19-137 Service Order #2 and #3 Starbird Consulting, LLC, for Environmental Consulting Services on Various City Projectslq,13al
CITY OF CUPERTINO
MASTER AGREEMENT CONSUtT ANT SERVICES
SERVICE ORDER N0. 2
MASTER AGREEMENT NO#:
Maximum Compensation:
Consultant:Firm Name:
Address:
Contact:
M. A. Date:June 10,2019
SIO0,000 M.A. End Date:31-Dec-20
Starbird Consulting LLC
115 S. 14th st., San lose, CA 95112
Jodi Starbird Phone: 408-687-8203
Project Description:
Project Name: McClellan Ranch West Parking Lot Construction & Monitoring (Pltase 2)
nDescription:
mAttachment A: This service order covers Pliase 1 Task 5, Phase 2 Tasks I & 2 and corresponding Project
Management fee. See Attachment A for additional information
City Project Management
panaging Department: Public Works Project Manager: Apex Acenas
Fiscal/Budget :
Master Agreement Maximum Compensatiori:
Total Pteviously Encumbered to Date:
Encumbrance this Service Order:
Balance:
k-k'Jo. t't- e)30 "tS-'16%.
s.o. Acc't No.: MRW 002.03.02 P.O.# 2020
Contract Manager: Alex Acenas Date:
An'iount
$100,000
$8,000
$14,342
$77,658
November 18, 2019
Approvals:
CIP Manager:
Appropriation Certification: Xhereby certify tliat an unexpended appropriation is available in the above fcind
for the above'contract as estfffiated and that kind are available as of this date of signature
Ciky ofCupertino Master Agreemenk 181128 Page 1 of 1 Service Order No. 01
Attachment A
STARBTIRD
November 18, 2019
Alex Acenas
Project Manager
City of Cupertino, Dept. of Public Works
1033 Torre Avenue
Cupertino, CA 95014
RE: McClellan Ranch West Parking Lot Construction and Monitoring (Phase 2)
Dear Alex,
At your request, I have prepared the following scope of work for providing additional services
during implementation of Task 5 for the McClellan Ranch West Parking Lot project. The work was
completed in the field by WRA Environmental Consultants according to the tenants of the
regulatory permit issued by the California Department of Fish and Wildlife (CDFW) Revised
Streambed Alteration Agreement (SAA; notification no. 1600-2018-0207-R3).
This scope also includes implementation of Phase 2 of the project for long-term monitoring
required as part of the SAA for the project. This work will also be completed by WRA. Starbird
Consulting will also provide project management and environmental consulting services throughout
the monitoring period.
Task 5: Biological Construction Monitorin@
Western Pond Turtle (WPT), California Red-legged Frog (CRLF), and California Tiger Salamander
(CTS) exclusion fencing installation guidance and monitoring was completed weekly by WRA
biologists during project construction. The exact number of days that would be required was not
known during initial project scoping.
Six, 8-hour days were originally included the project scope; however, during the permitting process,
it was determined that additional monitoring would be required by CDFW. This was acknowledged
and authorized by the City and Starbird Consulting at the Project Team site meeting in December
2018. In addition, the start date of construction was extended due to rain delays and the exclusion
fencing was required to be maintained for a longer period of time. These factors increased the level
of effort and time needed to provide weekly fence inspection as required by CDFW.
Phase 2 Lone-term Post-Project Monitorin@
Task 1. As-Built Report
LSAA Measure 4.1 requires an As-Built Report submittal to CDFW within 45 days following
completion of the work. WRA will prepare a brief memorandum outlining the work that was
completed and the final built conditions. Following approval by the City, WRA will submit this report
to CDFW,
1
Task 2. Construction and Revegetation Status Report
LSAA Measure 4.2 requires a Construction and Revegetation Status Report to be prepared and
submitted to CDFW by December 31 following completion of the work. WRA will prepare a brief
memorandum outlining the work that was completed and a construction drawing based on planted
and revegetated field conditions. Following approval by the City, WRA will submit this report to
CDFW.
Task 3. Five Year Habitat Mitigation Monitoring Annual Reporting
Based on Measure 4.3 of the LSAA, WRA will conduct annual monitoring and reporting of the
Project site riparian planting area for five years. Annual reports discussing monitoring methodology
and results will be submitted to CDFW by December 31 of each year following construction, starting
in 2020. Monitoring and reporting for the herbaceous revegetation of construction areas will be
over a 1-year period only. Monitoring and reporting for the understory shrubs and the trees will be
over a 5-year period, starting in 2020. Permanent photo-documentation points will be established
at several locations in the first year in order to visually track the progress toward meeting final
success criteria described in the Habitat Mitigation Monitoring Plan (HMMP).
WRA will prepare annual monitoring reports documenting: survival and percent cover of shrub and
tree species planted; percent cover of grass revegetation for the first year following construction;
quantity by species of plants replaced annually; photos from designated photo points and other
relevant information pertaining to the revegetation effort, such as a summary ofinvasive species
management actions and corrective measures taken when success criteria were not met. If
performance standards are not being met or are not anticipated to be met by the final year of
monitoring, WRA will provide recommendations to help achieve final success criteria. The final
annual report will describe the success in meeting the performance criteria. All monitoring and
report preparation will be conducted by a qualified biologist.
Work products to be generated and submitted under this task include five annual monitoring
reports (Years 1, 2, 3, 4, and 5). The report template will be created in Year 1 and used over the
duration of the five years to gain efficiency. The cost estimate provided herein reflects WRA"s
standard 3% annual rate multiplier over the five years during which this work will be conducted.
Task 4. Project Management
WRA will coordinate with the City, CDFW, and the project team to facilitate post-construction
monitoring success. It is anticipated that the majority of this work will entail phone and email
communication to review monitoring results and discuss details with the client of implementing any
recommendations. This task includes 10 hours for WRA communications and coordination on an
annual basis for a duration of five years with the client, City, and/or agency staff.
Starbird Consulting will also provide environmental consulting and management services including
coordination between the City, WRA, and the regulatory agencies as required over the five-year
monitoring period. I anticipate four hours per year to complete these tasks. If this time is not
required, Starbird Consulting will only bill for the actual time spent coordinating services.
2
Phase 1 Tasks Cost
5. Biological Construction Monitoring S3,450
Phase 2 Tasks
1. As-Built Report S4,025
2. Construction and Revegetation Status Report S4,025
3. Five Year Habitat Mitigation Monitoring Annual Reporting S43,930
4. 4a: WRA Project Management S9,200
4b: Starbird Project Management S4,500
Total ContractAmount: 569,130
SO No. 2
!53,450
S4,025
S4,025
5i,gog
S933
S14,342
Please let me know if you have any questions or you need further information. Thanks again for the
opportunity to continue to provide environmental and planning consulting services to the City of
Cupertino.
Sincerely,
Jodi Starbird
Principal Consultant, Starbird Consulting LLC
jodi@jodistarbird.com (408) 687-8203
3
CITY OF CUPERTINO
Iq-s'bl
MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER NO. 3
MASTER AGREEMENT NO#: 12 M. A. Date: 10-Jun-19
MaximumCompensation: SIO0,000 M,A.EndDate: 12/31/2020
Consultant: Firm Name:
Address:
Contact: Jodi Starbird
Starbird Consulting LLC
115 14th St. San lose, CA 95112
Phone: (408) 687-8203
Project Description:
Project Name: McClellan Ranch Preserve Community Garden Improvement
nDescriphon: (simple project descriptton if appropriate)
rXAttachment A: Includes Description of Project, Scope of Service, Sd'iedule of Performance
and Compensation
City Project Management
Managing Department: Public Works Project Manager: Alex Acenas
Fiscal/Budget :
Amouit
Master Agreement Maximum Compensation:
pi? 0(5€0.0?,,02,
s.o. Acc't No.: 420-99-004-900-905-]
Total Previously Encumbeted to Date:
Encumbrance this Service Order:
Balance:
Contract Manager:Alex Acenas Date:
$100,000
$22,342
$7,138
$70,520
1/29/2020
Date:
Approvals:
Consultant:
CIP Mariager: p'hW"
Appropriation Certification: I hereby certify that an unexpendcd appropriation is available in the above fund
for the above contract as estimated and that fund are available as of this date of signature
MAdagement Analyst
Date:1/30/20
City of Cupertino Master Agreement 181128 Page I of I Service Order No. XX
Attachment A
svags,x&
January 29, 2020
Alex Acenas
Project Manager
City of Cupertino, Dept. of Public Works
1033 Torre Avenue
Cupertino, CA 95014
RE: Community Gardens Pre-construction Bird Surveys
Dear Alex,
At your request, I have prepared the following "time and materials" scope of work for providing
pre-construction nesting bird surveys for the construction of the approximately 1-acre community
garden proposed for the McClellan Ranch Preserve. The majority of the work will be completed by
WRA Environmental Consultants. Starbird Consulting LLC will provide subconsultant management
and overall coordination during the work tasks to be completed.
The tasks requested are described below.
Upon your request, a qualified WRA wildlife biologist will conduct biological surveys for nesting
birds to ensure that construction impacts to active nest would not occur during project construction
in accordance with the mitigation measures included in the Stevens Creek Corridor Phase 2 project.
Nesting bird surveys will be completed on the site in three phases, the last one being optional, but
highly recommended, as described below.
Task la: Focused Nestin@ Bird Survey of Tree(s) to be Removed (WRA)
The City has identified a need for tree removal prior to the start of project activities in earnest.
Because trees may provide a suitable substrate for bird nesting, WRA will conduct a focused nesting
bird survey to determine the presence or absence of active bird nests in any trees slated for
removal prior to project commencement. This survey will include visual assessment of the tree(s)
to identify any potential nest structures or cavities, and will identify and observe any birds
exhibitingpotentialbreedingbehaviorintheimmediatevicinity. Uponcompletionofthissurvey,
WRA will communicate the results of the survey to Starbird Consulting and the City, and provide a
short memorandum suitable for submittal by the City of Cupertino to any other appropriate
regulatory agencies, if necessary.
Task Ib: Pre-construction Nesting Bird Surveys and Report (WRA)
Prior to the start of overall construction during the 2020 avian nesting season (February 1- August
31), WRA will conduct a nesting bird survey on the project site and surrounding areas. These
surveys will focus on potential nesting substrates and avian behaviors. Specifically, birds within the
surveyed area will be monitored for potential nesting behaviors to determine if active nesting is
1
occurring. If active nests are found, WRA will establish no-work exclusion buffers based on the
species of bird observed, tolerance to disturbance, and location of the nest.
WRA will produce a nesting bird survey report describing the results of preconstruction surveys,
establishment of nest buffers (if applicable), and an estimate for when the nest will become inactive
via fledging of the young. The survey report will document compliance, and will be suitable for
submittal by the City of Cupertino to any other appropriate regulatory agencies, if necessary.
Task Ic (Optional): Follow-up Surveys to Determine Nest Status (WRA)
Due to the highly bird sensitive project location near Stevens Creek, it is possible that active nests
will be discovered within the surveyed area. Therefore, a follow-up site visit will likely be necessary
to determine the status of any protected nest(s) and the point at which the nest becomes inactive
and no-work buffers can be removed. This site visit will be targeted in nature, and will assess
conditions around existing nests only. Status of nests and their respective buffers will be
communicated to the City directly after the site visit via phone or email. This task also includes an
update to the survey letter produced in Task lb to indicate the final status of any active nests.
Task 2: Environmental Consultin@ Services and Project Management (Starbird)
The above described work will be completed under contract to Starbird Consulting LLC. Jodi
Starbird will provide overall coordination of the work tasks with WRA and will review all documents
prepared and provide environmental consulting services related to the work completed. She will
participate in all meetings and/or conference calls. It is assumed that up to 10 hours of time will be
required by this task.
Project Assumptions:
The following assumptions have been made in the preparation of this Scope of Work:
The City will provide access to the site and arrangements for opening any gates or fences.
Post-construction monitoring is not included in this scope of work.
Typically, bird surveys are only considered valid for a period of approximately 14-days. If
Project activities are delayed beyond 14-days from the survey date, an additional survey will
be required to ensure that results of the initial survey are still accurate; these additional
surveys are not covered by this scope of work, and would be covered under a change order.
This scope of work includes provisions for the potential discovery of the nests of non-
special-status, native bird species within the Project Area. Any special-status (protected or
endangered) species or raptors discovered nesting in the project area may require specific
considerationsormeasures. Managementofthesespecieswouldrequireadditionalscope
and budget and would be covered by a change order proposal.
If nesting birds are not discovered in Task lb, Task lc will not be required and the City will
not be billed for this work.
Estimated Cost
The estimated cost for the services described in this scope is provided below. This cost is based on
the above assumptions and are subject to change based on the specific conditions encountered in
2
the field. Costs may be reallocated between tasks; however, the total cost will not be exceeded
without prior authorization. If the tasks ultimately performed are less than described above, you
will only be billed for the time spent actually completing the work. The cost for the WRA work
includes a standard 15% administrative fee.
Task Cost
la. Focused Nesting Bird Surveys of Tree(s) to be Removed (WRA)Sl,150
lb. Pre-construction Nesting Bird Surveys and Report (WRA)S2,588
Ic. (Optional): Follow-up Surveys to Determine Nest Status (WRA)Sl,150
2. Coordination and Environmental Consulting Services (Starbird
Consulting LLC)
92,250
Tota/: 97,138
Thanks again for the opportunity to provide environmental consulting services. Please let me know
you have any questions.
Sincerely,
7et 'J'
Jodi Starbird
Principal Consultant, Starbird Consulting LLC
jodi@jodistarbird.com (408) 687-8203
3
CUPERTINO
o
City of Cupertino
City Hall
10300 Torre Ave
CUPERTINO, CA 95014
www.Cupertino.org
VENDOR ffl3 - STARBIRD CONSULTING LLC
o JODI L. STARBIRD
115 S. I4TH STREET
SAN JOSE, CA 95-112
REFEREN(,E #
City of Cupertino
City Hall
10300 Torre Ave
CUPERTINO, CA 95014
www.Cupertino.org
Purchase Order
No. 2020-00000385
DATE 01/30/2020
PURCHASE ORDER NUMBER MUST APPEAR ON
ALL INVOICES, SHIPPERS, BILL OF LADING AND
CORRESPONDENCE
DELIVER BY
SHIP VIA
FREIGHT TERMS
PAGE 1 of I
ORIGINATOR: Julia Kinst
DESCRIPTION: SO #3 McClellan Ranch Community Ga
@*J iri*}l Ilm 'l iii XIlffi II IJ 4%i,'i Gl ji *g lia''hii ,:I(4
1%
II iJ Iax !)ii 4!s t sJS
II it
1 .0000 Each SO #3 McClellan Ranch Community Garden (Acenas) ' 7,'138.0000'
SO #3 McClellan Ranch Community Garden (Acenas)
- $7,138.00
$7,138.00
J-7 - q
Authorized Signature
DATE 01/30/2020
Special Instructions