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01-041 Environmental Planning ConsultantsAGREEMENT No. ~ 7~ "~ ~~~ ~ CITY OF CUPERTINO 10300 Torre Avenue CITY pF ~' Cupertino, CA 95014 '~" ~ V~ ~ ~ (408) 77'7-3200 BY THIS AGREEMENT, mad entered into on the 21st day of MAY , 20 Q]~_, by and between the CITY O ERTINO (Hereinafter referred to as CITY) and Name (1) ENVIRONMEN _ (2) Address 1885 THE A, S`TE. 120 City SAN ,JOSE Zip 95126 Phone (408) 249-0691 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: ADDITIONAL INFORMATION REQUESTED BY CIWMB ON T]~E BASE-YEAR MODIFICATION EXHIBITS: The following attached exhibits hereby are made part of this Agreement: SEE PROPOSAL EXHIBIT "A" TERMS: The services and/or materials furnished under this Agreement shall commence on MAY 29, 2001 and shall be completed before AUGUST 31 , 2001 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: SHALL NOT EXCEED $6,750.00 California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless: Contractor agrees to save and hold harmless the Ci~:y, its officers, agents and employees from any and all damage and liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. due to negligence, errors and omissions, Insurance: Should the City require evidence of insurability, Contract~~r shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination: 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. Interest of Contractor: It is understood and agreed that this Ag~eement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes: This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME LAVENIA MILLAR DEPARTMENT pUBLIC WORKS This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONT 'TOR: B ~~ ~ ~' Y Title l-' • ~ L Soc. Sec # ~~ APPROVALS n _ / ... CITY OF CUPERTINO: E3y l"itle EXPENDITURE DISTRIBUTION T T EA $' --+ A PCCOUNT NUMBER AMOUNT ~ ,.J / I (~ TY CLER DATE '~-Y ' `;20-8003-7103 $6, 750, 00 White: City Clerk Green: Finance Yellow: Contractor Pink: Receiving Gold: Department EXHIBIT "A" Proposal to Answer CIWMB Quesiaons from letter of April 12, 2001 Q.l. How was cement and concrete diverted? EPC will work with City staff what happened to the materials removed from job sites. Q.2. Residential Waste Prevention Conversion Factors The results of the survey conducted of 310 households in Cupertino and the conversion factors used will be described. Q.3. Total Residential Waste Prevention Tonnage The following sentence will be provided. [The:re was a typographical error in the report of grasscycling activities: 308 tons knot 208 tons] were diverted in 1998 by grasscycling. Q.4. Tire Diversion The following paragraph will be provided. [Tlie 430 tons of tires diverted from landfill were incinerated. The information was provided for the calculation of the total base year generation, to show that these materials were ,,enerated and not landfilled, and to calculate what the diversion percent would be in the ye;~r 2000. This tonnage should not have been counted toward the 1998 diversion rate. Therefore 430 tons have been removed from the total diversion claimed.] Q.S. Commercial Sacrvey Form [The survey form will be attached.] Q.6. What is the confidence level and margin of error in methodology? The confidence level and the margin of error fir a survey of 310 residents will be calculated. The confidence level and the margin of error for a survey of 172 businesses will be calculated. Q.7. Soiirce Reduction Activities by Waste Type and Tons, and Q.B. Recycling Activities by Waste Type and 7 ons, and Q. 9. Pallet Reuse Calculations This information was not generated in the earlier work because there was no requirement to split out diversion by type of material. However, for the most part this information is available in our notes of our survey work. To complete this activity will require reworking all of our data. Additionally, we will probably have to re-contact some of the businesses to clarify the information that they provided us. Q.10. Total Amount of Source Reduction The total source reduction can easily be calculated from the responses to the prior questions. EPC will complete the CIVVMB Revised Certification Forms required. PAGE 1 OF 2 Project Budget Richard Gertman Maija McDonald TOTAL Task Hours Costs Hours Costs Hours Costs Q.1. How was cement and concrete diverted? 0.5 $55 2 $120 2.5 $175 Q.2. Residential Waste Prevention Conversion Factors 2 $220 2 $22p. Q.3. Total Residential Waste Prevention Tonnage $ 0 Q.4. Tire Diversion ~ $ 0 i Q.S. Commercial Survey Form $ 0 Q.6. What is the confidence level and margin of error? 4 $440 4 $240 8 $680 Q.7. Source Reduction Activities by Waste Type & Tons 8 $880 20 $1,200 28 $2,080 Q.8. Recycling Activities by Waste Type & Tons 8 $880 20 $1,200 28 $2,080 Q.9. Pallet Reuse Calculations 0.5 $55 2 $120 2.5 $175 Q.10. Total Amount of Source Reduction 2 $220 2 $220 Complete CIWMB Forms 8 $880 4 $240 12 $1,120 Totals 33 $3,630 52 $3,120 85 $6,750 PAGE 2 OF 2