore,this would also be addressed qualitatively. On-Site Operational Health Risk Based upon a review of the project and use of the BAAQMD screening tables to evaluate vehicle-related emissions along Wolfe Road and Pruneridge Avenue, refined modeling will be required to determine if project-related sensitive receptors would be exposed to significant concentrations of vehicle-generated PM2.5 and TACs.A quantitative health risk assessment will be conducted in accordance with the BAAQMD's guidance document Recommended Methods for Screening and Modeling Local Risks and Hazards and the BAAQMD's recently adopted CEQA Guidelines. Dispersion modeling will be performed using a BAAQMD-accepted computer-based model (e.g. ISCST3,AERMOD,or CAL3QHCR) to determine ground-level concentrations of hazardous air pollutants at the project site. Cancer and toxicity data published by Cal-EPA will be used to estimate long-term health risks for on-site sensitive receptors. If the health risk assessment finds that sensitive receptor exposure to PM2"5 and TACs is significant, potential mitigation measures may include the installation of Minimum Efficiency Reporting Value (MERV) filters in the residences that would be adversely impacted by air emissions from surface streets and permitted facilities. Results of the construction-related technical analyses and the operational HRA will be compiled in the environmental document and modeling will be included as an appendix. c. Greenhouse Gas Emissions i. Greenhouse Gas Inventory The project involves the construction of up to 600 new residential units and would exceed the screening criteria for GHG emissions, which is 87 units for a mid-rise apartment complex. A GHG emissions inventory will be conducted for the proposed project. As part of this analysis, PlaceWorks will quantify current GHG emissions associated with the project site warrant quantification if GHG emissions. are assumed to THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 1.Work Scope ® 1 S CITY OF CUPERTINO l be nominal since the site no longer used for agricultural purposes (since October 2013). Therefore quantification of GHG emissions from past agriculture use is not warranted. Project-related 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.CaIEEMod).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. We will coordinate closely with Fehr &Peers to obtain 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 be quantified. GHG emissions generated by the proposed project will be compared to BAAQMD's project-level per-capita threshold (4.6 metric tons per service population per year).The analysis will include a consistency analysis between the project,and the City's recently-adopted Climate Action Plan. ii. Consistency with Greenhouse Gas Reduction Plans The1GHG section in the EIR will discuss the City's commitment to reducing GHG emissions in accordance with the GHG reduction goals of Assembly Bill 32 (AB 32) and Senate Bill 375 (SB 375). Project consistency within the California Air Resources Board's 2008 Scoping Plan and the Plan Bay Area plan, which is the Regional Transportation Plan/Sustainable Community Strategy for the Association of Bay Area Governments region,will be reviewed. In addition,the City of Cupertino adopted its Climate Action Plan (CAP) on January 20, 2015. A consistency analysis with the CAP's GHG reduction measures will be conducted for the proposed project. Additional measures included in the CAP will be considered for inclusion in the project. In addition, the project will be evaluated for consistency with the California Air Resources Board's Scoping Plan for statewide GHG reduction goals of Assembly Bill 32 (AB 32) and regional GHG reduction goals in the Regional Transportation Plan/Sustainable Communities Strategy. d. Biological Resources Given the urbanized nature of the project site, the biological resources discussion will focus on the mitigation measures from the General Plan EIR addressing the potential for disturbance of avian nests, protected by the federal Migratory Bird Treaty Act and California Department of Fish and Game Code. e. Cultural Resources PlaceWorks will complete a search of the archaeological base maps, records, and reports on file at the Northwest Information Center at Sonoma State University and evaluate the potential for disturbance of unknown buried paleontological and archaeological resources,including human remains. f. Geology and Soils The Environmental Checklist will provide an overview of current geologic/soil conditions at the 2.5-acre project site and an evaluation of the potential for the proposed project to result in significant direct and/or indirect environmental impacts related to geology and soils.The regulatory framework will be evaluated and described; existing conditions will be researched and clearly articulated; relevant standards of significance will be established; potential impacts will be identified and evaluated; and where appropriate, mitigation measures may need to be developed. A variety of data sources will be 6 INNU 1.Work Scope THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO employed.Such sources may include geologic maps,investigations,and studies published by the California Geologic Survey (CGS), the U.S. Geological Survey (USGS), or academic institutions; available geotechnical studies in the project area; and seismic and geologic hazard maps and studies prepared by the CGS, the California Office of Emergency Services, and the Northern California Earthquake Data Center. The section will be prepared under the direction of a Registered Geologist in the State of California. g. Hazards and Hazardous Materials PlaceWorks will evaluate safety hazards for the proposed project. The evaluation specifically will look at environmental hazards associated with hazardous materials, hazardous waste disposal,airport safety,emergency preparedness,and wildland fire.The Hazards and Hazardous Materials section of the Environmental Checklist will include a database search of the site and nearby-properties that use,store,or transport hazards of hazardous materials. The results of available background information from any previous environmental assessments also will be summarized. Recognized environmental concerns will be evaluated and addressed in this section of the Environmental Checklist,along with other past site activities, and proposed construction and development activities, the presence/absence and significance of hazardous waste risks, and recommendations for remediation measures,as appropriate. h. Hydrology and Water Quality The Hydrology and Water Quality section of the Environmental Checklist will identify and evaluate issues relating to surface and groundwater hydrology, site drainage, storm water pollution prevention during construction and operation, and best management practices (BMPs). Other federal, State, local, and regional programs and regulations that are applicable to the project also will be included. The section will conclude with a discussion of the potential water quality impacts attributable to the proposed project, based on applicable significance criteria. It is assumed that the applicant will provide preliminary grading plans and drainage plans forthe evaluation. Because more than 1 acre of land will be disturbed during construction, the applicant must also file Permit Registration Documents (PRDs) with the State Water Resources Control Board (SWRCB) and prepare a Stormwater Pollution Prevention Plan (SWPPP). The IS will explain the regulatory requirements to ensure water quality is not adversely impacted; however,the preparation of these documents is not part of this scope of work and are not required to prepare the IS. The documentation of BMPs, including source control,site design,and stormwater treatment measures,will be described in this section along with Low Impact Development (LID) measures. The results of the hydrology and water quality studies will be documented and included in the appropriate section of the IS.The section will be prepared under the direction of a Registered Engineer in the State of California. i. Land Use and Planning PlaceWorks will review the project's compliance with the public policy documents.that address the site, including the General Plan,and Zoning Ordinance. Existing and planned land uses around the project site will be documented, and the project will be evaluated for compatibility with surrounding land uses. Our analysis will be used to inform development of project alternatives if the preparation of an EIR is ultimately required. THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 1.WOrk SCOpe ■ J 7 CITY OF CUPERTINO j. Noise and Vibration PlaceWorks will prepare a noise and vibration analysis for construction and operational activities associated with the proposed multi-family residential project.The noise analysis will be consistent with the noise standards and criteria of the City of Cupertino and State of California. To identify the nearest sensitive receptors and to document the existing noise conditions in the vicinity of the project site, ambient noise measurements will be taken at one (1) location for a period of 24 hours,and at four locations for a 15-minute period. PlaceWorks will review the site plan and evaluate potential noise impacts in terms of compatibility of the future noise environment with the indoor and outdoor living areas. Noise levels from traffic on surrounding roadways will be measured, and future noise levels will be estimated, based on projected traffic growth in the area. Mitigation measures will be developed to reduce noise impacts to the proposed outdoor living areas and interior habitable rooms to less than significant levels. Changes in ambient traffic noise levels at buildout of the project and from cumulative growth in the project vicinity will be analyzed to determine if the project-related traffic significantly increases the ambient noise environment or contributes to significant cumulative noise increases.Traffic noise modeling will be conducted to identify potential noise increases within the vicinity of the project site associated with project traffic;traffic noise modeling will be performed using a version of the Federal Highway Administration's traffic noise model, and will be based on traffic volume forecasts provided in the traffic impact analysis for the project. The Project would result in the export of soil to accommodate a subterranean parking garage and removal of construction and demolition debris associated with the demolition of existing structures on-site. The noise analysis will provide an estimate of noise and vibration levels associated with project demolition and construction activities, and from off-site haul trucks. An initial assessment of potential vibration impacts will be provided and mitigation measures will be recommended to reduce potential impacts to nearby uses. k. Population and Housing The Population and Housing section will discuss the project's consistency with the General Plan,and reference conclusions in the General Plan EIR. . I. Public Services and Recreation The Public Services and Recreation section will discuss the project's consistency with the General Plan and General Plan EIR. m. Transportation and Traffic PlaceWorks will incorporate the findings of the TIA, prepared by Fehr & Peers, under separate scope of work into the Environmental Checklist. n. Utilities and Service Systems PlaceWorks will evaluate potential impacts related to wastewater treatment and water supply infrastructure, stormwater infrastructure, solid waste disposal and energy conservation. As part of this evaluation, PlaceWorks will contact utility providers for background information, assistance with impact assessments, and mitigation H NED 1.Work Scope THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO recommendations. This section will reference Mitigation Measures UTIL-6a-c, calling on the City to work with the Cupertino Sanitary District to increase the citywide treatment and transmission capacity. We assume the City will request a Water Supply Assessment from CalWater or SJWC,depending on who currently serves the site. PlaceWorks will submit the Environmental Checklist,along with appended information to the City for review. We recommend that we then meet with City staff to determine the next steps in the CEQA process. Deliverables: ■ One(1)electronic copy of the Administrative Draft and Final Project Description in Word and PDF format to the City ■ One(1)electronic copy of the completed Environmental Checklist and appendices Task C. Mitigated Negative Declaration As previously noted, PlaceWorks proposes a two-phase environmental review process including preparing an Environmental Checklist,leading to a MND or an addendum to the General Plan EIR, or a Focused or Supplemental EIR. The MND process is described, below followed by a general description of the EIR process. 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 MND will be prepared. 1. Mitigation Monitoring or Reporting Program Concurrent with the preparation of the Environmental Checklist and Mitigated Negative Declaration,we will prepare a Mitigation Monitoring and Reporting Program(MMRP)for the mitigation measures included in the Environmental Checklist pursuant to the City's policies and procedures.The MMRP,shown in tabular form,will-identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequencies. 2. Notice of Intent PlaceWorks will draft a Notice of Intent (NO]) of an MND pursuant to CEQA Guidelines, Section 15072. PlaceWorks will work together with the City to prepare a master distribution list. PlaceWorks staff will be responsible for circulation to the State Clearinghouse, and mailings to local, regional and state agencies. City staff will- be responsible for local noticing. Deliverables: M One(1) electronic copy of the Administrative Draft and Final Project Description in Word and PDF format to the City ® One (1) electronic copy of the Administrative Draft NOI, Environmental Checklist/MND,and MMRP in Word and PDF format to the City ■ Twenty (20) hard copies with the technical appendices on compact disc (CD) attached, and one (1) electronic copy of the NOI, Environmental Checklist/MND, and MMRP in Word and PDF Format to the City THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 1.WOrk SCOpe ®'' 9 CITY OF CUPERTINO ■ Fifteen (15) hard copies of the NOI, Environmental Checklist/MND, and MMRP, and compact discs (CDs) with the complete IS and technical appendices attached to the State Clearinghouse 3. Public Review and Response to Comments A 30-day public review period will be required under CEQA. During this period, Steve Noack of PlaceWorks will attend one(1) public hearing to present the conclusions of the Environmental Checklist/MND and receive comments on it. Following the close of the public review period, PlaceWorks will respond to substantive comments received on the Environmental Checklist/MND in a memorandum form. This scope of work includes 32 hours of staff time to respond to comments in an Administrative Draft Response to Comments Memorandum. If an unforeseen amount of time is required to address comments received on the Environmental Checklist/MND, a contract amendment will be required. We will prepare an Administrative Draft Response to Comments Memorandum for review by City staff. Based on City staff comments,we will complete revisions and deliver a Final Response to Comments Memorandum. Deliverables: ■ One (1) electronic copy of the Administrative Draft Response to Comments Memorandum in Word and PDF format to the City ■ One(1)electronic copy of the Final Response to Comments Memorandum in Word and PDF format to the City 4. Approval and Notice of Determination Steve Noack of PlaceWorks will attend two (2) public hearings on the approval of the. Project and Environmental Checklist/MND. Attendance at additional hearings would be billed on a time and materials basis with an estimated cost of$800 per meeting. Within 5 days of approval of the Environmental Checklist/MND, PlaceWorks will prepare a Notice of Determination (NOD) for submittal to the County Clerk. City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting.The budget does not include payment of any filing fees. Deliverables: ■ One (1) electronic copy of the Notice of Determination (NOD) in Word and PDF format to the City ■ One (1) electronic copy of the Final Environmental Checklist/MND in Word and PDF format to the City Task D. Focused Environmental Impact Report In the event that the City would like an evaluation of alternatives to the proposed project and/or the Environmental Checklist determines the project would result in one (1) or more significant impacts that cannot be mitigated to a less-than-significant level, an EIR would be required under CEQA. The following steps describe the scope of work to prepare a Focused EIR for the process. (Note:that if it is determined that an addendum 10 ®■ 1.Work Scope THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO to the General Plan EIR is selected, we will prepare the addendum, and attach the Environmental Checklist described in Task B.1 above.) 1. Notice of Preparation PlaceWorks will draft a Notice of Preparation (NOP) of an EIR pursuant to CEQA Guidelines Section 15082. The NOP will include an environmental scoping study with a brief project history and a description of the topics to be analyzed in the EIR. Reference to and the availability of the Environmental Checklist for any environmental issues found not to require additional analysis per the IS will be included in the NOP. PlaceWorks will work with the City to prepare a master distribution list. PlaceWorks staff will be responsible for circulation to the State Clearinghouse, and mailings to local, regional and state agencies.City staff will be responsible for local noticing. Deliverables: ■ Fifteen(15) hard copies of the NOP and IS to the State Clearinghouse ■ One(1)electronic copy of the NOP and IS in Word and PDF format to the City 2. Public Scoping Meeting During the 30-day comment period for the IS and NOP, PlaceWorks will attend a public scoping meeting to hear comments on the environmental issues to be addressed in the EIR. We assume that City staff will arrange the meeting location and date and will issue the public notices for the meetings. We will prepare supporting material as needed, including a brief presentation, comment cards, and other materials as directed by City staff. Principal-in-Charge, Steve Noack, will facilitate the scoping meeting. We will prepare a written summary of the environmental issues raised at the scoping meeting for inclusion in the Draft EIR. Deliverables: M Materials for Scoping Meeting ® One (1) electronic copy of the Meeting Summary Memorandum in Word and PDF format to the City 3. Draft Environmental Impact Report Using the City-approved Project Description from Task B.1. PlaceWorks will use the comprehensive Environmental Checklist described in Task B.1 to prepare an EIR that focuses on the CEQA resource categories where substantial evidence of a potentially significant environmental impact exists. This approach will allow for preparation of a rigorous environmental analysis and a legally defensible EIR on an optimized schedule and budget.The EIR will be based on the documentation and findings in the IS.Because it is unknown at this time which environmental topics, if any, would require additional review this scope of work describes the additional CEQA-required steps that would be included if an EIR were required.Once it is determined that an EIR is required a contract amendment to determine the cost for additional environmental review could be required at that time. a. Alternatives Evaluation PlaceWorks will develop a list of up to three potential draft alternatives, including the CEQA-required No Project Alternative.We will work with City staff to finalize the list and THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 1.WOrk SCOpe ® 1 CITY OF CUPERTINO complete an impact analysis of each alternative for inclusion in the EIR.The alternatives analysis will be a qualitative discussion and will identify the environmentally superior alternative. The alternatives will be designed to avoid or lessen at least some of the potentially significant impacts identified in Task B, Environmental Review. b. Administrative Draft EIR PlaceWorks will prepare an Administrative Draft EIR (ADEIR) and submit to City staff for review and comment.The impact analysis will be comprehensive and will cover all CEQA requirements.As described above,the EIR will focus on CEQA resource categories where substantial evidence of a potentially significant environmental impact exists. The ADEIR will also include a chapter summarizing resource categories scoped out of the EIR and providing justification and citations in support of this determination.Significance criteria will be identified for each impact topic based upon thresholds of significance identified in Appendix G,Environmental Checklist Form,of the State CEQA Guidelines and identified in the scoping process. Impacts and mitigation measures will be organized and discussed by topic. As recommended by the State CEQA Guidelines,the EIR will analyze potential impacts from development of the proposed project. For each identified environmental impact,a set of feasible mitigation measures will be recommended. The ADEIR will cover the following topics: In Executive Summary. PlaceWorks will create a summary in a form consistent with CEQA Guidelines, Section 15123.This summary will facilitate a quick understanding of environmental issues and the actions required to mitigate potential impacts. It will include a summary table of impacts, mitigation measures, and levels of significance before and after mitigation. ■ Project Description. The ADEIR will include the project description drafted for the project. ® Setting, Impacts, and Mitigation Measures. The existing setting information, impact` analyses, and mitigation measures developed in Task B.1 will be combined to create chapters describing environmental consequences for each CEQA-required topic. ® Alternatives Evaluation. The alternatives evaluation completed above will be incorporated into the ADEIR. This chapter will include a tabular comparison of the alternatives impacts. ® CEQA Required Assessment Conclusions. PlaceWorks will prepare assessment conclusions to meet CEQA Guidelines for the following mandatory findings: • Cumulative Impacts • Growth Inducement • Unavoidable Significant Effects • Significant Irreversible Changes • Impacts Found Not to be Significant ® Report Preparers. This chapter will identify the consultants and staff who prepared the EIR. City staff will act as a clearinghouse for comments on the ADEIR and will provide PlaceWorks with a single,internally reconciled set of comments. 12 Mom 1.WOrk SCOpe THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO Deliverable: ® One (1) electronic copy of the Administrative Draft EIR in Word and PDF format to the City c. Screencheck and Public Review Draft EIR PlaceWorks will incorporate one (1) consolidated set of comments on the ADEIR from City staff to create the Screencheck Draft EIR for final review and approval prior to publication. Comments on the Screencheck Draft EIR will be limited to grammatical, format and typographical comments. PlaceWorks assumes 40 hours for addressing comments from the City staff on the Screencheck Draft EIR, preparing the Draft EIR and publication of the document. PlaceWorks will be responsible for delivery of the Draft EIR, Notice of Availability(NOA) and Notice of Completion (NOC)to the State Clearinghouse.We assume the City staff will publish and locally distribute the NOA. Steve Noack will attend one(1) public hearing on the Draft EIR.We assume that City staff will schedule hearings,provide public notice,and prepare staff reports. Deliverables: ® One (1) electronic,copy of the Screencheck Draft EIR in Word and PDF Format to the City ® Twenty (20) hard copies with the technical appendices on compact disc (CD) attached one (1) electronic copy of the Public Review Draft EIR in Word and PDF Format to the City ■ One (1) hard copy of the NOC, fifteen (15) hard copies of the NOA and Executive Summary, fifteen (15) compact discs (CDs) with the complete EIR and technical appendices attached to the State Clearinghouse 4. Final EIR PlaceWorks will prepare an Administrative Final EIR,which will include both the Response to Comments document, additional analysis, or revisions to the Draft EIR as necessary; and the MMRP. Following receipt of comments on the Administrative Draft Final EIR, PlaceWorks will prepare a Screencheck Final EIR and a Final EIR for publication. PlaceWorks assumes 42 hours to address comments on the Draft EIR. Steve Noack of PlaceWorks will attend up to two (2) certification hearings on the Final EIR.Attendance at additional hearings would be billed on a time and materials basis with an estimated cost of$800 per meeting. 5. Mitigation Monitoring or Reporting Program Concurrent with the preparation of the Final EIR, we will prepare a MMRP for the mitigation measures included in the EIR pursuant to the City's policies and procedures. The MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequencies.The MMRP will be submitted as a draft document to the City and revised for publication with the Final EIR. THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 1.Work Scope ®e=' 13 CITY OF CUPERTINO Deliverables: One (1) electronic copy of the Administrative Draft Final EIR and MMRP in Word and PDF format to the City ■ One (1) electronic copy of the Screencheck Final EIR and MMRP in Word and PDF format to the City ■ Fifty(50)hard copies of the Final EIR and MMRP and one(1)electronic copy of the Final EIR in Word and PDF format to the City 6. Findings of Fact and Statement of Overriding Considerations PlaceWorks will prepare the findings for the resolutions on the EIR,and in the event that significant and. unavoidable impacts are disclosed, we will prepare the statement of overriding considerations necessary to support certification of the EIR. PlaceWorks will prepare draft and final documents,pending City staff review and comment. Deliverables: ■ One (1) electronic copy of the draft findings and overrides (if applicable) in MS Word and PDF format to the City ■ One (1) electronic copy of the final findings and overrides (if applicable) in MS Word and PDF format to the City 7. Notice of Determination Within 5 days of certification of the EIR, PlaceWorks will prepare a NOD for submittal to the County Clerk.City staff will submit the NOD to the County Clerk and pay all applicable filing fees at the time of posting.The budget does not include payment of any filing fees. Deliverables: ■ One (1) electronic copy of the Notice of Determination (NOD) in Word and PDF format to the City ■ One (1) electronic copy of the Final Environmental Checklist/MND in Word and PDF format to the City 14 ENO 1.Work SCOpe THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO 5�[F,�AnFlk PT El R Sr .3 DULE., PRODUCTS,, AND MEETINGS This chapter 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. SCHEDULE PlaceWorks staff will work with the City of Cupertino staff to prepare an expedited schedule upon receipt of the Notice to Proceed.As shown in Figure 1, Project Schedule, we anticipate that the Environmental Checklist/MND option (or EIR Addendum) can be completed and approved within a 6-month period and the Focused EIR (or other derivative)can completed and certified within an 11-month period. PlaceWorks has a strong track record in meeting project schedules and coordinating closely with its clients. Over years of managing projects similar to the proposed project, we have developed a variety of tools and tactics to keep projects on schedule and ensure that staff is well informed at all times: ® We maintain an up-to-date schedule throughout the project,to ensure that all team members are aware of upcoming meetings and product due dates. ® We stay in regular contact with staff and our subconsultants and document important decisions about the project in writing, which ensures that decisions are understood by all team members. • We schedule project due dates for staff and subconsultants with adequate time for editing and formatting into finished reports. As detailed in Task A.2,we recommend bi-weekly status meetings and the use of project management tools including regularly maintained action item list and schedule to ensure clear communication between project team members and quick resolution of obstacles to progress. THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 2.Schedule,Products,&Meetings J 15 CITY OF CUPERTINO Month 0 s 1 2 3 4 5 6 7 8 9 10 11 12 Issue Notice to Proceed City 1 Task A-Project Initiation and Management Kick-Off Meeting City/PlaceWorks 1 Task B.1-Initial Study/MND Project Description PlaceWorks 14 Review Project Description City 14 Final Project Description PlaceWorks 7 1.= Draft Initial Study/MND/NOI/MMRP PlaceWorks 35 Review Initial Study/MND/NOI/MMRP City 14 Final Initial Study/MND/NOI/MMRP PlaceWorks 7 Draft IS/MND Public Review 30 Draft IS/MND Public Hearing City/PlaceWorks 1 Draft Response to Comment Memo PlaceWorks 14 Review Response to Comment Memo City 14 JTL Final Response to Comment Memo PlaceWorks 7 Final IS/MND Public Hearings City/PlaceWorks 2 11111711-117 File NOD City 1 11111111 IT Task C.2-Focused EIR IT NOP/IS Public Review 30 DEIR Public Scoping Meeting City/PlaceWorks 1 Administrative Draft EIR PlaceWorks 30 Review Administrative Draft EIR City 14 Screencheck Draft EIR PlaceWorks 7 Review Screencheck Draft EIR City 7 Public Review Draft EIR PlaceWorks 7 DEIR Public Review Period 45 Draft EIR Public Hearing City/PlaceWorks 1 Draft Response to Comments/FEIR PlaceWorks 21 Review Draft Response to Comments/Final EIR/MMRP City 14 Screencheck Response to Comments/Final EIR/MMRP PlaceWorks 7 Review Screencheck Response to Comments/Final EIR/MMRP City 7 Final EIR/MMRP PlaceWorks 7 Draft Findings/Statement of Overrinding Considerations PlaceWorks 14 Review Findings/Statement of Overrinding Considerations City 14 Final Findings/Statement of Overrinding Considerations PlaceWorks 7 EIR Public Hearings 0 File NOD City 0 Notes: city PlaceWorks PRODUCTS The following products will be submitted to the City in fulfillment of our proposed scope of work: Phase 1: Environmental Checklist Study/Mitigated Negative Declaration Option • Revised Project Schedule ® Data Needs Memorandum 12 Administrative Draft and Final Environmental Evaluation Memorandum ® Administrative Draft and Final Project Description ■ Administrative Draft and Final NOI, Environmental Checklist/MND,and MMRP • Administrative Draft and Final Response to Comments Memorandum ® Notice of Determination Phase 2: Focused EIR Option ■ Revised Project Schedule ® Data Needs Memorandum ® Administrative Draft and Final Environmental Evaluation Memorandum ® Administrative Draft and Final Project Description ■ Administrative Draft and Final IS ® Materials for Scoping Meeting ■ Scoping Meeting Summary Memorandum ® Administrative,Screencheck and Public Review Draft EIRs ■ NOC, NOA,and Draft EIR Executive Summary ® Administrative,Screencheck and Final EIR including the MMRP ® Draft and Final Findings of Fact and Statement of Overriding Considerations • Notice of Determination THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 2.Schedule,Products,&Meetings "- 17 CITY OF CUPERTINO L MEETINGS Phase 1: Environmental Checklist/Mitigated Negative Declaration Option ■ Steve Noack and Terri McCracken will attend one(1) kick-off meeting ® . Steve Noack and Terri McCracken will participate in up to six (6) regularly scheduled Bi-weekly Status Meetings ® Steve Noack will attend one (1) public hearing to present the conclusions of the Environmental Checklist/MND and receive comments on it ■ Steve Noack will attend two(2) public hearings on the approval of the Project and Environmental Checklist/MND Phase 2: Focused EIR Option ■ Steve Noack and Terri McCracken will attend one(1)kick-off meeting ■ Steve Noack and Terri McCracken will participate in up to 12 regularly scheduled Bi-weekly Status Meetings ■ Steve Noack will attend one(1)scoping meeting for the EIR ■ Steve Noack will attend one(1) public hearing on the Draft EIR ■ Steve Noack will attend up to two(2)certification hearings on the Final EIR We are available to attend additional meetings on a time-and-materials basis. 18 HMO 2.Schedule,Products,&Meetings THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO This page intentionally blank THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 2.Schedule,Products,&Meetings ® 19 CITY OF CUPERTINO f CHAPTER 3: COST ESTIMATE As shown in Table 2,the estimated cost to complete the scope of work described in the Phase 1: Environmental Checklist/MND Option,is$99,993. As shown in Table 3,the estimated cost to complete the scope of work described in the Phase 2:Focused EIR Option,this proposal is$125,076. PlaceWorks recommends planning for a 5 to 10 percent contingency fund to cover any unforeseen out-of-scope work that might be necessary for the project. The billing rates for each team member are included in Tables 2 and 3. PlaceWorks bills for its work on a time-and-materials basis with monthly invoices. ASSUMPTIONS This scope of work and cost estimate assumes that: ■ Billing rates for this project are guaranteed through June 2016.Billing rates would be subject to an increase of up to 6 percent on July 1, 2016, and in each subsequent year thereafter.A budget increase would be necessary to cover costs incurred after July 1,2016. ® Our cost estimate includes the meetings shown in Chapter 4. Additional meetings would be billed on a time-and-materials basis. Steve Noack will attend all project meetings,public workshops and other public meetings. ® No more than 32 hours of PlaceWorks staff time will be required to respond to comments on the Public Review Draft of the Environmental Checklist/MND. If additional labor is necessary,a contract amendment allowing additional work will be necessary. ■ No more than 40 hours of PlaceWorks staff time will be required to respond to comments on the Draft EIR. If additional labor is necessary, a contract amendment allowing additional work will be necessary. ■ All products will be submitted to the City in electronic (PDF) format, except for printed copies that are specifically identified in Table 2. This is an allowance only, based on the numbers of products and copies shown in Chapter 4. If this allowance is exceeded,additional printing costs will be billed at PlaceWorks actual cost. ■ City staff will be responsible for meeting logistics, including schedule coordination, document production, printing notices, mailing costs, room reservations, room set- up and take-down,and refreshments. ® This scope of work assumes that massing studies will be provided by the applicant. PlaceWorks can provide massing studies, as an optional task, at the request of City staff. ® Fehr&Peers will analyze and provide the traffic-related inputs for PlaceWorks'noise and air quality/greenhouse gas analysis. 20 ® 5.Cost Estimate THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO TABLE 2 ENVIRONMENTAL CHECKLIST/MND COST ESTIMATE Placeworks Senior Senior Senior Senior Project Project Graphics/ Clerical/ Hours per Task Principal Associate Scientist Engineer Geologist Planner Scientist Scientist WP Intern A.Project Initiation and Project Management 14 24 - - - 12 - - - 3 1.Kick-off Meeting 8 8 12 2.Bi-Weekly Status Meetings 6 6 1 3.Project Management 10 2 B.CEQA Environmental Review 16 80 16 28 37 280 100 60 12 7 1.Environmental Checklist 16 80 16 28 37 280 100 60 12 7 C.Mitigated Negative Declaration 22.0 18.0 2.0 2.0 2.0 24.0 2.0 - 5.0 5.0 1.Mitigation Monitoring or Reporting Program 2 6 2 2 2.Notice of Intent 1 2 1 1 3.Public Review and Response to Comments 10 10 2 2 2 12 2 2 1 4.Approval and Notice of Determination 12 5 - - - 4 - - - 1 Total Hours 52 122 18 30 39 316 102 60 17 15 Billing Rate $200 $160 $180 $170 $160 $105 $105 $80 $100 $70 Labor Cost $10,400 $19,520 $3,240 $5,100 $6,240 $33,180 $10,710 $4,800 $1,700 $1,050 Total Firm Labor Cost $95,940 EXPENSES Deliveries 261 Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) 1,919 Report Production(20 copies @$50) 1,000 Mileage(300 miles @$.575/Mile 173 Cultural Resource Database Search 700 Total Expenses $4,053 Total per Firm $99,993 Total $99,993 THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW 5.Cost Estimate 131113 21 CITY OF CUPERTINO TABLE 3 FOCUSED EIR COST ESTIMATE PlaceWorks Senior Senior Senior Senior Project Project Graphics/ Clerical/ Hours per Task Principal Associate Scientist Engineer Geologist Planner Scientist Scientist WP Intern A.Project Initiation and Project Management 20 36 - - 12 - - 3 1.Kick-off Meeting 8 8 12 2.Bi-Weekly Status Meetings 12 12 1 3.Project Management 16 2 B.CEQA Environmental Review 16 80 16 28 37 280 100 60 12 7 1.Environmental Checklist 16 80 16 28 37 280 100 60 12 7 D.Focused Environmental Impact Report 39 68 3 3 2 104 6 - 3 10 1.Notice of Preparation 1 2 8 2.Public Scoping Meeting 10 12 3.Draft Environmental Impact Report 10 38 1 1 40 4 2 5 4.Final Environmental Impact Report 13 14 2 2 2 20 2 2 5.Mitigation Monitoring or Reporting Program 1 4 1 1 6.Findings of Fact and Statement of Overriding Considerations 5 12 16 1 7.Notice of Determination 1 4 1 Total Hours 75 184 19 31 39 396 106 60 15 20 Billing Rate $200 $160 $180 $170 $160 $105 $105 $80 $100 $70 Labor Cost $15,000 $29,440 $3,420 $5,270 $6,240 $41,580 $11,130 $4,800 $1,500 $1,400 Total Firm Labor Cost $119,780 EXPENSES EIR Deliveries 200 Office Expenses(Phone,Fax,Copies,etc.@ 2%of Labor) 2,396 Report Production(20 copies @$50) 2,000 Cultural Resource Database Search 700 Total Expenses $5,296 Total per Firm $125,076 Total $125,076 22 ®111110 3.Cost Estimate THE HAMPTONS PROJECT ENVIRONMENTAL REVIEW CITY OF CUPERTINO Exhibit D Insurance Requirements and Proof of Insurance Proof of insurance coverage described below is attached to'this Exhibit,with City named as additional insured. Consultant shall maintain the.following minimum insurance coverage: A. COVERAGE: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other Property Damage: $1.00,000 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 br 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. . J t . 10 Cupertino Standard Form Contract-updated 212015. 1