15-202 PlaceWorks; Marina Plaza CEQA Consulting ServicesFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND PLACEWORKS FOR MARINA PLAZA CEQA CONSULTING
SERVICES
This First Amendment to the Agreement between the City of Cupertino and Place Works,
for reference dated November 22nd, 2015, is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and PlaceWorks a California Corporation
("Consultant") whose address is 1625 Shattuck Avenue, Suite 300, Berkele y, California 94709 ,
and is made with reference to the following:
RECITALS:
A. On May 6 , 2016, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for Marina Plaza CEQA Consulting Services.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set fotth herein.
NOW , THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
I. Paragraph 3 of the Agreement is modified to read as follows:
Consultant shall be compensated for services performed pursuant to this Agreement in a total
amount not to exceed ONE HUNDRED TWENTY THOUSAND, THREE HUNDRED
EIGHTY FOUR dollars ($120 ,384) based on the terms set fo1th in Exhibit "A", which is
attached herein by this reference.
2. 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.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
Place)¥9rkm _ J ,
By ~~_.,;=---=--~-=-~~-
TitJ ;p/l)/\JC[fAL
Date ,MA~ 131 ?.St6
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO 2016-380
Original Contract $132,423 .00
Amendment #1 Reduce by $12,039.00
Total: $120,384.00
CITY OF CUPERTINO
A Municipal ~or~ By:~ 01/i ~ Titl ~: d&:r'&TY llN'MJG~
RECOMMENDED FOR APPROVAL:
By:~
Title /b~i:";h ~tvi.n-v-
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City Clerk U r-( -( lf
CHAPTER 1:
PROJECT UNDERSTANDING
The proposed Marina Plaza project entails demolition of 44,000 square feet of
commercial space on the 5.12-acre parcel, and construction of a 122 room hotel and two
mixed-use buildings including 21,041 squa r e fee t of commercia l area and 205 residential
units with associated surface and underground parking.
The proposed Project was included in the Cupertino General Plan Amendment, Housing
Element Update, and Associa ted Rezoning Draft EIR (General Plan EIR) as Housing
Element Site 14 (Marina Plaza) lo cate d in the North Crossroads Node w ithin the Heart of
the City Spec ial Area. Housing Eleme nt Site 14 consisted of a 6.86-acre proje ct si te th at is
occupied with a single-story commercia l strip ma ll and surface parking lot su rrounde d by
1-to 4-story commercial and office buildings. The site is in close proximity to several
parks (Wilson and Portal Parks) and schoo ls (Sedgwick, Collins, Wi lli am Faria, and Garden
Gate Elementary Schools, Lawson M id dle Schoo l and, Cupe rtino Hi gh Schoo l). Under the
General Plan EIR, the site was cons id ered underutilized because of the fo ll ow in g: 1)
prime location at the major intersection of Bandley Drive and Alves Drive near the
Stevens Creek Bou levard and North De Anza Boulevard intersection; 2) located in the
Heart of the City Special Area; and 3) i n close proximity t o services and publ ic
transportation.
Housing Element Site 14 is within the Comme rcial/Office/Retail (C/O/R) General Plan
Land Use des ign ation, and is zoned Planned Development with General Commercial and
Residential (P(CG, Res)). Under the Gene r al Plan EIR, the site was evaluated w ith a
residential densi t y of 40 dwelling units per acre allowing up to 232 net residential units
wi th a maximum height of 60 feet or 75 feet with reta il deve lopment resulting in a
potential development that cou ld be 4 to 5-stories tall. Because the buildings directly to
the east of this site are 3-to 4-stories ta ll , and because the site is located in a part of the
city that is la rge ly built out with similar intensity, aesthetic -rela ted impacts from the
in creased heig ht at this locat ion were found to be less than sig nifi ca nt. In addition, there
were no known biological resou rces with special-status or cultura l resources are located
on the project site and the site is not located on a hazardous geological feature,
hazardous materials site or site subject to wildfire or flooding hazards . No existing
housing or residents wou ld be displaced, and the proposed project is within the
projected residential growth projected in the General Plan (Community Vision 2015-
2040). The project would be served by CalWater, which has sufficient supplies to serve
the project site under normal year conditions, and during single-dry year and multiple-
dry years, with the City's water conservation regulations and measures in place. The
Project Study Area is prima r ily served by the Cupertino Sanitary District, which could
serve the project p ri or to excee ding any contractua l treatment thresho lds. In addition,
the landfi ll s that serve the City would have exist in g capacity to serve the proj ect as wo ul d
PG&E; accord in gly, no significant impacts are anticipated.
Because the site is near a major arterials, which wil l likely be the predominant source of
noise and ai r pollution, add itional project-level ai r quality and acoustical ana lys is would
be necessary to demonstrate consistency with applicable land use compatib ili ty
requirements, and the Bay Area Air Management District's air qual ity and interior noise
MARIN A PLAZA PROJECT ENVIRONMENTAL REVIEW
CIT Y OF C UPER TI NO
Exhibit A
1. Project Understanding •• • 1
2 •• • 2. Scope o f Work
standards, per Zoning Ordi nance Sections 19.44 .050 (Site Development Regulations) and
19.116.030 (Genera l Regu lations), as well as app l icable General Plan policies .
MARINA PLAZA PROJECT ENVIRO NMENTAL REVIEW
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CHAPTER 2:
SCOPE OF WORK
This chapter describes the scope of services to be completed by PlaceWorks for the
Marina Plaza Project Environmental Review . 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 are included in Table 2.
TABLE 1 WORK PROGRAM SUMMARY
Task A: Project Initiation & Project Management
l. Kick-Off Meeting
2. Bi-Weekly Statu s Meetings
l. Envi ronmental Chec kli st
a. Aesthetics
b. Air Quality & Co mmunity Risk
c. Biological Resou rces
d . Cultu ral Resourc es
e. Geology & Soils
f . Hazards & Hazardous Materials
g. Hydrology & W ater Qua lity
Task C: Mitigated Negative Declaration
l. Mitigation Monitoring or Reporting Program
2. Notice of Intent
Task D: Focused Environmental Impact Report
l. Notice of Preparation
2. Public Scoping Meeting
3. Draft EIR
4 . Fi nal EIR
3. Pro ject Management
h . Land Use & Planning
Noise & Vib ration
j. Population & Housing
k. Public Services & Recreation
Transportation & Traffic
m . Utilities & Serv ice Systems
3. Public Review & Re sponse to Comments
4. Approval & Notice of Determination
5. M itigation Monitoring or Reporting Program
6. Findings of Fact & Statement of Overriding
Consideration s
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, legall y defensible environmental re v iew document on an optimized timeline.
1. Kick-Off Meeting
Ste ve Noa ck and Ale xis Mena of PlaceWorks will attend a kick-off meeting with City staff
to discuss expectations and concerns, and to review ke y issues, information needs, work
produ cts, and delivery schedule. The data to be used for environmental impact analysi s
will also be reviewed at this meeting to ensure it is fully aligned w ith that used on other
recent and ongoing projects in the vicinity of the project. An appo inted time for a bi-
weekl y status meeting will be established at the kick-off meeting per Task A.2 described
below.
After the kick-off meeting, we will v isit and photograph the project site, paying particular
attention to features and issues ident ified at the kick-off meeting.
M ARI NA PL AZA PROJECT ENVIRONMENTAL REVIEW
CITY OF C UPERTINO
2. Scope of Work ••• 3
4 •• • 2. Scope of Work
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 Cit y
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 wi ll 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-weekl y
status meetings. The Action Item List will identify:
• Subject
• Issue
• 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 , Alexis Mena , Associate, will
serve as the day-to-day contact for project management. Alexis 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 will prepare an Environmental Checklist, leading to a Mitigated Negative
Declaration (MND), or a Focused or Supplementa l EIR Both the MND and EIR 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 El R.
1. Environmental Checklist
PlaceWorks will draft a Project Description using graphics and textual information
provided by the App licant. 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
M ARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
C ITY Of CUPERTINO
Adm inistrat ive Draft Project Description in Word and PDF formats for review and
approval by City staff prior to beginn i ng the environmental re v iew for the project.
Using the City-approved Project De sc ripti on, Place Works wi ll prepare the En v ironmental
Check li st that documents existing conditions, proje ct impacts (if any), and mitigation
measures (if requ ired), as wel l as the resu lting level of sig ni fica nce for potential impa cts
unde r each of the topi cal areas required under CEQA. CEQA permits the excl usion of
en v ironmental issues on which it can be ascertained with certainty that the project would
ha ve no significant negative impact. Considering th e infill nature of th e proposed project
it is anti cipa ted that the topic are as of agricultural/forestry re sources and minera l
resources would be summarily dismissed in t he En vironmenta l Checklist.
In keep in g with the requirements of the CEQA, th e Environmental Check list wi ll include a
deta il ed analysis to determine th e environmental impacts of the following resource
ca tegorie s:
a. A esthetics
PlaceWorks will use its expertise in urban design and v isual assessment, and its familiarity
with the city's visual resources, to analyze potential aesthetic impacts associated with th e
project. The analysis w ill focus on the v isual compatibility of the proposed buildings with
the surrou nding land uses. This analysis w ill need to pay care ful attention to any visua l
impacts created by the height, massing, and scale of the proposed building. This scope of
work assumes that massing studies wi ll be provided by the applicant.
b. Ai r Qua lit y and Community Ri sk
i. A ir Quality
PlaceWorks will conduct a Criteria Air Po l lutant Emission s Analysis and Community Health
Ris k Assessment (HRA) to eva lu ate proposed air qu ality impacts of the proposed p roject.
The ana lyses will be prepared in accordance with the Bay Area Air Quality Manage ment
District's (BAAQMD) CEQA Ai r Qua lity Gu idelines and screen ing tables for Project-Level
analy ses.1
a) Construction
Because the project wou ld necessitate demo lition of exist ing structure s and w ill result in
the export of soil to acco mmod ate below grade parking, a quantitative ana lys is of
construction emissions w ill be required. A fu l l const ru ction emissions analysis w ill be
conducted for th e proposed proje ct using a BAAQMD approved model (e.g. CalEEMod).
For the purpose of this scope and cost estimate it is assumed tha t construct ion activities
would occ ur in two phases for constructio n of the hotel and co nstru ction of the mixed
use apartmen t /retai l buildings. Construction em issions generated by t he project wi ll b e
estimated based on construction phasing, construction equipment use per construction
pha se, and an estimate of material hau l per construction phase provided by the
applicant. Construction equipment and on-road vehicle exhaust and off-gas (coatings and
asphalt) em issions wi l l be compared to BAAQMD's ann ual and daily mass emissions
thres holds.
1 While ado ption of the thresho lds was set aside until an enviro nmental ev alu ation is co ndu cted
pursuant to a re ce nt co urt rul ing, the BAAQMD 's significance cr ite ria , as outlined in the i r CEQA Guidelines, are
supported by extens ive studies and analysis .
MARIN A PLAZ A PR OJECT ENVIRONMENTAL REVIEW
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2. Scope of Work ••• 5
6 •• • 2. Scope of Work
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 sensit ive receptors in the surrounding area. Construction-
related toxic ai r contaminants (TACs) and particulate matter (PM 25 ) impacts w ill be
evaluated based on the specific construction-related characteristics (e.g. equipment use ,
construction phasing) of the project and proxi mity to off-site receptors. The HRA will
evaluate potential health risk and PM 2.5 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 concentrat ion s of hazardous air pollutants
at the project site. Cancer and toxicity data published by the Cal ifornia Environmental
Protection Agency (Cal -EP A) wi ll 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 eva lu ate the change in air quality
assoc iated with the proposed project. The existing 44,000 square foot commercial
building generates criteria air pollutant emissions frcim transportation sources (vehicles),
energy (natural gas), and area so urces (land scape emissions, consumer products). The
Marina Plaza Project would generate an increase in criteria air pollutant emissions from
these sources. The net increase in air pollutant emissions will be developed based on the
proposed land uses on-site and modeled using a BAAQMD approved model (e.g.
CalEEMod). The majority of criteria air pollutant emissions generated by the project will
be from new vehicle trips traveling to and from the project site. We will coordinate
closely with the transportation consultant to obtain ve hicle miles traveled, trip
generation, and trip reductions associated with use and availability of alternative modes
of transportation and other transportation contro l measures, as documented in the
traffic study. The net incre ase in cr iteria air pollutant emis sions generated by the project
w ill be compared to BAAQMD's average daily and annua l criteria air pollutant thresholds.
The operational phase analysis will also evaluate consistency with BAAQMD's 2010 Bay
Area Clea n Air Plan, placement of sensitive land uses proximate to exist ing odors, and
carbon monoxide hotspots. PlaceWorks anticipates that the project would not generate
enough traffi c vo lumes to warrant a detailed ca rbon 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 substantia l odors (e.g. restaurants w ith five or more employees
are required to comply with BAAQMD Regulation 7, Odorous Substa nces , which prohibits
the generation of nuisance odors) or place new sens itive receptors proximate to existing
sources of odors; therefore, thi s would also be addressed qualitatively .
d) On-Site Operational Health Risk
Based upon a review of the project and use of the BAAQMD screening table s to evaluate
vehicle-related emissions along the major arterials proximate to the project site, refined
modeling will be required to determine if project-related sensitive receptors would be
exposed to significant concentrations of veh icle -genera ted PM 25 and TACs. A quantitative
health risk assessment will be conducted in accordance with the BAAQMD's guidance
document Recommended Methods for Screening ond Modeling Loco/ Risks and Ha zards
and the BAAQMD's recently adopted CEQA Guide lin es. Dispersion modeling will be
performed using a BAAQMD-accepted computer-based model (e .g. ISCST3, AERMOD, or
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTIN O
CAL3QHCR) to determine ground-level concentrations of hazardous air pollutants at the
project site. Cancer and toxicity data published by Ca l-EP A 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 PM 25 and TACs is sign ificant, potential mitigation
measures may include installation of Minimum Efficiency Reporting Value (MERV) filters
in the re sidences 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.
ii. Greenhouse Gas Emissions
a) Greenhouse Gas In v entory
Project-related GHG emissions from transportation sources, area sources (landscaping
fuel, arc hitectural coatings, and consumer products), energy sources (natural gas
consumption, energy use), wate r and wastewater, and waste will be calculated using a
BAAQMD approved model (e.g. CalEEMod). The majority of GHG emissions generated by
the project will be from new veh icle trips traveling to and from the project site. We will
coordinate closely with the transportation consultant t0 obtain vehicle miles traveled,
trip generation, and trip reduction s associated with use and availability of alternative
modes of transportation and other transportation control meas ures, as documented in
the traffic study. GHG emission reductions from project design features, which reduce
other operational sources of emissions, as applicable, wil l be quantified. GHG emissions
generated by the project will be compared to BAAQMD's sign ificance thresholds.
b) Consistency with Greenhouse Gas Reduction Plans
The GHG section in the CEQA document 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 w ithin 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 Assoc iation 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. Add iti ona l measures
included in the CAP wi ll be considered for inclusion in the project.
c. Biological Resources
Given the urbanized nature of the project site, the biological resources discussion w ill
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 .
d. Cultural Resources
PlaceWorks wil l complete a sea rch of the archaeological base maps, re cords, and reports
on file at the Northwest Information Center at Sonoma State Uni versity and evaluate the
potential for disturbance of unknown buried paleontological and archaeolog ical
resources, including human remains .
e. Geology and Soi ls
The Environmental Checklist w ill provide an overview of current geologic/soil conditions
at the project site and an evaluation of the potential for the proposed project to result in
MARINA PLAZA PROJECT ENVIR ONMENTAL REVIEW
CITY OF C UPERTINO
2. Scope of Work ••• 7
8 •• • 2. Scope of Work
significant direct and/or indirect environmental impacts related to geology and soils. The
regulatory framework will be eva luated and described; ex isting conditions wi ll be
researched and clearly articulated; relevant standards of significa nce will be estab lished;
potential impacts will be identified and evaluated; and where appropriate, mitigation
measures may need fo be developed. A variety of data sources will be 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 .
f. Hazards and Hazardous Materials
PlaceWorks will evaluate safety hazards for the proposed project. The evaluation
specifically will look at environmental hazards associated with hazardou s materials,
hazardous waste disposal, airport safety, emergency preparedness, and wildland fire. The
Hazards and Hazardous Materials section of the Environmental Check list will include a
database search of the site and nearby properti es that use, store, or transport hazards of
hazardous materials. The results of available background information from any previous
environmental assessments also wi ll be summarized. Recognized environmental concerns
will be evaluated and addressed in this section of the Environmental Checklist, along with
other past site activit ies , and proposed construction and development activities, the
presence/absence and significance of ha zardous waste risks, and recommendations for
remediation measures, as appropriate.
g. 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 po llu tion 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 sect ion 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 for the 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 regulat ory 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.
h. 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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
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land uses around the project site will be documented, and the project will be evaluated
for compatibility with surrounding land uses.
Our analysis wil l be used to inform development of project alternatives if the prepa r at ion
of an El R is ultimately required.
i. Noise and Vib ra tion
PlaceWorks will prepare a noise and vibration analysis for construction and operational
activ ities associated with the proposed mixed -u se project. The noise analysis wil l be
consistent with the noise standards and criteria of the City of Cupe rtin o and State of
California .
i. Exis ting Noise Conditions
PlaceWorks wil l use our expe rien ce and knowledge of simil ar noise env ironm ents t o
characterize the ex isting conditions for the project site, includ in g traffic fl ows on De Anza
Boulevard and Stevens Creek Boulevard and 1-280. To fully document the existing
conditions, nearest sensitive receptors, and current noise levels at and around the
project site, Pla ceWorks will conduct an amb ient noise measurement survey, during
which noise level data w ill be acquired at one (1) long-term location for a period of 24
hours and at four short-term locations for 15-m in ute samp le periods. Traffic fl ow
contributions to these field data will be assessed via calculat ions using input parameters
from the project's traffic study.
ii . Transportation Noise
No ise from vehicular traffic will be assessed using a version of the U.S. Federa l Highway
Administrat ion (FHWA) Traffic Noise Model; these contours will rely on traffic forecasts
provided in the traffic impact analyses for the project. These analyses will identify areas
along freeway and roadway segments that would be exposed to noise increases from the
project; relative to criteria included in the City's Genera l Plan Noise Element. Railway and
aircraft noise would not be expected to have substantial impacts on the general
community, so these topics will be addressed for CEQA completeness on a qualitative
basis .
iii . Sta tionary Noise
Noise impacts from non-transportat ion sources at the site, such as heating, ven tila tion,
and air condition ing (HVAC) units, maintenance activities, and periodic truck movements,
are expected to be of secondary importance to the traffic impacts and will be discussed
qualitatively.
iv. Noise and Land Use Compatibility
PlaceWorks w il l review the site plan and evaluate potential noise impacts in terms of
compatibility of the future noise environment with the in door and outdoor living areas.
Land use compatib i lity w ith respect to noise will be assessed based on future traffic noise
projections for local roads. Compatibi lity with state interior sound insu lation sta nd ards
will be made assuming typical architectural attributes for multi -fa mily facilities. We will
use, to the extent feasible, technical information that is made available from the project's
acoustical consultant (RGD Acoustics, Inc.). Mitigat ion measures will be developed to
reduce noise impacts to the proposed outdoor living areas and interior habitable rooms
to less than sign ifi cant leve ls.
MARINA PLAZ A PR O JECT ENVIRONMENTAL REVIEW
CITY OF C UP ERTINO
2. Scope of Work ••• 9
10 •• • 2. Scope of Work
v. Construction Noise and Vibration
PlaceWorks will assess temporary noise and vibra ti on impact s during site preparation and
project construction activit ies using industry-standard analysis techniques and using
sc heduling, equipment mix , hauling, and truck trip information as provided by the
applicant . We wi ll pay particu l ar attention t o the rem ova l of construction and demolition
debris associated with th e demolit io n of existing structures on-site and the export of soil
to accommodate a subte rranean parking garage and. The noise analysis will provide an
est imate of noise and vib r at ion leve ls associate d with project demolition and
cons tru ct ion activities, and fr om off-s ite haul trucks. PlaceWorks w ill also provide an
in iti al assessment of potential vibration impacts . Feasible mitigati on measures will be
ident ified to minimize future co nstru ct ion-related noise and vibrati on impacts within the
study area.
j. Population and Housing
The Population and Housing section will d isc us s the projec t's consistency w ith the
General Plan, and reference conclusions in th e General Plan EIR.
k. Publ ic Serv ices and Recreation
The Publi c Serv ices and Recreat ion sec ti on w ill di sc uss the project's consistency w ith the
Genera l Plan and General Pla n EIR.
I. Transportation and Traffic
PlaceWorks wi ll incorporate the finding s of th e TI A, prepared by the selec ted
transportation co nsultant, und er separa t e sco pe of work into the Environmental
Check li st.
m . Utilitie s and Service Sys tems
PlaceWorks wil l eva luate potential i mp acts rela ted to wastewater treatment and wate r
supply infrastructure, sto rmwater infrastructure, solid waste disposa l and energy
conservation. As part of this evaluation , PlaceWorks will contact utility providers for
background info rmati on, assistance with impact assessments, and mitigation
recommendations. This section wi ll reference Mitigation Measures UTIL-6a-c , calling on
the City t o work w ith the Cupertino Sa nitary Distr ict to increase the citywid e treatment
and transmi ss ion ca pacity . We assume the City wi ll reque st a Water Supply Assessment
from CalWater.
PlaceWorks wi l l sub mit the En vi ronmental Checkl ist , along w ith appended informat ion to
the City for revi ew. We recommend that we t hen meet w ith City st aff to determin e the
next steps in the CEQA pro cess .
Deliverables :
• One (1) electronic copy of the Admini strative Draft and Fina l Project Descr ip tion in
Word and PDF format to the City
• One (1) electron ic copy of the completed Environmenta l Check li st an d appendices
Task C. Mitigated Negative Declaration
As previously not ed, PlaceWorks proposes a two-p hase envi ronmenta l re v iew process
including preparing an Environmenta l Checklist, lea ding to a MND or a Focused or
MARINA PLAZA PROJEC T ENVIRONMENTAL REVIEW
CITY O F CUPERTI NO
Supplemental EIR. The MND process is described, below fo llowed by a genera l
description of the El R process.
If it is determined that potential i mpacts from construction or ope ration of the project
can be avoided t hro ugh changes t o t he project, or m it igated to less-than -significan t leve ls
in accordance with CEQA Gu ide li nes, Section 15070, a MND wil l be prepared.
1. Mitigation Monitoring or Reporting Program
Concurre nt wit h t he prepara t ion of the Environmenta l Check l is t and M it igated Negat ive
Declarat ion, we wi ll prepare a Mitigation Monitoring and Reporting Program (MMRP) for
the mitigation measu r es included in the Environmental Checklist pursuant to the City's
policies and procedures. The MMRP, shown in tabular form, will ident ify responsibility for
imp lementing and monitoring each m it igation measure, along with monitori ng t riggers
and repo rtin g freq ue ncies.
2. Notice of Intent
PlaceWorks will draft a Notice of Intent (NOi) of an MND pursuan t to CEQA Guidelines,
Section 15072. PlaceWo r ks w ill 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 wi ll be
responsible for local noticing.
Deliverab l es:
• One (1) electron ic copy of the Admin ist rat ive Draft and Final Pr oject 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 PD F format to the City
• Twenty (20) ha r d cop ies with the technical appendices on compac t disc (CD)
attached, and one (1) electronic copy of the NOi, Environmental Check lis t /MND, and
MMRP in Wo rd and PDF Format to the City
• Fifteen (15) hard copies of the NOi, Environmental Checklist/MND, and MMRP, and
compact discs (CDs) with the comp lete IS and technical appendices attached t o t he
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 wi ll attend one (1) pub lic hearing to pr esen t t he conclusions of t he
Env i ronmenta l 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 incl udes 32 hours of staff time t o respo nd t o comme nts 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 wil l be required .
We w ill pr epare an Admin istrative Draft Respo nse to Com ments Memo r andum for
review by City staff. Based on City staff comments, we will comp lete revisions and deliver
a Final Respon·se to Comments Memorandum.
M AR IN A Pl AZA PRO JECT ENVIR O NM EN TAl REVI EW
C ITY OF C UPERTINO
2. Scope of Work ••• 11
12 •• • 2. Scope of Work
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 Not ice 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.
1. Notice of Preparation
PlaceWorks w il l 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 form.at to the City
2. Public Scoping Meeting
During the 30-day comment period for the IS and NOP, PlaceWorks wi ll attend a public
scoping meeting to hear comments on the environmental issues to be addressed in the
M AR INA PLAZA PROJECT ENVIRONMENTAL REV IEW
CITY O F C UPERTINO
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 env ironmental issues raised at the scop in g meet in g for
incl us ion in the Draft El R.
Deliverables:
• Materials for Scoping Meeting
• One (1) electronic copy of the Meeting Summary Memorandum in Word an d PDF
format to the City
3. Draft Environmental Impact Report
Us i ng the City-approved Project Descr i ption from Task B.l. PlaceWorks w i ll use the
comprehensive Environmental Checklist described in Task B.l to prepare an EIR that
focuses on the CEQA resource categories where substantial evidence of a potentially
significant environmental impact exists. This approach wil l allow for preparation of a
rigorous environmental ana lysis and a lega ll y defensible EIR on an optimized schedule
and budget. The EIR wil l be based on the documentation and findings in the IS. Because it
is unknown at this time whic h environmental topics, if any, would require additional
review this scope of work describes the additional CEQA-required steps that wo uld be
included if an EIR were required. Once it is determined that an E.IR is required a contract
amendment to determine the cost for additional environmental review could be requ i red
at that time.
a. Alternatives Evaluation
PlaceWorks will develop a list of up to three potential draft alternatives, including the
CEQA-required No Project Alternat ive. We wi ll work w ith City staff to fina lize the list and
complete an impact analysis of each alternative for in clus ion in the EIR. The alternatives
analysis will be a qualitative discussion and will identify the environmentally superior
alternative. The alternatives wil l be designed to avoid or lessen at least some of the
potentially sign ificant impacts ident ifi ed 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 wil l cover all CEQA
requirements. As described above, the EIR wi ll focus on CEQA resource categories where
substant ial evidence of a potential ly sign ificant environmental im pact exists. The AD EIR
w ill also include a chapter sum mari zing resource categories scoped out of the EIR and
providing justification and citations in support of this determination. Sign ifi cance cr iteria
will be identified for each impact topic based upon thresholds of significance identified in
Append ix G, En vironmenta l 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
de v elopment of the proposed project. Fo r each ident ifi ed en v ironmental impact, a set of
feasible mitigation measures w ill be recommended.
M ARINA PL AZA PROJECT ENVIRONMENTAL REVIEW
CITY OF C UPE RTINO
2. Scope of Work ••• 13
The ADE IR wi ll cover the following t op ics:
• Executive Summary. PlaceWorks wil l create a summa ry in a form consistent with
CEQA Gu id eline s, Section 15123. This summary w i ll fac ilitat e a quick understanding
of en vironmental issue s and th e actions required t o mitigat e potential i mpacts. It
will include a summary table of impa cts, mitigation measures, and leve ls of
significance before and after m itigat ion.
• Project Descript ion . Th e ADE IR w il l incl ude the project description drafted for the
proj ec t.
• Setting, Impacts, and Mitigation Measures . The ex istin g sett in g info rmation, impact
analyses, and mitigation measures developed in Task B.l will be comb in ed to create
chapters describing environmental consequences for each CEQA-required topic.
• Alternatives Evaluation . Th e alternatives eva luation co mplet ed above w ill be
incorp orate d into the AD EIR . This chapter will include a tabul ar comparison of th e
alternatives impa cts.
• CEQA Required Assessment Conclusions. PlaceWorks w ill prepare assessment
conclusions to meet CEQA Guide lines for the following mandatory findin gs:
• Cumu lative Impacts
• Growth Indu ce ment
• Unavoidable Signi ficant Effects
• Significant Irreversible Changes
• Impa ct s Found Not to be Significant
• Report Preparers . This chapter wil l ide ntify the consu ltants and staff who prepared
the EIR.
City staff will act as a clearing house for comments on the ADE IR an d wi l l provide
Plac eWorks with a sin gle, internal ly reconciled set of comments.
De liverable:
• One (1) electronic copy of the Adm ini strative Draft EIR in Word and PDF format to
the City
c. Screencheck and Public Review Draft EIR
PlaceWorks w ill in co rporate one (1) consolidated se t of comments on the AD EIR from
City staff t o create the Screencheck Draft El R for final rev iew and approval prio r to
publication. Commen ts on the Sc ree nch eck Draft EIR w ill be limited to grammatical,
format and typ og raphical comme nts. Plac eWorks assumes 40 hours for addressing
com ments from th e City staff on the Screencheck Dr aft EIR , preparing the Draft EIR and
publication of the document.
PlaceWo r ks w ill be responsible for delive ry of the Draft EI R, Not ice of Ava il ability (NOA)
and Noti ce of Completion (NOC) to the State Clearinghouse . We assume the City sta ff w ill
publish and loca ll y distribute t he NOA.
Steve Noack wi ll attend one (1 ) public hearing on the Draft EIR. We assume that City staff
wi ll 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
14 •• • 2. Scope of Work MARINA PtAZA PROJECT ENVIRONMENTAL REVIEW
CIT Y OF C UPE RTINO
• Twenty (20) hard copies w ith the technical append ices on compact d isc (CD)
attached one (1) electronic copy of the Pub lic Rev iew 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, f ifteen (15) compact . discs (CDs) w ith the comp lete EIR and tec hn ica l
appendices attached to the State Clear i nghouse
4. Final EIR
PlaceWorks w i ll prepare an Ad mi nistrative Final EIR, wh ich wil l in cl ude bot h th e Response
to Comments document, add itional analysis, or revisions to the Draft EIR as necessary;
and the MMRP.
Fo ll owi ng receipt of comments on the Admin istrat ive Draft Fina l EIR, PlaceWorks w ill
prepare a Scre encheck Fi na l EIR and a Fi nal EIR for publication. PlaceWorks assu mes 42
hours to address comments on the Draft EIR.
Steve Noack of PlaceWorks will attend up to two (2) certification hear i ngs on the Final
EIR . Attendance at additiona l hear i ngs wou ld be billed on a time and materials basis with
an estimated cost of $800 per m eeting.
5 . Mitigation Monitoring or Reporting Program
Concu rrent with the preparation of the Final EIR, we will prepare a MMRP for the
mitigation measu res included i n the EIR pursuant to the City's polic ies and procedures.
The MMRP, shown in tabular form, w i ll identify responsib i lity for i mp lementing 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.
Deliverables:
• One (1) electronic copy of the Administrative Draft Final EIR and MMRP in Word and
PD F format to the City
• One (1) electronic copy of the Screencheck Fina l EIR and MMRP in Wo rd and PDF
format t o t he City
• Fifty (50) hard copies of the Final EIR and MMRP and one (1) electron ic 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 una voidable impacts are disclosed, we will prepare the statement of
overriding considerations necessary to support cert ification 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 app licable) in MS Word
and PDF format to the City
M AR IN A PLAZA PR O JEC T ENVIRO NMENTAL REVIEW
CITY OF C UP ERTI NO
2. Scope of Work •• 15
16 ••• 2. Scope of Work
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 su bmit the NOD to the County Clerk and pay all applicable
filing fees at the t ime of post ing . The budget does not include payment of any fil i ng 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
M ARINA PLAZA PROJECT ENVIRONMENTAL REV IEW
CITY Of CUPERTINO
CHAPTER 3:
SCHEDULE, 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 staff w ill 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 Schedu le,
we anticipate that the Environmental Checklist/MND can be completed and approved
within a 6-month period and the Focused EIR (or other derivative) can be completed and
certified within an 11-month per iod .
PlaceWorks has a strong track record in meeting project schedules and coordinating
close ly with its cl ients. Over years of managing projects sim ilar 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 schedu le throughout the project, to ensure that al l 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 dec isions 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 too ls including regularly maintained action item list and schedule to ensure
clear communication between project team members and quick resolution of obstacles
to progress .
M AR INA PLAZA PROJEC T ENVIRONMENT A L REVIEW
CITY O f C UPERTINO
3 . Schedule . Products . & Meetings ••• 17
SCH EDULE
Task A -Proje ct Initiation and Man agement
Kick-Off Meeting
Task a1 -Initial St udy /M ND
Task C.2 -Focu se d BR
A'oject Description
Review A'oject Description
Final A'oject Description
D-aft Initial Study/MNOINOVl\/MRP
Review lnrtial Study /MNOINOVMMRP
Final lnrtial Study/MNOINOVl\/MRP
D-aft IS/MND Public Review
D-aft IS/MND Public Hearing
O'"aft Response to Corrrrent tv1emo
Review Response to Corrrnent Merro
Fina l Response to Comnent Merro
Fina l IS/MND R.lblic Hea rings
File NOD
NOA'IS Public Review
Oty/RaceWorks
RaceWorks
Oty
AaceVVorks
AaceWorks
Oty
Race Works
Oty/AaceWorks
AaceWorks
Oty
AaceWorks
Oty/AaceWorks
Oty
DEIR Public Scoping Meeting Oty/AaceWorks
14
14
35
14
7
30
14
14
30
Adrrinistrative D"art BR AaceWorks 30
Rev iew Adrrinistrative D-aft BR Oty 14
Screencheck Draft BR RaceWorks 7
Review Screencheck D"aft BR Qty
RJblic Review Draft BR AaceWorks
DEIR Public Rev iew Period 45
D-aft BR Public Hearing Oty/RaceWorks
D-aft Response to Corrrrents /FBR RaceWorks 21
Review D"aft Response to Comrents/Final BRltv'lv\RP Oty 14
Screencheck Response to Comnents/Final BRIWilv\RP AaceWorks 7
Rev iew Screencheck Response to Corrrrents/Final BR/Mv1RP City
Final BR/MMRP RaceWorks
D"aft Findings/Staterrent of CNerrinding Considerations
Review Findi ngs /S tatement of Overrinding Considerations
Final Findings /Statement of Overrinding Considerations
Notes:
City
Placel/v\:>rks
Rev iew Periods
Me etings/He arings
BR Public Hearings
18 •• • 3. Schedule. Products. & Meetings
AaceWorks
Oty
RaceWOrks
14
14
0
0
M AR INA PLAZA PRO JECT ENVIRONM ENTA L REV IEW
CITY Of CUPERTINO
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
• Admi nistrative Draft and Final En vironme ntal Eva luation Memorandum
• Administrative Draft and Final Project Description
• Adminis trative Draft and Final NOi, Environmental Checklist/MND, and MMRP
• Administrat ive 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 Evalua tion Memorandum
• Adm inistrative Draft and Final Project Description
• Admin istrative Draft and Final IS
• Materials for Scoping Meeting
• Scoping Meeting Summary Memorandum
• Administrative, Screencheck and Public Review Draft El Rs
• 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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF C UPERTINO
3. Schedule, Products , & Meetings ••• 19
20 •• • 3. Schedule . Products . & Meetings
MEETINGS
Phase 1: Environmental Checklist/Mitigated Negative
Dec laration Option
• St eve Noack and Alex is Mena wi ll attend one (1) kick -off me et i ng
• Steve Noack and Alex is Mena will participate in up to six (6) regu larly scheduled
Bi-weekly Status Meetin gs
• Steve Noack w ill attend one (1) pu blic hearing to present the conclus ions of the
Environmenta l Check l ist/MND and re cei v e comments
• Steve Noack will attend two (2) public hearings on the approval of the Project and
Environmental Checklis t /MND
Phase 2: Focused EIR Option
• Steve Noack and Alexis Mena will attend one (1) ki ck-off meeting
• Steve Noack and Ale xis M ena wi ll participate in up to 12 regularl y scheduled
Bi-weekly Status Meetin gs
• Steve Noack w ill attend one (1) scoping meeting for the EIR
• Steve Noack will attend one (1) public he aring on the Draft EIR
• Steve Noack will attend up to two (2) certification hearings on the Final EIR
We are availab le to attend additional meet ings on a time-and-materials basis . Additional
meeting attendance is est ima ted at $800 per meeting.
MARI NA PLAZA PR OJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
CHAPTER 4:
COST ESTIMATE
As shown in Table 2, the estimated cost to complete the scope of work described in the
Environmental Checklist/MND is $87,070.
As shown in Table 3, the estimated cost to complete the scope of work described in the
Phase 2: Focus ed EIR Option, this proposal is $120,384.
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 . PlaceWorks bills for its
work on a time-and-materials basis with monthly invoices.
ASSUMPTIONS
This scope of work and cost est ima te assumes that:
• Billing rates for this project are guaranteed through December 2016. Billing rates
would be subject to an increase of up to 6 percent on January 1, 2017, and in each
subsequent year thereafter. A budget increase would be necessary to cover costs
incurred after January 1, 2017.
• Ou r cost estimate includ es 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 Re v iew Draft of the Environmental Checklist/MND . If
addit iona l la bor 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
all owing additional work w il l 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 numbe rs of products and copies shown in Chapter 4. If this allowance
is exceeded, additional pri nting costs w ill be billed at PlaceWorks actual cost.
• City staff will be responsible for meeting logistics, including schedule coord i nation,
document production, printing notices, mail in g 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.
• The selected transportat ion consultant w il l analyze and provide the traffic-related
inputs for PlaceWorks' no ise and air quality/greenhouse gas analysis
MARINA PLAZA PROJECT ENVIRO NMENTAL REVIEW
CITY OF C UP ERTI NO
4. Cost Estimote ••11 21
TA BLE 2 COST ESTI M ATE
Hou rs per Ta sk Prin c ipal
A . Project In itia ti on a n d Project Manage m ent
1. Kick-off Meeting
2. Bi -Weekly Status Meetings
3. Project Management
B . CEQA Env ironmental Rev i ew
1. Environme ntal Checkl ist
C. M i tigate d Negati ve Declaration
1. Mitigation Monitoring or Reporting Program
2. Notice of Intent
3. Public Review and Response to Comments
4 . Approval and Notice of Determination
Tota l Hours
Billing Rate
Labor Cost
Total Fi r m Labor Cost
EXP ENSES
Deliveries
Office Expenses (Phone, Fax, Copies, etc . @ 2% of Labor)
Report Production (20 copies @ $30)
Mileage (300 miles@ $.575/Mile
Noise Monitori ng
Total Expenses
Total pe r Firm
Total
2 2 ••• 4 . Cost Estimate
10
4
6
16
16
23 .0
1
10
12
49
$210
$10,290
Associate
' 24
2
6
16
' 1 2 0
120
' 18.0
2
1
' 10
' 5
' 162
$135
$21,870 '
Place Works
Sen io r Sen io r Sen io r
Sci entist En gineer Geologist
' ' '
' ' ' 6 20 16
6 20 16
' ' ' 2.0 2 .0 2 .0
' ' ' 2 2 2
' '
' ' ' 8 22 18
$180 $175 $160
$1,440 ' $3,850 ' $2,880 '
Project Project
Planner Scienti st
' ' 1 2
12
' ' 160 59
160 59
' ' 26 .0 2.0
8
2
' ' 12 2
' ' 4
' ' 198 61
$105 $135
$20,790 ' $8,235 '
Graphics Cleric a l /
Sc ienti st /WP Intern
' ' 3
1
2
' ' 140 12 7
' ' 140 12 7
' ' 3 .0 5 .0
2 2
1
1
' ' 1
' ' 140 15 15
$85 $100 $70
$11,900 ' $1,500 ' $1,050
-$83,805
261
1,676
600
173
555
$3,265
$87,070
$87 ,07 0
MARINA PL A ZA PRO JEC T ENVIRO NMENTA L REVIEW
CITY OF CUPERTIN O
TABLE 3 EI R COST ESTIMATE
Hours per Task
A . Project Initiation and Project Management
1. Kick-off Meeting
2. Bi -Weekly Status Meetings
3. Project Management
B. CEQA Environm en tal Rev i ew
1. Environmental Checklist
D. Focused Environmental Impact Report
1. Notice of Preparation
2. Public Scoping Meeting
3. Draft Environmental Impact Report
4. Final Environmental Impact Report
5. Mitigation Monitoring or Reporting Program
6. Findings of Fact and Statement of Overridiryg Considerations
7. Notice of Determination
Total Hours
Billing Rate
Labor Cost
Total Firm Labor Cost
EXPENSES EIR
Deliveries
Office Expenses (Phone, Fax, Copies, etc . @ 2% of Labor)
Report Production (20 copies @ $50)
Cultural Resource Database Sea rch
Total Expenses
Total per Firm
Total
M ARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY Of CUPERTINO
Principal Associate
20 36
8 8
12 12
16
1 6 80
16 80
39 68
2
10
10 38
13 14
1
5 12
75 184
$200 $135
$15,000 $24,840
PlaceWorks
Senior Senior Senior
Scientist Engineer Geologist
16 28 37
16 28 37
3 3 2
1 1
2 2 2
19 31 39
$180 $170 $160
53,420 $5,270 $6,240
Project Project Graphics Clerical/ labor Cost
Planner Scientist Scientist /WP Intern Per Task
12 3 686
12 352
1 170
2 164
280 100 60 1 2 7 6,840
280 100 60 12 7 6,840
104 6 3 10 30,900
8 1,310
12 3,260
40 4 2 5 12,650
20 2 2 7,960
4 1 1 725
16 1 4,370
4 1 625
396 106 60 15 20
$105 $105 $80 $100 $70
$41,580 $11,130 $4,800 $1,500 $1,400 $115,180
$115,180
200
2,3 04
2,000
700
$5,204
$120,384
$120,384
5. Cost Estimate ••• 23
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS
FOR MARINA PLAZA CEQA CONSULTING SERVICES
THIS AGREEMENT, is entered into this 22nd day of November, 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 CEQA
consultation services, including environmental checklist, mitigated negative declaration
and focused environmental impact review, upon the terms and conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on November 22, 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 set forth in Exhibit "A" pursuant
to the schedule of performance 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 THIRTY TWO, FOUR
HUNDRED TWENTY THREE THOUSAND dollars ($132,423.00) based on the rates
and terms 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. ·
Page 1 oflO
PlaceWorks Marina Plaza CEQA, 11-22-15
5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement 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, ifrequired, 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 indemnify 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 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 ofrace, 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.
9. 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 to all services performed
in connection with the Agreement, indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature,
whether physica~ 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
Page 2 oflO
PlaceWorks Marina Plaza CEQA, 11-22-15
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.
10. 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,
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 ofloss 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. Additional Insured. City, its City Council, boards and commissions,
offic~rs, employees and volunteers shall be named as an additional insured under all
insurance coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such
additional insured. An additional insured named herein shall not be held liable for any
premium, deductible portion of any loss, or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured shall not be required
to contribute anything toward any loss or expense covered by the insurance provided by
this policy.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
F. Maximum Coverage and Limits. It shall be a requirement under this
Page3 oflO
PlaceWorks Marina Plaza CEQA, 11-22-15
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.
11. 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.
12. PROIDBITION 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.
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.
Page4 oflO
PlaceWorks Marina Plaza CE:QA, 11-22-15
Subcontractor further agrees to include these same prov1s10ns 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.
14. 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.
15. 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 once the payment is received by 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 City deems appropriate. If City causes such
Reports to be altered without Consultant's written consent, such reuse shall be at the
City's risk.
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.
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, 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
PageS oflO
PlaceWorks Marina Plaza CEQA, 11-22-15
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
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. NONAPPROPRIATION
This Agre~ment 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.
18. 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 ink jet 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.
19. NOTICES
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attn: Aarti Shrivastava, Assistant City Manager
Page 6of10
PlaceWorks Marina Plaza CEQA, 11-22-15
TO CONSULT ANT:
Place Works
1625 Shattuck Avenue, Suite 300
Berkeley, CA 94709
Attn: Steve Noack, Principal
20. TERMINATION
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If 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.
21. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules,
policies and regulations enacted or issued by City.
22. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jurisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction oyer 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 Santa ciar~, State of
California.
23. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
24. WAIVER
Page7 oflO
PlaceWorks Marina Plaza CEQA, 11-22-15
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.
25. 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.
26. 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.
27. 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.
28. 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
Place Works
By~w
Title t'tl.t!JCIPA'-'
Date I ;i.../ ?i IL i'
I I
ATTEST:
PlaceWorks Marina Plaza CEQA, 11-22-15
~~ti= ( .Z,-.-fJ-f)
City Clerk
CITY OF CUPERTINO
RE~APPROVAL
Erick Serrano, Assistant Planner
Page 8 oflO
Exhibits: (Check box for exhibits that apply to this contract and attach)
IZl Exhibit "A" -Scope of Services
D Exhibit "B"-Schedule of Performance
D Exhibit "C" -Compensation
IZl Exhibit "D" -Insurance Requirements and Proof of Insurance
D Exhibit "E"-Mari.dated Reporting Acknowledgement
D Exhibit "F" -Background/Fingerprint/TB Declaration
D Exhibit "G"-Nondiscrimination-State/Federal/HUD funded project
D Exhibit "H" -Request for City Manager to Waive Informal Bidding Requirements
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO #2016-·t;<iO
Account: 100-71-701900-995 $132,423.00
Total: $132,423.00
Page 9of10
PlaceWorks Marina Plaza CEQA, 11-22-15
CH !.\?TER ·1:
PROJECT U
The proposed Marina Plaza project entails demolition of 44,000 square feet of
commercial space on the 5.12-acre parcel, and construction of a 122 room hotel and two
mixed-use buildings including 21,041 square feet of commercial area and 205 residential
units with associated surface and underground parking.
The proposed Project was included in the Cupertino General Plan Amendment, Housing
Element Update, and Associated Rezoning Draft EIR (General Plan EIR) as Housing
Element Site 14 (Marina Plaza) located in the North Crossroads Node within the Heart of
the City Special Area. Housing Element Site 14 consisted of a 6.86-acre project site that is
occupied with a single-story commercial strip mall and surface parking lot surrounded by
1-to 4-story commercial and office buildings. The site is in close proximity to several
parks (Wilson and Portal Parks) and schools (Sedgwick, Collins, William Faria, and Garden
Gate Elementary Schools, Lawson Middle School and, Cupertino High School). Under the
General Plan EIR, the site was considered underutilized because of the following: 1)
prime location at the major intersection of Bandley Drive and Alves Drive near the
Stevens Creek Boulevard and North De Anza Boulevard intersection; 2) located in the
Heart of the City Special Area; and 3) in close proximity to services and public
transportation.
Housing Element Site 14 is within the Commercial/Office/Retail (C/O/R) General Plan
Land Use designation, and is zoned Planned Development with General Commercial and
Residential (P(CG, Res)). Under the General Plan EIR, the site was evaluated with a
residential density of 40 dwelling units per acre allowing up to 232 net residential units
with a maximum height of 60 feet or 75 feet with retail development resulting in a
potential development that could be 4 to 5-stories tall. Because the buildings directly to
the east of this site are 3-to 4-stories tall, and because the site is located in a part of the
city that is largely built out with similar intensity, aesthetic-related impacts from the
increased height at this location were found to be less than significant. In addition, there
were no known biological resources with special-status or cultural resources are located
on the project site and the site is not located on a hazardous geological feature,
hazardous materials site or site subject to wildfire or flooding hazards. No existing
housing or residents would be displaced, and the proposed project is within the
projected residential growth projected in the General Plan (Community Vision 2015-
2040). The project would be served by CalWater, which has sufficient supplies to serve
the project site under normal year conditions, and during single-dry year and multiple-
dry years, with the City's water conservation regulations and measures in place. The
Project Study Area is primarily served by the Cupertino Sanitary District, which could
serve the project prior to exceeding any contractual treatment thresholds. In addition,
the landfills that serve the City would have existing capacity to serve the project as would
PG&E; accordingly, no significant impacts are anticipated.
Because the site is near a major arterials, which will likely be the predominant source of
noise and air pollution, additional project-level air quality and acoustical analysis would
be necessary to demonstrate consistency with applicable land use compatibility
requirements, and the Bay Area Air Management District's air quality and interior noise
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
Exhibit A
1. Project Understanding llll•iill 1
2 lllllllllii 2. Scope of Work
standards, per Zoning Ordinance Sections 19.44.050 (Site Development Regulations) and
19.116.030 (General Regulations), as well as applicable General Plan policies.
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
0
This chapter describes the scope of services to be completed by PlaceWorks for the
Marina Plaza Project Environmental Review. 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 are included in Table 2.
TABLE 1 WORK PROGRAM SUMMARY
1. Kick-Off Meeting
2. Bi-Weekly Status Meetings
1. Environmental Checklist
a. Aesthetics
b. Air Quality & Community Risk
c. Biological Resources
d. Cultural Resources
e. Geology & Soils
I. Hazards & Hazardous Materials
g. Hydrology & Water Quality
1. Mitigation Monitoring or Reporting Program
2. Notice of Intent
1. Notice of Preparation
2. Public Scoping Meeting
3. Draft EIR
4. Final EIR.
3. Project Management
h. Land Use & Planning
Noise & Vibration
j. Population & Housing
k. Public Services & Recreation
I. Transportation & Traffic
m. Utilities?< Service Systems
3. ·Public Review & Response to Comments
4.
5. Mitigation Monitoring or Reporting Program
6. Findings of Fact & Statement of Overriding
Considerations
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.
1. Kick-Off Meeting
Steve Noack and Alexis Mena 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. 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.
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
2. Scope of Work 111•1!!! 3
4 ••llll 2. Scope of Work
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
• Issue
• 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, Alexis Mena, Associate, will
serve as the day-to-day contact for project management. Alexis 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 will prepare an Environmental Checklist, leading to a Mitigated Negative
Declaration (MND), or a Focused or Supplemental EIR Both the MND and EIR 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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
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.
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
a) Construction
Because the project would necessitate demolition of existing structures and 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).
For the purpose of this scope and cost estimate it is assumed that construction activities
would occur in two phases for construction of the hotel and construction of the mixed
use apartment/retail buildings. 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.
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.
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
2. Scope of Work 1111•1!!! 5
6 ••llll 2. Scope of Work
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 partic~late matter (PM 2.5 ) 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 PM 2.5 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. The existing 44,000 square foot commercial
building generates criteria air pollutant emissions from transportation sources (vehicles),
energy (natural gas), and area sources (landscape emissions, consumer products). The
Marina Plaza Project would generate an increase in criteria air pollutant emissions from
these sources. The net increase in air pollutant emissions will be developed based on the
proposed land uses on-site and modeled using a BAAQMD approved model (e.g.
CalEEMod). The majority of criteria air pollutant emissions generated by the project will
be from new vehicle trips traveling to and from the project site. We will coordinate
closely with the transportation consultant to obtain vehicle miles traveled, 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. 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.
d) 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 the major arterials proximate to the project site, refined
modeling will be required to determine if project-related sensitive receptors would be
exposed to significant concentrations of vehicle-generated PM 25 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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
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 PM 2.5 and TACs is significant, potential mitigation
measures may include 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.
ii. Greenhouse Gas Emissions
a) Greenhouse Gas Inventory
Project-related GHG emissions from transportation sources, area sources (landscaping
fuel, architectural coatings, and 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). The majority of GHG emissions generated by
the project will be from new vehicle trips traveling to and from the project site. We will
coordinate closely with the transportation consultant to obtain vehicle miles traveled,
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, as applicable, will be quantified. GHG emissions
generated by the project will be compared to BAAQMD's significance thresholds.
b) Consistency with Greenhouse Gas Reduction Plans
The GHG section in the CEQA document 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.
c. 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.
d. 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.
e. Geology and Soils
The Environmental Checklist will provide an overview of current geologic/soil conditions
at the project site and an evaluation of the potential for the proposed project to result in
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2. Scope of Work 111•!!<1 7
8 11&•!!11 2. Scope of Work
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 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.
f. 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.
g. 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 for the 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 qLality 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.
h. 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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY Of CUPERTINO
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.
i. Noise and Vibration
Place Works will prepare a noise and vibration analysis for construction and operational
activities associated with the proposed mixed-use project. The noise analysis will be
consistent with the noise standards and criteria of the City of Cupertino and State of
California.
i. Existing Noise Conditions
PlaceWorks will use our experience and knowledge of similar noise environments to
characterize the existing conditions for the project site, including traffic flows on De Anza
Boulevard and Stevens Creek Boulevard and 1-280. To fully document the existing
conditions, nearest sensitive receptors, and current noise levels at and around the
project site, PlaceWorks will conduct an ambient noise measurement survey, during
which noise level data will be acquired at one (1) long-term location for a period of 24
hours and at four short-term locations for 15-minute sample periods. Traffic flow
contributions to these field data will be assessed via calculations using input parameters
from the project's traffic study.
ii. Transportation Noise
Noise from vehicular traffic will be assessed using a version of the U.S. Federal Highway
Administration (FHWA) Traffic Noise Model; these contours will rely on traffic forecasts
provided in the traffic impact analyses for the project. These analyses will identify areas
along freeway and roadway segments that would be exposed to noise increases from the
project; relative to criteria included in the City's General Plan Noise Element. Railway and
aircraft noise would not be expected to have substantial impacts on the general
community, so these topics will be addressed for CEQA completeness on a qualitative
basis.
iii. Stationary Noise
Noise impacts from non-transportation sources at the site, such as heating, ventilation,
and air conditioning (HVAC) units, maintenance activities, and periodic truck movements,
are expected to be of secondary importance to the traffic impacts and will be discussed
qualitatively.
iv. Noise and Land Use Compatibility .
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.
Land use compatibility with respect to noise will be assessed based on future traffic noise
projections for local roads. Compatibility with state interior sound insulation standards
will be made assuming typical architectural attributes for multi-family facilities. We will
use, to the extent feasible, technical information that is made available from the project's
acoustical consultant (RGD Acoustics, Inc.). Mitigation measures will be developed to
reduce noise impacts to the proposed outdoor living areas and interior habitable rooms
to less than significant levels.
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
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2. Scope of Work 11111111 9
10 111•111! 2. Scope of Work
v. Construction Noise and Vibration
PlaceWorks will assess temporary noise and vibration impacts during site preparation and
project construction activities using industry-standard analysis techniques and using
scheduling, equipment mix, hauling, and truck trip information as provided by the
applicant. We will pay particular attention to the removal of construction and demolition
debris associated with the demolition of existing structures on-site and the export of soil
to accommodate a subterranean parking garage and. 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. PlaceWorks will also provide an
initial assessment of potential vibration impacts. Feasible mitigation measures will be
identified to minimize future construction-related noise and vibration impacts within the
study area.
j. 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.
k. Public Services and Recreation
The Public Services and Recreation section will discuss the project's consistency with the
General Plan and General Plan EIR.
I. Transportation and Traffic
PlaceWorks will incorporate the findings of the TIA, prepared by the selected
transportation consultant, under separate scope of work into the Environmental
Checklist.
m. Utilities at"1d 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
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.
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 a Focused or
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
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 (NOi) 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 qe
responsible for local noticing.
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 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/M ND, and
M MRP in Word and PDF Format to the City
• 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 ts 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.
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2. Scope of Work llil•lll 11
12 1111•111 2. Scope of Work
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/MN D, 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 0. 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 El R for the process.
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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
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:
• 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 develo:i 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
complete an impact analysis of each alternative for indusion 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 (ADEJR) 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 an;;ilyze potential impacts from
development of the proposed project. For each identified environmental impact, a set of
feasible mitigation measures will be recommended.
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
2.ScopeofWork lll•fill 13
14 111•111 2. Scope of Work
The ADEIR will cover the following topics:
• 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 act'1ons 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.
• CEOA 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. Th'1s 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.
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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
• 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 hearing~ 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.
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
Place Works 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 st~tement 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
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2. Scope of Work Ill•!!! 15
16 111•11 2. Scope of Work
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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
SCHEDULE, PROt)UCTS,
AND MEET1NGS
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 staff 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 can be completed and approved
within a 6-month period and the Focused EIR (or other derivative) can be 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.
MARINA PLAZA P~OJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
3. Schedule, Products, & Meetings lll•i!!! 17
SCHEDULE
Task A-Project Initiation and Manageme:it
Kick-Off IV'eeling
Task B.1-lnitlal Study/MND
Task C.2-Focused BR
A-oje~! Description
Review A'oject Description
Final A-oject Description
Draft Initial Study/1\111/D/NOVIVMRP
Review Initial Study/1\111/D/NOVlvMRP
Final Initial Study/1\111/D'NOVlvMRP
Draft IS/1\111/D Public Review
Draft ISll\IND Public Hearing
Draft Response to Conmen! IV'erro
Review Response to Comrent Merro
Final Response to Corrment M3rro
Final IS/1\111/D Public Hearings
File NOD
NOFl'IS Public Review
Oty/AaceWorks
FlaceWorks
City
Race Works
AaceWorks
Qty
AaceWorks
City/AaceWorks
AaceWorks
City
Race Works
City/AaceWorks
Qty
DBR Public Scoping IV'eeling Clty/AaceWorks
14
14
7
35
14
7
30
14
14
2
30
Adrrinistralive Draft BR AaceWorks. 30
Review Adrrinistralive Draft BR Qty 14
Screencheck Draft BR AaceWorks
Review Screencheck Draft BR Qty
Public Review Draft BR AaceWorks 7
DBR Public Review Feriod 45
Draft BR Public Hearing City/AaceWorks
Draft Response to Comrents/FBR FlaceWorks 21
Review Draft Response to Corrrrents/Final BR/lvMRP City 14
Screencheck Response to Corrments/Final 8R/lv"'1RP AaceWorks
Review Screencheck Response to Corrments/Final BR/lvMRP
Final BR/Mv1RP
Draft Findings/Statement of Overrindlng Considerations
Review Rndings/Statement of OVerrinding Considerations
Final Findings/Statement of Overrlnding Considerations
BR Public Hearings
Qty
Race Works
AaceWorks
City
AaceWorks
File NOD City
Nol1H1:
City
Place Works
Re\.1ew Periods
Meetlng51Hearings
18 llll•lli 3. Schedule, Products, & Meetings
7
7
14
14
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
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
Dedaration Option
• Revised Project Schedule
• Data Needs Memorandum
• 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 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 El Rs
• 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
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
3. Schedule, Products, & Meetings ll•'i 19
20 1111•11 3. Schedule, Products, & Meetings
MEETINGS
Phase 1: Environmental Checklist/Mitigated Negative
Declaration Option
• Steve Noack and Alexis Mena will attend one (1) kick-off meeting
• Steve Noack and Alexis Mena will participate in up to six (5) 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
• 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 Alexis Mena will attend one (1) kick-off meeting
• Steve Noack and Alexis Mena 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. Additional
meeting attendance is estimated at $800 per meeting.
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
C APTER 4:
'COST ESTUv\ATE
As shown in Table 2, the estimated cost to complete the scope of work described in the
Environmental Checklist/MND is $87,070.
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 $120,384.
PlaceWorks recommends planning for a 5 to 10 percent contingency fund to cover any
unfor?seen out-of-scope work that might be necessary for the project.
The billing rates for each team member are included in Tables. 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 December 2016. Billing rates
would be subject to an increase of up to 6 percent on January 1, 2017, and in each
subsequent year thereafter. A budget increase would be necessary to cover costs
incurred after January 1, 2017.
iii 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.
• The selected transportation consultant will analyze and provide the traffic-related
inputs for PlaceWorks' noise and air quality/greenhouse gas analysis
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
4. Cost Estimate illl•i!!! 21
TABLE 2 COST ESTIMATE
Hours per Task Principal
A. Project Initiation and Project Management
1. Kick-off Meeting
2. Bi-Weekly Status Meetings
3. Project Management
B. CEQA Environmental Review
1. Environmental Checklist
C. Mitigated Negative Declaration
1. Mitigation Monitoring or Reporting Program
2. Notice of Intent
3. Public Review and Response to Comments
4. Approval and Notice of Determination
Total Hours
Billing Rate
Labor Cost
Total Firm Labor Cost
EXPENSES
Deliveries
•
•
•
•
•
Office Expenses (Phone, Fax, Copies, etc. @ 2% of Labor)
Report Production (20 copies @ $30)
Mileage (300 miles@ $.S75/Mile
Noise Monitoring
Total Expenses
Total per Firm
Total
22 !11!•11 4. Cost Estimate
10
4
6
16
16
23.0
1
10
12
49
$210
$10,290
Associate
24 •
2
6
16
120 •
120
18.0 •
2
1
10.
• 5
• 162
$13S • $21,870 •
Place Works
Senior Senior Senior
Scientist Engineer Geologist
• • • --
6 • 20 • 16 •
6 20 16
2.0 • 2.0 • • 2.0
2 • 2 • 2 •
• •
8 • • 7
22 18
$180 $17S $160
$1,440. $3,8SO • $2,880 •
Project Project
Planner Scientist
12 • , -
12
160 • 59 •
160 59
26.0 • 2.0 •
8
2
12 • 2 •
• • 4
• • 198 61
$10S $135
$20,790 • $8,23S •
Graphics Clerical/
Scientist /WP Intern
• • 3 --
1
2
140 • 12 • 7 • • 140 12 7 • • -3.0 5.0
2 2
1 1 • 1 • • 1
• 140 lS lS
$8S $100 $70
$11,900 • $1,SOO • $1,0SO
• $83,805
261 • 1,676
600
173
SSS
• $3,26S
$87,070 • $87,070
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
TABLE 3 El R COST ESTIMATE
Hours per Task
A. Project Initiation and Project Management
1. Kick-off Meeting
2. Bi-Weekly Status Meetings
3. Project Management
B. CEQA Environmental Review
1. Environmental Checklist
D. Focused Environmental Impact Report
1. Notice of Preparation
2. Public Scoping Meeting
3. Draft Environmental Impact Report
4. Final Environmental Impact Report
5. Mitigation Monitoring or Reporting Program
6. Findings of Fact and Statement of Overriding Considerations
7. Notice of Determination
Total Hours
Billing Rate
Labor Cost
Total Firm Labor Cost
EXPENSES EIR
Deliveries
Office Expenses (Phone, Fax, Copies, etc. @ 2% of Labor)
Report Production (20 copies @ $50)
Cultural Resource Database Search
Total Expenses
Total per Firm
Total
MARINA PLAZA PROJECT ENVIRONMENTAL REVIEW
CITY OF CUPERTINO
Principal Associate
20 36
8 8
12 12
16
16 80
16 80
39 68
1 2
10
10 38
13 14
1
5 12
1
75 184
$200 $135
$15,000 $24,840
PlaceWorks
Senior Senior Senior
Scientist Engineer Geologist
-- -
16 28 37
16 28 37
3 3 2
1 1
2 2 2
19 31 39
$180 $170 $160
$3,420 $5,270 $6,240
Project Project Graphics Clerical/ Labor Cost
Planner Scientist Scientist /WP Intern Per Task
12 - --3 686
12 352
1 170
2 164
280 100 60 12 7 6,840
280 100 60 12 7 6,840
104 6 -3 10 30,900
8 1,310
12 3,260
40 4 2 5 12,650
20 2 2 7,960
4 1 1 725
16 1 4,370
4 1 625
396 106 60 15 20
$105 $105 $80 $100 $70
$41,580 $11,130 $4,800 $1,500 $1,400 $115,180
$115,180
200
2,304
2,000
700
$5,204
$120,384
$120,384
5. Cost Estimate lllllil 23
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: $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:
(4)
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
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.