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18-221 Service Order No. 12 dated 7-7-23 MRW Parking Lot Mitigation 3.0 - 2024-011 CITY OF CUPERTINO MASTER AGREEMENT CONSULTANT SERVICES SERVICE ORDER NO. 12 MASTER AGREEMENT NO#:M. A. Date:8/18/2020 Maximum Compensation: 8/31/2023 Consultant:Firm Name: Address: Contact: Phone: jodi@jodistarbird.com Project Description: Project Name:McClellan West Parking Lot X City Project Management Managing Department: Public Works Project Manager: John Raaymakers Fiscal/Budget : Amount 400,000.00 275,638.25 Liquidated to date:36,620.79 57,425.00 103,557.54 420-99-030 900-905 MRW 002.04.00 P.O. # Contract Manager: John Raaymakers Date: Approvals: Consultant:Date: CIP Manager:Date: City Finance:Date: Management Analyst Master Agreement Maximum Compensation: otal Previously Encumbered to Date: Encumbrance this Service Order: Master Agreement Unencumbered 2021-04 $400,000 M.A. End Date: and Compensation Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance 10568 Murchie Mine Rd, Nevada City, CA 95959 Starbird Consulting LLC 408-687-8203Jodi Starbird McClellan Ranch West Parking Lot Monitoring Description of Work: Manage and provide CDFW permit mitigation requirement monitoring Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above fund for the above contract as estimated and that fund are available as of this date of signature. S.O. Acc't No.: City of Cupertino Page 1 of 1 Service Order No.12 Jul 6, 2023 Jul 7, 2023 Jul 7, 2023 Jul 7, 2023 1 June 9, 2023 Susan Michael CIP Manager City of Cupertino, Dept. of Public Works 10300 Torre Avenue Cupertino, CA 95014 RE: Revised McClellan Ranch West Parking Lot Construction and Habitat Mitigation and Monitoring Plan Revisions and Plant Installation Support (Part 2), Service Order #12 Dear Susan, As you know, the 2022 habitat mitigation and monitoring process at the McClellan Ranch West Parking Area found that the mitigation planting areas had suffered substantial mortality requiring that the Habitat Mitigation and Monitoring Plan (HMMP) be revised. In Part 1 of this project, the revisions were completed and submitted to the California Department of Fish and Wildlife (CDFW) for compliance with the Lake or Streambed Alteration Agreement (LSAA, Permit #: 1600-2018-0207- R3) for the City of Cupertino McClellan Ranch West Parking Area (Project). Plants were installed at the site by the City under the supervision of WRA. For this reason, I have prepared the following scope of work to include the five years of post- planting monitoring required by CDFW. This work will be completed primarily by WRA and will be based on work already completed during the preparation of the original HMMP, subsequent monitoring from 2018 to 2022, and the revised HMMP. This scope includes communication and coordination with CDFW during the process to ensure that the conditions of the CDFW permit are met. Starbird Consulting will also provide project management, report review, and environmental consulting services during the revision subsequent planting processes. Task 1: Habitat Mitigation and Monitoring and Reporting Years 1-5 Based on Measure 4.3 of the LSAA, WRA will conduct annual monitoring and reporting of the Project’s riparian planting success for five years after the installation of the new plantings. Annual reports discussing monitoring methodology and results will be submitted to CDFW by December 31 of each year, starting in 2023. The first round of monitoring will occur Summer 2023 to meet the December 31st deadline. WRA will prepare annual monitoring reports documenting the performance regarding standards agreed upon by CDFW from the revised HMMP. Photos from designated photo points and other relevant information pertaining to the revegetation effort, such as a summary of invasive species management actions and corrective measures taken when success criteria were not met will be included in monitoring reports. 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 Attachment A 2 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 phase include five annual monitoring reports (Years 1, 2, 3, 4, and 5) to begin in 2023. This task includes time between WRA and the City’s maintenance staff for site maintenance and irrigation coordination. Task 2: Starbird Consulting Coordination Starbird Consulting will provide environmental consulting and management services including coordination between the City, WRA, and CDFW as required for the submittal of yearly reports. If this time is not required, Starbird Consulting will only bill for the actual time spent coordinating services. ASSUMPTIONS: • If any additional years of mitigation monitoring and reporting are required beyond the standard 5-year monitoring period, that work will need to be covered under a separate Service Order. • This Service Order does not cover the cost of acquiring or planting any additional plants should success criteria not be met during the five-year monitoring period. Tasks Cost 1. Year 1-5 Monitoring (WRA new work) $47,300.00 2. Starbird Project Management (45 hours @ $225/hr.) $10,125.00 Total Contract Amount: $57,425.00 As with all of my contracts, if the entire amount shown above is not required for the work, I will only bill for work completed. Also, the above amount is for all tasks combined. Please let me know if you have any questions or 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 SO 12 MRW Parking Lot Mitigation 3.0 Final Audit Report 2023-07-07 Created:2023-07-07 By:Julia Kinst (juliak@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAUcAlyhRoB23FzUoSbzcoR3jXyoXWUNIf "SO 12 MRW Parking Lot Mitigation 3.0" History Document created by Julia Kinst (juliak@cupertino.org) 2023-07-07 - 0:02:56 AM GMT- IP address: 98.97.58.57 Document emailed to Jodi Starbird (jodi@jodistarbird.com) for signature 2023-07-07 - 0:04:12 AM GMT Email viewed by Jodi Starbird (jodi@jodistarbird.com) 2023-07-07 - 4:52:08 AM GMT- IP address: 66.249.84.226 Document e-signed by Jodi Starbird (jodi@jodistarbird.com) Signature Date: 2023-07-07 - 4:53:08 AM GMT - Time Source: server- IP address: 76.149.80.84 Document emailed to Chad Mosley (chadm@cupertino.org) for signature 2023-07-07 - 4:53:09 AM GMT Email viewed by Chad Mosley (chadm@cupertino.org) 2023-07-07 - 5:02:45 AM GMT- IP address: 104.47.73.126 Document e-signed by Chad Mosley (chadm@cupertino.org) Signature Date: 2023-07-07 - 5:42:54 PM GMT - Time Source: server- IP address: 67.160.240.158 Document emailed to Julia Kinst (juliak@cupertino.org) for signature 2023-07-07 - 5:42:55 PM GMT Document e-signed by Julia Kinst (juliak@cupertino.org) Signature Date: 2023-07-07 - 5:45:39 PM GMT - Time Source: server- IP address: 98.97.58.57 Agreement completed. 2023-07-07 - 5:45:39 PM GMT