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91-018 Planning Resources Associates - REDACT SSN IN LF 91-018 PLANNING RESOURCES ASSOCIATES 1 of 2 CITY OF CUPERTINO Addendum to Agreement between the City of Cupertino and Planning Resources Associates Exhibit A THE CITY AND THL CONTRACTOR HAVE AMENDED THIS AGREEMENT ON august s , 1997. ATTEST: Kimberly S 'th, City Clerk ��Iiolpr APPROVED AS ONLY: ,/RM _ ity Attorney Contractor Name ►7t! VALA-F v"Iu i-OELMON ca g4cb`Z Address & Telephone (44 5`1 .,`73 018 Social Security # or Tax I.D. Urban Planning & Design • Economic Analysis Transportation Planning July 2, 1997 Ms. Ciddy Wordell Department of Community Development City of Cupertino 1.0300 Torre Ave. Cupertino, CA 95014 Re: Amendment to Professional Services Contract/1-ands of the Diocese of San Jose Dear Ciddy: In accordance with our recent conversation we are requesting an amendment to our contract to increase the total fee from$49,500 to $70,000. This represents a fee increase of$20,500 as follows: A. Additional work in support of City staff regarding preparation for public hearings and additional analysis requested by staff and/or the Planning Commission..................................................... $7,000.00 B. Additional traffic analysis requested by City Public Works Director to satisfy requirements of Countywide Congestion Management Program............ $13,500,00 $20,500.00 Please be advised that to date (as of the end of June) we have billed for approximately $47,500. Please process this amendment at your earliest convenience as work on the above additional requests is proceeding in accordance with your verbal instructions. Very truly yours, Donand A. Woolfe AIA,a AICP cc: Robert Harrison 1715 Valley View Ave. 260 State Street,Suite 105 Belmont,CA 94002 Los Altos,CA 94022 (415)593-1118,Fax 593-1119 (415)9414975,Fax 949-2232 STATE FARM INSURANCE COMPANIES I POLICYtiUMBFP NOTE: DO NOT PAY. THE PREMIUM IS 47-67-7478-0 BEING PAID BY THE INSURED. BUSINESS-OFFICE DATE DUE PLFASF PAY THIS AMOUNT THIS IS FOR INFORMATION ONLY z INSURED :S U R E D : P I R O F A L 0 , L EON C E T A L !F YOU HAVE MOVED,PLEASE CONTACT YOUR AGENT DBA PLANNING RESOURCE ASSO CITY OF CUPERTINO 2765/63 N CITY HALL 10300 TORRE AV CUPERTINO CA 95014-3202 (l1laul1111ln18111111411nlln11#1111en Bill llu pill n sill 11 0621 800517200054033 897600677478002502> L_.__1 STATE FARM FIRE AND CASUALTY COMPANY RENEWAL CERTIFICATE 1 -- ,1 6400 STATE FARM DR , ROHNERT PARK CA 94926-0001 PREPARED MAR 20 95 POLICY NUMBEA DA7E DUE PLEASE FAY THIS AMOUNT j BUSINESS-OFFICE 1 � 97-67-7478-0 TO BE PAID BY INSURED INSURED:_._ _-- _-_-_---- P I R O F A L 0 , L EON C T T A L + FULL PAYMENT BY DATE DUE EXTENDS DBA PLANNING RESOURCE ASSO iPOLICY PERIOD TO MAY 22 96. COVERAGES/LIMITS SECTION I BUILDINGS- BUSINESS PERSONAL LOCATION COVERAGE A PROPERTY-COVERAGE B PREMIUM 1 ) 260 STATE ST STE 105 EXCLUDED 5 ,900 $ 98.0 LOS ALTOS CA 2 ) 2221 BROADWAY ST STE 200 EXCLUDED 5 ,900 93.0 REDWOOD CITY CA 3) 137 REDDING RD STE C EXCLUDED 5 ,900 99.00 CAMPBELL CA I 4 ) 2370 VISTA DEL MAR EXCLUDED 5 ,900 99.00 TIBURON CA I III t LOSS OF INCOME-COVERAGE C ACTUAL LOSS DEDUCTIBLES-BASIC $500 OTHER DEDUCTIBLES MAY APPLY-REFER i- 0 POLICY SECTION II BUSINESS LIABILITY-COVERAGE L 1 ,000 ,000 $ 48.0 � MEDICAL PAYMENTS-COVERAGE M 5 ,000 PRODUCTS-COMPLETED OPERATIONS (PCO) AGGREGATE 2 ,000,000 GENERAL AGGREGATE (OTHER THAN PCO) 2 ,000 ,000 FORMS , OPTIONS , AND ENDORSEMENTS $ 100.0 COVERAGE A - SPECIAL FORM 3 FP-6103 IN► LATION COVERAGE SPECIAL ENDORSEMENT FE-7315. 1 INDEX: N/A POLICY ENDORSEMENT-BUSINESS FE-6464 COVERAGE B - POLICY ENDORSEMENT FE-6506 CONSUMER PRICE AMENDATORY ENDORSEMENT FE-6205 INDEX. : 150.3 TREE DEBRIS REMOVAL FE-6451 ADDITIONAL INSURED FE-6324 See reverse side for important information affecting your insurance ` Please keep this part for your record ANNUAL PREMIUM $ 537.0 lAgent LEAL JOE CA SURCHARGE $ 3.3 Telephone 4 1 5—9 4 1-14 41 IF YOU HAVE MOVED,PLEASE CONTACT YOUR AGENT. IF THIS IS NOT List below all other State Farm policies(Auto,Late.Fire or Health) CONVENIENT, PLEASE COMPLETE THE FOLLOWING. on which premium notices should be sent to the new address. Now It tri*is a change in insured property,please see your State Farm Agent (PLEASE PRINT) 0 Mailing address change only 0 Location change I expect to be here Pot.No. C] permanent change ❑temporary change months S insured's Name Street or Rural Route Address Po; No Insured's Name 4 City St'Pray ZIplPoslal ` Pol No Toronship County Insureo's Name ❑ Inside City Limits ❑Outside City Limits Pol. No j Insured's Name I Pol,No, Insured's Name New Residence Phone No. { ) New Business Phone No. f j NOTICE TO POLICYHOLDER For a comprehensive description of coverages and forms, please refer to your policy. Policy changes requested before the"Date Prepared",which appear on this notice,are effective on the Renewal Date of this policy unless otherwise indicated by a separate endorsement,binder,or a fended declarations.Any coverage forms attached to this notice are also effective on the Renewal Date of this policy. Policy changes requested after the"Date Prepared"will be sent tL you as an amended declarations or as an endorsement to your policy. Billing for any additional premium for such change:,will be mailed at a later date. If,during the past year,you've acquired any valuable property items,made any improvements to insured property,or have any questions about your insurance coverage, contact your State Farm agent. Please keep this with your policy. i �I l 538-141,6 Rev. 1-90 Printed in U.S.A Proposc4 Amendment to Contract Subsequent to approval of the scope of services, information has been received from the City's Department of Public works that a new water supply tank would be required to provide water for domestic use and fire protection for new residences to be built on the Diocese Property. Construction of the tank potentially could have significant environmental impacts. It is therefore agreed that evaluation of a new water supply tank should be added to the scope of this Environmental Impact Report. A. Scope of Analysis The evaluation will be confined to issues related to location and construction of a 1.0 million gallon tank to provide water to new residences to be built on the Diocese Property. The following areas of potential impact to be evaluated will include: Geology/seismic Open space/parks Drainage/flooding Vegetation/wildlife Visual The evaluation will consist of: 1. Analysis by PRA staff of all potential environmental impacts 2. Analysis by selected subcontractors as needed based on the PRA staff analysis in ##1 above. 3. Review and synthesis of the results of analysis by PRA staff and subcontractors. 4. Preparation of draft environmental analysis text for inclusion in the Diocese Property EIR. Pg. 2 B. Timing This amendment will become effective upon signature by both parties. In order to seek to maintain the schedule for submittal of the DEIR, work for this analysis commenced on Feb. 23, 1994 in anticipation of approval. It is understood that this work will be compensated under this contract amendment. PRA will seek to complete the analysis within the existing ADEIR deadline of March 15. If the analysis is not complete at that time, the portion of the analysis that is available will be submitted as part of the ADEIR along with an estimate of the time required to complete the remainder of the work. C. Fee Time and materials according to the fee schedule established for the contract. It is anticipated that the fees will not exceed $10,000 unless some unusual and unexpected impacts are discovered. If such extra ordinary impacts are discovered, they will be reported to the City staff and a revised budget will be prepared for completion of the work. Approved this 1qA day of March, 1994. City clerk 1Vlayor ' Cit ttourney f , Contractor Donald A. oolfe Planning Resource Associates f • t Amendment to Contract Subsequent to approval of the scope of services, information has been received from the City's Department of Public works that a new water supply tank would be required to provide oratei for domestic use and fire protection for new residences to be built on the Diocese Property. Construction of the tank potentially could have significant environmental impacts. It is therefore agreed that evaluation of a new water supply tank should be added to the scope of this Environmental Impact Report. A. Scope of Analysis The evaluation will be confined to issues related to location and construction of a 2.0 million gallon tank to provide domestic water and fire protection for new residences to be built on the Diocese Property. The following areas of potential impact to be evaluated will include: Geology/seismic Open space/parks Drainage/flooding Vegetation/wildlife Visual The evaluation will consist of: 1. Analysis by PRA staff of all potential environmental impacts 2. Analysis by selected subcontractors as needed based on the PRA staff analysis in #1 above. 3. Review and synthesis of the results of analysis by PRA staff and subcontractors. 4. Preparation of draft environmental analysis text for inclusion in the Diocese Property EIR. o Pg. 2 B. Timing This amendment will become effective upon signature by both parties. In order to seek to maintain the schedule for submittal of the DEIR, work for this analysis commenced on Feb. 23, 1994 in anticipation of approval. It is understood that this work will be compensated under this contract amendment. PRA will seek to complete the analysis within the existing ADEIR deadline. If the analysis is not complete at that time, the portion of the analysis that is available will be submitted as part of the ADEIR along with an estimate of the time required to complete the remainder of the work. C. Fee Time and materials according to the fee schedule established for the contract. It is anticipated that the fees will not exceed $10,000 unless some unusual and unexpected impacts are discovered. If such extra ordinary impacts are discovered, they will be reported to the City staff and a revised budget will be prepared for completion of the work. Approved this 24th day of March, 1994. i City Clerk Mayor City ttorne 4 Co tractor Donald A. oolfe Planning Resource Associates City of Cupertino Addendum to Agreement between the City of Cupertino and Planning Resource Associates Exhibit A THE CITY AND THE CONTRACTOR HAVE AMENDED THIS AGREEMENT ON �-. 7 , 1994. ATTEST: - I of City Clerk Mayor APPROVED AS 'rq FORM: r `City Attorney Contractor , Name Address and telephone Social Security Number or Tax I.D. number at cu°e x � P. EXHIBIT A ''flFOA�� 10300 Terre Avenue Cupertino, CA 95014 (408) 2524505 Summary AGENDA NO. AGENDA DATE January 3, 1994 SUBJECT Information item regarding scope of work (alternatives analysis) for Diocese EIR. BACKGROUND On August 17, 1993, the City Council approved sitting a public hearing for consideration of an amendment to the General Plan on the Diocese property. The Council directed that ten alternative densities be analyzed in the Environment Impact Report (EIR). Planning Resource Associates, PRA, was hired to prepare the EIR. They will analyze all ten alternatives, but only six will receive full analysis. The analysis of the remainder will be done by interpolation. The purpose of this agenda item is to inform the City Council of this approach. DISCUSSION The ten alternatives receiving analysis in the EIR are: No project(existing built) Existing General Plan -36 units* 50 units 60 units 75 units 100 units 125 units 175 units 225 units 293 units *Slope density analysis results in 36 units, versus the 41 units previously referred to as maximum density The six alternatives receiving full analysis are shown below. (Traffic analysis will be done for all alternatives, however, since it is quanitative.) The rationale for reducing the number of alternatives receiving foil analysis is that the difference between the number of units in some of the alternatives is very small, and the difference in environmental impacts will also be small. Diocese EIR January 3, 1994 Page -2- ALTERNATIVE DWELLING UNITS LOCATION ON PROPERTY On St. Josephs Seim. On Cristo Rey Por- tion 1. Existing Gen. Plan 36 36 0 2. Existing Gen. Plan 36 6 30* Subject to Williamson 3. Mid level "Clustered" 125 125 4. Mid level "Clustered" 125 36 89 5. Diocese Alternative 220 155 65 „B" 6. "Preferred Project" 293 140 153 Alternative RECOMMENDATION The Environmental Review Conunittee reviewed this item on December 9, 1993, and concurred with this approach. No City Council action is required. SUBMITTED FOR APPROVAL: SU D FZOVAL: Robert Cowan rown Director of Community Development City anager gamm/reports/cccir r THIS IS A REVISED VERSION OF AN AMENDMENT TO THE PLANNING RESOURCE ASSOCIATES(PRA)CONTRACT FOR THE EIR. YOU PREVIOUSLY SIGNED A SIMILAR AMENDMENT,WHICH REFERRED TO A 1.0 MILLION GALLON TANK. THIS VERSION REFERS TO A 2.0 MILLION GALLON TANK,WHICH IS THE ONLY DIFFERENCE BETWEEN THE TWO VERSIONS. PLEASE SIGN THIS VERSION. THANK YOU. �h t CIDDY WORDELL 3/25/94 ' ACCOUNT NO. q90 O V CONTRACT AMOUNT $160,000 026596 AGREEMENT THIS AGREEMENT, made and entered into this;ZB.jday offtt 1993 by and between the CITY OF CUPERTINO,a municipal corporation of California, hereinafter referred to as"CITY", and Planning Resource Associates(PRA),a Consulting Firm with offices at 260 State Street, Suite 105, Los Altos, California,94022. hereinafter referred to as"CONTRACTOR"; WITNESSETH: WHEREAS, CITY desires to retain services in conjunction with an Environmental Impact Report;and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services,and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein: NOW,THEREFORE, in consideration of their mutual covenants.the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City"as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California,as presently existing,plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term"City Manager" ;hall mean the duly appointed City Manager of the City of Cupertino, California,or his designated representative. (c) The term "City Attorney"shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative- (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California,or her designated representative. 2. PROJECT COORDINATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Ciddy Word;ll hereby is designated as the PROJECT MANAGER for the City Manager,and shall supervise the progress and execution of this agreement. (b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. Donald A. Woolfe hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PROJECT DIRECTOR for any reason,the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PROJECT MANAGER. -1- • 3. DIMS OF CONTRACTOR. (a) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below: (1) See attached proposal(Exhibit A: Scope of Services)to prepare Environmental Impact Report,dated October ia, 1993 (b) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses,pay all charges and fees,and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself fully informed of all existing and future federal,state, and local laws,ordinances, regulations,orders,and decrees which may affect those engaged or employed under this agreement,any materials used in CONTRA,-:TOR's performance under this agreement,or the conduct of the services under this agreement; (3) At all times observe and comply with,and cause all of its subcontractors and employees, if any,to observe and comply with,all of said la:vs, ordinances,regulations,orders,and decrees mentioned above; (4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws,ordinances,regulations, orders,and decrees mentioned above in relation to any plans,drawing, specifications,or provisions of this agreement. (c) Release of Reports and Information. Any reports, information,data, or other material given to,or prepared or assembled by,CONTRACTOR or its subcontractors,if any,under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors if any,without the prior written approval of the City Manager. (d) Copies of Reports and Information. If CITY requests additional copies of reports,drawings,specifications or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S cost. , ) Final Report. CONTRACTOR shall provide CITY with reproducible camera-ready copy of the final report required under this agreement upon completion and acceptance of the report by CITY. U) Oualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this agreement. -2- 4. COMPENSATION For the frill performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR the total sum not to exceed One Hundred and Sixty'rhousand Dollars(S 160,000), payable as folltyws: • Retainer, payable at signing of contract $25,000 • Remainder: Fees billed on time and material basis in accordance with fee and reimbursement schedule submitted by PRA Includes sub-consultants fees 135.000 Total not to exceed$160,000 without prior approval 5. DUTIES OF CITY. City shall provide coordinating services and available background. 6. TERM. The services to be performed hereunder commenced on August 31. 1993. and shall be completed upon certification of adequacy of the Environmental Impact.Report by the City Council. 7. TEMPORARY SUSPENSION,. The City_ Manger shall have the authority to suspend this agreement,wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any pro Asion of this agreement. 8. EXTENSION OF TERM. in the event that the services called for under this agreement are not completed within the time specified above. the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. 9. SUSPENSION:TERMINATION. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty(30)days'written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONTRAC i'OR shall be paid for all services actually rendered to CITY io the date of such suspension or termination; provided. however, if this agreement is suspended ur terminated for fault of CONTRAC'►uR. CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City Manager immediately any and all copies of studies, sketches,drawings, computations. and other data,whether or not completed,prepared by CONTRACTOR or its subcontractors, if any,or given to CONTRACTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY_ CONTRACTOR. however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project contemplated by this agreement. -3- 10. INSP_ECTION. CONTRACTOR shall furnish CI'TN' aoth c`crN rcasonabic opportunity for CITY to ascertain that the services of CONTRACTOR Marc twang perfortned►s► accordance with the requirements and intentions of this agreement All ►►ork dome and Al n►aternals furnished. if any, slaall be subject to the PROJECT MANAGER's inspection,and a►pprcn'A i`h inspection of such work shall not relieve CONTRACTOR of am of its obligations to fulfill its :agreement as prescribed. 11. INDEPENDENT JUDGMENT. Failure of CITY to agree CONTRACTOR", independent findings. conclusions, or rcco_amendations.. if the same arc called for under this agreement,on the basis of difference in matters of judgment shall not be construed a:.s taiiurc.„a the part of CONTRACTOR to meet the requirements of this agreement. i?.. ASSIGNMENT, SUBCONTRACTORS�_EMPLOYI ES (a) Assi nment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign,transfer,come}. or otherwise dispose of this agreement or any right,title,or interest in or to the same or any part thereof without the prior written consent of the other party,and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and. at the option of the other pang, shall terminate this agreement and any license or privilege granted herein This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other part'. (b) Subcontractors. 1t is agreed that this agreement is for the personal sen•ices of Planning Resource Associates and cannot be performed by any other person or organization. (c) Subcontractors;Employees. CONTRACTOR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as suer, rather,all subcontractors are deemed to be employees of CONTRACTOR.and it agrees lobe responsible for their performance. CONTRACTOR shall give its personal attention to the fi►lfil,ment of the provisions of this agreement by all of its employees and subcontractors, if any,and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorc crly or improper manner, he shall be discharged immediately from the work under this agreen ent on demand of the. PROJECT MANAGER. 13. NOTICES. All notices hereunder shall be g►ven in writing and mailed,postage prepaid, by certified mail,addressed as follows TO CITY` Office of the City Clerk 10300 Torre Avenue Cupertino. CA 95014-0580 TO CONTRACTOR: Attention of the PROJECT DIRECTOR at the address of CONTRACTOR recited above. -4- 14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest,and shall not acquire any interest,direct or indirect, financial or otherwise, which would conflict in anv manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement. no subcontractor or person having such an interest wall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY It is expresslyagreed that. in the performance of the services hereunder,CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 15. INDEMNITY. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents,and employees of and from: (a) Any and all damage to or destruction of the property of CITY, its officers, agents,or employees occupied or used by or in the care,custody,or control of CONTRACTOR, caused by any act or omission, negligent or otherwise,of CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or agents. (b) Any any all claims and demands which may be made against CITY, its officers,agents,or employees by reason of any injury to or death of or damage suffered or sustained by any,employee or agent of CONTRACTOR or any subcontractor under this agreement. however caused,excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of city, its officers,agents,or employees; (c) Any and all penalities imposed or damages sought on account of',he violation of any law or regulati,)n or of any term or condition of any permit. (d) The CONTRACTOR is not responsible for the accuracy of date from sources other than his/her own or from conclusions reached as a result of utilizing information supplied by third persons. (e) The City agrees to provide legal defense to challenges to the adequacy and completeness of the Environmental Impact Report(EIR). The CONTRACTOR shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts,procedures or scope have occurred and that these errors and/or omissions were the result of the CONTRACTOR'S own work,then the CONTRACTOR shall be responsible for providing whatever remedies that may be required to make the EIR adequate and complete. 16. WORKERS'COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers'compensation or to undertake self-insurance in accordance with the provisions of that code,and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE. CONTRACTOR,at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a"B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR,but also(with the exception of workers'compensation and employer's liability insurance),CITY, its officers,agents,and employees,and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. -5- Certificates of such insurance,preferably on the forms prodded by CITY, shall be filed with CITY concurrently with the execution of this agreement or,with CITY's approval,within ten(10)days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty(30)days'written notice of such cancellation or alteration,and teat the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 18. AGREEMENT BINDING. The terms,covenants.. and conditions of this agreement shall apply to,and shall bind,the heirs,successors,executors,administrators,assigns, and subcontractors of both parties. 19, WAIVERS. The waiver by either party of any breach or violation of any term, covenant,or condition of this agreement or any provision,ordinance,or law shall not be deemed to be a waiver of any other term,covenant,condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term,covenant,condition,ordinance,or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other pa,ty of any term;covenant, or condition of this agreement or of any applicable law or ordinance. 20. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys'fees expended in connection with such an action from the other party. 21. NONDISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement because of the race,color, nat;.onal origin,ancestry, religion or sex of such person. If the value of this agreement is,or may be, Five Thousand Dollars($5,000)or more, CONTRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to complete and submit the"Compliance Report--Nondiscrimination Provisions of City of Cupertino Contracts"on the form furnished by CiTY, if CONTRACTOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon,CITY shall have the power to cancel or suspend this agreement, in whole or in part_or to deduct from the amount payable to CONTRACTOR the sum of Twenty-five Dollars($25)for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract,or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. If CONTRACTOR is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, CONTRACTOR shall be found in material breach of this agreement. Thereupon. CiTY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACTOR the sum of Two Hundred Fifty Dollars($250)for each calendar day during which CONTRACTOR is found to have been in such noncompliance as damages for said breach of contract,or both. -6- 22. AGREEMENT CONTAINS ALL UNDERSTANDING& This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior nc> nations, representations,or agreements.either written or oral. This document may be amended only by written instrument,signed by both CITY and CONTRACTOR. All provisions of this agreement are c.xpmWy made conditions. This agreement shall be governed by the laws of the, State of California. IN WITNESS WHEREOF,CITY and C'OMIRACTOR have executed this agreement the day and year first above%Tittcn. ATTEST: CITY OF CUPERTINO City Clerk Mavor APPROVED AS TO FOIjdGi: City tt&n . J+ f Contractor Namc 222( Zoo Address Telephone . - Social Security number or Tax I.D. number g/mm/misc/prat -7- Oct. 19, 1993 Scope of Services -- EIR of Diocese Property. It is anticipated that the alternatives analysis investigation will have an importance far greater than in most EIR's. Analysis of the alternatives will require, essentially, a preliminary planning analysis of the site. This includes working with preliminary information regarding constraints, as well as specification and evaluation of alternatives far beyond those found in a typical EIR. The scope of work reflects this necessity for detailed design and subsequent refinement of alternatives as a critical, early, component of the total EIR. The findings from this analysis will then be incorporated into the format of a standard EIR to ensure that all the CEQA requirements are met. The scope of work also calls for use of computer modeling of visual imracts as a means to ensure the best visual impact analysis now technically available for an EIR of this level of detail. WORK TASKS A. Technical Analysis 1. Review information available concerning the site and the proposal from the Diocese, including exact acreage and parcels involved. 2. Based on the review and consultation with City staff, determine: Adequacy of the information available. Specify additional information that will be needed to complete the DEIR. Identify which items of information will be provided by: City Staff PRA Subconsultants to PRA 3. Analysis of Alternatives Pg.2 PRA will analyze the impacts of The Project and up to a maximum of the eighteen combinations of alternatives identified below. Illustrative Sketch Plans (ISP) will be prepared by the applicant's architect under direction of PRA for up to ten of the alternatives (identified with an asterik in the table which follows) for use in the visual impact analysis and open space analysis. These Illustrative Sketch Plans will include general location of dwelling units on the site, identification of the general form and volume of the units, and location of access roads in only enough detail to identify the impacts of development at these locations on the environmental factors to be evaluated in work item "c" in Analysis of Alternatives. It is explicity understood that these ISP's need not provide a level of detail sufficient to reach detailed judgements on specific building sites, but rather are to be designed to identify the impacts of development at the general locations on the property selected for examination. The purpose of preparing the ISP's is not to redesign the Applicant's proposal. Rather the purpose is to explore what other alternatives may be possible and to compare these additional alternatives to the proposed project. The alternatives potentially to be evaluated are listed below. Those with an asterik would have an JSP prepared. Alternative Number of Designed to retain 90% open space' Dwelling Units Yes No "No Build" 0 x "No Project" (TBD by analysis) x* x* (Existing General Plan Policies) 50 x x 60 x x 75 x* x* 100 x x 125 x* x* 175 x x Alternative"A" 225 x* Alternative"B" 225 x* "The project" 293 x* x* Pg.3 Procedure for Analysis of Alternatives 3.1 Agree on scope of work for the analysis. Confer with City Staff, representatives of Diocese and other major interested groups for their insights and data. 3.2 Identify environmentally suitable locations for potential development. 3.2.1 Review constraints maps and data City's map Diocese's map Other sources Prepare preliminary constraints map based on analysis and examination of data from all sources available at the onset of the investigation. 3.2.2 Use preliminary constraints map to eliminate major constraint areas from consideration 3.2.3. Select preferred areas for development Cuuseered alternatives Noel-clustered alternatives 3.3 Prepare Illustrative Sketch Plans for housing alternatives. Plans will include information on: 3.3.1 Locations of buildings 3.3.2 Building volumes 3.3.3 Access roads 3.3.4 Vegetation Existing vegetation only. Five year new plantings (for no more than three alternatives). Pg.4 3.4 Evaluate The Project and the alternatives. Identify the impacts and the significance of the impacts upon the following factors: Visual Geologic and Seismic Hazards Natural Resources and Parks Drainage and Flooding Vegetation and Wildlife Transportation Noise Historical and Archaeological Health and Safety Fire equipment access and egress PG+E transmission lines and substation Air Quality impact from nearby Kaiser facilities and from increased traffic from residences. Public Facilities Schools 3.5 Identify significance of impacts. The procedure will be to determine whether any significant impacts would result from construction of The Proposal and from the alternatives, starting with the largest and work;ng toward the smallest development alternatives. Once a level of no significance is reached for any environmental factor, the analysis of that factor will be concluded. 3.5.1 Evaluate the impacts and determine significant impacts of The Project first. 3.5.2 Evaluate the significant impacts of the alternatives for which Illustrative Sketch Plans have been prepared. 3.5.3 Use results from evaluation of the Illustrative Site Plans rather than a separate full analysis to evaluate the impacts and significance of the remaining alternatives (i.e. 175,100, 60 and 50 d.u.'s) Pg.5 3.6 Review the preliminary constraints map in light of the impact findings from the various environmental factors. Revise the constraints map as needed. 3.7 Prepare mitigation measures for each alternative as required based on the impacts identified. 3.8 Summarize the significant and cumulative impacts from The Project and the alternatives. 3.9 Incorporate the results of the alternatives analysis into the format of the EIR. B. Document Production and Review 1. Establish the format for text, tables and graphics to be incorporated into the environmental. document. 2. Coordinate work of all parties and prepare an initial Administrative Draft of the EIR (ADEIR). Review ADEIR with City Staff. 3. Make changes as required and prepare Draft EIR for distribution and comment. Present the DEIR and answer questions at public hearings. 4. City Staff will keep record of all comments on the DEIR. 5. Summarize and prepare response to all comments on DEIR. 6. Revise EIR as needed and prepare Final EIR. 7. City Staff will be responsible for printing the DEIR and FOR from originals to be supplied b; ''RA. m7OCT-20-98 WED t6 :49 DONSKINNER 4883775646 P.02 Pg.6 Additional Analysis and Products. Analysis of additional factors, alternatives and preparation of additional products, including: Additional work identified to be done as a result of the scoping meeting in item "3.1" in the Alternatives Analysis, and Work identified as More Detailed Analysis in Appendix I, and Additional work to make the EIR conform to the new Master EIR law, will be undertaken as extra work on a time and materials basis to be agreed upon at the time the work is assigned. Master EIR PRA will seek to prepare the EIR in a manner that conforms with the new Master EIR law enacted in the 1993 Ugislative Session (Public Resources Code Section 21156 et.seq.). The language of the legislation will be reviewed to determine the probable requirements of future implementing regulations. If implementing regulations are available prior to EIR certification, the EIR will be reviewed to determine what changes, if any, are needed to make it conform to the new Master EIR law. It is understood that if substantial changes in the EIR are required at that time, PRA, will present the changes and the estimated costs to the City and the Diocese for review and approval prior to making the changes to the work scope and the fee arrangement. Meetings This scope of services includes up to four public hearings and four meetings with interested groups and parties. Any additional public meetings or hearing will be billed at the regular billing rate, not to exceed $400 per PRA participant per meeting. OCT-20-93 WED 16 :49 DON'�KINNER 4883775646 P. 03 Pg.7 Schedule The Administrative Draft EIR will be ready for review by the end of the thirteenth week following signing of the contract. Time Period of the Contract This contract shall remain in effect until completion of all tasks included in this scope of services or for a period of twelve months from signing of the contract. If all tasks have not been completed at that time, the timing and fees for the completion of the work shall be determined by mutual agreement. Budget The tasks identified in the scope of services will be completed on a time and materials basis, according to the fee schedule submitted to the City by PRA. The costs shall not exceed $160,000 including costs of subconsultants to PRA. It is understood that reduction in the number of alternatives, identified in the Technical Analysis section, will result in a reduction in the fee to complete the work. Payment Schedule Retainer, payable at signing of contract, and applicable to the final payment -- $25,000 Hills for time and materials will be submitted monthly, payable with;n 30 days. Pg.A-1 Appendix I- Procedure for Imepact Analysis 1. Visual Illustrative Sketch Plans (ISP) Alternatives Representations of proposed development alternatives will be imposed on photos of the existing site through computer imagery for each alternative for which an illustrative site design (ISP) has been prepared. Representations will be prepared for up to five viewing points for The Project and each alternative. In addition, "Story Poles" temporarily placed on the sites will also be used to help identify the visual impact of potential residences. Non-ISP Alternatives A text statement will discuss the probable visual impacts, based on the impacts identified in the ISP alternatives nearest in size. 2. Geologic and Seismic Hazards All Alternatives All known geologic and seismic hazard information concerning the site will be identified and represented on the Constraints Map. Test borings will be undertaken as may be necessary. Narrative text will explain the map information. Basic Analysis will consist of reports and data on the site. If borings or more intensive investigation is found to be needed, a More Detailed Analysis will be required.which will be beyond this scope of work. Pg.A-2 3. Natural Resources and Parks ISP Alternatives The site, The Project and the alternatives will be analyzed to identify the impacts of development on the adjacent park lands including trail access, and impacts on loss of agricultural land. The analysis will examine potential recreational assets on the Diocese property that could enhance the use of the adjacent park lands including both active and visual open space., The increased demand for recreation facilities added by the new residents will be examined. The analysis will also examine the potential impact of altering stream beds. Non-ISP Alternatives The impacts will be described in text narrative by comparing the alternatives to the visual impacts identified on maps of the ISP alternatives closest in sizes. 4. Drainage and Flooding All Alternatives The runoff impacts from development will be calculated and potential areas of flooding will be identified on the Constraints Map. This will include impacts of runoff of lawn care chemicals and possible implacts of extensive grading. 5. Vegetation and Wildlife All Alternatives All known vegetation and wildlife information concerning the site will be identified and represented on the Constraints Map Narrative text will explain the map information. The impacts of development on vegetation and wildlife will be analyzed. Special attention will be paid to understanding the needs to retain continuous, linked, open spaces to maintain the movement and viability of wildlife living on the site and in the adjacent park lands Basic Analysis will consist of an inventory of the entire site. If rare and endangered species are found on the site, a More Detailed Analysis will be required.which will be beyond this scope of work. b. Transportation Pg.A-3 All Alternatives The analysis will consist of: (1) identifying the current traffic generated and any parking problems on the site from both the Forum project and the County park, (2) determining the additional trips to be generated by the alternatives and impact of those trips on three critical intersections in Cupertino and at two intersections at the ramps to I280 in Los Altos. Impacts will also be evaluated for I280, local transit, bicycle and hiking trails. The number of trips may be affected by the number, density and type of dwelling units specified in the alternatives. 7. Noise All Alternatives The noise analysis will consist of identifying major sources of external noise that could affect enjoyment of residences built on the site. The noise contours will be placed on the Constraints Map. The analysis will also examine the potential impacts of any construction-related noise on existing residential areas located on or near the site. 8. Historical and Archeological All Alternatives All known historical and archeological information concerning the site will be identified and represented on the Constraints Map which will identify the impacts of new development. Narrative text will explain the map informattion. Basic Analysis will consist of an inventory of the entire site. If any significant indications of unique historical or arche000gical importance are found on the site, a More Detailed Analysis will be required which will be beyond this scope of work. Pg.A-4 9. Health and Safety 9.1 Fire Equipment Access and Egress ISP Alternatives Access to the site and alternative exits from the site in the event of fires will be investigated. The general location of additional roads required for emergency access or egress for each alternative will be identified by the City Staff and expressed in map and text form. Non-ISP Alternatives Needs for emergency access or egress will be discussed in text form based on the analysis in ISP alternatives closest in size. 9.2 PG+E Facilities All Alternatives The probable impact area of the transmission lines and the PG+E substation will be identified on the Constraints Map. 9.3 Air Quality All. Alternatives The probable impact of air quality emmissions from the Kai.-er Permanente operations immediately to the west of the site will be evaluated and identified on the Constraints Map, along with possible air quality impacts of increased traffic. 10 Public Facilities 10.1 Schools All Alternatives The analysis will consist of identifying the additional school age children generated by the alternatives and impact of those children on schools in the Cupertino Union and Fremont Union High School District. The number of children may be affected by the density and type of dwelling units specified in the alternatives. Pg.A-s Il. Cumulative Analysis The cumulative analysis will incorporate all known projects as well as all reasonably forseeable future projects. The possible further development of the County and Open Space District parks and potential urban development of the Raiser Permanente property immediately to the west will be included. of Cuperti"o 10300 Torre Avenue Cupertino,CA W14-3255 Telephone: (408)252-4505 FAX: (408)252-0753 DEPARTMENT Of THE CITY CLERK October 29, 1993 Planning Resource Associates 260 State Street, Suite 105 Los Altos, California 94022 We are enclosing to you for your files and information one (1) copy of the agreement by and between the City of Cupertino and Planning Resource Associates, which has been fully executed by city officials. Your agreement shall begin on 08/31/93 and shall be completed upon certification of adequacy of the Environmental Impact Report by the City Council. Thank you for your services. Sincerely, - Cs J KIM M. SMITH CITY CLERK KS/cs Encl. cc: Department of Community Development MEMO TO: Kim Smith FROM: Ciddy Wordell SUBJECT: Contract with PRA for Environmental Impact Report The intent of the contract with PRA is that agreement was reached on October 22, 1993,the date PRA signed it,so that date is the effective date of the contract. The contract itself,on page 3,item 6,states that it commenced on August 31, 1993,which is when they began work, but no contract was signed at that time. The Teason this distinction is important is because the administrative draft of the EIR is promised for 13 weeks after signing of the contract,which is October 22. We will be amending the contract for other reasons in the future,and we can amend that date if need be. In the meantime,this memo serves as a clarification of the intent. AOOOLPi NO. OCNTRACr AT40M $ 29,500 ATr THIS Ate, made and entered into this -L day of '5:,C � .,; ,1991, by and between the CITY OF CUPEWM, a municipal corporation of California, hereinafter referred to as "CITY", and Planning Reserve Associates, a Planning Omisulting Firm with offices at 260 State Street, Suite 105, Los Altos, California 94022, hereinafter referred to as "CON TRACTOR"; WI7NES.SE7I : WAS, CITY desires to retain services in conjunction with an khvixonmeni-al Impact Report; and WHEREAS, CITY desires to engage CWMCMR to provide these services by reason of its qualifications and experience for perterming such services, and C'WTRACMR has offered to provide the required services on the terms and in the manner set forth herein; Ned, THEREECIRE, in consideration of their mrtual covenants, the parties hereto agree as follows: 1. DEEINITIQQS. (a) The word "City" as used in this agent shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, Plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Ca4pertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. 2. PRWErr COORDI a ON. (a) Ci . The City Manager shall be representative of CITY for all pnposes under this agreement. Ciddy Wordell hereby is designated as the PRWECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement. (b) Contractor. CC?rRACTOR shall assign a single PRWEcr DIRE= to have overall responsibility for the progress and emotion of this agrz:imnent for CCMRACIM. Donald A. Woolfe hereby .is designated as the PROJECT DIRECICR for CMfntACICR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PFD►TDCT DIRDC= for any reason, the PROTECT DIRBCICJR designee shall be subject to the prior written acceptance and approval of the PRWECT MANAGER. 3. DUTIES OF COWRACIOR. (a) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below: (1) See attached proposal (Exhibit A: Scope of Services) to prepare an Envirormental Impact Report, dated May 14, 1991. (b) Laws to be Observed. ODNTRACIOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CON RACIOR's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and fly with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PROTECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or pravis.ions of this agreement. (c) Release cif Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors, if any, under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager.. (d) Copies of Reports and Trrformation. If CITY requests additional copies of reports, drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this agreement, CONTRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACIOR'S cost. (e) Final Report. CONTRACTOR shall provide CITY with one reproducible camera-reedy copy of the final report required under this agreement upon completion and acceptance of the report by CITY. (f) Oualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this agreement. -2- 4. t]t ENSATTON. For the full performance of the services described : herein by COMMAC'ICJR, CITY shall pay COMIRACIOR the total shun of Twenty-Nine 'thousand, Five Hundred Dollars ($29,500.00) payable as follows: * Start Up Fee $ 8,000 * Review of City Prepared Work 2,000 * Submission of IEE 9,000 * Submission of DEIR 5,000 * Response to Comments & Final EIR 2,500 * 10% Whithhold Due/Payable Within 30 days After Final EIR Certified by City 3.000 $ 29,500 5. UMES OF CITY. City shall provide all General Plan data, graphics, and text. 6. TERM. The services to be performed hereunder shall commence on August 19, 1991, and shall be completed upon certification of adequacy of the Environmental Iripact Report by the City Council. 7. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary' due to unfavorable conditions or to the failure on the part of the CONfRACIOR to perform any provision of this agreement. 8. EXTENSION OF TE 4. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either party. 9. SUSPENSION; TERKIMTION. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt: o:F such notice, CA?MCDOR shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONl.1tACIOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of JDNI`RACIOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONMCIOR'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City Manager imrediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed., prepared by CON RACIOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY"s use of incomplete materials or for CITY's use of complete doczments if used for other than the project contemplated by this agreement- -3- 10. INSPBMON. COtMACMR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CCMRACIK)R are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PRWBCT MAN aE R's inspection and approval. The inspection of such work shall not relieve CDNMCMR of any of its obligations to fulfill its agreement as prescribed. 11. INDEPENDEUr JUDGMEPr. Failure of CITY to agree with COrTI'RACIOR's independent findings, conclusions, or reccom ndaticyns, if the same are called for under this agreement, on the basis of differciice in matters of judgment shall not be construed as a failure on the part of CON RACMR to meet the requirements of this agreement. 12. ASSICNMWr; SUBCONTRACTORS; EMPLOYEES. (a) Assigrm►ent. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and Conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors. It is agreed that this agreement is for the personal services of Planning Resource Associates and cannot be performed by any other person or organization. 13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk P. 0. Box 580 Cupertino, CA 95014-0580 TO CDNTRAC IOR: Attention of the PRWECT DIRE= at the address of CONTRACTOR recited above. 14. INTEREST OF CDNrRACrOR. CONTrRACMR Covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services header. ODNrIRACTOR further covenants that, in the performance of this aft, no subcontractor or person having such an interest shall be employed. CQNIRACIOR Certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONIRACMR shall at all times be deemed an independent contractor and not an agent or employee of CITY. -4- 15. INDEMNITY. OOMMCIOR hereby agrees to indemnify and save harm]less CITY, its officers, agents, and employees of and from: (a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of COtMACMR, caused by any act or omission, negligent or otherwise, of OONfRACmR or any subcontractor under this agreement or of CO mcTc)R's or any subcontrac,-tor's employees or agents. (b) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONPRACIOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (c) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. (d) The CONIRACIOR is not responsible for the accuracy of date from sources other than his/her own or from conclusions reached as a result of ulitizing information supplied by third persons. (e) The City agrees to provide legal defense to challenges to the adequacy and completeness of the Environmental Impact Report (E IR) . The COMRACIOR shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that errors of facts, procedures or scope have occurred and that these errors and/or caaissions were the result of the CONTRACTOR'S own work, then the CONTRACTCR shall be responsible for providing whatever remedies that may be required to make the EIR adequate and complete. 16. WORKERS' CWENSATION. CORMCIIOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will omply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance) , CITY, its officers, agents, and employees, and each of them with respect to activities and services perforned by CONI'RACIOR for or on behalf of CITY under the provisions of this agreement. -5- Certificates of such insurance, preferably on the forms provided by CITY, skull be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional .insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 18. AGREEMEIr BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 20. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 21. NONDIscmR TION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, CONTRACIOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to ccuplete and submit the "Compliance Report—Nondiscrimination Provisions of City of Cupertino Contracts" on the form furnished by CITY. If CONIRACIOR is found in violation of the nondiscrimination provision.-, of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONIRACTOR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment Practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. -6- s If CoNn2AMM is found in violation of the nondiscrimination provisions of this aunt or the applicable affirmative action guidelines pertaining to this agressent, CONIRACIM shall be found in material breach of this agreement. mere pon, CITY shall have the poorer to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CCMRACICR the sane of Two Hundred Fifty Dollars ($250) for each calendar day during which oDH'rRAC= is found to have been in such noncompliance as damages for said breach of contract, or bath. 22. ACC ITS ALL [AVDEItSTA M This document represent--3 the entire and integrated agreement between CITY and MRAC-M and supersedes all prior negotiations, representations, or agreemmTts, either written or oral. This document may be amended only by written instrument, signed by both CITY and coN'PRACIC?R. All provisions of this agreement are expressly made conditions. This agreenent, shall be governed by the laws of the State of California. -7- IN WITNESS WHEREOF, MY and CORMCIOR have executed this agreement the day and year first above written. ATTEST: CM OF CUPEMMNO mayor City Clerk APPROVED AS TO FORK: City ity n-iey Contractor� //Pr -t--,p onLA I ,e-I NCI Name PPAL 2-60 Address (I-IS) Telephone - Social Security number or Tax I.D. number misc/nexusagr EXHIBIT A - SCOPE`:®F SMMICES PROPOSAL TO PREPARE THE ENVIRONMENTAL IMPACT REPORT FOR THE AMENDMENTS TO THE CITY OF CUPERTINO GENERAL PLAN OUR UNDERSTANDING OF THE WORK Overview The City of Cupertino is proposing to amend its General Plan and wishes to engage a professional consultant to prepare the Environmental Impact Report (EIR) on the General Plan amendments. The City will prepare and provide all of the technical work necessary to support the EIR analysis, and the Consultant will organize the technical analysis into the format of an EIR. The Consultant will advise the City if the technical analysis is not adequate for an EIR and the City will prepare or have prepared by others, the additional analysis as needed to meet the requirements of the California Environmental Quality Act(CEQA). The Process The City intends to prepare and evaluate four alternative land use plans as part of, the General Plan amendment process. From this evaluative process, the City intends to select a preferred plan alternative. The central core of this evaluation is the use of the environmental assessments which are part of the formal EIR process, in order to identify the preferred alternative. We recognize the value of the City planning staff's approach of utilizing the CEQA process in the selection of the final General Plan alternative. Our experience indicates that this is a unique approach, since the EIR process is most often used as an "after-the-fact" aplication in order to justify prior decisions. In response to this concept, we are suggesting the preparation of an Initial Environmental Evaluation (IEE) as part of the EIR process, and as a substitute for the typical Administrative Draft Environmental Impact Report (ADEIR). The IEE would be used by the City as a background planning document to be reviewed by both the staff and Planning Commission as part of their considerations of the selection of the preferred alternative. When the preferred alternative is selected, the IEE will be modified to incorporate it as the "project" and the Draft EIR (DEIR) will be prepared by PRA. The previous hypothetical development alternatives will be treated as alternatives to the project in the DEIR. Final action by the City Council on the preferred alternative, and the response to comments received on the DEIR will be incorporated into the document by PRA to produce the final EIR. THE PLANNING RESOURCE ASSOCIATES TEAM Planning Resource Associates' (PRA) expertise includes the full range of land use, environmental, housing, transportation, urban design and infrastructure planning and programming. We are a consortium of senior professionals whose individual skills blend together to provide both public and private sector clients with a wide range of experience tailored to the specific demands of individual projects. Each project is under the direction of a managing principal who is responsible for the effective execution of individual contracts. Depending on the nature of the work, PRA forms a project team composed of selected senior level associates who provide relevant expertise. Proposals are carefully tailored to the needs of individual clients, taking into consideration the political and organizational environment in which the services are to be offered. Teams are formed which best match skills, expertise, and experience with the work to be performed. The principals that will work on the General Plan EIR have been carefully selected to assure a fully professional analysis of the issues and opportunities facing the City. Each of our principals is a highly qualified professional with twenty-five or more years of experience in the planning field (see Statements of Qualification). Each of us have both public and private sector experience. We all have been Planning Directors or have held positions of comparable responsibilities with public agencies. Further, we perform virtually all of the professional work, while our paraprofessionals provide necessary clerical, data collection and graphics assistance. This allows us to assure clients that our work is consistently of high professional quality, is prepared with sensitivity to public processes and decision-making, and is completed on time and within budget. When our clients retain PRA they are also assured that the experienced pricipals they have initially interviewed are the same professionals who will perform the substantive work. Finally, all PRA principals have excellent track records in working with citizen's groups, committees, boards and commissions. We believe that the 2 authentic involvement of the people affected by planning programs or .development projects is necessary for the successful completion and implementation of these programs. We believe that the depth and breadth of our experience qualifies us to provide professional services for the City of Cupertino for the preparation of the proposed General Plan EIR. We have participated in the preparation of several General Plans and a variety of environmental documents including environmental assessments (analyses) and EIRs. Therefore, we understand both the general plan and EIR preparation processes. We believe t'iese skills and experiences are most important in the context of pr%paring an environmental analysis of general plan alternatives. OUR APPROACH We believe that close contact between the City Staff and the PRA team is important to the success of this approach to amending the General Plan and to preparing the EIR. General Plan amendments are inherently controversial and will require close supervision by the Staff and PRA. The process proposed by the City which incorporates the preparation of the EIR into the General Plan amendment process means the EIR itself will likely be controversial and therefore must be prepared with the greatest care. The broad and extensive planning experience that PRA brings to this project will greatly assist the process to move smoothly. All the senior professionals of the PRA team have been personally involved in the preparation of General Plans and have been responsible for the EIRSs on these Plans as well as EIRs for other projects. When the EIR is made part of the General Plan amendment process, as is proposed by the City, the EIR becomes much more than just a technical analysis or legal document. The EIR must express all of the sensitivities which are inherent in any successful General Plan amendment process. The experience of the PRA team will ensure that the EIR on the Cupertino General Plan amendment process will not be handled as just another EIR but, rather, will be treated as an integral part of the delicate process needed to effectively amend the City's General Plan. In preparing the EIR for the General Plan amendments, we will: 1. Assess the adequacy of the information provided by the City in in terms of utility, for preparation of an adequate and complete EIR 2. Package the Staff's work and edit as necessary to conform with CEQA requirements. 3 3. Assist the Planning Staff to identify strategies which could avoid unnecessary controversy and could result in a more efficient General Plan amendment and EIR process; 4. Be available on an immediate call basis for consultation with Planning Staff, and; 5. Attend those meetings of the Planning Commission and City Council which are relevant to the EIR process. WDRK TASKS 1. Identify deficiencies, if any, in City Staff prepared data, to include the need for additional alternatives, refined mitigation measures or additional supporting data. 2. Shape the technical analysis of the four developoment alternatives as developed by City Staff into the required CEQA format. 3. Prepare IEE, for review by the Staff and Planning Commission, which will include supplementing the City Staff's analysis for the following EIR topical requirements: • Significant Effects Which Cannot be Avoided if the Project is Implemented; • Relationship Between Local Short Term Uses of Man's Environment and the Maintenance and Enhancement of Long Term Activity; • Any Significant Irreversible Environmental Changes Which Would be Involved in the Proposed Action Should it be Implemented; • The Growth Inducing Impact of the Proposed Action; • Effects Not Found to be Significant; • Secondary Impacts. 4. Prepare DEIR for public review. 5. Prepare Response to Comments on the DEIR. 6. Prepare Final EIR. The FEIR will incorporate the response to 4 comments and the action of the City Council to approve the General Plan amendments. PRQDUCTS Three versions of the EIR document will be produced by PRA. These are: 1. Initiai Er_c 1ronmental Evaluation (IEE) This will serve as a substitute for the traditional administrative Draft EIR to allow review by both Staff and Planning Commission. This document will incorporate the technical analysis prepared by City Staff for the four hypothetical development altern;tives. The information will be presented in the format of an EIR but there will not be an identified preferred alternative. The IEE will be used by the City as a background planning document to be reviewed first by the Staff and, later, presented to the Planning Commission together with Staff's comments. 2. Draft Environmental Impact Report (DEIR) The DEIR will use a preferred alternative (which may be one of the four originally proposed, or a variation thereof) as identified by the Planning Commission as the "EIR Project." All remaining alternatives will be treated as required alternatives to the project. The DEIR will be a complete CEQA document intended for circulation to the public. 3. Final Environmental Impact Report WEIR) The Final EIR will incorporate the comments received on the DEIR and the responses to these comments as well as the final action of the City Council on the General Plan amendments. SCHEDULE The EIR will be developed in accord with the City's tentative schedule as presented in the Scope of Work statement. This requires the following: IEE to be complete in October , 19 91; DEIR to be complete in December , 1991; FEIR to be complete in March , 1992 ; The schedule is optimistic for each of the products. The Initial Environmental Evaluation is dependent on the timing and quality of the 5 technical analysis prepared by the City. If the technical analysis is not adequate, or if it is not completed in a timely manner, it will not be possible to meet the above schedule. As the above schedule is extremely compressed, delay in the work needed for the IEE will, in turn, delay each subsequent product. BUDGET This proposal requires the PRA team to review City provided technical analysis for adequacy as input to the EIR. Since the exact nature of the City provided material is not known at this time, it is difficult to determine a precise level of effort which may be required to adapt this work to the format and legal requirements of an EIR. In addition, without the first round of public comment it is not clear how extensive the work effort may need to be in responding to comments received on the DEIR. Based on our experience elsewhere, General Plan and EIR work often exceeds initial time and level of effort estimates. This is frequently the case because of the typically controversial nature of the General Plan and is not related to the quality of the work efforts by the Staff or its Consultants. Because of the uncertainty mentioned above, the estimated budget below is based on two major premises. 1. All work provided by the City is complete for use h-i the EIR. If it is deemed that said work is not adequate, the City will provide additional or revised work. 2. _All information is provided on a timely basis. 6 f MAJOR WORK ELEMENTS ESTIMATED COSTS A) Review and Adaptation of City provided $8,000 Technical Work 1. Land Use Development Alternatives 2. Transportation 3. Economic r 4. Utilities/Public Service 5. Parks, Ope-a Space and Natural Environment 6. Air Quality 7. Housing 8. Mitigation Measures B) Preparation of IEE, DEIR, and FEIR, $16,500 to include: r1. Introduction 2. Project Description 3. Environmental Setting 4. Environmental Analysis", including Mitigation Measures A. Land Use B. Transportation C. Economic D. Utilities/Public Services E. Parks, Open Space, and Natural Environment F. Air Quality G. Housing 5. Long Terms Impacts 6. Alternatives C) Preparation of the Response to Comments $5,000 Total Estimated Costs $29,500 1 The estimated costs above include: 1) all meetings with the City Staff that are necessary to maintain a close working relationship with the Staff; 2) attendance at up to six public meetings of the Planning Commission and City Council; 3) provision of five (5) copies of the IEE for review by the Staff and submittal of one (1) camera-ready copy of the DEIR and FEIR for reproduction j by the City. 7 ACCOUNT NO. CONTRACT' AMOUNT a 77 AGREEMENT THIS AGRERvMJT, made and entered into this 22nd day of May, 1991, by and between the CITY OF CUPEFUINO, a municipal corporation of California, hereinafter referred to as "CITY", and Planning Resource Associates, a Planning Consulting Firm with offices at 260 State Street, Suite 105, Los Altos, California 94022, hereinafter referred to as "CONTRACTOR"; WITNESSE'TH: WHEREAS, CITY desires to retain services in conjunction with a Housing Nexus Study; and WHEREAS, CITY desires to engage CONTRACTOR to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. 2. PROJECT COORDINATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. Marilyn Norling hereby is designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement. (b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. Leon C. Pirofalo hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this agreement require a substitute PRDJEC.T DIRECTOR for any reason, the PROTECT DIRECTOR designee shall be subject to the prior written acceptance and approval of the PRO= MANAGER. -1- 3. DUTIES OF CONPRACTOR, (a) Services to be Furnished. CONTRACTOR shall provide specified services as set forth in the attached Exhibit A, "To Conduct A Study To Examine The Relations1hip Of Land Use And The Creation of Additional Housing Need." (b) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONIRACDOR under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect these engaged or employed under this agreement, any materials used in CONTRACTOR's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PRCa=- MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors, if any, under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors, if any, without the prior written approval of the City Manager. (d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this agreement, CONI'RACPOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S cost. (e) Final Report. CONTRACTOR shall provide CITY with five copies of an administrative draft of each of the Phase I and Phase II Reports and ten copies of the final Phase I and Phase II Reports, plus one reproducible camera-ready copy of the final Phase I and Phase II Reports (which the City may use to reproduce additional copies if desired) , upon completion and acceptance of the reports by the CITY. (f) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACIOR, CM shall pay OONTRACTOR the total sum of Twenty-Four Thousand, Seven Hundred and Fifty Dollars ($24,750.00) , payable as follows: -2- * Start Up Fee $ 6,000 * Submission of Phase I Report 8,000 * 10% Withhold** 1,235 * Submission of Phase II Report 8,280 * 10% Withhold** __1.235 $ 24,750 **Due and Payable Within 30 Days After Acceptance of Report 5. DUTIES OF CITY. City shall provide all specified services as set forth below: (a) Provide information reports, maps as requested by consultant. (b) Reproduction of final report. 6. TERM. The services to be performed hereunder shall camnence on May 22, 1991, and shall be ecnrpleted by September 30, 1991. 7. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this agreement. 8. E<<rENSION OF TERM. In the event that the services called for under this agreement are not completed within the time specified above, the City Manager shall have the option to extend the time for completion. This paragraph does not preclude the recovery of damages for delay by either. party. 9. SUSPENSION;, TERMINATION. (a) Right to or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this agreement. (b) FaytttPnt. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONTRACTOR'S services whichh, are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of ecmplete documents if used for other than the project contemplated by this agreement. -3- 10. INSPE)MONI. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in affiance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER's inspection and approval. The inspection of such work shall not relieve COUMMOR of any of its obligations to fulfill its agreement as prescribed. 1.1. INDEPEBdDENr JUDGMERr. Failure of CITY to agree with CONTRACTOR's independent findings, conclusions, or reaoim endations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement. 12. ASSIQNMERr• SUBCONTRACTORS• EMPLOYEES. (a) Assiarnment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terns and conditions as the other party may require. A consent to one assignment shall not be deemed to be a consent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors. It is agreed that this agreement is for the personal services of Planning Resource Associates and cannot be performed by any other person or organization. 13. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk P. O. Box 580 Cupertino, CA 95014-0580 TO CONTRACTOR: Attention of the PROJECT DIRECTOR at the address of CONTRACTOR recited above. 14. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, .financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONIRACMR further covenants that, in the performance of this agreevent, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall. at all times be deemed an independent contractor and not an agent or employee of CITY. -4- 15. INDEMNI Y. CONTRACTOR hereby agrees to indemnify and save harmless CITY, its officers, agents, and employees of and frcin: (a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONTRACTOR, caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of ODNTRACTOR's or any subcontractor's employees or agents. (b) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of CITY, its officers, agents, or employees; (c) Any and all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any infringement or alleged infringement of any patent rights or claims caused or alleged to have been caused by the use of any apparatus, appliance, or materials furnished by CONTRACTOR or any subcontractor under this agreement; and (d) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. CONTRACTOR, at its own cost, expense, and risk, shall defend any and all suits, actions, or other legal proceedings that may be brought or instituted by third persons against CITY, its officers, agents, or employees on any of the above claims or demands of such third persons, or to enforce any of the above penalties, and pay and satisfy any judgment or decree that may be rendered against CITY, its officers, agents, or employees in any such suit, action, or other legal proceedings. 16. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 17. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance) , CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. -5- Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be cancelled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 18. AGREEMENr BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 19. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of t1-.is agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of ary subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either panty of any fee or other money which may become due hereunder shall not be rieemed to be a waiver of any preceding breach or violation by the other party (:t any term, covenant, or condition of this agreement or of any applicable law or ordinance. 20. 00= AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other pasty. 21. NONDISCRUiM ATION. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. If the value of this agreement is, or may be, Five Thousand Dollars ($5,000) or more, COITIRACTOR agrees to meet all requirements of the Cupertino Municipal Code pertaining to nondiscrimination in employment and to complete and submit the "Compliance Report--Nondiscrimination Provisions of City of Cupertino Contracts" on the form furnished by CITY. If CONTRACDOR is found in violation of the nondiscrimination provisions of the State of California Fair Employment Practices Act or similar provisions of federal law or executive order in the performance of this agreement, it shall thereby be found in material breach of this agreement. Thereupon, CITY shall have the power to cancel or suspend this agreement, in whole or in part, or to deduct from the amount payable to CONTRACMR the sum of Twenty-five Dollars ($25) for each person for each calendar day during which said person was discriminated against, as damages for said breach of contract, or both. Only a finding of the State of California Fair Employment practices Commission or the equivalent federal agency or officer shall constitute evidence of a violation of contract under this paragraph. -6- If CONIRACIM is found in violation of the nondiscrimination provisions of this agreement or the applicable affirmative action guidelines pertaining to this agreement, ODNTRACIOR shall be found in material breach of this agreement. Thereupon, CITY shall have the power to camel or suspend this agreement, in whole or in part, or to deduct from the amount 3ayable to CONrRACTIOR the sum of Two homed Fifty Dollars ($250) for each calendar day during which CONTRACTOR is found to have been in sud-i nor=Wliance as damages for said breach of contract, or both. 22. AGREEM M CONTAINS ALL UNDER.STANDIMS. This document represents the entire and integrated agreement between CITY and tOMRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document fray be amended only by written instrument, signed by both CITY and OONTRACMR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and CONTRACMR have executed this agreement the day and year first above written. ATTEST: CITY OF CUPERUNO City Clerk Director of Community Development APPROVER AS TO FARM: 1 City Attorney R'b 1v1ry (,� SOUR 4- F �,SSoe-t^a�S Con t�act�r L. f 4 Name M C. VJfzO W, IZI PAC.-,PAL La AL;ros Address c Jam, OX0 Z;-Z- ) Social amity number or Tax I.D. number -7- 91-018 PLANNING RESOURCES ASSOCIATES 2 of 2 EMEUKIT A - SCOPE OFF SERVICES TO COMET A MW W EM= TM MATTUMEEP OF JAM USE AND TM C209MM OF AEDWICHM EDUSIM NEED T. SCOPE OF WOW: The study will potentially consist of two phases. Phase I is a nexus study to analyze the relationship between development (residential, commercial and industrial) and the creation of additional housing needs- for various inocre groups. If this nexus is established, Phase II of the study would analyze alternative housing mitigation methods. PHASE I - NEXUS A. Intrcduction - nexus rationale. B. Background information and trends. 1. Economic outlook. a. Growth prospects -- trends and ABAG projections. b. Ge:ieral Plan alternatives now under study. 2. Population/housing trends. a. Household sizes: Changing needs for housing types. b. Household intones: Changing demands and affordability. c. Household composition: Changing needs for space. d. Housing supply. (1) Overall housing stock and stock of affordable units. (2) Jobs/housing balance and impacts on Cupertino and the region. e. General Plan alternatives now under study. C. Impact of commercial, office and industrial development on housing demand. 1. Impact of illustrative prototype 100,000 square feet of development on housing demand. Calculate impact separately for comimercial, office, and industrial uses. -8- 2. Calculate the following: a. Number of square feet per employee. b. Secondary jobs created. c. New entries into labor farce. d. Number of employees per household. e. Number of employees by occupation. f. Incumes by occupation. g. Incomes by family size. h. WItiple earner families. 3. Product: A model for determining the derand for total housing units and affordable housing units generated by every 100,000 square feet of office development, cc mtercial development and industrial development. D. Impact of residential development on housing supply. 1. Impacts on total. housing supply and on affordable housing supply from illustrative prototype development of 100 market rate units of: a. Single family. b. Multi-family. (1) Ownership units. (2) Rental units. 2. Calculate units lost due to demolition for new construction. a. Market rate units lost. b. Affordable units lost. 3. Potential units lost if Kilt at less than General Plan densities. a. Market rate units lost. b. Affordable units lost. 4. Product: Methodology for determining the number of total and affordable housing units lost due to construction of typical types of residential development under varying conditions. -9- E. Nexus statements: 1. Linkage of ccamerci.al, office and industrial development to housing demand. 2. Linkage nkage of residential development to housing supply. PHASE II - IMPLICATIONS AND M '`rkTION A. General Plan update implications. 1. Facts of dial, office and industrial nexus findings on General Plan alternatives. a. Estimate total ca mnercial, office, and industrial development in General Plan alternatives. b. Calculate number of market rate housing units needed to meet added demand.. c. Calculate impact on jobs/housing balance. d. Calculate number of affordable rate units needed to meet demand. 2. Impact of residential nexus findings on General Plan alternatives. a. Estimate total residential development in General Plan alternatives. b. Impacts on housing supply of units lost due to demolition for new construction. c. Impacts on housing supply of units lost if buildout is at less than General Plan densities. d. Holding capacity analysis/impacts of building higher income units on availability of affordable units. B. Mitigation measures 1. Identify potential mitigation measures for commercial, office, and industrial development such as: a. On-site development projects. b. Off-site constructed as part of development projects. c. In..lieu fees paid to Citywide building program. d. Other measures -- Density bonues, permit processing, f lesible standards, etc. 2. Calculate affordability gap information for potential in-lieu program. -10- C. Exwdne probable consequences of impacts and mitigation measures of the proposed General Plan alternatives. 1. Cmmercial, Office, and Industrial Generated Demands for Housing. a. Total - Jobs/Housing balance. b. Market rate units. c. Affordable units. (1) Building types and ownership. (2) Analyze what percentage of housing units in residential developments and mixed use developments should be affordable to lcta and very law ins households. d. Impac,;ts of mitigation alternatives. (1) Construction programs versus fees. (2) Analyze rtultiple fee formulas. (3) Compare with other jurisdictions. (2) Estimate number of housing units or fees generated with alternative methods. 2. Housing Construction. a. Jobs/housing balance. b. Market rate units. c. Affordable units; building types and ownership. 3. Overall evaluation of mitigation measures, in terms of: a. Legality. b. Effectiveness. c. Reasonableness. d. Predictability. e. Feasibility. f. Other- D. Summary of impacts of mitigation measures. 1. Implications for General Plan policies and standards. -11- 2. Inpacts on jobs/housing -.lance. 3. Impact-- on total housing supply. 4. Impacts on affordable housing and City of Cupertino's Fair Share allocation. 5. Recommendations on preferred mitigation measures. a. Construction programs. b. Fee programs. c. Other programs. 6. Portion of total housing demand from new development which will be feasible to meet within City of Cupertino. a. Probable housing desire of eirployees. b. Feasible capacity. c. Net balance-contribution to: (1) Jobs/housing balance. (2) Fair share requirements. IV. METHOD OF PRESENTATION The report will be prepared to reflect the two phases of the project, the establishment of the nexus; and if that nexus is demonstrated, possible housing mitigation strategie`> and recommendations. Contractor will prepare an Administrative Draft of the Phase I and Phase II Reports for review by the Staff. After Staff review, a Final Report will be prepared. Contractor will meet with representatives of the development community and organizations wiio would most be expected to provide fees and/or housing, in order to explain the conclusions of the report to them and respond to their questions and concerns. Contractor will then present the Final Report to the Planning Commission and the City Council as directed by the Staff for official action. and implementation. V. FEES The total fee for the study, as described above, is $24,750. This includes attendance at two Planning Commission meetings and two City Council meetings; as -ell as a meeting with the development community representatives if appropriate, for a total of five meetings (four public hearings plus one supplemental meeting) . This is based upon a rate of $85 per hour, plus mileage and word processing and reproduction expenses. In the evert that additional. meetings are requested, they sha?.1 be reimbursed at the rate of $300 per person, per meeting. -12- Contractor assumes that appropriate City Staff will be available to review the work as it proceeds, and will provide all basic land use, housing, zoning, and other necessary data, as well as base maps. Contractor also assumes that staff from the City Attorney°s office will be available to work within tl a develcpmext, of the nexus, so as to assure that the City°s legal concerns are met. If the City Attorney is not available, Contractor will add an attorney with land use and municipal experience to the Consulting Team at an estimated additional fee of $2,000. misc/rexusagr -13- am Fimumce %0 to-nab er+su®Aescm .70E LEAL Auto-Life-Health-Home and Business 4546 EL CAMINO, VILLAGE COURT, STE L SHELLY-BONNIE-SANDY-GARY LOS ALTOS, CA 94022 PHONE (415) 941-1441 June 7, 1991 City of Cupertino City Hall If 10300 Torre Ave Cupertino, Ca 95014 To Whom It May Concern: Enclosed please find a copy of the face sheet of a Business Office Policy written by State Farm insuring Planning Resource Associates effective 5-22-91 . The policy contains Business Personal Property coverage, 1 Million general Liability and incidental Medical coverage. The City of Cupertino is listed as an additional insured on the policy and will be receiving a copy of the p:,licy as soon as it is issued. If you should have any questions or need additional information pertaining to this policy, please call . As Enclosure STATE FARM FIRE AND CASUALTY COMPANY,BLOOMINGTON,ILLINOIS l STATE FARM GENERAL INSURANCE COMPANY,BLOOMINGTON,ILLINOIS t (As designated in the Policy to which this Endorsement Is attached) t BLANK ENDORSEMENT ' This endorsement effective ^ , , the effective hour being the same as that designated in the policy to which this endorsement is attached,forms apart of Policy No. ''97_67 242FA n issued to { PTRfZi'1 rn, T.;yw c FT AT. E Ln. No. !L. YOUR POLICY IS CHANGED AS FOLLOWS: .1—Insured's Name 5—Locaticn 2-Insured's Address 6—Constv,,-ttion 3—Effective Date 7—Mortgagee or Lienhglder's Name 4—Expiration Date 8—Mortgagee or Lienholder's Address I� 9—Other(Specify) ( C_`Cli`1PREtiE1NSIVE GENERAL LIABILITY INSURANCE ; 1 WWUFACTUREMS AND OONTRAC MRS, LIPJ31LITY; INSURANCE r..' ADDITIOML INSURED — O -4ERS, LESSEES 'CR C O TPRAOMRS (FORPI B) IT IS AGREED Tmr: ( 1. Ufr. "PERSONS INSURW' PROVISION IS'AKNDED TO INCLUDE'AS A1N INSURED T..qb, PER:ON OR ! ORWTIZATION tW4M BELOW BUP, MLY WITH RESPDCT TO LIABILITY ARISING OUT OF OPEVATIONS PERIMRMFD FOR SUCH INSURLM BY.OR..CN BEHALF'. OF THE NAM k INSURED. 2.•THE APPLICABLE LIMIT CIF THE"CU4PANY'S LIABILITY IOW ITIE;, INSURANCE AFFORDED i.WFR j THE CONIMCMAL LIABILITY INSURANCE COVERAGE PART' FORMIIJG,,A'.PART OF TI3IS"POLICY- Ri" BE REDUCIM BY 'ANY AN4CXJNT PAID'AS IJAWGES UNDER THIS ENDURSaIE TI''CST BEIWF OF THE PERSON OR OI-VAiJIZATION NAEED BELOW.', SCHEDULE NAME; OC PMSON OR ORGANIZATION: IfJCATIOI�T or C)I'ERATIObJ CITY OF CZJPERTINC? VARIOUS,,, CITY• HALL 10300 TORRE AV CUPrRTINO CA 95014-3255 I. (IF NO ENTRY APPEARS ABOVE, ; INI.)OR niot7 P,170UIRED TO.C0WLF.TE,n. IIS 'ENDORS=—1r MILL' BE %ICWT IN TILE DBCLARI:ITICNS AS APPLICABLE M. TIIIS%1NDORSR11E TI.':) 17JD Of M MSCRIPT DIDORSII�N�`; 1 CHANGE IN PREMIUM: The following Form Numbers are attached to and form a part of your policy. ` 1 ❑INCREASE [:]DECREASE "A $ " Balance of Current Payment Period $ Full Payment Period ' The following Form Numbers are voided and no ; longer form a part of your,policy. $ REVISED TOTAL POLICY PREMIUM $ REVISED ANNUAL PREMIUM. t- *Minimum Premium appllas. t Tii 6/12/91 Agee 7318 w 1 u DI /A16 1 � %�w � ��:. ;t , t' .•I"• �• f.3',+ ,. r ,, .,t"�,? .4 �'y°n��� J`�'�•w'�r r+,y!• `y4�t` a '. CERTIFICATE OF iNPStiRAWCt'.!if'. I,.�." r ; , ;► ,. 2765 his is to certify that , STATE FARM FIRE AND CASUALTY COMPANY,Bloomington,Illinois' ❑ STATE FARM GENERAL INSURANCE COMPANY,Bloomington,Illinois as in force for PIROFALD, LEON C ET AL DBA PLANNING RESOURCE ASW • Nama of Poicyhotder C/O IBM PIROFALO 260 STATE ST STE 105 + Address of Policyholder I).S ALTOS CA 94022-2813 location of operations ON FILE IN REGIONAL, OFFICE the following coverages for the periods and limits indicated below. POLICY PERIOD ;': : . POLICY NUMBER TYPE OF INSURANCE• LIMITS OF LIABILITY B SINESS POLICY (Off./exp.), Comprehensive ,' 97-67 7478 0 � General Liability 05/22/91-05/22/92 �Dual Limits for: BODILY INJURY Each Occurrence' $ Manufacturers'and Aggregate $ Contractors'Llablitty Owners',Landlords'and y Tenants'Liability r' PROPERTY DAMAGE Each Occurrence $ The above insurance includes ': (applicable if indicated by xQ ( PRODUCTS-COMPLETED OPERATIONS Aggregate' $ $I OWNERS'OR CONTRACTORS'PROTECTIVE LIABILITY CONTRACTUAL LIABILITY )0 Combined Single Limit for:• - BODILY INJURY AND BROAD FORM PROPEPTY DAMAGE PROPERTY DAMAGE BROAD FORM COMPREHENSIVE GENERAL LIABILITY' Each Occurrence $ 1 000,000 POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate $ 21000,O00 (Off./exp.)' 'CONTRACTUAL LIABILITY LIMITS �j t .• (if different than above) BODILY INJURY Each Occurren.e $ El PROPERTY DAMAGE Each Occurrence $ ❑ i Aggregate $ _ EXCESS LIABILITY Q Combined Single Limit for: BODILY INJURY AND ❑ Umbrella PROPERTY DAMAGE ❑ Other ti Each Occurrence $ Aggregate $ Workers Compensation Part t STATUTORY and Employers Part 2 BODILY INJURY El Liability Each Accident $ '• Disease-Each Employee $ Disease-Policy Limit $ 'Aggregate not applicable If Owners',Landlords'and Tenants'Liability Insurance excludes structural alterations,new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. .i'•, •:"•:;t IT IS AGREED THE COMPANY WILL PROVIDE WRITTEN NOTICE 30 DNYS,,PRIOR TO THE CANCELLATION OF OR REDUCTION OF COVERAGE IN THE POLICY;'. DESIGNATED IN THIS CERTIFICATE--' NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED• ;u. CITY OF CUPERTINO CITY HALL „ t {' Date 10300 TORRE AV rs r CUPERTINO CA 95014-3255 —' 1 ' • • Slg azure of Authori ep sehtative' \ ' TH 6/12/93. Tile ,i" t �;. <71 .,• j ;:.ia , -.p4, 1}._ ,•!7 , T „t STATE FARM FIRE AND CASUALTY COHAd�A4�t1Y,BL0019t91NiliiT®N.ILLIR1018 ., y STATEFARM GENERAL INSURANCE o:OMdrANY. 3LQOMIN(31'0 No dLLiNO(S6 °; j• " f � . (As designated in the Policy to which th(s Endors®nnent Is attached� BLANK ENDORSEMENT This endorsement effective - ; the effective hour being the sametas that designated in the policy to which this pn�+:rsement is attached,forms a part of Policy No 9� 67 74Tg 0 Issued to C 4 PII EMA ICON C Er AL ,l...,�+�e i .. (T�'A,)�.{`!f"jf? ,, , 1.}i �F to-,( .•i t. ., , �f -,e YOUR POLICY IS CHANGED AS FO!LOWS: 1—.lnsured's Name 5.:._.L.ocation fz 2_.Insured's Address 6_Construction 3. Effective Date 7_.Mortgagee or Uenhgider 4sExpiration Date 8�Mortgagea or Lienholder s Address 9eOther(Specify) r 11 CUMPLEI'E INSMET)'S NAM: t PIFOFAIA, INN C' & WOOLFE; J DOUAJD A & SKINNER, DPNUd7 ' # s & HARRISON, ROBEfZI' C ; of CHANGE IN PREMIUM: The following Form Numbers are attached to 1 and form a part of your policy INCREASE 13DECREASE. . r f $ Balance of Current Payment Period t ' 4t --Full CA P d The following Form Numbers are voided and no , longer form a part of your policy aEVISED TOTAL POLICY PREMIUM $ REVISED ANNUAL PREMIUM "Minimum Premium applies:. :'TH'6/12/91 Agen F@•7316 ■ j. � t T .�• �'Tp'rf Tl 4`T}�,",7 �c Si P , b . ! � �Fp,Jiri ' .J'.«i}�''�+.�+ .� 4 •5' � „��.. f I .�{',:� •� ,'� -4 �„ "�Vl(�1�, `,•ti }9�1yJtt j{ r •S��Sji 1tfffit ej �(f��'c )♦'{ �� 1 ,L� : �Mf'' �, t 7��j, '1•+f,S 4,'`.a 1\,y�r�',�i ''O�r 1,"� +Y'1''�� ��' ;1•!}� t: ,��.. �'ll'y:,'It:l}.i�'�r��l'/w4^. ��4��F�\1�•��� �.��s iR, �f���'1}1.j'�tt�;:� 'i� �5`' '�'�t Y;, DECt.ARATTONS t we will orovide the insurance described in this policy ' '3USI;raCSS POLICY — :iE'Et; IKL FORM 3 ....,...n in return for the premium and compliance with all Coverage afforded by this policy is provided by I applicable previsions of this policy. STATE F A ft P} F I R l_ A N U t;::;U A l_ T Y C U M P A N Y i fib!- I Cr' l�l). 97-47-147 3-0 640i) `iT1 T,_ FAf?ra DA tWJ,! 'FRT PARK CA 94'42.6-000 t _ a Stock Comp4ny with Home Offices in Bloomington,►:finis. ?7 h 5/h 3 Named Insured and Mailing Address _ i P I kIJF AL0v WIN C E TAL s i f)h A VLAr' NING R1=a(-)I.JPCF AS,iU U L FiJN P I ROF ALD :'f,i) STAR: ST '> TE 105 t.0 I<AvE A — IPIFLAT 113N t LI]% ALTOS CA 94022-28 tS CJ)Vt-RAG(: INOUX: WA j i ClIV- I-,A!,L 11 — CONSUMER "R I INCILX : 135 .2 i Nt t-i `L> T N''St)R F-i): PAR T NER`;IIT P l T H E Pt)L I.'.Y P J:R. I U D fi E G I N S A s 4 0 L-N C S AT 1.' :()1 1." Automatic Renewal--If the Policy Period is shown as i 1 S T A NDA R ! T I "A E AT THE P R E t•1 I S E:S L OC A T IONS 12 months, this policy will be renewed automatically i 13`_s/22/') 1 : F F-r-E C T F V F D A Tt subiect to the premiums, rules and forms in effect for Q MON F i i ; : POLICY PERIOD each succeeding policy period. It this policy is ter j 0 5/2219.' : F X P I RA T I GPI OF POLICY PERIOD minated,we will give you and the Mortgagee/Uenholder written notice in compliance with the policy provisions { or as required by law. ---------------- M lclvl_hAJf S ;. LIi'tITS Of: 1OCCUf'.1114CY: OFFICE PHDPSItTY LIABILITY I 'y'iZlt' SECTi0ti I COVERAGE ANC SECT [(IN I I - LCCATION INFORMArtONt 'SEE A BUILD1N(,S EXCLUDED ( rir;- PTTAi.-HI_U SUPPLEMI-NTAL E! 1.1USINE:;S PFHSUMAL b '' ' ( tLLAit.;TIf)NS. ; PRUPLRfY ! —� ; C LOSS CC Ir1COME 6 ACTUAL LOSS 1 t I � SEC T I OIN 11 I t_ isuSttJi S:3 LIr161LITY T. lV0009000 It ,'tEDICAL PAYfi f ` i�rVT.. (FACH PEPSON) L 5t0Ut, 1 ;; i ( EACH ACC IL►ENT G SIl,U�7Lt I 1 . 1 ECDL)CT Ifil-IV S—Si:CT10N II IN CA C GJ F LCISS 5 50C) 15A: IC 1 Ur W-R TH I; POL ICY , I I THE Dt_DI t:,TILtLE: WIL' ',IF APPLIED rU EACH I I ( OCCURRENCI: .ANO WLLL I i ( Bf: DED111 T).U FRUi`t I i iliftCk I)f' C,t)t T I11L[ S t-IAY! Ti L' AMOUNT OF THE APPLY—RD-i-R TU Pi:)LICY1 LU-3S. t is FU;tt4St LVT IUN� AND >_NOURSF_t1L-fJTS 1 r',?L ICY VRLN IUr•) FP—P,15.; SPECTAL 1"01 4 S ! '• .i89.CJfl I ' FF.-8375 POL ICY le-NDORSEMENT I � fi —:3.ib`1 TP..A 0ItIA T ION I:iNDOR S1:Mi-.1%f i I 1-L—d_S711 `_iU its SURFACE WATEF: LXCLUSIU'J ! Ft_—.347U NULTIPLL LOCATFONS EN01)!} St.ilVId1 I t-E —ri35h A"yGRFC,ATE LIMIT frtn:IftSEtrrtr IL .,:. 'iUkLHAKGt F._-3.39e i)f=BR IS VFlIl1VAl VOLLIJT CLL-A•1) UP 1 T. 3.110 F-f_-731 i ,PE:CTA,L f:1al?ORSErAF.NT I T'AIAC AMOUNT j 1r 392.90 i j 1 i I -._.. ,....__.-..._.. .. -... _ _ ;�,.—y�.a.rs r' ^'!-•. ';(;^, :;TTi•e�qr'�+L•-i"*�:�-f'.x-,�-t�..i..,,ra 7., r-•-'�•..• T-r;• DECLARATIONS We will provide the insurance de rbed in this policF y r' =�I S I N c Ss ('+J L IC Y :i i=t:C 1 :L in return for the premium and lompliance with all Coverage afforded by this policy is provided by applicable provisions of this policy.' S T,1 F E_. t1 RA1 F I f' t: A F101 CASUALTY LUMP AM Y VUL I CY 1-1 U. 97-67-7478--0 b400 STA TI- raR]" PARK CA 9 4 9 26-000 1z a Stock Company with Horne Offices in Bloomington,Illinois. Named Insured and Mailing Address Ih01 1L09 LF011 C F_TAI_ �OPF'I_01LNI1AL DECL►1RA T IUriS Dil,', PLANNING R1_S!:l0PCC_ ASSO U az191 P I RUF A L0 I'A('f 001 1'tiLl STATE: ST STE 105 LUS ALTOS CA 9402'2-2s13 Automatic Renewal-If the Policy Period is shown as 1 l fF L l:C. 1 T I O N (IF P R E N I S E S IS E X T i_ND C J 12 months, this policy will be renewed automatically TO I N C L I I D C Till: r U L L U W I N i,. I N S U R A N C E subject to the premiums, rules and forms in effect for ; IS ►'R t:i V 12`EU :ill tl J E C T T(l ALL T N E TERMS each succeeding policy period. If this policy is ter- � C F f i-i I S P DL I C Y I N C L'J U I f I G UPI 1O i t 5 minated,we will give you and the Mortgagee/Lienholder 1 N+) F i lt_1 11 ft Sl=!9 c-N T a f t 10 F A PART HEREOF: written notice in compliance with the policy pruvisions or as required by law. LOCATIOiN OF PR iil1SE_S i 1C ITS OP LIAiIILI TY LOf--AT ION JUSINESS N13 PERSONAL PROPE_R'f Y ------------------------- ------------------ - 1f 260 STAfE SI STr 105 L 5t0G0 LEIS ALTOS C.4 9402-2-2815 42 1 70? BPADFORD ST S TE 0 16 59000 l2�t1;�rJl7r) t: ITY CA 94063-17 77 { 31 401,66 LAKEHIPO PL L 5t000 SAN JGSE CA 95124' 5161 � 41 ? i7Ei VISTA DE_L r1;,:; L 59000 rIBURON CA 949L0-1206 I � �. ! i i I i _ .. , ,r --r rr:^.;+tic;.. •q,' ) 3. r'.•Y' 7�,,."7 �� •1.� T'� e CERTIFICATE OF INSURANCE This is to certify that !� STATE FARM FIRE AND CASUALTY COMPANY, Bloomington, Winofs L? STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for _ Planning Oesourcee Associates tia�,,"e_;,r!..nt,. 260 State Street, Suite 105 Los Altos, California 94022 location of operations — - - ----- - - the foflewing coverages for the periods and limits indicated below POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD LIMITS OF LIABILITY i left er,p J Genera- iabive Dual Lim,is for BODILY INJURY _ Genera- Liability— _ Each Occurrern.e Manufacturers'and `-` Contract;,rs'Liabifily Aggregate 5 O.vners Landtnr J5 and PROPERTY DAMAGE Teeants Leal>d�i} The above insurance tn-udes (aopt-cable if•nitcatea by I , PROC!) lF•t_,)I,gPLETED OPERATIONS i C7ivN[R5 ORfC)R$ PROTE C N1 E i L+BiLITY CONTRACTUAL LIABILITY X' C,mbmen S'nq+e L,mit to, BODILY INJURY AND BROAC �i)RM PROPERTY DAMAGE PROPERTY DAMAGE BROAD rORM COMPREHENSIVE GENERAL LIABILITY Each Occurence S 11000,000 - -- 2 000 0-00 POLICY NUMBER T TYPE OF INSURANCE POLICY PERIOD Aggregc:ie S (eft (,Xp J CONTRACTUAL. LIABILITY LIMITS tit different than above) BODILY INJURY In issuance `X' Business Office 5-22-91 to 5-22-92 Each Occurrence S PROPERTY DAMAGE ( Each Occurrence S" Aggregate Ek(ESS LtAfrf(t?'Y Cant)rhed Stngfe Lrrnrl Tor BODILY INJURY ANC PROPERTY DAMAGE Ct�nL,i,•...t Ea(h Occurrence S Aggregate S ------ W„rkc•rS CctiTtpr*n;ahtsn Part I STATUTORY Part 2 BODILY INJURY vt,1 E'x:gli)vers L�.ibiht•. Each Aa-u,lent Disodsc Ear.h Employee $ �_ Disease P.,i!ry Limit 5----- 'Aggmgxh, wl �f Owners. Landlot& and Tenants-L,abday Insu°aril's eticludes h,ral alforilhnnS.NOW COnstrucitOII(It dern011tton. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVLLY NUR NEGATIVELY AMENDS. EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED City of Cupertino D - City Hall 10300 Torre .Avenue Si- re o uthonzed Representative Cupertino, Ca. 95014 Agent Title (558)F6.994.9 Rev.1$6 Printed in U.S.A.