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16-012 PlaceWorks, Prepare the Initial Study and Mitigated Negative Declaration for 10234 Scenic BoulevardFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PLACE WORKS FOR INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR SCENIC BOULEY ARD SUBDIVISON PROJECT This First Amendment to the Agreement between the City of Cupertino and Place Works, for reference dated September 9, 2016, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and PlaceWorks a California Corporation ("Consultant") whose address is 3 MacArthur Place, Suite 1100, Santa Ana, California 92707 , and is made with reference to the following: RECITALS: A. On January 5, 2016 , an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for the initial study and mitigated negative declaration for the Scenic Boulevard Subdivision project. B. City and Consultant desire to modify the Agreement on the terms and conditions set fotih herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. 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 FORTY THREE THOUSAND, SIX HUNDRED SEVENTY THREE dollars ($43 ,673 .00) based on the rates and terms set forth in Exhibit "C ," which is attached hereto and incorporated herein by this reference. 2. The following Exhibit is added to the original scope of work to amend staff time: a. Exhibit "A " 3. Except as expressly modified herein , all other terms and covenants set fotih in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF , the pa1iies hereto have caused this modification of Agreement to be executed. CONSULTANT B ~·::·~;!_fi\-----_ Title fr\vi vj v01 I Date '1 (1z../ 11o Place Works for Scenic Blvd , Amend #1, 9-9-16 CITY OF CUPERTINO A Municipal Corporation By:~~ Title':kr P/lY NGR.. · RECOMMENDED FOR APPROVAL: By:~~~ Titl ~ffe,r.~ 0Nz.f2r- APPROVED AS TO FORM: ~M ~ City Attorney ATTEST: EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT PO #2016-422, 100-71-7011 900-995 Original Contract: $3 5,188 .00 Amendment #1 $8,485.00 Total: $43,673.00 PlaceWorks for Scenic Blvd , Amend #1, 9-9-16 Exhibit A @) PLACEWORKS SERVICE AUTHORIZATION AMENDMENT NO. 1 PROJECT NO. COCU-09.0 DATE August 1, 2016 PROJECT NAME Scenic Boulevard Subdivision Project Initial Study and Mitigated Negative Decleration AGREEMENT BETWEEN: CLIENT City of Cupertino CONSULTANT Place Works STREET ADDRESS 10300 Torre Avenue STREET ADDRESS 3 MacArthur Place, Suite 1100 CITY STATE AND ZIP Cupertino, CA 95014 CITY STATE AND ZIP Santa Ana , CA 92707 CONTACT Erick Serrano CONTACT Steve Noack Hereinafter referred to as "Client." Hereinafter referred to as "Consultant." This Amendment No . 1 to an existing agreement for services is made and entered into effective as of the date of signature ("Effective Date"), by and between PlaceWorks (Consultant), a California Corporation, and the City of Cupertino (Client). RECITAL The Consultant desires to amend, modify and revi se t h at certain Agreement ("Existing Agreement") with the Client, entered into on January 25, 2016 to provide Services, as defined therein, and to now amend the Existing Agreement . Except as specifically amended by this document, all other terms and conditions of the Existing Agreement will remain in full force and effect, without modification . Now, therefore, in consideration of the above facts and of the covenants and agreement contained herein, the parties hereto agree that : The following is a summary of the overall contract budget as modified by this Contract Amendment: Previous contract amount: $35,188 .00 Amount of this amendment : $8,485 .00 (45 Project Planner hours, 16 Principal hours, and 7 graphics/ word processing hours) New total contract amount: $43 ,673 .00 Additional hours needed to account for additional work made necessary by r evisions to project plans and unforeseen environmental conditions requiring more detailed analysis . This amendment includes 24 hours of staff time to respond to comments received during the public review period, in accordance with the Exibit A of the Existing Agreement. If an unforeseen amount of time is required to address comments received on the IS/MND, a second contract amendment will be required . 3 MacArthur Place, Suite 1100 I Santa Ana, California 92707 I 714.966.9220 I PlaceWorks .com CONSULTANT: CONSULTANT STREET ADDRESS CITY STATE AND ZIP AUTHORIZED REPRESENTATIVE Place Works 3 MacArthur Place, Suite 1100 Santa Ana, CA 92707 Steve Noack PlaceWork's Authorized Representative CLIENT: CLIENT STREET ADDRESS CITY STATE AND ZIP AUTHORIZED REPRESENTATIVE City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Erick Serrano Client's Authorized Representative ... ' (@ PLACEWORKS I TITLE I Principal 8-11-16 Date I TITLE I Associate Planner Date Service Authorization I Page 2 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND PLACEWORKS TO PREPARE THE INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION FOR 10234 SCENIC BOULEVARD THIS AGREEMENT, is entered into this 5th day of January, 2016, by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and Place Works, a California Corporation whose address is 1625 Shattuck Avenue, Suite 300, Berkeley, California 94 709 (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 to prepare the initial study and mitigated negative declaration for 10234 Scenic Boulevard, upon the terms and conditions herein. NOW, THEREFORE, the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on January 5, 2016, 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 THIRTY . FIVE THOUSAND, ONE HUNDRED EIGHTY EIGHT dollars ($35,188.00) based on the rates and terms set forth in Exhibit "C," which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE Placeworks for Scenic Blvd, 1-5-16 Page 1 oflO 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 of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breac4 of this Agreement. 9. HOLD HARMLESS IZl 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 physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's PlaceWorks for Scenic Blvd, 1-5-16 choice, expert fees and all other Page2 oflO 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 of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. Failure to secure or maintain insurance. If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. Additional Insured. City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the Page3 oflO Placeworks for Scenic Blvd, 1-5-16 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. PROHIBITION AGAINST TRANSFERS Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Contro 1 means fifty percent ( 50%) or more of the voting power of the corporation. 13. SUBCONTRACTORAPPROVAL Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub- Page 4 oflO PlaceWorks for Scenic Blvd, 1-5-16 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. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as City deems appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. AH 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 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 Page 5 oflO PlaceWorks for Scenic Blvd, 1-5-16 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 Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. 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 Attention: Aarti Shrivastava, Assistant City Manager TO CONSULTANT: Place Works 1625 Shattuck Ave, Suite 300 Berkeley, CA 94 709 PlaceWorks for Scenic Blvd, 1-5-16 Page 6 oflO Attention: Steven 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 over this Agreement (or the successors of those authorities). Any suits brought pursuant to this Agreement shall be filed with the Superior Court of the County of Santa Clara, State of California. 23. ADVERTISEMENT Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. Page 7of10 Placeworks for Scenic Blvd, 1-5-16 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 By2':~ Title fa,INafAt- Date Y'24f t6 PlaceWorks for Scenic Blvd. 1-5-16 CITY OF~· PERTINO A Mun 'di)a Corporatio 11 n ./ . By: -·-z--/ pc_----. Title ~d,.JL.,1---=---'-"---"--l-;;z::::.,.- Date: / lf?-/( D Over$! l5,000-Council Approval Required D Over $45,000-Department Head Approval Required IXI Up to $45,000-Designated Supervisor Approval Required ~z=PROVAL ~ Erick Serrano, Assistant Planner Page 8 oflO Exhibits: (Check box for exhibits that apply to this contract and attach) IZI Exhibit "A" -Scope of Services and Schedule of Performance D Exhibit "B"-Schedule of Performance D Exhibit "C"-Compensation· IZI Exhibit "D"-Insurance Requirements and Proof oflnsurance D Exhibit "E" -Mandated 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-Cf.-'lt}- Original Contract: 100-71-701 900-995 $35,188.00 Total: $35,188.00 Exhibit A ~ PLACEWORKS Erick Serrano, Assistant Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Proposal to Prepare the 10234 Scenic Boulevard Subdivision IS/MND Dear Mr. Serrano: Please accept this submittal as PlaceWorks' proposal to prepare the 10234 Scenic Boulevard Subdivision Project ("Project") Initial Study/Mitigated Negative Declaration (IS/MND) for the City of Cupertino. Understanding of the Project The proposed project would subdivide two parcels (Assessor's Parcel Numbers 357-08-014 and 357- 08-047), totaling 1.06 acres, into four residential parcels and one common area parcel for joint ingress/egress and parking. The following scope of work assumes that the existing 1,500-square-foot single-family residential home, partial basement, and detached garage would be demolished and that the four residential parcels and one common area parcel would be developed according to the building standards and regulations contained in the Cupertino Municipal Code. Scope of Work This section describes the scope of work to be completed by PlaceWorks for the 10234 Scenic Boulevard Subdivision Project. We are flexible regarding the proposed scope of work and will work with you to prepare a more detailed scope when we enter into a contract. TASK A: PROJECT INITIATION TaskA.1 Kick-Off Meeting and Project Site Tour During this task, members of the PlaceWorks team will work with City staff to adjust this scope of work, if necessary. PlaceWorks staff will attend a kick-off meeting with the City and to review the scope of work, available information, schedule, and work products. We will also discuss: » Preliminary identification of key issues for the IS/MN D. » Protocols for clear communication between PlaceWorks and the Project Applicant. » The methodology to be used for the analysis. Discussion of this methodology will ensure the parameters for the analysis are clearly established at the outset of the process. 162.5 Shattuck Avenue, Suite 300 I Berkeley, California 94709 I 510.848.381.5 I PlaceWorks.corn (@PLACEWORKS Following the kick-off meeting, we will tour the project site with City staff to discuss key issues and document existing conditions. TASK B: PROJECT DESCRIPTION PlaceWorks will prepare a detailed project description incorporating graphics and textual information as appropriate. We will coordinate with the City and Project Applicant to gather the information needed to clearly define the Project. We will submit one (1) electronic copy of the Administrative Draft Project Description in Word and PDF formats for review and approval by City staff prior to beginning the environmental review for the project. Deliverable: • Draft Project Description TASK C: ENVIRONMENTAL REVIEW Task C.1. Initial Study Using the City-approved project description, PlaceWorks will prepare an Initial Study (IS} 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 the California Environmental Quality Act {CEQA). CEQA permits the exclusion of environmental issues if it can be ascertained with certainty that the project would have no significant negative impact. It is anticipated that the topic areas of agricultural/forestry resources and mineral resources would be summarily dismissed in the IS. In keeping with the requirements of the CEQA, the IS will include a detailed analysis to determine the environmental impacts of the following resources categories. a. Aesthetics PlaceWorks will use its familiarity with the city's visual resources to analyze potential aesthetic impacts associated with the project. The analysis will pay careful attention to any potential visual impacts created by future residential development at the Project site. b. Air Quality and Community Risk PlaceWorks will conduct a Criteria Air Pollutant Emissions, Greenhouse Gas {GHG) Emissions, and Community Risk and Hazards analysis to evaluate proposed air quality and GHG impacts of the proposed Project. The analyses will be prepared in accordance with the Bay Area Air Quality Management District's (BAAQMD) CEQA Air Quality Guidelines.1 The approach outlined below is based on BAAQMD's Guidelines and screening tables for project-level analyses. 1 While adoption of the thresholds was set aside until an environmental evaluation is conducted pursuant to a recent court rul'lng, the BAAQMD's sign'if1cance criteria, as outlined in their CEQA Guidelines, are supported by extensive studies and analysis. ~ PLACEWORKS a) Construction The proposed project involves subdividing 1.06 acres into four single-family residential parcels and one common area parcel. BAAQMD has identified screening sizes for projects that generate a de minimis level of criteria air pollutant emissions and less than significant criteria air pollutant emissions impacts. Based on the proposed number of units, the Project would be less than the screening threshold (114 dwelling units). A qualitative analysis of construction emissions will be conducted in the IS. b) Operation BAAQMD has also identified screening criteria for project operation. Based on the proposed number of units, the Project would not exceed the BAAQMD screening criteria for criteria air pollutants (325 dwelling units). Criteria air pollutant impacts from operation of the project will be described qualitatively based on the screening-level sizes in the IS/MND. c) Air Quality Management Plan Consistency, Carbon Monoxide Hotspots, and Odors The San Francisco Bay Area Air Basin is in nonattainment for particulate matter and for ozone. Consistency with BAAQMD's air quality management plan to attain the federal and State ambient air quality standards will also be discussed in the IS/MND. The Project would not generate enough traffic to warrant a detailed carbon monoxide hotspot analysis or generate substantial odors; therefore, a detailed analysis compared to BAAQMD's carbon monoxide thresholds and odor impacts is not necessary and impacts would be handled qualitatively. » Off-Site Construction Health Risk: PlaceWorks will prepare a Construction-Related Health Risk Assessment (HRA) to support the Air Quality analysis. BAAQMD has identified screening sizes for projects that generate a de minimis level of toxic air contaminants and fine particulate matter (PM 2 .5 ) emissions. The community risk and hazards impacts are highly sensitive to proximity of the nearest off-site sensitive receptor. The nearest off-site sensitive receptors to the proposed Project are the adjacent single-family residences to the east and to the west, along Scenic Boulevard. These off-site sensitive receptors are within 9 meters {30 feet) of construction activities. According to the BAAQMD screening tables, the residences are much closer than the minimum offset distance of 95 meters (311 feet) that would screen out potential health risks. 2 Therefore, a full analysis of the Project's off-site community health risk (toxic air contaminants and PM 25 ) would be warranted. 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 and particulate matter impacts will be evaluated based on the specific construction-related characteristics (e.g. construction duration, equipment use, construction phasing) provided by the Project Applicant. Daily construction emissions will be estimated using a BAAQMD-approved model (e.g. CalEEMod). The risk assessment will incorporate the emissions inventory for construction emissions in order to evaluate the concentration of toxic air contaminants and PM 2 .s generated at the nearest off-site sensitive receptor. Dispersion modeling will be performed using a BAAQMD-accepted computer-based model (e.g. ISCST3) to determine flag-pole level concentrations of hazardous air pollutants at the project site. Cancer and toxicity 2 BAAQMD, 2010. Screening Tables for Air Toxics Evaluation During Construction. Version 1.0. Dated May 2010. ~ PLACEWORKS data published by Cal-EPA will be used to estimate long-term and short-term (acute) health risks for off-site sensitive receptors. Measures to reduce health risk from short-term construction activities will be considered for inclusion in the project as project design features and/or mitigation measures. Results of the technical analysis will be compiled in a Construction HRA Technical Report. Modeling will be included as an appendix to the IS/MND and integrated within the Air Quality section. » On-Site Operational Health Risk. Exposure to elevated concentrations of vehicle-generated PM 2.s and toxic air contaminants (TAC) at sensitive land uses has been identified by the California Air Resources Board (CARB), the California Air Pollution Control Officer's Association, and BAAQMD as a potential air quality hazard. Based upon our review of BAAQMD's screening tools pertaining to permitted facilities and highways, there is one high volume roadway (i.e., surface streets with annual average daily traffic volumes exceeding 10,000 vehicles per day) within 1,000 feet of the site that require further evaluation (Stevens Creek Boulevard). Additionally, there are no stationary sources or highways within 1,000 feet of the site. Therefore, PlaceWorks will evaluate the community risk and hazards associated with placement of the residential units proximate to vehicle-related emissions along Stevens Creek Boulevard. A screening-level 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. Results of the technical analysis will be compiled and integrated within the Air Quality section. The screening analysis will be included as an appendix to the IS/MND. c. Greenhouse Gas Emissions a) Consistency with GHG Reduction Plans The GHG analysis will include a consistency evaluation with applicable goals and policies of CARB's Scoping Plan and the Metropolitan Transportation Commission's (MTC)/Association of Bay Area Governments' (ABAG) Plan Bay Area. In addition, the City of Cupertino has recently adopted a Climate Action Plan (CAP). The IS/MND will include a consistency evaluation of the Project with the GHG reduction measures in the CAP. b) GHG Emissions BAAQMD has also identified screening criteria for GHG emissions. Based on a proposed number of units, the Project would not exceed the BAAQMD screening criteria for criteria air pollutants (56 dwelling units). GHG impacts from operation of the Project will be described qualitatively based on the screening-level sizes. d. Biological Resources Given the Project site already contains an existing structure and the surrounding area is urbanized, 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. ~ PLACEWORKS e. Cultural Resources PlaceWorks will complete a search of the archaeological base maps, records, and reports on file at the Northwest Information Center at Sonoma State University and evaluate the potential for disturbance of unknown buried paleontological and archaeological resources, including human remains. f Geology, Soils, and Seismicity Using the City-approved geotechnical report prepared for the Project site by the Applicant, PlaceWorks will assess and evaluate the potential for the proposed Project to result in significant direct and indirect environmental impacts related to geology, soils, and seismicity. The analysis will provide an overview of current geologic/soil conditions at the 1.06-acre project site and an evaluation of the potential for the proposed Project to result in significant direct and/or indirect environmental impacts related to geology and soils. The regulatory framework will be evaluated and described; existing conditions will be researched and clearly articulated; relevant standards of significance will be established; potential impacts will be identified and evaluated; and where appropriate, mitigation measures may need to be developed. A variety of information and data sources will be used to inform this evaluation. In addition to the City-approved geotechnical report, Phase I Environmental Site Assessment (dated July 2015), and EDR Report (dated July 14, 2015) provided by the Project Applicant, other sources may include geologic maps, investigations, and studies published by the CA Geologic Survey and U.S. Geological Survey; and seismic and geologic hazard maps and studies prepared by the CA Geologic Survey, the CA 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. OPTIONAL TASK: In this optional task, Alan Kropp & Associates will conduct a peer review of the geotechnical report and provide a memorandum identifying areas where additional information may be needed and, if necessary, identify mitigation measures. Based on the need and/or request for this optional task, a scope of work and cost would be prepared at that time. g. Hazards and Hazardous Materials PlaceWorks will evaluate hazards and hazardous materials related to the subdivision of the Project site into four parcels for residential development and a fifth common area parcel for access. PlaceWorks will provide an overview of existing conditions at the project site and an evaluation of the potential for the proposed project to result in significant direct and indirect environmental impacts related to hazardous materials, hazardous waste disposal, airport safety, emergency preparedness, and wild land fire. Depending on the likelihood and significance of these impacts, appropriate mitigation measures, may need to be developed. A variety of information and data sources will be used to perform this evaluation, including review of an existing Phase I Environmental Site Assessment {ESA) and search of State and federal databases for the site and nearby properties that use, ·store, or transport hazardous materials. h. Hydrology and Water Quality PlaceWorks will identify and evaluate issues relating to surface and groundwater hydrology, site drainage, stormwater pollution prevention during construction and operation, and best management practices (BMPs). The sections will be prepared in accordance with the City of Cupertino's Stormwater ~ PLACEWORKS Pollution Prevention and Watershed Protection regulations, as specified in Municipal Code Chapter 9.18, and the provisions of the Santa Clara Valley Urban Runoff Pollution Prevention Program (SCVURPPP). Since the Project would create more than 5,000 square feet of impervious surface, it would be ciassified as a 11 C3 Regulated Project" and would require stormwater treatment measures. Other federal, State, local, and regional programs and regulations that are applicable to the Project will also be in~luded. We will also indude a discussion of the potential water impacts attributable to the proposed Project, based on applicable significance criteria. It is assumed that the City or Project Applicant will provide a conceptual grading plan and/or drainage plan that shows the location of stormwater treatment features and low impact development (LID) measures. Any hydrology studies will be documented and incorporated into this section of the IS. The section will be prepared under the direction of a Registered Engineer in the State of California. i. Land Use and Planning PlateWorks will review the Project's compliance with the public policy documents that address the site, including the General Plan and Zoning Ordinance. Existing and planned land uses around the Project site will be documented, and the Project will be evaluated for compatibility with surrounding land uses. j. Noise PlaceWorks will prepare a noise and vibration analysis for the Project. Due to its location and the size of development, long-term operational impacts and land use compatibility will be discussed qualitatively. The focus of this analysis will be to assess temporary noise and vibration impacts during Project construction using industry-standard analysis techniques and using scheduling, equipment mix, hauling, and truck trip information, as provided by the Project Applicant. Mitigation measures will be recommended, as necessary, to reduce potential noise and vibration impacts to less than significant levels and to comply with the City of Cupertino. Municipal Code Standards in Section 10.48.053. The findings of the noise and vibration analyses and impact assessment will be provided in the IS/MND, and pertinent calculations and technical information will be provided as an appendix to the IS/MND. k. Population and Housing The Population and Housing section will discuss the Project's consistency with the General Plan and General Plan EIR. I. Public Services and Recreation The Public Services and Recreation section will discuss the Project's consistency with the General Plan and General Plan EIR. m. Traffic and Transportation PlaceWorks will prepare a qualitative analysis of traffic and transportation, including an estimation of new vehicular trips during the peak hours and daily. The analysis will also include a review of site access for adequacy including sight distance and safety and, if necessary, recommendations to minimize potential impacts. The section will be prepared under the direction of a Professional Transportation Planner in the State of California. ~ PLACEWORKS n. Utilities and Infrastructure 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 and assistance with impact assessments and the mitigation recommendations. Task C.2. Mitigated Negative Declaration If it is determined that potential impacts from construction or operation of the Project can be avoided through changes to the Project, or mitigated to less-than-significant levels in accordance with CEQA Guidelines Section 15070, a Mitigated Negative Declaration (MND) will be prepared. In the event that the Initial Study determines the Project would result in one or more significant impacts that cannot be mitigated to a less-than-significant level, an EIR would be required under CEQA. PlaceWorks would be available to prepare an EIR, if required, subject to a contract modification providing scope and budget for this additional service. If an EIR is required, PlaceWorks will leverage the comprehensive Initial Study to "scope out" impact areas where no significant impact would result so as to focus the EIR on key issues. Task C.3. Mitigation Monitoring or Reporting Program Concurrent with the preparation of the Draft IS/MND, w'e will prepare a Mitigation Monitoring or Reporting Program (MMRP) for the mitigation measures included in the IS/MND pursuant to the City's policies and procedures. The MMRP, shown in tabular form, will identify responsibility for implementing and monitoring each mitigation measure, along with monitoring triggers and reporting frequencies. Task C.4. 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 be responsible for local noticing. The IS/MND, MMRP, and NOi will be submitted to the City of Cupertino for review, as follows: Deliverables: » IS/MND • Administrative Draft 15/MND. PlaceWorks will submit one electronic copy and up to 10 hard copies of the first draft to the City for review. The City will provide PlaceWorks with a single consolidated set of comments on the report. This assumes that PlaceWorks will respond to one round of comments on the Administrative Draft received from the City. • 5creencheck Draft 15/MND. PlaceWorks will submit a revised, second draft to City staff as an electronic "screencheck." PlaceWorks assumes that a minimal level of effort, not exceeding four hours, would be required to respond to any comment from the City on the Screencheck Draft IS/MND. ~ PLACEWORKS • 15/MND. PlaceWorks will provide the City with one electronic copy and up to 20 hard copies. Consistent with State of California Office of Planning and Research CEQA document submission requirements and recommendations, PlaceWorks will prepare a Notice of Completion {NOC) and produce 15 copies of the IS/MND. PlaceWorks will simultaneously complete and submit the Notice of Intent to Adopt {NOi) form to the State Clearinghouse. » MMRP • Administrative Draft MMRP. PlaceWorks will submit this first draft to the City for review in paper and electronic formats. The City will provide PlaceWorks with a consolidated set of comments on the MMRP. This assumes one round of review and comments by the City . • Screencheck Draft MMRP. PlaceWorks will submit a revised, second draft of the MMRP to City staff as an electronic "screencheck" prior to printing. This assumes one round of review and comments by the City. • MMRP. Place Works will submit a final MMRP to the City in electronic format. TASK D: PUBLIC REVIEW AND RESPONSE TO COMMENTS A 30-day public review period will be required under CEQA. During this period, PlaceWorks will attend one hearing to present the conclusions of the IS/MND and receive comments on it. Following the close of the public review period, PlaceWorks will respond to substantive comments received on the 15/MND in a memorandum form. This scope of work includes 16 hours of staff time to respond to comments in an Administrative Draft Response to Comments Memorandum. If an unforeseen amount of time is required to address comments received on the IS/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. The memorandum will be submitted electronically. Deliverab/e(s): • Administrative Draft Response to Comments Memorandum • Final Response to Comments Memorandum TASK E: ADOPTION Steve Noack, PlaceWorks Principal-in-Charge, will attend one Planning Commission and one City Council hearing on the approval and adoption of the Project and IS/MND. Within five days of approval of the Environmental Checklist/MND, Place Works 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. Deliverable(s): • Notice of Determination (NOD) • Final IS/MND ~ PLACEWORKS Proposed Schedule As shown in Table 1, we anticipate that we can prepare the IS/MND within six months. This estimate is based on our experience with similar projects, and our experience managing CEQA projects in Cupertino. We will work with City staff to prepare a detailed schedule when we enter into a contract. Cost Estimate As shown in Table 2, the cost to complete this work is $35,188. This cost does not include optional tasks. Acknowledgement This proposal shall remain valid for a period of 90 days from the time of submittal. The attached Service Authorization, which includes our General Terms of Consulting Agreement, is a part of this proposal. If the contents of this Proposal and Agreement are satisfactory, please indicate your approval by signing the Service Authorization and sending it to our Corporate office. As Principal, I am authorized to bind PlaceWorks and the project team to the contents of this proposal. We look forward to working with you to bring about the successful completion of this project. If you have any questions regarding the contents of this proposal, please feel free to contact me. Respectfully submitted, PlaceWorks QJ,., --/!J J / qJfl{7' j If UN/ Steve Noack, AICP Principal Table 1 Proposed Schedule Task A -Project Initiation and Management Kick-Off Meeting City/PlaceWorks Task B -Project Description Draft Project Description Review Project Description Final Project Description Task C -Environmental Review Draft Initial Study Review Initial Study Screencheck Draft Initial Study Reivew Screencheck Initial Study Final Initial Study Task D -Public Review and Response to Comments Task E -Adoption Notes: City of Cupertino Place Works Public Review Period Meetlngs/l-learings Production and Delivery 20-day Public Review Draft Response to Comments/MMRP Review Draft Response to Comments/MMRP Final Response to Comments/MMRP MND Public Hearing File NOD Place Works City PlaceWorks Place Works City Place Works City PlaceWorks Place Works City Place Works City PlaceWorks City City 5 5 5 10 5 5 5 5 5 20 5 5 5 2 1 Month I ~~11111111111111111 I ,~, ~ ~J %1 ,. ~ IJ "' ~1111 Ill~ TABLE2 COST ESTIMATE Hours per Task A. Kick-Off Meeting and Project Site Tour 1. Kick-Off Meeting and Project Site Tour B. Project Description C. Environmental Review 1. Initial Study 2. Mitigated Negative Declaration 3. Mitigation Monitoring or Reporting Program 4. Notice of Intent D. Public Review and Response to Comments E. Adoption Total Hours Billing Rate Labor Cost Total Firm Labor Cost EXPENSES Mileage (@ $0.565 per mile) Printing Office Expenses (Phone, Fax, Copies, etc. @ 23 of Labor) Data Purchase I Modeling Total Expenses TOTAL Senior Principal Associate 0 4 4 1 16 0 21 $200 $4,200 8 8 2 12 9 0.5 3 4 29 $175 $5,075 Senior Engineer 20 20 20 $170 $3,400 (@PLACEWORKS Place Works Senior Associate Planner Project Engineer Noise/Trans Associate Planner 29 29 29 $135 $3,915 24 24 24 $145 $3,480 8 8 3 18 15 4 4 37 $135 $4,995 6 30 24 2 2 2 8 2 46 $105 $4,830 Graphics/ Planner WP 2 29 29 0 0 0 0 3 1 29 6 $85 $80 $2,465 $480 $32,840 216 975 657 500 $2,348 $35,188 Labor Cost per Task 2,480 2,480 1,5_45 21,740 20,180 433 520 520 2,345 4,730 $32,840 @Rft.No-l'OTAL: $3s,122 J Exhibit D Insurance Requirements and Proof oflnsurance 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.