17-049 Placeworks, Prepare an Environmental Impact Report for the Forum at Rancho San Antonio Master PlanAGREEMENT BETWEEN THE CITY OF CUPERTINO AND
PLACEWORKS TO PREPARE AN ENVIRONMENTAL IMPACT REPORT
FOR THE FORUM AT RANCHO SAN ANTONIO MASTER PLAN
THIS AGREEMENT, is entered into this twenty-eighth day of February, 2017, 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, CA 94709 (hereinafter refe1Ted to as "Consultant") (collectively refe1red 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
Cupe1iino Municipal Code.
B . Consultant is specially trained, experienced and competent to perfo1m 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 te1ms and
conditions described herein.
D. City and Consultant desire to enter into an agreement for the Fornm at
Rancho San Antonio Master Plan CEQA Initial Study upon the terms and conditions
herein.
NOW, THEREFORE, the Pmties mutually agree as follows:
1. TERM
The tenn of this Agreement shall commence on February 28 , 2017 , and shall
terminate on December 31, 2017, unless te1minated earlier as set fo1th herein.
2. SERVICES TO BE PERFORMED
Consultant shall perfo1m each and every service set f01th in Exhibit "A" pursuant
to the schedule of perf01mance set f01th in Exhibit "B ," attached hereto and incorporated
herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services perfo1med pursuant to this Agreement
in a total amount not to exceed One Hundred Thirty-Three Thousand Four Hundred dollars
($133,400.00) based on the rates and terms set fo1th in Exhibit "C," which is attached hereto
and incorporated herein by this reference.
In order to request payment, Consultant shall submit monthly electronic invoices
to CDDinvo ices @cupe1iino.org describing the services performed and the applicable
charges (including a summary of work perfo1med during that period, personnel who
perfo1med the services, hours worked, task(s) for which work was perfo1med).
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Consultant contract -updated 2/2 0 15
4. TIME IS OF THE ESSENCE
Consultant and City agree that time is of the essence regarding the perf01mance of
this Agreement.
5. STANDARD OF CARE
Consultant agrees to perfo1m all services required by this Agreement in a manner
commensurate with the prevailing standards oflike professionals in the San Francisco Bay
Area and agrees that all services shall be perfo1med 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 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 te1ms of this Agreement. No civil service status or other
right of employment will be acquired by vi1tue 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 no1mally associated with an
employer-employee relationship from any fees due Consultant. Payments of the above
items, if required, are the responsibility of Consultant.
7 . IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees perfo1ming work hereunder,
pursuant to all applicable IR.CA 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, reli gious 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
IZI Standard Indemnification:
Consultant shall , to the fullest extent allowed by law and without limitation of the
prov isions of this Agreement related to insurance, with respect to all serv ices perfonned in
connection with the Agreement, indemnify, d e fend, and hold harmless the City and its
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Consultant contract -uodated 2/2015
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, pe1iaining to, or
related to the negligent performance of this Agreement by Consultant or Consultant's
employees, officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' fees of counsel of City's choice, expe1i 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 ce1iificate be canceled or coverage
reduced before the expiration date thereof, the insurer affording coverage shall provide
thi1iy (30) days' advance written notice to the City of Cupe1iino by ce1iified mail, Attention:
City Manager." Consultant shall maintain in force at all times during the perf01mance 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 ce1iificates.
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
msurance.
C. Failure to secure or maintain insurance. If Consultant at any time during the
te1m hereof should fail to secure or maintain the foregoing insurance, City shall be
pe1mitted 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 pennitted 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 comn1issions,
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 po1iion of any loss, or expense of any nature on this policy or any extension
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Consultant contract -updated 2/2015
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 dete1mine adequate coverage for Consultant.
F. Maximum Coverage and Limits. It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the specified
minimum Insurance coverage requirements and/or limits shall be avai lable to the additional
insured City. Fmthe1more, 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 waiTants 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
perfmmance 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 ce1tain 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, tlust
company or other financial institution without prior w1itten 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 paitner or joint
venturer or syndicate member or cotenant, if Consultant is a paitnership or joint venture or
syndicate or cotenancy, which shall result in changing the control of Consultant, shall be
constrned as an assignment of this Agreement. Control means fifty percent (50%) or more
of the voting power of the corporation .
13. SUBCONTRACTOR APPROVAL
Unless p1ior 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 perfo1mance 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
caITy general, automobile and professional liability insurance in reasonable confom1ity to
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Consultant contract-updated 2/2015
the insurance caITied by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work.
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement.
Subcontractor further agrees to include these same provisions with any sub-subcontractor.
A copy of the Owner Contract Document Indemnity and Insurance provisions will be
furnished to the subcontractor upon request. Consultant shall require all subcontractors to
provide a valid ce1iificate of insurance and the required endorsements included in the
agreement p1ior 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 te1m of
this Agreement, all appropriate permits, ce1iificates and licenses including, but not limited
to, a City Business License, that may be required in connection with the perfmmance of
services hereunder. Consultant may apply for a Cupe1iino Business License online. If the
Consultant's sole business contact within Cupertino is the sale of goods or services to the
City itself, the Consultant may apply for an ex emption from the business license tax.
15. MINIMUMWAGE
Given that the Consultant is subject to the City's business license requirements,
the Consultant is also subject to the Cupe1iino Minimum Wage Ordinance (16-2151).
16. REPORTS
A. Each and every repo1i, draft, work product, map, record and other
document, hereinafter collectively referred to as "Repmi", reproduced, prepared or caused
to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the
exclusive prope1iy of City. Consultant shall not copyiight any Report required by this
Agreement and shall execute appropriate documents to assign to City the copyi·ight to
Repmis created pursuant to this Agreement. Any Repo1i, info1mation and data acquired
or required by this Agreement shall become the prope1iy of City, and all publication 1ights
are reserved to City. Consultant may retain a copy of any repmi furnished to the City
pursuant to this Agreement.
B . All Repmis 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 fmm as City may require, furnish
repo1is concerning the status of services required under this Agreement.
D. All Repo11s required to be provided by this Agreement shall be printed on
recycled paper. All Repo11s shall be copied on both sides of the paper except for one
original , which shall be single sided.
E. No Repo1i, info1mation or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
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Consultant contract-updated 2/2015
organization by Consultant without prior approval by City.
17. RECORDS
Consultant shall maintain complete and accurate records with respect to sales, costs,
expenses, receipts and other such info1mation 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 suppo11ing documents, shall be kept separate from other documents and records and
shall be maintained for a pe1iod 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.
18. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code
and Agreement will te1minate without any penalty (a) at the end of any fiscal year in the
event that funds are not approp1iated for the following fiscal year, or (b) at any time within
a fiscal year in the event that funds are only appropriated for a pmtion 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, te1m, condition, or provision of this
Agreement.
19. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and recycled/remanufactured
toner and inkjet caii1idges;
• 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
Indust1ial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
20. NOTICES
All notices , demands , requests or approvals to be given under this Agreement shall
be given in w1iting and conclusively shall be deemed served when delivered personally or
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Consul ta nt contract -upda ted 2/2015
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 Cupe1tino
10300 Tone Ave.
Cupertino CA 95014
Attention: Catarina Kidd
TO CONSULT ANT:
Steve Noack
Place Works
1625 Shattuck A venue, Suite 300
Berkeley, CA 94 709
21. TERMINATION
In the event Consultant fails or refuses to perf01m any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the perfonnance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set f01th in City's written notice of default, and
in addition to any other remedy available to the City by law, the City Manager may
te1minate 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 te1minating this Agreement by giving seven (7) calendar days' prior
written notice to Consultant as provided herein. Upon receipt of any notice of te1mination,
Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily perfo1med up to the effective
date of termination. If the tem1ination 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 te1mination, Consultant shall
immediately deliver to the City any and all copies of studies, sketches, drawings,
computations , and other mate1ial or products , whether or not completed, prepared by
Consultant or given to Consultant, in connection with this Agreement. Such materials shall
become the prope1ty of City.
22. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rnles,
policies and regulations enacted or issued by City.
23. CONFLICTOFLAW
This Agreement shall be interpreted under, and enforced by the laws of the State of
California excepting any choice of law rnles which may direct the application of laws of
another jurisdiction. The Agreement and obligations of the patties are subject to all valid
laws , orders, rnles , and regulations of the authorities having jurisdiction over this
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Consu l tant contract -updated 2/2015
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.
24. 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
pe1taining to the services pe1f01med under this Agreement unless prior written approval
has been secured from City to do otherwise.
25. WAIVER
A waiver by City of any breach of any te1m, covenant, or condition contained herein
shall not be deemed to be a waiver of any subsequent breach of the same or any other te1m,
covenant, or condition contained herein, whether of the same or a different character.
26. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, and all prelimina1y 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.
27 . 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.
28 . INSERTED PROVISIONS
Each provision and clause required by law to be inse1ted 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 corTectly inserted, the Agreement shall be amended to make such inse1tion
on application by either party.
29. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a pait 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.
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Consultant contract -updated 2/2015
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Place Works
APPROVED AS TO FORM:
tyv1
City Attorney
ATT~rJr
City Clerk o/ _ })p -,-1
Exhibits: (Check box for exhibits that apply to thi s contract and attach)
cg) Exhibit "A" -Scope of Services
cg) Exhibit "B"-Schedule of Performance
cg) Exhibit "C " -Compensation
MUNICIPAL CORPORATION :~yofi ~~~
Title /~ ~/Yb~
Date ~-?,
D Over $175,000-CounciAp prcwal Required
181 Over $45,000-Department Head Approval Required
D Up to $45,000-Designated Supervisor Approval Required
RECOMMENDED FOR APPROVAL
~
Catarina Kidd, Senior Planner
cg) Exhibit "D" -Insurance Requirements and Proof of Insurance
EXPENDITURE DISTRIBUTION
PO #2017-Lf+S Account: 100-71-701900-995
Amount: $133,400.00
Total: $133,400.00
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Consultant contract-u p dated 2/2015
Exhibit A
Febr uary 2, 2017
Catarina Kidd
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
~ PLACEWORKS
Subject: Scope of Work to Prepare an EIR for The Forum at Rancho San Antonio Master Plan
Dear Catarina :
Please accept our scope of work to prepare an En v ironmental Impact Report {EIR) for the Forum at
Rancho San Antonio Master Plan, herein referred to as "proposed project."
Understanding of the Project
The City has received a development permit application from The Forum at Rancho San Antonio
(Forum or Applicant). The 54-acre site is located between the Rancho San Antonio Open Space
Preserve and Interstate 280 at 23500 Cristo Rey Drive . The existing Forum inc lude s 656,590 square
feet of gross building area with 319 Independent Li v ing units located in five buildings; a healthcare
building with 40 rooms for Assisted Li v ing support, 18 rooms for Memory Care, and a 48-bed Skilled
Nursing Facilit y. The Forum also includes associated common areas and buildings. The proposed
project consists of adoption and implementation of the Fo rum at Rancho San Antonio Master Plan
(Master Plan), including improl(ements to the existing sk il led nursing fac ility and assisted li v ing
building, expansion of the current Rehabilitation Space and Commons Building, and construction of a
new Memory Care building.
As a result of the proposed project, and pursuant to California En vironmental Quality Act {CEQA)
Guidelines Section 15161, the City has determined that a project-level EIR is required. The EIR wi ll
address the environmental impacts related to the propose d improvem e nts and new development
associated with adoption/approval of proposed project. A summa ry of the work program is presented
in Table 1. Details about personnel assigned to these ta sks, the number of hours per person per ta sk,
bi lling rate s, and a breakdown of costs are included in Table 2 under Cost Estimates .
Work Scope
Task A. Project Initiation and Project Management
This task is struct ured to build a framework for coordination among team members. Close
communication and efficient information shar ing will facilitate preparation of a thorough, legally
defensible environmental review document on an optimized timeline.
1625 Shattuck /.\venue, Suite 300 I Berkeley, California 94 709 I 510.848.3815 I Place Works.corn
~ PLACEWORKS
TABLE 1 WORK PROGRAM SUMMARY
Task A: Project Initiation & Project Management
1. Kick-Off Meeting & Site Visit 3. Project Management
2. Status Meetings
Task B: Initial Study and Notice of Preparation
,;.,.,.,. .~ .... ;.>~ •• ,-. .....
· 1. Initial Study 3. Public Scop ing Meeting
2. Notice of Preparation
Task C: Environmental Review
1. Project Description 3. Alternative s Evaluation
2. En viro~ITl_e ntal A nal ysis
Task D: Draft EIR
1. Administrative Dra ft EIR 3. Pu b lic Meeti ngs on Dr aft EI R
2. Sc r eenchec k and Public Draft EIR
Task E: Final EIR and Mitigation Monitoring or Reporting Program
1. Admi nistrati ve Draft Final EIR 3. Public M eetings on Final EIR
2. Sc r een chec k and Public Fi nal EIR & M M RP
Task F: Findings of Fact and Statement of Overriding Considerations
Task G: Notice of Determination
1. Kick -Off Meeting and Site Visit
Steve Noack and/or Terri McCracken of PlaceWorks will attend a kick-off meeting with City staff to
discuss expectations and concerns , and to review key issues, information needs, work products , and
delivery schedule. The data to be used for environmental impact analysis will also be reviewed at this
meeting to ensure it is fully aligned with that used on other recent and ongoing projects in the vicinity
of the project . An appointed time for subsequent status meetings will be established at the kick-off
meeting per Task A.2 described below.
After the kick-off meeting, Place Works staff will visit and photograph the project site, paying particular
attention to features and issues identified at the kick-off meeting.
Deliverables:
• One (1) electronic copy of the Re v ised Project Schedule in PDF format to City
• One (1) electronic copy of the Data Needs Mem orandum in PDF format to City
2. Status Meetings
We propose that a status meeting be held at a regular time interval 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 resol v ed 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 resol ve any
obstacl es to progress. Discussions will also focus on concepts for the alternatives to be evaluated in
the EIR.
Fe br uary 2, 20 17 I Page 2
~ PLACEWORKS
PlaceWorks staff will prep are and maintain a Project Schedule and an Action Item List that will serve
as the basis for the status meetings. The Action Item List will identify:
• Subject
• Issue
• Action Required
• Responsible Party
• Due Date
• Status
The 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 regular conference calls, Terri McCracken, Senior Associate, will serve
as the day-to-day contact for project management and will be supported by Ashley James, Project
Planner. Terri will be respon si b le for overseeing the budget, schedule and overa ll team coordinat ion
throughout the preparation of the environmenta l re view document.
Task B. Initial Study and Notice of Preparation
1. Initia l Study
PlaceWorks will prepare a robust Initial Study to be circulated with the Notice of Preparation (NOP)
discussed in Task B.2 below. The Initial Study w ill be prepared using the thresholds contained in
Appendix F, Energy Conservation, and Appendix G, Environmental Checklist, of the CEQA Guidelines
(as amended per Assembly Bill 52 [Tribal Cultural Resources]) to address environmental impacts
related to the proposed improvements and new development associated with adoption/approval of
the proposed project . The Initial Study will include a concise project descr iption and environmen ta l
setting, and wil l only briefly address those issue areas that would not be impacted by the proposed
project or where it can be demonstrated that regulatory standard s and sta ndard conditions of
approval will address the checklist significance criteria. For these issue areas whe re it can be seen with
certainty that the proposed project would have no significant negative impact, no further discussion
will be inc luded in the EIR (see Ta sk C.2). For example, based on the proje ct location and previously
developed nature of the site, no significan t impacts are anticipated with respect to
ag ricultural/fore stry and minera l resource s, and some questions related to airport noise, use of septic
tanks, etc. For any environmental issues found not to require additional analysis, source references
wil l be provided . Thi s approach will allow the EIR to focus on CEQA resource categories where
substant ia l evidence of a potentially signific ant environmental impact exists. PlaceWorks wil l submit
the Initial Study, along with appended information to the City for review.
Deliverables:
• One (1) electronic copy of the Admi ni stra ti ve Draft and Final In it ia l Study in Word and PDF format to the
City
Fe bruary 2, 2017 I Pa ge 3
~ PLACEWORKS
• One (1) electronic copy of the completed appendices (if necessary) in PDF format to the City
2. Notice of Preparation
PlaceWorks will draft a NOP of an EIR pursuant to CEQA Guidelines Section 15082. The NOP will
include the Initial Study, a brief project history and a description of the topics to be analyzed in the
EIR. PlaceWorks will work with the City to prepare a master distribution list for the NOP and
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 Initial Study to the State Clearinghouse (Note, the State
Clearinghouse is currently considering options for electronic submittal only.)
• One (1) electronic copy of the NOP and Initial Study in Word and PDF format to the City
3. Public Scoping Meeting
During the 30-day comment period for the NOP , PlaceWorks will attend a public scoping meeting to
hear comments on the environmental issues to be addressed in the EIR . We assume that City staff will
arrange the meeting location and date and will issue the public notices for the meetings. We will
prepare supporting material as needed, including a brief presentation, comment cards, and other
materials as directed by City staff. Principal-in-Charge, Steve Noack, and/or Project Manager, Terri
McCracken 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
Task C. Environmental Review
1. Project Description
Building from the description of the proposed project used in the Initial Study, Place Works 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, proposed improvements
and new construction, building sizes and heights, circulation patterns, and intended uses. In addition,
the Project Description will describe the entitlement approvals necessary to process the project. We
will submit one {l) 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.
2. Environmental Analysis
Using the City-approved Project Description, PlaceWorks will prepare the environmental analysis that
documents existing conditions, project impacts (if any), and mitigation measures (if required), as well
Febr uary 2, 20 17 I Pa ge 4
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as the resu lting level of significance for potential impacts under ea ch of t he 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.
In keeping with the requ irements of the CEQA, and building off conclusions of the Initial Study
discussed in Task B.1 , the environmental analysis w ill inc lude a detailed discussion to determine the
environmental impacts of the following resource categories:
a. Aesthetics
PlaceWork s will use its expertise in urban design and v isua l assessment, and its familiarity w ith the
city's visual resources, to analyze potential aesthetic impacts associated with the project. The analysis
wi ll focus on the v isual compatibility of the proposed imp rovements and new construction with the
surround ing land uses. This analysis will need to pay careful attention to any visua l impacts created by
the new residential development that would be permitted under the proposed project.
b . Air Quality, Community Risk and Hazards, and Greenhouse Gas Emi ssio ns
PlaceWorks will conduct a Criteria Air Pollutant Emi ssions, Greenhouse Gas (GHG) Emissions, and
Community Risk and Hazard s analysis to evaluate proposed air quality and GHG impacts of the
proposed project. The analyses wi ll be prepared in accordance with the Bay Area Air Qua li ty
Management District's (BAAQMD) CEQA Air Quality Guidelines. The approach outlined below is based
on BAAQMD's Guidelines and screening tables for Project-Level analyses.
PlaceWorks will evaluate air quality and GHG imp acts for construction and operational activities
associated with the additions and renovations at the project site . The air quality analysis w il l be based
on the current methodology of the BAAQMD for projects in the San Francisco Bay Area Air Bas in
(SFBAAB). Project-level impacts of the land use changes wi ll be based on the level of information
available. The air quality and GHG analysis will provide an estimate of short-term and long-term
emiss ion s using the California Em issio ns Estimator Model {Cal EEMod). PlaceWorks is a beta tester for
CalEEMod and was most recent ly involved i n beta testing the new 2016 CalEEMod, Ve rsion 2016.3 .1.
The technical analysis will be integrated with the env ironm enta l analysis, and modeling datasheets will
be included as an appendix to the EIR .
Construction-Related Emissions: The air quality and GHG em iss ions technical analysis wil l provide an
estimate of short-term criteria emissions gene rated from construction activi ties associated with new
residential development. Modeling assumes construction of the proposed project for up to two
development phases. Modeling wil l be based on the construction schedu le for the two construct io n
phases, preliminary list of const ruction equipment per construction subphase, demolition quantities
and duration, and soil export vo lum e, if necessary, provided by the City and/or Applicant. Where
information is unavailable, we wil l use CalEEMod defaults, as appropriate, and work with the City
and/or App li can t to develop the wo rst-ca se construc ti on assump tion s. Emi ssions w ill be compared to
the BAAQMD sign ificanc e criteria. The EIR will identify additional measures to reduce potential
construction-related impacts.
Off-site Construction Health Risk: BAAQMD has identified screening sizes for projects that generate a
de m in imis level of toxic air contaminants (TACs) and fine particu late matter (PM 25 ) emissions. The
community ris k and hazards impacts are highly sens iti ve to proximity of the nearest off-site sensitive
receptor . Construction activities are within 100 meters of sensitive uses {i.e ., exist i ng residences at the
February 2, 2017 I Pa ge 5
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proposed project site, and a full analysis of the project's off-site community health risk (TAC and
PM 2 _5 ) 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. The risk
assessment will incorporate the emissions inventory for construction emissions in order to evaluate
the concentration of TACs and PM 25 generated at the nearest off-site sensitive receptor. 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 potential health risk to adjacent sensitive uses will be incorporated in
the EIR.
Criteria Air Pollutant and GHG Emissions Inventory and Forecast: The proposed project would
generate an increase in criteria air pollutant and/or GHG emissions from transportation sources,
energy (natural gas and indirect emissions from purchased electricity), area sources (landscape
emissions, consumer products); indirect emissions from water use and wastewater generation; and
indirect emissions from waste disposal. Emissions will be modeled with CalEEMod and incorporated
the environmental analysis. Criteria air pollutant and GHG emissions will be compared to the
BAAQMD significance thresholds.
Air Quality Management Plan Consistency, Carbon Monoxide Hotspots, and Odors: The SFBAAB 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 EIR. 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 in the Initial Study under Task B.1.
Project Consistency with Plans Adopted to Reduce GHG Emissions: The GHG section will discuss the
GHG reduction goals of Assembly Bill 32 (AB 32), Senate Bill 32 (SB 32) and Senate Bill 375 (SB 375). To
achieve the targets of AB 32, California Air Resources Board (CARB) has prepared a 2008 Scoping Plan
and 2014 Scoping Plan Update. CARB is currently preparing the 2030 Target Scoping Plan Update to
address the new 2030 target for year 2030 identified in SB 32 . In addition, the Metropolitan
Transportation Commission (MTC) and Association of Bay Area Governments (ABAG) have identified
regional per capita transportation targets for passenger vehicles under SB 375. MTC's/ABAG's Plan
Bay Area (the region 's Sustainable Community Strategy) was adopted in July 2013, and the City of
Cupertino adopted a Climate Action Plan in 2015. The EIR will include a consistency evaluation of the
project with these applicable plans adopted for the purpose of reducing GHG emissions.
Optional Task -On-site Operational Health Risk:
Evaluation of impacts of the environment on the proposed project is not a CEQA issue unless it would
exacerbate an environmental hazard or such analysis is identified in the Public Resources Code (i .e .,
exception) (California Building Industry Association v BAAQMD [20151). Siting sensitive receptors
proximate to existing sources of TACs or PM 25 would not exacerbate the environmental hazard (i.e.,
concentrations of TACs or PM 2_5 ). Ho w ever, community risks and hazards from placement of sen siti ve
receptors prox imate to major sources of TACs or PM 25 ha v e been included as an optional task in ord e r
for the City to consider potential health and w e lfare implications from siting ne w sensiti ve receptors.
Feb r uary 2, 2017 I Page 6
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As an optiona l task, PlaceWorks can prepare an operationa l Health Risk Assessment (HRA) to
determine if hazardous ai r pollutant emissions associated with Interstate 280 (1-280} could pose a r isk
t o on-site residents of the proposed project. Dispersion model ing w ill be perfo r med using a BAAQMD-
acce pted computer-based model (e .g., AERMO D o r ISCST3} to det erm i ne fl agpo le -level conce nt rat ions
of hazardous air pol l ut ants generated by off-site em iss ion sources. Cancer and t ox icity data pub lis hed
by Ca l-EPA wil l be used to estimate long-term and short-term (acute) hea lth risks for on -s ite sens itive
receptors. PlaceWorks will consider i nc lud i ng measures to reduce hea lth risk from long -term
operational activities . M itigation measures to reduce potential health ri sk to project residents wi ll be
iden tifi ed.
c. Bio logica l Resources
Given the urbanized nature of the project site and surrounding area , the biologica l resources
d iscussion will focus on the mitigat ion measures from the General Plan EIR addressing the potential
for distu r ba nce of avian nests, protect ed by the f edera l Mig rat ory Bird Treaty Act and Ca li fornia
Department of Fish and Game Code.
d. Cultural Resources
PlaceWorks wil l eva luate the potent ial for d isturbance of unknown buried pa leontolog ica l and
archaeo log ica l r esources, inc l ud ing h uman re m ai ns.
e. Geology and Soils
The env ironmental ana lysis will prov ide an overview of current geologic/soi l conditions at the 54-acre
project site and an eva luation of the potential for the proposed project to result in significant direct
and/or ind i rect environmenta l i mpacts re lated to geo logy and soi ls. The regulato ry framework w i ll be
eva luated and described ; existing conditions wi ll be researched and clear ly 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 geo logic maps, investigations, and studies published by the
Ca liforn ia Geo log ic Survey (CGS}, t he U.S. Geolog ica l Survey (USGS}, or academ ic i nst it utions; availab le
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 Reg istered Geologist in the State of
Ca lifornia. It is ant icipated that some of the env i ronmental checklist questions, such as impacts
re lated to soi l erosio n, loss of topso il , use of septic tanks, wou ld be adequately evaluated in the Initia l
Study under Task B.1.
f. Hazards and Hazardous Materials
PlaceWorks wi ll evaluate safety environmental hazards associated with hazardous materials,
hazardous waste d isposa l and w il d land fire. This section will inc lude a database search of the site and
nearby properties that use, store, or transport hazards of hazardous materials . Recognized
environmental concerns will be evaluated and addressed in this section of the environmental analysis,
along with other past site activities, and proposed construction and development act ivities, the
presence/absence and significance of hazardous waste risks, and recommendations for remediation
measu r es, as appropriate. It is antic i pated that some of the environmenta l check list questions, such as
airport safety, emergency preparedness, emitting hazardous emissions near schools, would be
adequately evaluated in the Initial Study under Task B.1 .
Fe bru ary 2, 2017 I Pa ge 7
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g. Hydrology and Water Quality
The Hydrology and Water Quality section of the EIR 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
app licable significance criteria. It is assumed that the applicant wil l provide preliminary grading p lans
and drainage plans for the eva l ua ti on. Because more than 1 acre of land wi ll be disturbed duri ng
construc ti on, the App licant must also fi le Perm it Reg istration Documents (PRDs) with the State Water
Resources Contro l Board (SWRCB) and prepare a Stormwater Po l lution Prevention Plan (SWPPP). The
EIR will explain the regulatory requirements to ensure water qua lity is not adversely impacted;
however, the preparation of these documents are not part of this scope of work and are not required
to prepare the EIR. 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 EIR. The section will be prepared under the direction of a Registered
Engineer in the State of California. It is anticipated that some of the environmental checklist
questions, such as inundation by seiche, tsunami or mudflows, wou ld be adequately eva luated in the
Init ial Study under Task B.1.
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 land uses around the
project site will be documented, and the project will be evaluated for compatibility with surrounding
land uses. It is anticipated that some of the environmental checklist questions, such as physically
dividing an established community, would be adequately evaluated in the Initial Study under Task B.1.
i. Noise and Vibration
PlaceWorks wi ll eva luate potentia l noise and vibration impacts for the construction and operat iona l
phases of the proposed project. We will use our experience and knowledge of similar noise
environments to characterize the existing conditions for the project area , with particular attention
being paid to the traffic flows on adjacent/nearby roadways.
PlaceWorks will assess existing conditions and identify the nearest sensitive receptors and other
pertinent environmental characteristics; based on aerial photography, site plans, and project site
photos. Based on an initial review, the project site is within a residential area, with surrounding
residential and open space uses . The site is near the major arteria ls of Cristo Rey Drive and St. Joseph
Avenue. Additiona l ly, 1-280 lies as little as 200 feet to the north of the project site. Given this
resident ial environment and the dominance of traffic flows, ambient conditions will be eva l uated v ia
the traffic noise analyses (discussed below) and no field measurements of ambient noise leve ls are
indicated.
PlaceWorks will make an assessment of 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 City and/or Applicant. At this
juncture of the development, it is assumed that no pile driving will be needed and that there will be
no subterranean facilities.
February 2, 2017 I Pa ge 8
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Long-term, operational noise impacts will be primarily related to project-generated traffic flows.
Traffic noise impacts to uses along nearby roadway segments will be with input parameters based on
traffic forecasts included in the project's traffic study. Other, on-going noise 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 wi ll be discussed
qualitatively.
Potential noise and vibration impacts will be evaluated according to applicable City of Cupertino's
noise and vibration criteria included in the City's General Plan and Municipal Code. Mitigation
measures to reduce noise and vibration impacts will be recommended, as nece ssary, to reduce
potential impacts to less-than-significant levels .
The findings of the technical analyses and impact assessment will be provided in the noise and
vibration section of the assumed EIR documentation for the proposed project. Pertine nt calculations
and technical information wi ll be provided in an Appendix to the EIR.
It is anticipated that some of the environmental checklist questions, such as noise from a public
airport or private airstrip, wou ld be adequately evaluated in the In itial Study under Ta sk B.1.
j. Population and Housing
PlaceWorks wil l summarize the population and housing impacts that w ould result from the project,
including an assessment of indirect impacts associated w ith proposed non-residential development . It
is anticipated that some of the environmental checklist questions, such as the displacement of
housing and people, would be adequately evaluated in the Initial Study under Task B.l.
k. Public Services and Recreation
PlaceWorks wi ll evaluate the potential need for expanded public services as a result of the proposed
project, including law enforcement, fire protection, parks, and recreational facilities. As part of this
evaluation, PlaceWorks wi ll contact service providers for background information, assistance w ith
impact assessments, and mitigation recommendations. It is anticipated that some of the
environmental checklist questions, if not all of them , would be adequately evaluated in the Initial
Study under Task B.1.
I. Tran sportation and Traffic
PlaceWorks wi ll review applicable regu lations, the existing circul ation system in the vicin ity of the
project and collect traffic counts at two locations in the vicin ity of the site. PlaceWorks will calculate
the number of new trips from the proposed project and review potential changes to the internal
circulation and access to the project site. Key information wi ll be gathered and the City will be
consulted to discuss t he methodo logie s, assumpt ion s needed to evaluate traffic impacts from the
project, potential cumulative projects that may affect traffic in the area and potential concerns related
to traffic and bicycle/pedestrian circulation. Accord ing to Santa Clara Valley Transportation Authority
(VTA ) Transportation Impact Analysis Guidelines, projects that generate less than 100 peak hour trips
are generally exempt from the preparation of traffic impact studies. Based on a preliminary trip
generation ca lcu lat ion , the proposed project would add less than 50 peak hour trips to the circulation
system. Therefore, at this juncture it is anticipated that a focused analysis w ill be provided to ensure
that adequate internal circulation and site access is provided for existing plus project conditions;
however, it is not anticipated that off-site inte rsection level of service (LOS) calculations will be
Febru ary 2, 2017 I Page 9
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required. In addition, non-motorized transportation in the vicinity of the project will be documented.
The traffic analysis will be prepared under the supervision of a registered traffic engineer. The results
of this analysis will be summarized in EIR with background information and calculations included in the
Appendix to the EIR. It is anticipated that some of the environmental checklist questions, such as
impacts to air traffic patterns and substantially increase hazards, would be adequately evaluated in
the Initial Study under Task B.1.
m . Utilities and Service Systems
PlaceWorks will evaluate potential impacts related to wastewater treatment and water supply
infrastructure, stormwater infrastructure, solid waste disposal and energy conservation. As part of this
evaluation, PlaceWorks will contact utility providers for background information, assistance with
impact assessments, and mitigation recommendations. It is anticipated that some of the
environmental checklist questions, such as requiring the construction of new storm water drainage
and water treatment facilities, would be adequately evaluated in the Initial Study under Task B.1.
3. Alternatives Evaluation
PlaceWorks will develop a list of up to three (3) potential draft alternatives, including the CEQA-
required No Project Alternative. We will wo rk w ith City staff to finalize the list and complete an impact
analysis of each alternative for inclusion in the EIR. The alternatives analysis will be a qualitative
discussion and will identify the environmentally superior alternative. The alternatives will be designed
to avoid or lessen at least some of the potentially significant impacts identified in the environmental
analysis.
Task D. Draft EIR
1. Administrative Draft EIR
PlaceWorks will prepare an Administrative Draft EIR (ADEIR) and submit to City staff for review and
comment. The impact analysis will be comprehensive and will cover all CEQA requirements. As
described above, the EIR will focus on CEQA resource categories where substantial evidence of a
potentially significant environmental impact exists. The ADEIR will also include a chapter summarizing
those issue areas that would not be impacted by the proposed project or where it can be justified
with supporting citations that regulatory standards and standard conditions of approval will address
the checklist significance criteria. Significance criteria will be identified for each impact topic based
upon thresholds of significance identified the State CEQA Guidelines (as amended by AB 52) and
identified in the scoping process.
Impacts and mitigation measures will be organized and discussed by top ic. As recommended by the
State CEQA Guidelines, the EIR will analyze potential impacts from development of the proposed
project . For each identified environmental impact, a set of feasible mitigation measures will be
recommended.
The ADEIR will cover the following topics:
11 Executive Summary. PlaceWor ks wi ll create a summary in a form consistent wit h CEQA Guidelines, Section
15123. This summary wi ll facilitate a qu ick understand in g of environmental issues and the actions
February 2, 2017 I Page 10
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required to mitigate potential impacts. It will include a summary table of impacts, mitigation measures,
and le vels 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 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 ADEi R.
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. This chapter will identify the consultants and staff who prepared the EIR .
City staff will act as a clearinghouse for comments on the ADEIR and wi ll provide PlaceWorks with a
single, internal ly reconciled set of comments.
Deliverable:
• One (1) electronic copy of the Administrative Draft EIR in Word and PDF format to the City
2. Screencheck and Public Draft EIRs
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 approva l prior to publication. Comments on the
Screencheck Draft EIR will be limited to grammatica l, format and typographical comments.
PlaceWorks assumes 30 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 wi ll publish and locally
distribute the NOA.
Deliverables:
• One (1) electronic copy of the Screencheck Draft EIR in Word and PDF For mat to the City
• Twenty (20) hard copies with the technical appendices on compact disc (CD) attached one (1) electronic
copy of the Public Review Draft EIR in Word and PDF Format to the City
• Copies of the NOC, NOA and Executive Summary, with the complete EIR and technical appendices will be
submitted to the State Clearinghouse per their requirements at the time of publication (Note, the State
Clearinghouse is currently considering options for electronic submittal only .)
3. Public Meetings on the Draft EIR
Steve Noack and/or Terri McCracken will attend one (1) public hearing on the Draft EIR. We assume
that City st aff wi ll schedule hearings, provide public notice, and prepare staff reports.
February 2, 2017 I Page 11
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Task E. Final EIR and Mitigation Monitoring or Reporting Program
1. Administrative Draft Final EIR
Follo wing the close of the 45-day public review period on the Draft EIR, PlaceWorks wil l prepare an
Administrative Final EIR (ADFEIR), which w ill include both the Response to Comments document,
add itional analysis, or revisions to the Draft EIR as necessary. City staff will act as a clearinghouse for
comments on the ADFEIR and wi ll provide PlaceWorks with a single, internally reconciled set of
comments. Place Wo rks assumes 40 hours to address comments on the Draft EIR. If an unforeseen
amount of time is required to address comments received on the Draft EIR , a contract amendment
w ill be required
Deliverable:
• One (1) electronic copy of the Adm in istrative Draft Final EIR in Word and PDF format to the City
2. Screencheck and Public Final EIRs and MMRP
Following receipt of comments on the ADFE IR, PlaceWorks wi ll prepare a Screencheck Final EIR and a
Fin al EIR for publication . Concurrent with the preparation of the Final EIR, we w ill prepare a Mitigation
Monitoring or Reporting Program (MMRP) for the mitigation measures included in the EIR pursuant to
the City's policies and procedures. The MMRP, shown in tabular form, w ill identify responsibility for
imp lementing and monitoring each mitigation measure, along with monitoring triggers and reporting
frequencies. The MMRP wil l be submitted as a draft document to the City and rev ised for publication
with the Final EIR .
Deliverables:
• One (1) electronic copy of the Screenc heck and Public Final El Rs and the MMRP in Word and PDF format
to the City
• Twenty (20) hard copies of the Final EIR and MMRP and one (1) electron ic copy of the Final EIR in Wo rd
and PDF format to the City
3. Public Meetings on the Final EIR
Steve Noack and/or Terri McCracken of PlaceWorks w ill attend up to two (2) certification hearings on
the Final EIR.
Task F. Findings of Fact and Statement of Overriding Considerations
PlaceWorks wi ll work with the City staff and City's CEQA attorney to prepare the findings for the
resolutions on the EIR , and in the event that significant and unavoidable impacts are disclosed, we will
help to prepare the sta tement of overriding considerations nece ssary to support certification of the
EIR. PlaceWor ks will prepare the first draft of the findings and sta t ement of overriding considerations
for rev iew and comment by the City staff and the City's CEQA attorney. PlaceWorks wi ll then update
the documents for the City's incorporation into the resolutions on the EIR.
February 2, 20 17 I Page 12
Exhibit B ~ PLACEWORKS
Deliverables:
• One (1) electronic copy of the draft findings and overrides (if applicable} in Word and PDF format to the
City
• One (1) electronic copy of the final findings and overrides (if applicable} in Word and PDF format to t he
City
Ta sk G. Notice of Determination
W it hin 5 days of ce rtifi cat ion of the EIR , Place Works will prepare a Notice of Determination (NOD) for
subm ittal to the County Clerk. City staff wil l subm it 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 NOD in Word and PDF forma t to the City
• One (1) electronic copy of the Final Environmental Checklist/MND in Word and PDF fo rmat to the City
Schedule, Products, and Meetings
SCHEDULE
PlaceWorks staff wi ll work with the City staff to prepare a schedule upon receipt of the Notice to
Proceed. As show n on Figure 1, Project Schedule, we anticipate that the EIR can be comp leted and
approved within a 9-month period.
PlaceWorks has a strong track record in meeting project schedules and coord i nating close ly 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 we ll informed at all times. We
w ill maintain an up-to-date schedule thro ughout the project, to ensure that all team membe rs ar e
aware of up coming meetings and product due dates. As detailed in Task A.2, we recommend regular
status meetings and the use of project management tools including regularly m ain tained action item
list and schedu le to ensure clear communication between project team members and quick resolut ion
of obstacles to progress.
PRODUCTS
The following products will be subm itted to the City in fulfillment of our proposed scope of work:
• Revised Project Sc hedu le
• Data Needs Memorandum
• Ad minist rati ve Draft and Fina l In itial Study and NOP
• Materials for Scoping Meeting
• Scoping Meeting Summary Memorandum
• Administrative Draft and Final Proj ect Description
• Administrative, Screencheck and Publ ic Review Draft El Rs
• Notice of Complet ion , Notice of Availab i lity, and Draft EIR Executive Summary
• Administrati ve, Screencheck and Final EIR includ ing the MMRP
• Draft and Final Findings of Fact and Statement of Overriding Cons ide r ations (if necessary)
• Notice of Determin ation
February 2, 20 17 I Page 13
Figure 1 Schedule
Issue Notice to Proceed
Task A -Project Initiation & Project Management
Kick-Off Meeting City/PlaceWorks
Status Meetings City/PlaceWorks
Task B -Initial Study & Notice of Preparation
Initial Study Place Works/C ity
Notice of Preparation Place Works/City
30 -d ay review
Public Scoping Meeting PlaceWorks/C ity
Task C -Environmental Review
Project Description Place Works/City
Environmental Review Place Works
Alternatives Evaluation Place Works
Task D -Draft EIR
Administrative Draft EIR Place Works/C ity
Screencheck Draft EIR PlaceWorks/C ity
Public Draft EIR Place Works
45-day revi ew
Public Scoping Meeting Place Works/City
Task E -Final EIR & Mitigation Monitoring or Reporting Program
Administrative Draft FEIR Place Works/C ity
Screencheck FEIR & MMRP Pla ce Works/City
Public Review FEIR & MMRP Place Works/C ity
Publi c Hearing s (PC /CC) PlaceWorks/C ity
Task F -Findings of Fact and Statement of Overrid in9_ Considerations
Administrative Draft FOF /S OC PlaceWorks/C ity
Fin a l Draft FOF/SOC City/Pla ceWorks
Task G -Notice of Determination
35
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Feb ruary 2, 20 17 I Page 14
Exhibit C
Compensation
City shall compensate Consultant for professional services in accordance with the terms and
conditions of this Agreement based on the rates and compensation schedule set forth below.
Compensation shall be calculated based on the hourly rates set forth below up to the not to exceed
budget amount set forth below.
The compensation to be paid to Consultant under this Agreement for all services desc1ibed in
Exhibit "A" and reimbursable expenses shall not exceed a total of Click here to enter dollar amount
in words . dollars ($Click here to enter dollar amount in numerals.), as set forth below. Any work
perfmmed or expenses incuned for which payment would result in a total exceeding the maximum
amount of compensation set forth herein shall be at no cost to the City.
Invoices
IZl Monthly Invoicing: In order to request payment, Consultant shall submit monthly invoices to
the CITY desc1ibing the services perfo1med and the applicable charges (including a summary of
work performed during that period, personnel who performed the services, hours worked, task(s)
for which work was perfo1med).
Reimbursable Expenses
Administrative, overhead, secretarial time or overtime, word processing, photocopying, in house
printing, insurance and other ordinary business expenses are included within the scope of payment
for services and are not reimbursable expenses . Travel expenses must be authorized in advance
and shall only be reimbursed to the extent consistent with City travel policy.
Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit A only by
advance written authorization from the City's Project Manager prior to commencement of any
additional services. Consultant shall submit, at the Project Manager 's request, a detailed written
proposal including a desc1iption of the scope of additional services , schedule, and proposed
maximum compensation.
12
Cupertino Standard Fonn Contract-updatOO 2 2015
[@) PLACEWORKS
MEETINGS
Place Works will attend the following meetings in fulfillment of our proposed scope of work:
• Steve Noack and /or Terri McCracken will participate one (1) EIR kick-off meeting
• Steve Noack and/or Terri McCracken will participate in up to twelve (12) regularly scheduled bi-weekly
Status Meetings
• Steve Noack and/or Terri McCracken w ill participate one (1) Environmental Review Committee (ERC)
meeting
• Steve Noack and/or Terri McCracken will attend one (1) scoping meeting for the EIR
• Steve Noack and/or Terri McCracken wi ll attend one (1) public hearing on the Draft EIR
• Steve Noack and/or Terri McCracken 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.
Cost Estimates
As shown in Table 2, the estimated cost t o complete the scope of work is $121,266. The billing rates
for each team member are included in Table 2. Pl aceWo rks bills for its work on a time-and-materials
basis with monthly invoices . PlaceWorks recommends planning for a 5 to 10 percent (i.e., $6,063 to
$12,266} contingency fund to cover any unforeseen out-of-scope work that might be necessary
for the project.
ASSUMPTIONS
This scope of work and cost estimate assumes that:
• Billing rates for this project are guaranteed through January 2018 . Billing rates would be subject
to an increase of up to 6 percent on January 1, 2018, and in each subsequent year thereafter. A
budget increase would be necessary to cover costs incurred after January 1, 2018.
• Our cost estimate includes the meetings shown above. Additiona l meetings would be billed on a
time-and-materials basis. Steve Noack and/or Terri McCracken will attend all project meetings
and other public meetings .
• No more than 40 hours of PlaceWorks staff time will be required to respond to comments on
the Public Review Draft EIR . If additional labor is necessary, a contract amendment allowing
additional work wi ll 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 described above. If this allowance is exceeded, additional printing costs will
be billed at PlaceWorks actual cost.
• City staff will be responsible for meeting logi st ics , in cluding schedule coordination, document
production, printing notices, mailing costs, room reservations, room set-up and take-down, and
refreshments.
February 2, 20 17 I Page 15
~ PLACEWORKS
Table 2 Cost Estimates
PI.ACf:WORKS
Principal Senior Senior Sci e ntist Senior Project Project Graphics/ Cl e rical/ Associate Vermilion/ Engineer Planner Scientist Scientist
Noack Whitaker WP Intern
McCracken Sotelo Mantey James Bush
ilJ'fDZStalGWS,t.,;J.ld·lffltt:\18H4·1{2,4Uii
Role Role Role Role Role Role Role Role I Place Works PlaceWorks 2% Place Works I Total Ta sk
Hourly Rate:I $215 $160 $19~~-~~,J,!~2,.., $135 $90 $100 $75 Hours Office .~~e.1?11se:s Total Budget
-.;1 '"'"·~
1 Kick·off Meeting 2 8 8 1 19 $53 $2,718 $2,718
2 Status Meetings 6 12 6 24 $77 $3,947 $3,947
..... 3 ............ P~oject _ Management 2 24 12 2 40 $115 $5855 $5,855_
Tasli A. Subtotal 10 44 ····o 0 26 0 0 0 3 83 $246 $12,521 $12,521
[C(I1JMiitflmlil•1.1a-1:s1rn,14t4M#·litmt=: . Ill t .. !Ut!tl .. t ti Ill i.u -:.i-1··.:, ...•. ;:::;.;;. ,:mlml ~~
1 Init ial Study 2 8 4 2 30 4 8 4 62 $156 $7,966 $7,966
2 Notice of Preparation 1 2 4 1 8 $21 $1,071 $1,071
3 Publ ic Scopi n~ Meetin~ 4 8 10 2 24 $69 $3 509 S3 509
Task B, Subtotal 7 18 4 2 1 44 4 8 6 1 94 $246 $12,546 $12,546
~wa,1na~~~-::::=----~~·~·~··"1~==~~::~* --~ ~~.::::.:.:::::::::::::~=:::::=::l -t~ljtt \ ~/ ~·ltlf~T~-'T."~ ·_ ,;,: , iv!)~ .~-~-llltt.... '."it~·-. tt. ~~·ii~} ,11:11; }~t -1'~,~:~if.il~:ni~-t~m
1 Project Descrip tio n 1 6 12 4 23 $58 $2,953 $2,953
2 Env ironmental Ana ly sis 4 32 21 10 88 30 127 9 0 329 $787 $40,122 $40,122
3 Alternatives Eval uation 4 12 24 2 42 $112 $5,732 $5,732
Task C. Subtotal 9 so 21 10 124 30 127 15 0 394 $957 $48,807 $48,807 .. u1-1:t1:•: . ·, ... "" --___ ;,.,-~., __ :,_r, ... ,,, ?,,: ,., ..... ..,.,., ., ...... -,,f'.<;!:;;cts,,-<(!•)!,'·'!;it;,\~{~~
1 Adminis trative Dr~ EIR 3 20 12 4 36 6 12 6 0 99 $267 $13,622 $13,622
2 Screencheck and Public Review Draft ElR 8 16 6 2 24 2 2 2 62 $182 $9,282 $9,282
3 Public Meetin~ on the Draft EIR 4 8 6 4 22 $64 $3,264 _______ $3,264.
Task o :·s~·btotal 15 44
..........
18 6 66 8 14 12 0 183 $513 $26,168 $26,168
'lau1a .. .. ' ~ .. .... '.11.f.:l.' .,·,.,, '., ' ··""""*""~·--·-·-· -'"; :;,:•~,--Y ~;w;fi@rj@i/rliiffiiiQ
1 Admi ni strative Dra'ft Fin al EIR 6 10 2 1 20 2 41 $117 $5,977 $5,977
2 Screencheck and Publi c Rev iew Fina l EIRs and MMRP 2 6 1 1 20 2 32 $83 $4,248 $4,248
3 Public Meeting on the Fina l EIH 4 8 6 18 $56 $2,856 _ $2,856
Tas k E. Subtotal 12 24 3 21 46 0 0 4 0 91 ; $257! $13,082 $13,082
.. '"'"·' ·'.".:-:)
.... Findi _n&s 9.'. .. f._a_~-~ .. ~"-~ .. s-~-~.!.~.~-~-nt of Overridin &S~.~-~!.~-~E~.~i?..~.~ ...... Task F.'
5
_~btotall ~ ~~--. _____
0 0
22 2
22 0 0 2
$5,722 $5,722 ss;,22 ss:'ii:i
~-.
r..mlffl'llikt ,.,.T
0
:-:1•~-J_(. . . "·-~G,_:_<,.,_,_~•---~~~-·•~··~,·~--· ~~ ~ ~:;:':tr::~·\'.::'"~_"'.'7_''.~c.:':~
Notice of Determination 8 $_22 ~l,_097 $1,097
~,,.ilir.i~·:~,t::;
1 I
Task G. Subtotal 2 0 0 4 0 0 1 0 8 $22 ~1,097 11,097
Labor Hours Total 56 198 46 20 332 42 149 40 4 895
labor Dollars Total $12,040 $31,680 $8,970 $3,600 $36,520 $5,670 $13,410 $4,000 $300 $2,352 $119,_942 $119,942
PleiceWori<s Pei cent ot ·r ot~l l.aiJor 6% 22% 5% 2% 37% 5% 17% 4% 0%
PlaceWorks Reim bursa ble Expe nses $1,324
EXPENSES TOTAL ~1,324
GRAND TOTAL $121,266
February 2, 2017 I Page 17
@}) PLACEWORKS
Acknowledgement
This proposal sha ll 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 que stions regarding the contents of this proposal, please feel free to contact the
undersigned.
Respectfully subm itted,
PlaceWorks
J/Bp1W
Steve Noack , AICP
Principal
February 2, 2017 I Page 16
Exhibit D
Insurance Requirements and Proof of Insurance
Proof of insurance coverage desciibed below is attached to this Exhibit, with City named as
additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
(1)
(2)
(3)
(4)
Workers' Compensation:
Statutory coverage as required by the State of California.
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.
Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
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.
13
Cupertino Standard FonTI Contract-updatOO 2 .:w 15