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10-015 David J. Powers and Associates, John Hesler, Scenic Circle Access, Project 9136 CITY OF JJ CITY OF CUPERTINO ti 1% 9, 10300 Torre Avenue �2r3 Cupertino, CA 95014 � CUPERTINO /' 9 � 408 - 777 -3200 NO. ( BY THIS AGREEMENT, made and entered into this 16th day of March, 2010, by and between the CITY OF CUPERTINO (hereinafter referred to as CITY) and Name: David J. Powers 8 Associates, Inc., attn. John tlesler Address : 1871 The Alameda, Suite 200, San Jose, CA 95125; Phone: 408 - 248 -3500 (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: Scenic Circle Access to Stevens Creek Trail and Blackberry Farm Park, Project 9136 — provide environmental clearance services including prepare Initial Study, provide impact analysis including transportation /traffic analysis, prepare environmental clearance documents per the most current state standards, respond to comments, and conduct/attend public meetings per attached Scope of Services. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Scope of Services, and Exhibit B, Charge Rate Schedule TERMS: The services and /or materials furnished under this Agreement shall commence on March 16, 2010 and shall be completed before June 30, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $35,000.00 to be paid on a Time and Materials Basis per the attached Charge Rate Schedule. Califomia 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 City, it.3 officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, 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. Insurance. Should the City require evidence of insurability, Contractor 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 Agreement 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: ENTERED NAME: Terry Greene 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. co q ` RAC,`o : CITY OF CUPERTINO: By sk,• 1, - g.w• B y / =� Title (/ /Cl P)sES toe "r r Terry Greene, City Architect APPROVALS EXPENDITURE DISTRIBUTION - rr ' �� ATE / INIEFTAMWAIFM D • ► ► ` = ' u • 420 - 9136 -930 r $35,00.00 ✓ ATE Al/ ri EXHIBIT A SCOPE OF SERVICES David J. Powers & Associates, Inc. Scenic Circle Access to Stevens Creek Trail & Blackberry Farm Park The City of Cupertino ( "City ") is undertaking a capital improvement project for Scenic Circle Access to Stevens Creek Trail and Blackberry Farm Park, Project 9136 ( "Project "). David J. Powers and Associates, Inc. ( "Powers ") is a consulting firm that provides professional environmental consulting services in environmental planning, and the coordination and written preparation of environmental documents in compliance with the California Environmental Quality Act (CEQA) and applicable regulations. Powers' services include providing accurate identification of project impacts and written analyses of those impacts with appropriate mitigation. Powers will conduct an environmental clearance process for the Project. Powers will retain for Project as needed the following subconsultants, or others subject to City approval: • Apex Strategies, Eileen Goodwin, Principal — public meetings • Kimley -Horn and Associates, Paul Krupk a — transportation & traffic OR • Hexagon Transportation Consultants, Mike Waller, Principal Associate TASK A: Conduct Environmental Clearance Process David J. Powers & Associates, Inc. ( "Powers ") will conduct an environmental clearance process for City of Cupertino Project 9136, Scenic Circle Access to Stevens Creek Trail and Blackberry Farm Park. Activities will include: 1) Gather and evaluate background and project information 2) Evaluate the project site and setting 3) Determine whether the Project is exempt from CEQA. Assuming that it is not: 4) Prepare a draft Initial Study 5) Based on the results of the Initial Study, prepare an administrative draft Negative Declaration (ND), Mitigated Negative Declaration (MND), or Environmental Impact Report (EIR) and associated documents including a Mitigation Monitoring & Reporting Plan. [The fee is based on a MND process. If an EIR is required, the fee will need to be increased.] 6) Based on city review comments, revise the administrative draft MND to a MND suitable for public review. 7) Assist the City in conducting the distribution and public review process 8) Provide written responses to public and agency comments 9) Provide a final MND including comment responses, Notice of Determination and all required documentation. This task assumes that a separate project- specific traffic study will be warranted by a transportation/traffic professional, and that the study will focus on answering the questions of: a) expected demand for use of the proposed access by both motorized users arriving via motor vehicle and non - motorized users arriving via foot, bicycle etc.; and b) whether on- street parking in the neighborhood by users would result in any CEQA- covered environmental impacts, including the secondary impacts of on- street parking (such as safety impacts.) TASK A PROPOSED hEE: David J. Powers & Associates: Not to Exceed $18,000. Transportation/Traffic Consultant: Not to Exceed $5,000 TASK B: Coordination and Public Outreach Meetings Powers and its subconsultants will attend or condt meetings to solicit public input, present information about the Project and present information about the environmental clearance process or documents. Meeting(s) with the neighborhood residents are anticipated prior to preparation of the CEQA documents. Two or more meetings are anticipated to present information to a Commission and the City Council. Apex Strategies participation may be desired per City direction. TASK B PROPOSED FEE: Not to Exceed $12,000 for meeting preparation and attendance REIMBURSABLE EXPENSES ALLOWANCE: Included in fees above for Task A and Task B. TOTAL NOT -TO- EXCEED FEE: $35,000.00 Work will be invoiced on a time - and - materials basis. Fees may be re- allocated among the tasks by mutual agreement. Exhibit A. David J. Powers & Associates, Scope of Services Scenic Circle Access to Stevens Creek Trail & Blackberry Farm Park Page 2 of 2 EXHIBIT B aBI© DAVID J. POWERS ®U b & AS .00IA. T ES. INC. CHARGE RATE SCHEDULE' - PRINCIPAL $205.00 PER HOUR SENIOR ENVIRONMENTAL SPECIALIST $180.00 PER HOUR SENIOR PROJECT MANAGER 5158.00 PER HOUR ENVIRONMENTAL SPECIALIST $145.00 PER HOUR PROJECT MANAGER $135.00 PER HOUR ASSISTANT PROJECT MANAGER $ 98.00 PER HOUR RESEARCHER $ 82.00 PER HOUR DRAFTSPERSON /GRAPHIC ARTIST $ 77.00 PER HOUR DOCUMENT PROCESSOR/QUALITY CONTROL $ 77.00 PER HOUR ADMINISTRATIVE MANAGER $ 77.00 PER HOUR OFFICE SUPPORT $ 60.00 PER HOUR MATERIALS, OUTSIDE SERVICES AND SU13CONSULTANTS INCLUDE A 15% ADMINISTRATION FEE. MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. SUBJECT TO REVISION JULY 2010 David J. Powers & Associates, Inc. provides regular, clear and accurate invoices as the work on this project proceeds, in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedu; es, nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or accounting, process is requested, the service can be provided on a time and materials basis. ACORD ill CERTIFICATE OF LIAR #CITY INSURANCE '`I� c��r,1C3" ' PRODUCER 'THIS CERTIFICATE (8 ISSUED AS A MATTER OF INFORMATION 1 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HEFFERNAN PROFESSIONAL PRACTICES HOLDER. THIS CERTIFICATE ODES NOT AMEND, EXTEND OR License Number 0684240 1866 W. Ketone Avenue, Suite 266 Orange, CA 0288T INSURED ALTER 'THE COVERAGE AFFORDED BY THE POLICIES 8BELOW. _ INSURERS AFFORDING COVERAGE NAiC INSURER A: Travalers Prcp&ly Casua'ry Co 3: t Cr: David .1. Power's Aseocletoa INSURER B: _, Lloyds of London — 1 `b204 t MS The Alameda, Sts 20l) � INSURERC: - 1 —i Han Jaen, CA 86126 I}III.URERD: — —_ ' ( NSURER E - COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POt1CY PERIOD INDICATED. NO TWITH STANDING ANY REQUIREMENT, TERM OR OONDmON OF CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSU D OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS. EXCLUSIONS ANO GONDrTIONS OF %ICH POI.i¢IES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CL41M8. LTA !taw TYPe RP DittJrra = pOt1GY RSIIIBER DALE till s DAIS Itimiat dYr1 11 WS alEkTRAL LIAULITY EACH OCCURRENCE $1,000,000 A }( tX1bWFItQALGEH elm tIABItJIY 6808624L268 12103100 12103110 E pREAME8 M ,. * s) $1,000,000 I CLAae woe n occwt . two J W WIY IM MEAN] $10,000 FEMORAL &MNIawRY $1,000,000 OEIdERALAOGREOATE $2,000,000 ePRODUCID • COMP$OPADM $2,GO0,OOD OFJi1ACJ©REOATEt APPUES . Psea j El POUGY n ,IeoT n ,pc Aumeasaz IY C °WHOLE MDT $1,000,000 A X I ANYAUTO BA8820LMS3 1210,VOS 12103140 f ALLCHYMEOAUPO9 ac0fLY INJURY S 5CHEDUIE0 AUTOS X N7RED AUTQ9 CF■tratcHAV $ X NON.OW tEOAUTOY 1 71 rerAzdieng PROPERTY WAGE $ °ARIi uABRTTY AUTO ONLY— E&AGCDENJt $ , ANY AUTO OT1 C R THAN EA A Z AUTO ONLY: AOG $ I.*CUEAD BBELLA LL. �ITY '~ EACH OCCURIiF E $ 1 7 OCCUR u CLAIMS WADE AO+3RECIATfi $ I r DEDUCTIBLE $ 1 1 RETENTION SO $ 1 WORNEFUL COMPENSATION AND I WC STATth ` D EM S PLOYERLIADa1TY i Tom un ns 1 En r.I. eACxAuwsxr $ AIJYPROFtET0FWARTNi2 CUT rE OrflC R BER EXCLUDED? EL DSSEADE - POLJCY LI $ IJ ph deratbr undo, EL atazA 0 ELIPLC 5 SPECIAL PROVISIONS be W. 9 brimk . B PrIes krtaiLiatkr I W15KTJ08PNPA 03126fO9 O3/2th0 per Ci2Em $1,000,000 _ Aggregate si3O00,000 DEBCR PTIOH OP DPe( iATIONSt LOCATKODSNEHICLEBJF ADDER 6Y E3iDORSE UENT IFECIAL PRovattDNt This e tiIrnl cissued toprot, de = CERTIFICATE HOLDER — C ANCELLATI ON "10 days nonce for rlon- payment of premium. _ -v 3 ftutrLC ArdY of THE ABOVE DESCRIBED POLL 1ES DE CANCELLED BEFORE THE EDAHAliCH ^ j DATE TNEREOF,'THE IB$UIIO3 INSURER WI LL BNDE*?QR48 MAR M DAVI WRITTEN Nonce To THE CERTIFICATE Hot, DER NAhtenTO THE LEFT. 11 DA{RCN#rANfINAS 4iNiD-GR Evidence of Insurance Fii t:J K1R,ZED HEPRESENTATW ./. 14--- \'' ACORD 25 (2CU1 /05) - — — OACORD CORPORATION 1u &B PL. LICYHOLDER COPY NG STATE P.O. BOX 420907, SAN FRANC1SCC>,CA 94142 -0807 t :OMPIENSATION irsISURANCEE FUN D CERTIFICATE OF WORKERS' COMPENSATION INSURANCE ISSUE DATE; f31- 17-2008 GROUP: POLICY NUMBER: CERTIFICATE 10: CERTIFICATE EXPIRES. THIS CERTIFICATE SUPERSEDES AND CORRECTS CERTIFICATE 0 This is to certify that we heirs Issued a valid Workers' :anpenso`ti:;n Insurance policy in a form approved by the California Insurance Commissioner to the employer named bn;ow for the policy period indicated. This policy Is not subject to cancellation by the Fund except upon ; days advance written notice to the employer. We will also give you 30 days advance notice should this policy be cancelled prior to ite normal expiration. This certificate of insurance is not an insurance policy and does no: amend, extend or alter the coverage afforded by the policy ilsted hers'.r. Notwithstanding any requirement, term or condition of any contract or other document with respect to which this certificate of •nsura may be issued or to wh,ch it may pertain, the nsuren;.c afforded by the policy described herein is subject to all the terms, exclusions, end conditions, of such policy, THORIZED REPRESENTA i ; PRESIDENT EMPLOYER'S LIABILITY LIMIT IIC UDIND DEFENSE COSTS: $1,000,000 PER OCCURRENCE. ENDORSEMENT #001S ENTITLED ADDITIONAL INSURED EMPLOYER EFFECTIVE 2008-01 -17 IS ATTACHED TO Af1D FURI1S A PART OF THIS POLICY. NAME OF ADDITIONAL INSURED; CITY OF NEWARK INDORSEMENT 01800 - DAVID J POWERS PRES - EXCLUDED. ENDORSEMENT #2086 ENTITLED CERTIFICATE HOLDERS' NCITICE EFFECTIVE 01-17-1985 IS ATTACHED TO AND FORKS A PART OF THIS POLICY. ENDORSEMENT 02570 ENTITLED WAIVER OF SUBROGATION (EFFECTIVE 2008-01-17 IS ATTACHED TO AND FORMS A PART OF THIS PDLICY. THIRD PARTY NAME: CITY OF NEWARK EM''LOYER DAVID PDWERS AND ASS0C. INC NG 1885 THE ALAMEDA STE 204 SAN JOSE CA 95125 ila D,sCj PRINTED : 01 -17 -2008