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11-040 TRA Environmental Sciences Inc., Stevens Creek Corridor Park Phase II Environmental Clearance CITY OF ��yy P.O. # _ _ AGREEMENT BETWEEN CITY OF CUPERTINO AND CUPERTINO TRA ENVIRONMENTAL SCIENCES, INC. FOR PROFESSIONAL SERVICES FOR STEVES CREEK CORRIDOR PARK PHASE 2 ENVIRONMENTAL CLEARANCE • THIS AGREEMENT is made and entered into this 11fi"day of , 2011 by and between the City of Cupertino, a municipal corporation, hereinafter re erred to as CITY and TRA Environmental Sciences, Inc., hereinafter referred to as CONSULTANT. RECITALS ENTERED WHEREAS, CITY desires to obtain professional consultant services for Stevens Creek Corridor Park Phase 2 Environmental Clearance, (hereinafter referred to as Project); and, WHEREAS, CITY requires certain professional services in connection with Project (hereinafter referred to as Services); and, WHEREAS, CONSULTANT has the necessary professional expertise, qualifications and skill to perform the Services required and is prepared to provide such Services; and, NOW, THEREFORE, the purpose of this Agreement is to retain TRA Environmental Sciences, Inc. as CONSULTANT to CITY to perform those Services specified in Exhibit A of this Agreement, and the parties hereby agree as follows: Section 1. Scope of Services CONSULTANT shall perform those Services specified in Exhibit A, titled "Scope of Services ", which is attached hereto and incorporated herein. Section 2. Term of Agreement The term of this Agreement shall commence on April 4, 2011 and continue through December 31, 2011 . In the event that the Services called for under this Agreement are not completed within the time specified, the CITY may extend the time for completion. Section 3. Schedule of Performance The Services of CONSULTANT are to be completed according to the schedule set out in Exhibit C, titled "Schedule of Performance ", which is attached hereto and incorporated herein. CONSULTANT is not responsible for delays beyond CONSULTANT's reasonable control. Section 4. Compensation The compensation to be paid to CONSULTANT for professional Services and reimbursable expenses shall be based on Time and Material not to exceed Twenty Five Thousand Dollars ($25,000.00) for Basic Services and Reimbursable Expenses. The rate of payment is set out in Exhibit B, titled "Compensation ", which is attached hereto and incorporated herein. Section 5. Method of Payment CONSULTANT shall furnish to CITY a detailed statement of the work performed for compensation during the term of this Agreement. CONSULTANT may submit monthly invoices for interim progress payments during the course of each phase, clearly stating as a minimum the total Contract amount, amount paid to date, percent complete, and amount due. Section 6. Independent Contractor It is understood and agreed that CONSULTANT, in the performance of the Services, shall act as and be an independent contractor and not an agent or employee of CITY; and as an independent contractor, CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. Section 7. No Third Party Rights CONSULTANT's Services under this Agreement are intended for the sole benefit of City and shall not create any third party rights or benefits. Section 8. Project Coordination A. CITY: Director of Public Works shall be representative of CITY for all purposes under this Agreement. The City Architect, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. B. CONSULTANT: CONSULTANT shall assign a single CONSULTANT Project Manager to have overall responsibility for the progress and execution of this Agreement for CONSULTANT. Should circumstances or conditions subsequent to the execution of the Agreement require a substitute CONSULTANT Project Manger for any reason, the CONSULTANT Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated CONSULTANT Project Manager shall be Christine Schneider. Section 9. Assignability / Subconsultants / Employees The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement or the performance of any obligations hereunder, without the prior written consent of CITY, and any attempt by CONSULTANT to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. Agreement TRA Environmental Sciences, Inc. 2 CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the Services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be contractors of CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall give its collective professional attention to the fulfillment of the provisions of this Agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, such employee or subconsultant shall be discharged immediately from the work under this Agreement on demand of CITY. Section 10. Indemnification A. Claims for Professional Liability. Where the law establishes a standard of care for CONSULTANT's professional Services, and to the extent the CONSULTANT breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, CONSULTANT shall, to the fullest extent allowed by law, with respect to all Services performed in connection with the Agreement, indemnify, defend, and hold harmless CITY and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT or CONSULTANT's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of CITY's choice, expert fees and all other costs and fees of litigation. CONSULTANT shall not be obligated under this Agreement to indemnify CITY to the extent that the damage is caused by the sole or active negligence or willful misconduct of CITY, its agents or employees. B. Claims for Other Liability. CONSULTANT shall, to the fullest extent allowed by law, with respect to all Services performed in connection with the Agreement indemnify, defend, and hold harmless the CITY and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by CONSULTANT or CONSULTANT's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of CITY's choice, expert fees and all other costs and fees of litigation. Section 11. Insurance Requirements CONSULTANT shall furnish to CITY, within 15 days following the execution of this Agreement, the required certificates and endorsements to provide CITY satisfactory proof that CONSULTANT has taken out for the entire period required by this Agreement, as further described below, the following insurance and endorsements, in a form satisfactory to CITY Agreement TRA Environmental Sciences, Inc. 3 and with an insurance carrier satisfactory to CITY, authorized to do business in California and rated by A. M. Best & Company "A" or better, financial category size FSC Class VII or better or that is otherwise acceptable to CITY, which will protect those described below from claims described below which arise or are alleged to have arisen out of or result from the acts or omissions of CONSULTANT for which CONSULTANT may be legally liable, whether performed by CONSULTANT, or by those employed directly or indirectly by it, or by anyone for whose acts CONSULTANT may be liable: A. Workers' Compensation and Employer's Liability Insurance: Workers' compensation insurance indicating compliance with State's workers' compensation laws and employer's liability insurance with a minimum of one million dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The policy shall contain an endorsement waiving all rights of subrogation against CITY, its officers, officials, employees or volunteers. In the event CONSULTANT is self - insured, it shall furnish Certificate of Permission to Self - Insure signed by Department of Industrial Relations Administration of Self - Insurance, State of California. B. Professional Liability, General Liability and Automobile Liability Coverage: 1. Automobile Liability Insurance shall include coverage for bodily injury and property damage for owned (if any), hired and non -owned vehicles and shall not be less than one million dollars ($1,000,000.00), combined single limit for any one occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product/completed operations and contractual liability. The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) CONSULTANT shall also provide aggregate limits endorsement and primary insurance endorsement. 3. Professional liability Insurance (including Contractual Liability) shall include coverage for claims for professional acts, errors or omissions and shall not be less than one million dollars ($1,000,000.00) per claim, and two million dollars ($2,000,000.00) in the aggregate. This coverage shall be maintained for a period of 5 years after completion of the Agreement. C. Additional Insurance Provisions 1. CITY shall have the right to inspect or obtain a copy of the original policies of insurance. 2. On CONSULTANT's Commercial General Liability policy and Automobile Liability Policy, CITY of Cupertino and their affiliates, directors, officers, officials, partners, representatives, employees, consultants, subconsultants and agents, shall be named as additional insured, but only with respect to liability arising out of work or operations performed by or on behalf of CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to CONSULTANT's insurance (at least as broad as ISO Form CG 20 37 07 04 or CG Agreement TRA Environmental Sciences, Inc. 4 20 10 11 85), as a separate Owner's and CONSULTANT's Protective Liability Policy, or on the Entity's own form. 3. The general, auto, and professional liability policies shall be endorsed to provide primary insurance coverage for all claims related to the Services provided under this contract. 4. The certificate of insurance shall state the policy will not be cancelled without thirty (30) days prior written notice to CITY. 5. All policies, endorsements, certificates, and/or binders shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by CITY. 6. If CONSULTANT fails to maintain any required insurance, CITY may take out such insurance, and deduct and retain amount of premium from any sums due CONSULTANT under this Agreement. 7. Professional liability insurance coverage is required if CONSULTANT is providing a service regulated by the State of California or if required by CITY. Section 12. Nondiscrimination CONSULTANT shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or related to the performance of this Agreement. Section 13. Termination A. CITY or CONSULTANT shall have the right to terminate this Agreement without cause, by giving not less than thirty (30) days prior written notice of termination. B. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, CITY may terminate this Agreement upon thirty (30) days prior written notice if CONSULTANT fails to take steps to correct such failure within the notice period. C. The Director of Public Works is authorized to terminate this Agreement on behalf of CITY. D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports, documents, and other work performed by CONSULTANT under this Agreement, and upon receipt thereof, CITY shall pay CONSULTANT for Services performed and reimbursable expenses incurred to the date of termination. Agreement TRA Environmental Sciences, Inc. 5 Section 14. Governing Law CITY and CONSULTANT agree that the law governing this Agreement shall be that of the State of California. Section 15. Compliance With Laws Consistent with its professional standard of care, CONSULTANT shall comply with all applicable federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. CONSULTANT shall procure the permits, certificates, and licenses necessary to allow CONSULTANT to perform the Services described in Exhibit A. CONSULTANT is required to pay prevailing wage where applicable. Section 16. Confidential Information All data, documents, discussions, or other information developed or received by or for CONSULTANT in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by CITY, or as required by law. Section 17. Ownership of Materials. Any interest (including copyright interests) of CONSULTANT or its subconsultants, in studies, reports, memoranda, computational sheets, plans, plans or any other documents (including electronic media) prepared by CONSULTANT or its subconsultants at any time in connection with the Services, shall be immediately upon its creation, the property of CITY. To the extent permitted by Title 17 of the United States Code, work product produced under this Agreement shall be deemed works for hire and all copyrights in such works shall be the property of CITY. In the event that it is ever determined that any work and any former works created by CONSULTANT or its subconsultants under this Agreement are not works for hire under U.S. law, CONSULTANT hereby assigns to CITY all copyrights to such works when and as created. With CITY's prior written approval, CONSULTANT may retain and use copies of such works for reference and as documentation of experience and capabilities. Electronic and hard copies of CONSULTANT's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. CITY holds CONSULTANT harmless for any reuse of or modification to the documents. Section 18. No Waiver. The granting of any payments, and any inspections, reviews, approvals or oral statements by any CITY representative, or certification by any governmental entity, shall in no way limit CONSULTANT's obligations under this Agreement. Either party's waiver of any breach, or the omission or failure of either party, at any time, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any other right to which any party is entitled, and shall not in any way affect, limit, modify or waive the party's right thereafter to enforce or compel strict compliance with every provision hereof. This Agreement may not be modified, nor may compliance with any of its terms be waived, Agreement TRA Environmental Sciences, Inc. 6 except by written instrument executed and approved by fully authorized representatives of CITY and CONSULTANT. Section 19. CONSULTANT's Books and Records A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices, canceled checks, and other records or documents evidencing or relating to charges for Services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT pursuant to this Agreement. B. CONSULTANT shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONSULTANT's address indicted for receipt of notice in this Agreement. C. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONSULTANT's business, CITY may, by written request by any of the above - named officers, require that custody of the records be given to CITY and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONSULTANT, CONSULTANT's representatives, or CONSULTANT's successor -in- interest. Section 20. Interest of CONSULTANT CONSULTANT 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. CONSULTANT further covenants that, in the performance of this Agreement, no subconsultant or person having such an interest shall be employed. CONSULTANT 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, CONSULTANT shall at all times be deemed an independent CONSULTANT and not an agent or employee of CITY. Agreement TRA Environmental Sciences, lnc. 7 Section 21. Gifts A. CONSULTANT is familiar with CITY's prohibition against the acceptance of any gift by a CITY officer or designated employee, which prohibition is found in CITY Administrative Procedures. B. CONSULTANT agrees not to offer any CITY officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by CONSULTANT. In addition to any other remedies, CITY may have in law or equity, CITY may terminate this Agreement for such breach as provided in Section 13 of this Agreement. Section 22. Notices All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To CITY: Terry W. Greene City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 408 - 777 -3354 terryg @cupertino.org To CONSULTANT: Christine Schneider TRA Environmental Sciences, Inc. 545 Middlefield Road, Suite 200 Menlo Park, CA 94525 650- 327 -0429 Schneider @traenviro.com Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Section 23. Venue In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court for the Northern District of California, San Jose, California. Agreement TRA Environmental Sciences, Inc. 8 Section 24. Agreement Binding /Prior Agreements and Amendments The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Section 25. 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. Section 26. Electronic Transmission of Informal ion From time to time, CONSULTANT may be directed to transmit information to CITY, or CITY's other Consultants, or CITY's Contractor via electronic transmission. CITY, or CITY's other Consultants, or CITY's Contractor shall not be entitled to and CITY hereby agrees not to alter or modify any such information without the express consent of CONSULTANT. Similarly, CITY, or CITY's other Consultants, or CITY's Contractor shall not use any information for any purpose' not expressly covered by this Agreement. CONSULTANT shall not be responsible for any destruction or corruption of such information during or after transmission to CITY, or CITY's other Consultants, or CITY's Contractor and shall be entitled to appropriate additional compensation in the event re- transmission or re- creation is required. Notwithstanding the foregoing, CITY's Contractor may use electronically transmitted information to prepare submittals, as -built drawings and record drawings. CONSULTANT shall not be responsible for any changes made by the Contractor or for the Contractor's work product. Section 27. Dispute Resolution Any dispute related to the Services hereunder shall be resolved by the parties pursuant to applicable law. greement t ''' l'''' d - rare. A Environmental Sciences, Inc % 9 Oe) P.O. # S WITNESS THE EXECUTION HEREOF on the day and year first herein above written. APPROV D AS TO FORM: CITY OF CUPERTINO n a municipal corporation City Attorney, Carol Korade date Z 70( Director of Public Works, Timm orden fej `:.'.. Attes p 6_ LSkutIL -4, / ( City Clerk, Kimrly Smith NOTARY PUBLIC CERTIFICATION 10300 Torre Avenue Cupertino, CA 95014 State of California 408 - 777 -3223 County of a ` ,-- n -cc\ CONSULTANT On_d t‘ /_m 4 / y avil , before me, TRA Environmental Sciences, Inc. Notary Public, personally. appeared ,ver By: . Gl�lr 1_�C Schn2 , who proved to me on the basis of satisfactory evidence to be the person (s'j whose name (4 is / awsubscribed to the Date: (I 7 ( I within instrument and acknowledged to me that be - t she / they the same Name: C t-f'P—L rips' E S G CT D a P in hi/ her / that capacity (ies), and that by his-/ her / thei gnature ( on the Title: \( (of � S t �7� instrument the person (s') or the entity l upon behalf of which the person (s'r Tax I.D. No.: 6 1 4" -- V. 41 acted, executed the instrument. 545 Middlefield Road, Suite 201 I certify under PENALTY OF PERJURY Menlo Park, CA 94025 V1 under the laws of the State of California 650- 327 -0429 that the foregoing paragraph is true and correct. Schneider @traenviro.com WITNESS my hand and official seal. Contract Amount: $25,000.00 Signatur ota Public Account No.: 427 - 9134 -9300 qi. 0/i/ 1 ��) SIfALINA Agreement : C ofn mlition #t 1761e80 TRA Environmental Sciences, Inc. 10 i ' t_ 3a Notary Publj . CaHfomio „u Alameda County Comm. 16`2011 Exhibit A, Scope of Services Exhibit B, Cost Table, and TRA Standard Billing Rates for the Preparation of an Initial Study /Mitigated Negative Declaration for the City of Cupertino's Stevens Creek Corridor Phase 2 TRA Environmental Sciences, Inc. 545 Middlefield Road, Suite 200 Menlo Park, CA 94025 March 30, 2011 Exhibit A - Scope of Services Page 1 Stevens Creek Corridor, Phase 2 City of Cupertino Exhibit A Scope of Services I. BACKGROUND The City of Cupertino (City) approved the Stevens Creek Corridor Initial Study /Mitigated Negative Declaration (IS /MND) in 2006. This document analyzed the environmental effects of the proposed Stevens Creek Corridor Master Plan in the Blackberry Farm, McClellan Ranch, and Stocklmeir areas along Stevens Creek. Phase 1 of this project, which mainly focused on Blackberry Farm and McClellan Ranch, was completed in 2009. The current phase of the project (Phase 2) would extend the Stevens Creek Trail 1.3 miles downstream from the current end of the trail at the Blackberry Farm picnic area /parking lot. Although this area was addressed in the 2006 IS /MND, the length of time since the IS /MND was approved arid the changes in project description require the preparation of a new IS /MND. As stated in the 2006 IS /MND, under Phase 2 the trail would follow the creek where it enters the golf course near the 7th hole and extend along the 8th hole. A protection fence would be constructed between the trail and the golf course along this short stretch to protect trail users from errant golf balls. The trail would then cross Stevens Creek on a new 10 -foot wide bridge where it would enter the Stocklmeir property. It would then travel through the old orange orchard to the existing driveway of the Stocklmeir property. The driveway may be modified to accommodate the adjacent trail alignment. The trail would then head east along Stevens Creek Boulevard where the sidewalk along Stevens Creek Blvd. would be modified and upgraded to serve as a trail connection. Trail users would be able to cross Stevens Creek Blvd. using a new crosswalk at Phar Lap Drive. ti. SCOPE OF WORK/METHODOLOGY TRA proposes to provide the City with an IS /MND that satisfies the requirements of Section 15063 of the State CEQA Guidelines and identifies potential environmental impacts associated with the construction of the Phase 2 project elements. The contents of the IS /MND will include a detailed project description with supporting maps and figures, a description of the environmental setting, and an analysis of the project's potential direct, indirect, and cumulative environmental affects and, where necessary, measures to mitigate potentially significant effects. We will use documentation from the 2006 IS /MND where relevant. The significance determinations reached as a result of the IS /MND process will be supported by facts and will inform the City about the type and degree of potential environmental impacts associated with the construction and operation of the extension of the Stevens Creek Trail. Work Tasks: The methodology presented below under the individual environmental disciplines reflects our current understanding of the project. The methodology for each Initial Study discipline is described according to the following outline which is consistent with Appendix G of the CEQA Guidelines. Task 1: Define Project and Environmental Issues TRA will work closely with the City and its relevant consultants to formulate and update an accurate and well defined description of the project; the specific subheadings and information presented in this section is described below in this scope of work. TRA will develop a comprehensive list of data needed to analyze the project's environmental impacts within a week of receiving an TRA Environmental Sciences, Inc. March 30, 2011 Exhibit A - Scope of Services Page 2 Stevens Creek Corridor, Phase 2 City of Cupertino Authorization to Proceed. Task 2: Prepare Administrative Draft Initial Study (Ad -Draft IS /MND) TRA will prepare the IS /MND by answering each Initial Study Checklist question with enough factual detail to clearly describe potential impacts and beneficial effects associated with the project. The IS /MND will characterize potentially significant impacts and recommend mitigation as necessary to reduce significant impacts to less than significant levels. Project mitigation measures and monitoring requirements per CEQA will be presented in the following format, which includes implementation and monitoring responsibilities: Impact: Short -term construction noise may exceed local noise standards during project construction. Mitigation NOI -1: Construction Best Management Practices (BMPs) to reduce noise generated by construction shall apply at all times during the construction phase. These BMPs include: • Appropriate mufflers shall be in place for large vehicles; • Use of loud radios by construction personnel at the construction site is prohibited; and • Construction activities shall occur only between 7AM -5PM, M -F, consistent with the City Noise Ordinance. Implementation: City and /or its contractors. Effectiveness: The recommended BMPs will reduce temporary construction noise impacts to less than significant levels. Monitoring: City and /or its contractors. Contents of the Initial Study Below is the proposed outline for the Initial Study, followed by a detailed description of the sections and issues to be addressed. 1.0. Introduction 2.0 Project Description 3.0 Environmental Setting, Impacts, and Mitigation Measures (Initial Study Checklist) 3.1 Aesthetics 3.2 Agriculture and Forestry Resources 3.3 Air Quality 3.4 Biological Resources 3.5 Cultural Resources 3.6 Geology and Soils 3.7 Greenhouse Gas Emissions 3.8 Hazards and Hazardous Materials 3.9 Hydrology and Water Quality 3.10 Land Use and Planning 3.11 Mineral Resources 3.12 Noise 3.13 Population and Housing 3.14 Public Services 3.15 Recreation 3.16 Transportation and Traffic 3.17 Utilities and Service Systems TRA Environmental Sciences, Inc. March 30, 2011 Exhibit A - Scope of Services Page 3 Stevens Creek Corridor, Phase 2 City of Cupertino 3.18 Mandatory Findings of Significance 4.0 Bibliography / Citations 5.0 Report Preparation Appendices The following details each section of the IS: 1.0 Introduction — will describe the purpose and organization of the IS /MND, the need for the IS /MND pursuant to CEQA Guidelines, and the intent of the document. The intent is to provide the City with detailed information about the project's potentially significant effects, plus measures to mitigate these potentially significant effects to Tess than significant levels. The City Council can then make an informed decision about the project. 2.0 Project Description — will serve as the basis for all subsequent analysis of environmental impacts, and thus is an essential chapter in the environmental study. The project description will provide a thorough and comprehensive description of all aspects of the proposed charter school as it relates to environmental impacts, including: • Project Overview • Project Background and Objectives • Location and Surrounding Land Uses • Existing Site Conditions • Project Components and Features • Permits and Approvals Required The text of the project description will be supported with site plans, maps, graphics and pictures as appropriate. 3.0 Environmental Setting, Impacts, and Mitigation Measures — utilizing the CEQA Initial Study Checklist, TRA will describe physical changes to the environment that would result from the construction and operation of the City. The IS /MND will incorporate information from the City's General Plan, zoning ordinance, and other published documents and maps. TRA will rely on the City's land use and environmental regulations as a basis for judging whether the project would have a potentially significant environmental impact (such as the noise ordinance, parking space standards, and traffic congestion measures). We will also consult with City staff, public service providers, and other relevant public agencies. All Initial Study Checklist questions will be answered completely, as described below. The following gives specifics on how TRA will answer the Initial Study Checklist questions: A. Aesthetics. TRA will adequately describe the existing conditions of the site and surrounding vicinity and features of the project that could influence its aesthetic impact. TRA will answer the Initial Study Checklist questions and expects that the answers will be similar to those found in the 2006 IS /MND. B. Agriculture and Forestry Resources. While the Stocklmeir property contains a total of 175 orchard trees (144 orange and 31 walnut), none of the project area is designated as "Prime Farmland," "Unique Farmland," or "Farmland of Statewide Importance" according to the Farmland Mapping and Monitoring Program of the California Resources Agency. Thus, TRA does not anticipate that the proposed project would result in any impacts to agricultural or forestry resources. TRA will provide thorough responses to the Initial Study Checklist questions regarding these resources. TRA Environmental Sciences, Inc. March 30, 2011 Exhibit A - Scope of Services Page 4 Stevens Creek Corridor, Phase 2 City of Cupertino C. Air Quality. TRA will provide appropriately detailed discussion of the project's potential air quality impacts consistent with the current Bay Area Air Quality Management District (BAAQMD) CEQA Guidelines for Assessing the Air Quality Impacts of Projects and Plans (June 2010). The air quality impact analysis will provide a description of the existing ambient air quality conditions of the air basin, present relevant regulatory requirements and thresholds, and discuss air emissions generated during project construction and operation. Most air quality issues relating are expected to be caused by increased dust/particulate matter and equipment emissions during construction (short term effects). As most of the users of the new park area are expected to be from the surrounding community, and because a small number of parking spaces will be provided at the golf course parking lot, no new long term effects are expected. Based on our knowledge of the project and Table 3 -1 of the BAAQMD (June 2010) CEQA Air Quality Guidelines, we do not anticipate that the project would result in significant air quality impacts from construction or operation. Standard dust control measures would be recommended to reduce dust emissions during construction. Under existing BAAQMD screening thresholds, the project would not have potentially significant impacts from exposure to toxic air contaminants. However, BAAQMD is proposing to adopt new screening thresholds that are much lower than the current thresholds and it is likely that the project would be found to have a potentially significant impact and mitigation would be required in the form of installation of highly efficient air filters on the air conditioning system of the school buildings. Because the new screening thresholds are controversial, BAAQMD may decide to delay their implementation. TRA will rely on whichever BAAQMD screening thresholds are in effect at the time of the preparation of the Initial Study and the project's air quality impact from exposure to toxic air contaminants would vary from less than significant to potentially significant depending on which set of thresholds are in effect. Mitigation measures will be recommended, as appropriate. D. Biological Resources. TRA will rely on the extensive biological data prepared for the 2006 IS /MND, as well as data prepared for the project site by the City or its consultants during the construction period of Phase 1. We do not believe that any new wildlife or plants have been listed as candidate, sensitive, or special status species in local or regional plans, policies, or regulations, or by the California Department of Fish and Game or U.S. Fish and Wildlife Service. However, we will perform due diligence efforts to ensure that the status lists for wildlife and plants at the site are updated. TRA will walk the site to ensure that no new sensitive species are present, including but not limited to bird species, bats, and San Francisco dusky- footed woodrat. Protocol -level surveys prepared in 2005 at the Blackberry Farm /golf course site failed to detect western pond turtle or California red - legged frog. These two species are not expected to occur at the site. This section will also contain the relevant mitigation measures from the 2006 IS /MND. E. Cultural Resources. The Cultural Resources Assessment prepared for this project by Basin Research Associates that included the Stocklmeir property was prepared in 2006. The findings of this report were presented in the 2006 IS /MND and the report was contained as an appendix. No prehistoric or significant historic era archaeological materials were observed during the field inventory. Based on the results of the earlier cultural resource study, no new effects are anticipated to occur at the site. TRA anticipates that the mitigation measures contained in the 2006 IS /MND would TRA Environmental Sciences, Inc. March 30, 2011 Exhibit A - Scope of Services Page 5 Stevens Creek Corridor, Phase 2 City of Cupertino be applicable to the Phase 2 project. Implementation of these BMPs would ensure potential impacts to cultural resources would be Tess than significant. F. Geology and Soils. The existing soils, regional geology, and seismic hazards at the site were documented and analyzed in the 2006 IS /MND. Since these existing conditions do not change in the span between the 2006 IS /MND and the present, no new impacts are expected. TRA will provide documentation and due diligence in answering the CEQA Checklist questions. G. Greenhouse Gas Emissions. This is a new topic that was not part of the CEQA Checklist in 2006. Phase 2 construction and operation will generate more traffic trips and use energy for fuel, heating and lighting, and thus the project will generate greenhouse gas emissions (GHGs). TRA will cross - reference the Air Quality analysis and will use the Traffic Impact Analysis to quantify the project's short- and long -term GHG emissions levels and compare these emissions to BAAQMD significance thresholds. If necessary, TRA will identify measures to reduce the project's GHG emissions. Based on our knowledge of the project and GHG emission rates, we do not anticipate the project will generate significant GHG emissions. H. Hazards and Hazardous Materials. As stated in the in the 2006 IS /MND, there are no known hazardous material sites identified in the project area based on a review of the Cortese List (pursuant to Government Code Section 65962.5). A hazardous materials report was completed for the Stocklmeir Property in May 1999 (City of Cupertino 1999). Because the property had been a commercial orchard until the late 1960s, this report recommends that a soils report be completed prior to any major disturbance of soil at the subject property, to determine if hazardous levels of pesticide residue still exist in the soil. This recommendation was listed in the 2006 IS /MND as Mitigation Measure HAZ -1, and will be incorporated into the Phase 2 document. I. Hydrology/Water Quality. The existing hydrological conditions of the site, including a discussion of the Stevens Creek watershed, climate, historical land use, stream conditions (including channel conditions and channel corridor hydrology), and a description of the regional ground water conditions at the site were documented and analyzed in the 2006 IS /MND. TRA will update this section as necessary and will provide documentation and due diligence in answering the CEQA Checklist questions. J. Land Use and Planning. The numerous Federal, State, Regional and Local plans, policies and regulations that apply to this project were completely discussed in the 2006 IS /MND. While parking is not specifically discussed in the CEQA checklist, it is a land use and community concern. For that reason, TRA and Hexagon Transportation Consultants Inc. will provide due diligence to document the parking issues and determine any environmental effects. K. Mineral Resources. The IS /MND will briefly note why the project will not impact mineral resources. L. Noise Issues. TRA will characterize the potential short and long term noise sources and determine if these sources will exceed standards of significance or cause major annoyance to the surrounding community. As no mitigation measures were required as part of the noise discussion in the 2006 IS /MND, we do not expect that mitigation will be necessary for the Phase 2 project. M. Population and Housing. Since the project is the construction and operation of the Stevens Creek Corridor, a City park, the IS /MND will briefly note why the project will not increase population growth. N. Public Services. The IS /MND will describe the project's anticipated public service needs and include a complete list of service providers. Possible impacts to those providers will be assessed. TRA Environmental Sciences, Inc. March 30, 2011 Exhibit A -. Scope of Services Page 6 Stevens Creek Corridor, Phase 2 City of Cupertino O. Recreation Resources. Since the project is the construction and operation of the Stevens Creek Corridor, a City park, the IS /MND will briefly note why the project will not negatively affect recreation resources. P. Transportation/Traffic /Circulation. It is understood that this trail extension would be used by the community and there are other published reports from surrounding cities documenting local park users. TRA will work with Hexagon Transportation Consultants, Inc. to confirm there is adequate parking at the site. TRA will use updated City data (2009 traffic counts) to prepare the traffic study setting, standards and findings for the traffic analysis. Q. Utilities and Service Systems. The IS /MND will describe utilities (water, wastewater treatment capacity, storm water runoff infrastructure and waste disposal) and services needed for the project and discuss potential impacts on utility providers. R. Mandatory Findings of Significance. Responses to these questions will be based on the impact discussions of the Initial Study checklist and whether the project has any potentially significant impacts. The discussion will reference incorporated and recommended mitigation measures as appropriate. 4.0 Report Preparation — this section will identify the consultants and staff responsible for preparation of the IS /MND. 5.0 References —This section will provide a reference list identifying sources used in answering each question. Appendices — TRA will provide any reports or technical studies used in the preparation of the Initial Study as appendices. Examples include, but are not limited to the reports and plans prepared by Balance Hydrologics, Inc., cultural resource studies, and any parking or traffic documentation. Task 3: Prepare Public Draft IS TRA will submit an Administrative Draft IS /MND for review by the City. TRA will provide an electronic Word document for review along with two paper copies of the Administrative Draft IS /MND. TRA will address any comments on the administrative draft and then produce a Public Draft IS /MND for circulation. TRA will prepare 20 copies of the Public Draft IS /MND; five of which will be for City use and 15 copies will be sent to the State Clearinghouse. TRA will also provide the City with an electronic copy of the document so it can make additional copies of the document as necessary. TRA will prepare the Notice of Intent (NOI) to Adopt the IS /MND according to CEQA Guidelines Section 15072, which is similar to a press release and used to fulfill the public noticing requirements of Section 15072. We will also prepare the Notice of Completion (NOC), which is the form that is sent to the State Clearinghouse along with the 15 copies of the Public Draft IS /MND. The official start of the 30- day public review process occurs when the NOC is received and recorded by the State Clearinghouse. Our budget includes staff time to prepare and FedEx the package to the State Clearinghouse. Our budget does not include any fees to the State of California Department of Fish and Game pursuant to Fish and Game Code Section 711.4, which provides monies for Fish and Game review of the CEQA document. This fee is now $2,044 for IS /MND documents. TRA Environmental Sciences, Inc. March 30, 2011 Exhibit A - Scope of Services Page 7 Stevens Creek Corridor, Phase 2 City of Cupertino Task 4: Meetings and Hearings Our scope provides for attendance at two meetings: 1) a project kick -off meeting with pertinent City staff, and 2) an in- progress meeting with the appropriate City staff. The meetings include preparation and travel time, but do not include preparation of any presentation materials. Task 5: Project Administration and Quality Control TRA recognizes that frequent, immediate and clear communication with the project team is essential to keep the environmental review phase of the project on track. We have allocated budget for communication, and coordination between the City and the TRA Project Manager to ensure we have the ability to communicate clearly and effectively. Additionally this budget covers contractual matters and case administration and implementing our quality control review process. TRA Environmental Sciences, Inc. March 30, 2011 Exhibit A Scope of Services Page 8 Stevens Creek Corridor, Phase 2 City of Cupertino 2. Proposed Work Schedule TRA estimates the following timeline as reasonable for preparation and completion of the IS /MND. Task or Deliverable Weeks to Complete Total Weeks from Signed Contract Receive Notice to One week 1 Proceed /Prepare Data Request for City Delivery of Ad. Draft IS /MND and Approximately 3 weeks from receipt 4 Mitigation Monitoring and of all substantial project information' Reporting Program (MMRP) City Review Approximately one week from 5 delivery of ADIS Delivery and release of Public Approximately two weeks after 7 Draft IS and Notice of Intent to receipt of comments on the Adopt Negative Declaration administrative draft* Public Review 30 days 11 Public Hearing Within the 30 -day public review -- (optional, not required) period Review of public comments; Approximately three weeks after 14 Preparation of Response to receipt of all comments Comments (RTC) memo Adoption of IS /MND and MMRP; Approximately four weeks after 15 Project Approval receipt of all comments; to be held at a regularly scheduled Board of Directors meeting Notice of Determination Filed Must be filed within five working 16 days after approval of the project 1 Having one master comment document facilitates our efforts to deliver products within the timeframe as listed in this schedule TRA Environmental Sciences, Inc. March 30, 2011 Exhibit B - Compensation Page 9 Stevens Creek Corridor, Phase 2 City of Cupertino Exhibit B Compensation Attached is the cost table with the labor allocation and expenses. The agreed -on budget for the IS /MND will be firm, subject to the contingencies and factors listed below. Please note that the line item costs are for budgeting purposes only. VVe do not bill by task, but by time and materials up to the specified limit of the contract. Schneider Lau Dugan Jones Ho Total Staff /Billing Rate ($ /hr) Senior Project Analyst Analyst Support Project Manager 111 II Manager $160 $110 $110 $90 $75 Task 1 Define Project and Env. Issues 4 4 2 2 12 2 Admin. Draft IS /MND I. Introduction 4 4 II. Project Description 2 20 4 26 III. IS Checklist A. Aesthetics 2 2 4 B. Agriculture /Forestry 1 1 C. Air Quality 6 2 8 D. Biological Resources 2 12 14 E. Cultural Resources 2 2 F. Geologic Issues 2 2 G. Greenhouse Gas Emissions 6 6 H. Hazards 1 1 I. Hydrology/Water Quality 3 2 5 J. Land Use 2 2 K. Mineral Resources 1 1 L. Noise 1 1 M. Population and Housing 1 1 N. Public Services 2 2 Q. Transportation /Circulation 2 16 2 20 P. Recreation 1 1 Q. Utilities and Services 1 1 R. Mandatory Findings of 1 1 Significance IV. Bibliography /Citations 1 1 1 3 V. Report Preparers 1 1 Appendices 1 2 3 3 Prepare Draft IS, NOI, NOC 4 16 6 4 30 4 Meetings 8 8 16 5 Administration /Quality Control 22 16 13 51 Task Labor Total 44 86 32 28 29 219 Task Labor Cost $7,040 $9,460 $3,520 $2,520 $2,175 $24,715 TRA Expenses $250 GRAND TOTAL $24,965 TRA Environmental Sciences, Inc. March 30, 2011 Exhibit B - Compensation Page 10 Stevens Creek Corridor, Phase 2 City of Cupertino FACTORS THAT WOULD TRIGGER AN INCREASE IN IS /MND COST 1. Meetings and Hearings The proposed budget includes the attendance at two meetings and one hearing, as shown in the Cost Proposal. If additional meetings are required, these will be subject to additional compensation. 2. Expense Estimates The expense estimate is based on estimated mileage and the number of documents to be printed and the number of pages per document. All expense estimates are typical estimates; actual expenses are billed at cost and may exceed or be less than the amounts shown. The upper limits shown here do not apply to expenses and travel cost in excess of those specifically budgeted. 3. Administrative Drafts The cost estimate also assumes there will be only one round of administrative review prior to publication of the IS /MND. If more administrative drafts are required, the cost of additional consultants' time and materials will be subject to negotiation with the City. 4. Project Information or Changes in Project The following contingencies would be subject to additional compensation and an amendment to the scope of work: • Details related to the design and operation of the project requires the analysis of additional environmental issues not already covered by the scope of work. • The City makes changes to the project or the site plan once the IS /MND is underway, or provides alternative site plans that must be analyzed. TRA Environmental Sciences, Inc. March 30, 2011 TRA Billing Rates Page 11 Stevens Creek Corridor, Phase 2 City of Cupertino TRA ENVIRONMENTAL SCIENCES, INC. BILLING RATES — 2011 Unless specified otherwise by prior agreement, invoices are submitted monthly showing time and charges for professional services by staff category and a separate figure for expenses. Invoices are payable upon receipt. Invoices unpaid past 30 days are subject to interest at 1 1/2% per month. TRA Environmental Sciences, Inc., Labor (includes all overhead) STAFF BILLING RATES CATEGORY $ /HR Principal 200 Senior Project Manager II 160 Senior Project Manager I 140 Project Manager II 120 Project Manager I 110 Senior Biologist II /Senior Analyst 11 140 Senior Biologist I /Senior Analyst I 125 Biologist III /Analyst III 110 Biologist II /Analyst II 90 Biologist I /Analyst I 75 CAD /GIS /Graphics 90 Support Staff 75 EXPENSES CATEGORY BASIS Commercial travel cost +10% Automobile travel current IRS rate + $0.10 /mile Lodging /Meals Cost + 10% Photocopy (A and B sizes) $0.10 /image Color copies $0.50 /image CNDDB search $100 (one time fee) Commercial report reproduction cost +10% Noise meter setup $50 /unit/day Subcontractors cost +10% Other (lab, aerial photos, etc.) cost +10% Rates subject to revision effective January 1 of each year. TRA Environmental Sciences, Inc. March 30, 2011 Form W -9 Request for Taxpayer Give form to the (Rev. January 2003) identification Number and Certification requester. Do not Department of the 'Treasury send to the IRS. Internet Revenue Sank* • ,:, Name a, TRA Environmental Sciences, Inc. OS CI. Business name. If different from above c 0 N Individual/ Exempt from backup k ti Check appropriate box: ❑ ❑ Sole proprietor ® Corporation ❑ Partnership ❑ Other ■ withholding t N Address (number, street, and apt. or suite no.) Requester's name and address (optional) & e 545 Middlefield Road, Suite 200 City, state. and ZIP code Menlo Park, CA 94025 -3472 9 List account number(s) here (optional) Part I Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. For individuals, this is your social security number (SSN ). Social security number However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on 1 1 + l J page 3. For other entities, it is your employer identification number (EIN). If ycu do not have a number, see How to get a TIN on page 3. or Note: If the account is m more than one name, see the chart on page 4 for guidelines on whose number Employer identification number to enter. 9 1 4 1. 1 8 13 1 2 11 1 4 1 9 ® Certification Under penalties of perjury. I ceniry that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. person (including a U.S. resident alien). Certification Instructions. You must cross out Item 2 above if you have beer notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. (See the instructions on page 4.) Sin 9 signature of Here U.S. persons- Date • .7/5/0 7 Purpose of Form Nonresident alien who becomes a resident alien. Generally, only a nonresident alien individual may use the A person who is required to file an information return with terms of a tax treaty to reduce or eliminate U.S. tax on the IRS, must obtain your correct taxpayer identification certain types of income. However, most tax treaties contain a number (TIN) to report, for example, income paid to you, real provision known as a "saving clause." Exceptions specified estate transactions, mortgage interest you paid, acquisition in the saving clause may permit an exemption from tax to or abandonment of secured property, cancellation of debt, or continue for certain types of income even after the recipient contributions you made to an IRA, has otherwise become a U.S. resident alien for tax purposes. U.S. person. Use Form W -9 only if you are a U.S. person If you are a U.S. resident alien who is relying on an (including a resident alien), to provide your correct TIN to the exception contained in the saving clause of a tax treaty to person requesting it (the requester) and, when applicable, to: claim an exemption from U.S. tax on certain types of income, 1. Certify that the TIN you are giving is correct (or you are you must attach a statement that specifies the following five waiting for a number to be Issued), items: 2. Certify that you are not subject to backup withholding, 1. The treaty country. Generally, this must be the same or treaty under which you claimed exemption from tax as a 3. Claim exemption from backup withholding if you are a nonresident alien. U.S. exempt payee. 2. The treaty article addressing the income. Note: if a requester gives you a form other than Form W -9 3. The article number (or location) in the tax treaty that to request your TIN, you must use the requester's form if it is contains the saving clause and its exceptions. substantially similar to this Form W -9. 4. The type and amount of income that qualifies for the Foreign person. If you are a foreign person, use the exemption from tax. appropriate Form W -8 (see Pub. 515, Withholding of Tax on 5. Sufficient facts to justify the exemption from tax under Nonresident Aliens and Foreign Entitles). the terms of the treaty article. Cat. No. 10231X Form W -9 (Rev. 1 - 2003) OFFICE OF THE CITY CLERK CITY HALL 1 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 41. 94. TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 � WEBSITE: www.cupertino.org CUPERTINO May 9,2011 TRA Environmental Sciences Inc. Attn: Christine Schneider 545 Middlefield Road, Suite 200 Menlo Park, CA 94025 Re: Agreement Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino for Professional Services for Stevens Creek Corridor Park Phase 2 Environmental Clearance. If you have any questions, or need additional information, please contact the Public Works department at (408) 777 -3354. Sincerely, Kirsten Squarcia City Clerk's Office Enclosure cc: Public Works