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13-027 David J. Powers & Associates, Inc. Agreement for Parkside Trails ProjectJanuary 22, 2014 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org David J. Powers & Associates 1871 The Alameda, Suite 200 San Jose, CA 95126 Re: Agreement Enclosed is a fully executed original copy of the first amendment to your agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Community Development Department at (408) 777 -3308. Sincerely, LQ)0� -- / Ll- �Dorothy Stee Zfo Senior Office Assistant cc: Planning Enclosure r (VI . Abo IRST MENDMENT GREEMENT BETWEEN THE CITY OF CU DAVID T POWERS & ASSOCIATES FOR CONSULTANT SERVI PARKSIDE TRAILS PROJECT TINO AND FOR THE This First Amendment ' to the Agreement between the City of Cupertino and David J Powers & Associates, for reference dated December 19, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY ") and David T Powers & Associates, a California corporation, whose address is 1871 The Alameda Suite 200, San lose CA, 95126, (hereinafter CONTRACTOR ), and is made with reference to the following: RECITALS: A. On February 5, 2013, an agreement was entered into by and David T Powers & Associates (hereinafter "Agreement "). B. City and David T Powers ,& Associates desire to modify the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between parties as follows: 1. TERM: The term section of the Agreement is Inlod�y ifs ied t read as follows: The services and /or materials furnished under this Agreement shat February 5, 2013, and shall be completed before December 31, 2014, or agreement. 2. SERVICES TO BE PERFORMED: Services to be performed section of the Agreement shall shall be in full force and effect. 3. COMPENSATION:. The Compensation section of the Agreement shall remain the in full force and effect. Except as expressly modified herein, all other terms and cove the Agreement shall remain the same and Shall be in full force and effe Page 1 of,2 First Amendment, David J Powers & Associates, Parkside "Grails Project, 12 -19 -13 between City Agreement on undersigned commence on as extended by the same and and shall be is set forth in IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. By ktJ e Title �Yeg d Q Lk� Date 12 % / 9 %/ 3 CITY OF CUPERTINO A Municipal Corporation By �, Gary Chao, City Planner Date l a-1"1 13 APPMD AS TO FORM: By Carol Korade, City Attorney ATTEST: By Grace Schmidt, City Clerk (—(5-- ( Y Page 2 of 2 First Amendment, David j Powers & Associates, Parkside Trails Project, 12 -19 -13 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND David J. Powers & Associates, INC, FOR CONSULTANT SERVICES FOR Parkside Traits Project THIS AGREEMENT, for reference dated February 5, 213, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and David J. Powers & Associates, Inc, a California corporation, whose address is 1871 The Alameda, Suite 200, San Jose CA, 95126 (hereinafter referred to as "Consultant "), and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on February 5`", 2013, and shall terminate on December 31 s`, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED:. Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the Parkside Trails fund (110- 2218). For the full performance of this Agreement, CITY shall pay CONTRACTOR: $155,046. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the perfornance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer- independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer - employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCU Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his /her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. HOLD HARMLESS: Indemnification: 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, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the negligent 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. 9. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 9A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (l) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: `6500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: :$500,000 each occurrence Property Damage: S 100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he /she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his /her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation iNhich any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 10. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 11. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent (50 %) or more of the voting power of the corporation. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 13. PERMITS AND LICENSES: Consultant, at his /her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 14. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and /or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 15. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 16. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Planning Department All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: David J. Powers & Associates, Inc 1871 The Alameda, Suite 200 San Jose, CA 95126 17. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 18. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 20. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 21. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto. and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 22. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 23. CAPTIONS: . The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT David J. Powers & Associates Inc By 4J�\IV 1 �60 W Title ek %& Date ti CITY OF CUPERTINO A Municipal Corporation By Gary Chao Title City Planner Date February 5r", 2013 RECOMMENDED FOR PPROVAL: Title Director, Community Development A P OVED AS TO FORM: L� City Attorney AT ST: / /=� < j, At City Clerk { I II �l, & ASSOCIATES, INC. LJ D January 14, 2013 Aki Honda Snelling, AICP Senior Planner Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: Parkside Trails Project— Proposal for Preparation of an Initial Study (Rev. 1) Sent via email to: AkiH(a),cupertino.org Dear Ms. Snelling: David J. Powers & Associates (DJP &A) is pleased to provide you with this revised scope of work and cost estimate for the preparation of an Initial Study for the Parkside Trails Project east of Stevens Canyon Road in the City of Cupertino. This revised scope of work outlines completion of technical studies in stages and the cost of preparing an Environmental Impact Report (EIR) after completion of the Initial Study, if required. 1.0 Background and Understanding of the Project Parkside Trails, LLC is proposing a General Plan amendment, rezoning, and subdivision on a 42.5 acre site (APNs 351 -10 -043 and 351 -10 -028) in the southwest corner of the City of Cupertino, adjacent to existing residential development, Stevens Creek County Park and Fremont Older Open Space Preserve. Access to the project site is from Stevens Canyon Road. On the northern nine (9) acres of the 42.5 acre site, the land use designation in the City's General Plan is proposed to change from Very Low Density (5 -20 Slope Density) to Low Density Residential (1 -5 dwelling units /acre) and the zoning is proposed to change from RHS (Residential Hillside) to R1 -10. Under the R1 -10 zoning the minimum lot size would be 10,000 square feet. The applicant anticipates 18 residences could be constructed on the parcel along with public streets. The remaining land to the south of the proposed 9 -acre parcel would be subdivided into two parcels. The land use designation in this area is proposed to change from Very Low Density (5 -20 Slope Density) to Parks and Open Space. The existing zoning is RHS and RHS -21. The proposed zoning for these parcels is OS /PR (Open Space /Public Park/Recreational Zone). The proposed 2.5 acre parcel along Stevens Creek ( "Riparian Corridor Parcel ") could be dedicated to a future phase of the City's Stevens Creek Corridor project. The southern 31.0 acre "Park Parcel" could be dedicated to County of Santa Clara Parks or the Midpeninsula Regional Open Space District. Aki Honda December 6, 2012 Page 2 In addition to the proposed General Plan amendment, rezoning and subdivision on the 42.5 acre parcel, three future trails corridors (totaling approximately 8.2 acres) may be made available to the City of Cupertino along routes previously identified in the Stevens Creek Trails Feasibility Report (2002). The trail corridors include: • Former Quarry Haul Road from McClelland Road - a 2.3 acre linear parcel (APN 356- 05 -005) adjacent to Deep Cliff Golf Course, Linda Vista Park and residential areas; • Deep Cliff Trail Corridor - a 4.5 acre (100 foot wide) corridor on the south side of Stevens Creek (portions of APN 365 -05 -007 and A13N 365 -05 -008) • Regional Trail on Former Quarry Site -An approximately 1.4 acre trail dedication or easement that would extend from Linda Vista Park, southwesterly to the proposed "Park Parcel" to the west. A possible land swap of the 0.5 acre "panhandle" portion of APN 356 -05 -008 with the Deep Cliff Golf Course property owner may also be considered as a part of the proposed project. Our understanding is that the purpose of the land swap would be to preserve additional areas of the Stevens Creek riparian corridor. The project site, including the 42.5 acre parcel and the three possible trail corridors, are located at the urban edge and include resources such as scenic hillsides, a major riparian corridor, and habitat for special status wildlife species (e.g., California red - legged frog). The general area is also used by recreationalists for hiking, bicycling, golf and other active outdoor sports. The roadway frontage on Stevens Canyon Road is traveled by quarry haul trucks, bicyclists, residents, visitors to local regional parks, and through traffic commuters to Interstate 230. Sight distance is limited in the area due to roadway curvature, vegetation, and hillsides. Key environmental issues associated with the proposed residential (9- acre) portion of the site include safe site access from Stevens Canyon Road, slope stability of roadway improvements, impacts to trees, appropriate setbacks from the Stevens Creek riparian corridor, and aesthetics impacts of future development (residences and roadway fill slopes or retaining walls) when viewed from public vantage points. A 2001 geotechnical report also identified limited areas of unengineered fill on the 9 -acre site. Key environmental issues on the more heavily vegetated Riparian Corridor Parcel, Park Parcel, and the three trail dedication areas include possible future impacts to riparian and wetland resources and trees and natural vegetation. Known hazards in these areas are associated with slope stability and existing landslides. The project application includei a range of exhibits, including a land use map, zoning map, and an illustration showing the three possible trail dedications. A site plan, grading and drainage plan, and landscape plan were not provided. This scope of work is based upon the following project documents: • Parkside Trails, Project Application, dated April 3, 2012 • Fehr & Peers, Preliminary Transportation Impact Analysis Aki Honda December 6, 2012 Page 3 • Fehr & Peers, Focused Sight Distance Evaluation • H.T. Harvey & Associates, Parkside Trails, Jurisdictional Habitat Assessment (one page) • TS Civil Engineering, Inc., sketches of riparian corridor boundary on topographic maps dated 6- 28 -12. The scope of work describes the main issues to be discussed in an Initial Study, and the estimated schedule and cost for completion. Our work will be billed on a time and materials basis, in accordance with the attached fee schedule. If we do not need all the staff hours /cost requested, we will only charge you for the time that we actually spend completing the work. If this proposal is acceptable to the City, it can be attached as a scope of work to the City's standard consultant agreement. We appreciate your consideration of our firm for this work and look forward to working with you on this project. Please contact me or Nora Monette if you have any questions about this proposal or need any additional information. Sincerely, Demetri Loukas Project Manager Attachments: Attachment A: Scope of Work Attachment B: Charge Rate Schedule Attachment C: Information Required for Project -level Review Attachment D: Information Needed for Air Quality Analysis ATTACHMENT A & ASSOCIATES. INC. PARKSIDE TRAILS RESIDENTIAL GENERAL PLAN AMENDMENT, REZONING, AND SUBDIVISION SCOPE OF ,SERVICES November 30, 2012 The project site is located in the southwest corner of the City of Cupertino, adjacent to Stevens Creek County Park and Fremont Older Open Space Preserve. The site is designated Very Low Density (5 -20 Slope Density) in the City's General Plan and is zoned RHS (Residential Hillside). Currently, the site consists of vacant and undeveloped land. The interior parcel includes a former quarry and Stevens Creek crosses the site in an incised channel. The surrounding land uses include residential uses to the north and City and regional parkland to the east and south. Access to the westernmost parcel is from Stevens Canyon Road. The project consists of a General Plan amendment, rezoning, and subdivision on a 42.5 acre portion of the site (APNs 351 -10 -043 and 351 -10 -028). On the northern nine (9) acres of the 42.5 acre site, the land use designation in the City's General Plan is proposed to change from Very Low Density (5 -20 Slope Density) to Low Density Residential (1 -5 dwelling units /acre) and the zoning is proposed to change from RHS (Residential Hillside) to R1 -10. The applicant anticipates 18 residences could be constructed on the parcel along with public streets. The remaining land to the south of the proposed 9 -acre parcel would be subdivided into two parcels. The land use designation on these two parcels is proposed to change from Very Low Density (5 -20 Slope Density) to Parks and Open Space. The existing zoning is RHS and RHS -2l . The proposed zoning for these parcels is OS /PR (Open Space /Public Park/Recreational Zone). The proposed 2.5 acre parcel along Stevens Creek ( "Riparian Corridor Parcel ") could be dedicated to a future phase of the City's Stevens Creek Corridor project. The southern 31.0 acre "Park Parcel" could be dedicated to County of Santa Clara Parks or the Midpeninsula Regional Open Space District. Access to the planned 18 residences would be from Stevens Canyon Road. Due to limited sight distance along the project frontage, two access options are currently being considered. One option is to move the access point to the western edge of the site. The other option is to grade the hillside on the north side of Stevens Canyon Road, across from the project site In addition to the proposed General Plan amendment, rezoning and subdivision on the 42.5 acre parcel, three future trails corridors (totaling approximately 8.2 acres) would be dedicated to the City of Cupertino along routes previously identified in the Stevens Creek Trails Feasibility Report (2002). David J. Powers & Associates (DJP &A) will prepare an Initial Study (IS) that evaluates the environmental effects of the proposed project in accordance with the California Environmental Quality Act (CEQA) and City of Cupertino standards. The IS will provide an objective determination of the environmental impacts that could result from the proposed General Plan amendment, rezoning, and subdivision. Because the project includes a range of actions (e.g., the General Plan amendment, rezoning, subdivision, and three possible trails corridors), the project impacts will be evaluated in the IS at a corresponding level of specificity. Development of an 18 -unit single family residential development on a 9 -acre parcel will be evaluated at a project - level, while the other anticipated uses of the site on the Riparian Corridor Parcel, Park Parcel, and the three possible trails corridors to the east will be addressed at a program - level. For the program -level analysis, mitigation can only be characterized in terms of General Plan policies or other "programmed" mitigation measures, such as confonnance with ordinances, laws, or adopted policies, that would typically be implemented at the time of specific future development. Based on discussion with City Staff and review of the information provided to us by the City of Cupertino, the proposed project may be eligible for a Mitigated Negative Declaration (MND), assuming no significant environmental impacts are identified by the IS that cannot be mitigated to a less than significant level. The specific tasks included in this scope of work are outlined below. 1.0 PREPARATION OF ADMINISTRATIVE DRAFT INITIAL STUDY 1.1 Proiect Description The IS will describe the proposed General Plan amendment, rezoning, and subdivision, including the types of uses that are allowed under the proposed land use designations and zoning districts. Specific details of the 18 -unit residential development, including density, setbacks, site coverage, and site access will be described. Foreseeable trail development on the Riparian Parcel, Park Parcel, and three possible trail corridors will be outlined. 1.2 Environmental Setting, Impacts, and Mitip-ation Measures The IS will include an environmental checklist, consistent with the CEQA Guidelines, which will be used to identify significant impacts that could result from future development on the site under the proposed General Plan land use designations and zoning districts. For each subject area in the environmental checklist, the IS will include an overview of the environmental setting within which the project is located. The IS will address in more detail all issues identified as having other than "No Impact" on the checklist. Appropriate mitigation measures (e.g., project - specific measures for the 9 -acre residential parcel and conformance with applicable ordinances and policies and local, State and Federal laws and regulations for the remainder of the project site) will be identified for any anticipated impacts. The IS will contain maps, photographs, tables, and other graphics to illustrate and summarize information presented in the IS. It is anticipated that the rip mary issues to be discussed will include: land use, aesthetics, transportation, noise, biology, hydrology and water quality, air quality, and geology. The scope of work proposed for the primary issues is described below. 1.2.1 Land Use The IS will describe the existing land uses and current General Plan land use designations on and adjacent to the project site, and evaluate the potential for land use compatibility impacts to result from future development on the site under the proposed General Plan land use designations and zoning districts. Mitigation measures will be identified for significant land use impacts, as appropriate. 1.2.2 Transportation Peak hour trip generation from an 18 -unit single - family subdivision would be limited and the addition of open space to existing parks is not anticipated to generate substantial new vehicle, bicycle or pedestrian traffic in the area. Therefore, preparation of a full transportation impact analysis in conformance with City of Cupertino and Valley Transportation Authority Congestion Management Agency (CMA) Guidelines is not included in this scope of work. The Initial Study will describe the existing roadway network in the area based upon information provided by the City of Cupertino and Fehr & Peers Associates. Sight distance is limited in the area due to roadway curvature, vegetation, and hillsides. The Initial Study will evaluate the project traffic and driveway sight distance impacts, based on the Focused Traffic Impact Analysis (June 13, 2012) and Focused Sight Distance Evaluation (September 7, 2012) prepared for the project by Fehr & Peers Associates. Mitigation measures will be identified for significant traffic impacts, as appropriate. 1.2.3 Noise Truck traffic on Stevens Canyon Road is the main source of noise in the project area. As shown on the City of Cupertino Noise Contour Map, noise levels on the project site along Stevens Canyon Road are 70 dBA CNEL. Noise impacts to and from the proposed residential project will be evaluated in the Initial Study based on a noise study to be prepared for the project by Illingworth & Rodkin. Ambient noise levels will be measured at the project site and the roadway noise will be modeled. Mitigation measures will be identified for significant noise impacts, as appropriate. 1.2.4 Biological Resources The undeveloped project site is covered with grasses, shrubs, and numerous native and non - native trees. Stevens Creek crosses through the site, adjacent to the area proposed for residential development. The biological resource impacts resulting from the proposed project will be described in the IS based on the biological resources assessment prepared for the project site by H. T. Harvey & Associates, and a tree survey completed for the 9 -acre parcel by the City Arborist, or other approved certified arborist, and provided to DJP &A. Mitigation measures will be identified for significant biological resource impacts, as appropriate. 1.2.5 Aesthetics The undeveloped project site exhibits a natural setting and is located on the edge of urban development adjacent to open space. The development of 18 residences on the site and construction of a new public road would change the visual appearance of the 9 -acre parcel. The aesthetic impacts resulting from the project will be described in the IS. The IS will include photosimulations prepared by Previsualists to illustrate the visual change resulting from the project. Photosimulations from two viewpoints (i.e., eastbound and westbound Stevens Canyon Road), one of each access option, would be prepared. Mitigation measures will be identified for significant aesthetics impacts, as appropriate. 1.2.6 Hydrology and Water Quality A drainage area across Stevens Canyon Road encompassing approximately 35 acres currently drains onto and through the project site. Future development of the project site will capture and convey this runoff to an outfall on Stevens Creek and would increase impervious surfaces and peak runoff on the project site. The IS will describe the hydrology and water quality impacts resulting from the project, based on information provided to DJP &A by the project civil engineer (refer to Attachment C). A portion of the site is also within the inundation area of Stevens Creek Dam. Mitigation measures will be identified for significant hydrology and water quality impacts, as appropriate and identified by the project engineer. Mitigation measure will, at a minimum, be based upon Best Management Practices and Regional Water Quality Control Board NPDES C.3 requirements for this area of the City of Cupertino. 1.2.7 Geology and Soils The proposed residential development would occur adjacent to a creek corridor, and the dedicated trail alignments are located in the area of a former quarry. Residential development on the project site and the dedicated trail alignments could be affected by slope stability issues and /or subject to erosion. Geology and soil impacts will be described in the IS, based on an Initial Geotechnical Study completed by Cornerstone Earth Group. Mitigation measures will be identified for significant geology and soils impacts, as appropriate. 1.2.8 Air Quality The Initial Study will describe the air quality impacts that could result from construction and occupancy of the proposed residential project, based on an air quality analysis prepared by Illingworth & Rodkin. The air quality analysis will evaluate the impacts of construction related dust and diesel particulates upon the adjacent residences, and the possible exposure of future residents to diesel particulates from truck traffic on Stevens Canyon Road. Mitigation measures will be identified for significant air quality impacts, as appropriate. 1.2.9 Hazards and Hazardous Materials The project includes the possible dedication of land to public agencies. The historic use of hazardous materials, especially those associated with the former quarry, will be addressed based upon Phase I Environmental Site Assessments prepared by Cornerstone Earth Group. Mitigation measures to be considered at the time of future development will be identified, as appropriate. 1.2.10 Public Services Public services, including schools, will be addressed based upon available information on City of Cupertino fire and police protection, parks, library and other services and a schools impact study completed by School House Services. The school impact study will be completed under separate scope and budget and provided to DJP &A by the City of Cupertino. Mitigation measures will be identified, as appropriate. 1.2.11 Other Areas The IS will also consider the project's impacts on agriculture and forestry resources, cultural resources, mineral resources, population and housing, public services, and utilities and service systems. The preparation of an updated cultural resource archival research report for both the 42 -acre parcel and possible trail alignments across the former quarry area are included in this scope of work. Existing sources of information (e.g., City of Cupertino General Plan) would also be used to address these other issues. 2.0 SUBMITTAL OF ADMINISTRATIVE DRAFT INITIAL STUDY Upon completion of the Administrative Draft Initial Study (ADIS), DJP &A will submit an electronic copy and up to five (5) hard copies of the ADIS to the City of Cupertino Planning Department for review. 3.0 CIRCULATION OF THE INITIAL STUDY DJP &A will revise the ADIS per the comments received from the City, and provide up to 40 paper copies, 20 CD copies, and one web -ready PDF copy of the IS to the City for the 30 -day review period. DJP &A will address comments received by the City within the 30 -day review period. DJP &A has budgeted 16 hours to prepare responses to comments. In the event that substantial comments or objections to the IS are received by the City, DJP &A will provide assistance to defend the IS /MND on a time and materials basis as an extra work item, upon the City's authorization. 4.0 MEETINGS, HEARINGS, AND PROJECT COORDINATION This scope of work includes DJP &A attendance at up to three project meetings and three public meetings /hearings, and time for general project coordination. Phone and email communication will also be used to update City Staff on the progress of the environmental analysis and any outstanding issues to be resolved. 4.0 INFORMATION TO BE PROVIDED TO DJP &A The project information to be provided to DJP &A at the time of authorization to proceed is listed in Attachment C and Attachment D. 5.0 BUDGET The cost to prepare the IS is estimated not to exceed a maximum of $99,953 in accordance with the estimated budget provided below and attached fee schedule. All costs will be billed on a time and materials basis commensurate with work completed. If DJP &A does not need all the time that has been budgeted, we will only bill for the time actually spent completing the work. Payment will be due on a monthly basis. An estimated breakdown of the IS cost estimate, by task, is provided below. COST ESTIMATE DJP &A Costs to Prepare Initial Study In -House Hours (56 hours Principal Project Manager, 188 hours $42,220 Project Manager, 20 hours Graphic Artist) Subconsultants* H.T. Harvey (Biological Resources) $13,775 Cornerstone (Phase 1 ESA 42.5 -acre Project Site) $ 4,083 Cornerstone (Phase I ESA 90 -acre Quarry Property) $ 3,048 Cornerstone (Initial Geotechnical Investigation (9 -acre site) $ 5,635 Cornerstone (Access Options Geology Constraints) $ 2,128 Cornerstone (Geology Impact Study -Trail Alignments) $ 3,968 Holman & Associates (Cultural Resource Archival Research Update) $ 1,725 Previsualists (Photosimulations) $ 4,669 Illingworth & Rodkin (Air Quality) $ 7,303 Illingworth & Rodkin (Noise) $ 8,625 Subtotal (Subconsultants) $54,959 Expenses* Reproduction & Reimbursable Expenses $ 2,774 Total Estimated Initial Study Budget $99,953 Note: *Subconsultants and reimbursable expenses are cost plus 15 %. The work above may be authorized in stages as outlined below. Please note that the cost estimate shown above is a not -to- exceed amount for all tasks and stages combined. Within this not -to- exceed total, actual amounts spent on individual tasks or stages may be more or less than the estimates. For work authorized in Stages, the total amount invoiced will not exceed the amount authorized without prior written approval. Stage Description Estimated Cost 1 Project initiation and completion of Phase I ESAs and Cultural Resources technical reports $13,456 2A Preparation of Initial Study; completion of Geology and Biology Reports and Photosimulation s. $58,435 213 Preparation of Air Quality and Noise Impacts Reports $15,928 3 Reproduction of Initial Study and DJP &A Public Hearing Attendance $12,134 Total 1 1 $99,953 Detailed Breakdown of Stages Stage 1: Project Initiation and Completion of Phase I ESAs and Cultural Resources technical reports. DJP &A Estimated Stage 1 Costs In -House Hours (10 hours Principal, 16 hours Project Manager) $ 4,600 Subconsultants Cornerstone (Phase I ESA 42.5 -acre Project Site) $ 4,083 Cornerstone (Phase I ESA 90 -acre Quarry Property) $ 3,048 Holman & Associates (Cultural Resource Archival Research Update) $ 1,725 Stage 1 Subtotal: $13,456 Stage 2A: Preparation of Project Description and Initial Study; Completion of Geology and Biology Reports and Photosimulations. (Note: Initial Study to be completed once technical reports in Stage 2A and 2B are complete) DJP &A Estimated Stage 2A Costs In -House Hours (28 hours Principal Project Manager, 134 hours $27,960 Project Manager, 20 hours Graphic Artist) Subconsultants* H.T. Harvey (Biological Resources) $13,775 Cornerstone (Initial Geotechnical Investigation (9 -acre site) $ 5,635 Cornerstone (Access Options Geology Constraints) $ 2,128 Cornerstone (Geology Impact Study -Trail Alignments) $ 3,968 Previsualists ( Photosimulations) $ 4,669 Expenses* Reproduction & Reimbursable Expenses $ 300 Stage 2A Subtotal (includes expenses for Administrative Drafts): $58,435 Stage 213: Preparation of Air Quality and Noise, hnpacts Reports Subconsultants Illingworth & Rodkin (Air Quality) Construction TAC Analysis $ 4,140 Stevens Canyon Road Traffic Screening Modeling $ 863 TAC Analysis of Stevens Canyon Road Traffic (if needed) $ 2,300 Illingworth & Rodkin (Noise) $ 8,625 Stage 2B Subtotal: $15,928 Stage 3: Reproduction of Initial Study and DJP &A Public Hearing Attendance Stage 3 DJP &A Costs In -House Hours — Initial Study Reproduction and Public Hearings $ 9,600 (18 hours Principal Project Manager, 38 hours Project Manager) Expenses* Reproduction & Reimbursable Expenses $ 2,474 Stage 3 Subtotal: $12,134 6.0 OPTIMUM SCHEDULE An optimum schedule for completion of the IS is shown on the following page, and is based upon requested staging from the City of Cupertino and the applicant. DJP &A can commit to maintaining the schedule in the areas that are within our control. However, a corresponding slip in the schedule will occur as a result of unanticipated delays beyond our control, including failure to receive project - related information in a timely manner, need for additional technical analyses, delays in administrative review, and continuances of public hearings or similar events. Optimum IS Schedule December 6, 2012 Completed Task/Product Stage Duration End of Week Receive written authorization to proceed. 1 -- Week 1 Phase I ESAs and Cultural Resources Technical studies complete. 5 -6 weeks' Week 6 -7' Receive all requested project information and authorization for Stage 2A work 2 weeks Week 3 DJP &A Prepare Project Description for City and Applicant Review 1 week Week 4 Biological resources and geology technical reports an& 4 -7 weeks' Week 8 -11 photosimulations complete DJP &A receive all requested project information for construction air quality analysis and authorization for Stage 2B work 2 5 weeks Week 6 Construction air quality analysis, roadway air toxic analysis and 4 -7 weeks' Week 10 -13 noise technical reports (as authorized) completed Administrative Draft Initial Study submitted to City (2 weeks after all technical reports complete). 6 -9 weeks Week 12 -15 City reviews Administrative Draft Initial Study (3 weeks). 3 weeks Week 15 -18 DJP &A revises Initial Study per City comments (1 -2 weeks). 1 -2 weeks Week 16 -20 City reviews revised Initial Study (2 weeks). Detennination is made by the lead agency whether an EIR is required.' 2 weeks Week 18 -22 DJP &A revises Initial Study and Prints Initial Study (1 week). 1 week Week 19 -23 Circulation of revised Initial Study /Draft Negative Declaration (30 days). [assuming fill of old road or a new outfall require 4 weeks Week 23 -27 Streambed Alteration Permit] 3 DJP &A assists with responses to continents for public hearing. l week Week 24 -28 Planning Commission Hearing TBD City Council Hearing TBD 'Technical studies will take approximately four (4) weeks to complete once all project -level information is available. If work is initiated in late November or December, additional time may be required due to holidays. 2If an EIR is prepared following completion of the Initial Study, the remainder of the schedule would change. Refer to Attachment E for additional cost and schedule for preparation o:'an EIR. ATTACHMENT B JA_ & ASSOCIATES. INC. CHARGE RATE SCHEDULE' SENIOR PRINCIPAL $ 250.00 PER HOUR PRINCIPAL PROJECT MANAGER $ 220.00 PER HOUR SENIOR ENVIRONMENTAL SPECIALIST $ 195.00 PER HOUR SENIOR PROJECT MANAGER $ 175.00 PER HOUR ENVIRONMENTAL SPECIALIST $ 160.00 PER HOUR PROJECT MANAGER $ 150.00 PER HOUR ASSOCIATE PROJECT MANAGER $ 135.00 PER HOUR ASSISTANT PROJECT MANAGER $ 110.00 PER HOUR RESEARCHER $ 95.00 PER HOUR DRAFTSPERSON /GRAPHIC ARTIST $ 85.00 PER HOUR DOCUMENT PROCESSOR/QUALITY CONTROL $ 85.00 PER HOUR ADMINISTRATIVE MANAGER $ 85.00 PER HOUR OFFICE SUPPORT $ 70.00 PER HOUR MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINISTRATION FEE. MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. SUBJECT TO REVISION JANUARY 2013 1 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 procedures, 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. ATTACHMENT C &� ASSOCIATES. INC. VW WJ 4 Information Required for Project -Level Review (Site Development Permit; 18 -lot Subdivision) The following information is needed to complete environmental review for a specific development on the site (e.g., 18 houses and specific location of new streets). Plans (in PDF) ❑ Site plan ❑ Grading and drainage plan; with conceptual BN[Ps and stormwater controls consistent with NPDES Municipal Permit requirements and fill slopes and retaining walls shown for roadway. ❑ Landscape plan (showing replacement tree plantings) Project Detail ❑ Project building heights (not to exceed) ❑ Minimum lot size(s) • Building setbacks • .Parking provided • Utility improvements /relocations ❑ Cut and fill amounts (including for old road repair) ❑ Any proposed street dedication or improvement • Construction equipment to be used, construction phasing, and hours of operation of equipment per day (for air toxics analysis); (Attachment D) • Completed pervious and impervious surfaces pre- and post - construction as outlined in the table provided below. • Storm water runoff volumes (10 -year and 100 -year events) from the site, as well as proposed post construction Best Management Practices (BMPs) and storm water treatment control measures (TCMs) proposed by the project engineer to meet NPDES C.3 requirements, including the Hydromodification Management Plan (HMP). PERVIOUS AND IMPERVIOUS SURFACES COMPARISON Existing Condition (sq ft) % Proposed Condition (sq ft) % Difference (sq ft) % Site (acres): Site (sq ft): Building Footprints Public Streets Driveways /Parking Sidewalks, Patios, Paths,etc. Previous Areas/Landscaping Total Impervious Surfaces Pervious Surfaces Total Other Project Information ❑ 100 -year Flood Elevation (if extends onto parcel), shown on grading and /or site plan. Technical Reports ❑ Tree Survey (Identifying trees to be removed, tree protection measures, and tree replacement) in conformance with City of Cupertino standards. ATTACHMENT D & ASSOCIATES. INC. 0 Information Needed Air Quality Analysis Below is an example of the spreadsheet to be filled out by the project applicant. An electronic copy of the Excel spreadsheet will be provided. The equipment list at the bottom of the spreadsheet is conservative and can be used in the absence of more specific equipment information. Start Year Demolition Excavator Rubber Tire Loader Mass Grading / Excavation Excavator Water Truck Rubber Tire Loader Trenching Tractor /Loader /Backhoe Build* n - Exterior Forklift Aerial Lift Start Date: Load Work Total Annual Construction Equipment List Aerial Lifts (60 hp) operating at a 0.46 load factor for 8 hours per day Air Compressors (106 hp) operating at a 0.48 load factor for 8 hours per day Bore /Drill Rigs (291 hp) operating at a 0.75 load factor for 8 hours per day Cement and Mortar Mixers (10 hp) operating at a 0.56 load factor for 8 hours per day Concrete /Industrial Saws (10 hp) operating at a 0.73 load factor for 8 hours per day Cranes (399 hp) operating at a 0.43 load factor for 6 hours per day Crawler Tractors (147 hp) operating at a 0.64 load factor for 8 hours per day Crushing /Processing Equip (142 hp) operating at a 0.78 load factor for 8 hours per day Dumpers/Tenders (16 hp) operating at a 0.38 load factor for 8 hours per day Excavators (168 hp) operating at a 0.57 load factor for 8 hours per day Forklifts (145 hp) operating at a 0.3 load factor for 6 hours per day Generator Sets (49 hp) operating at a 0.74 load factor for 8 hours per day Graders (174 hp) operating at a 0.61 load factor for 8 hours per day Off Highway Tractors (267 hp) operating at a 0.65 load factor for 8 hours per day Off Highway Trucks (479 hp) operating at a 0.57 load factor for 8 hours per day Other Equipment (190 hp) operating at a 0.62 load factor for 8 hours per day Other General Industrial Equipment (238 hp) operating at a 0.51 load factor for 8 hours Other Material Handling Equipment (191 hp) operating at a 0.59 load factor for 8 hours Pavers (100 hp) operating at a 0.62 load factor for 8 hours per day Paving Equipment (104 hp) operating at a 0.53 load factor for 8 hours per day Plate Compactors (8 hp) operating at a 0.43 load factor for 8 hours per day Pressure Washers (1 hp) operating at a 0.6 load factor for 8 hours per day Pumps (53 hp) operating at a 0.74 load factor for 8 hours per day Rollers (95 hp) operating at a 0.56 load factor for 8 hours per day Rough Terrain Forklifts (93 hp) operating at a 0.6 load factor for 8 hours per day Rubber Tired Dozers (357 hp) operating at a 0.59 load factor for 8 hours per day Rubber Tired Loaders (164 hp) operating at a 0.54 load factor for 8 hours per day Scrapers (313 hp) operating at a 0.72 load factor for 8 hours per day Signal Boards (15 hp) operating at a 0.78 load factor for 8 hours per day Skid Steer Loaders (44 hp) operating at a 0.55 load factor for 8 hours per day Surfacing Eqipment (362 hp) operating at a 0.45 load factor for 8 hours per day Sweepers /Scrubbers (91 hp) operating at a 0.68 load factor for 8 hours per day Tractors /Loaders /Backhoes (108 hp) operating at a 0.55 load factor for 8 hours per day Trenchers (63 hp) operating at a 0.75 load factor for 8 hours per day Welders (45 hp) operating at a 0.45 load factor for 8 hours per day Water Trucks (189 hp) operating at a 0.5 load factor for 8 hours per day Park-side Trails Residential Project EIR Scope of Work ATTACHMENT E & ASSOCIATES. INC, c: Preparation of an EIR David J. Powers & Associates, Inc. Page 16 The estimated cost and schedule for preparation of an Environmental Impact Report (EIR) after completion of the Initial Study is outlined below. These estimates assume: 1) no changes to the project design and 2) no additional technical reports, meetings or coordination would be required. Estimated Cost COST ESTIMATE Estimated DJP &A Costs to Prepare IS prior to circulation (Stages 1 &2) $88,256 DJP &A Costs to Prepare EIR (Stage 3 - Subsequent to Completion of an Initial Study) In -House Hours (50 hours Principal Project Manager, 260 hours Project $60,515 Manager, 20 Assistant Project Manager, 24 hours Graphic Artist) Expenses* Reproduction & Reimbursable Expenses $ 6,275 Total Estimated IS -EIR Budget $155,046 Notes: *Subconsultants and reimbursable expenses are cost plus 15 %. Parkside Trails Residential Project EIR Scope of Work Estimated Schedule David J. Powers & Associates, Inc. Page 17 Task/Product Stage g Completed End of Week Completion of Initial Study and City Review 2 14 -17 Receive written authorization to proceed after completion of Initial Study. 3 17 DJP &A prepares draft Notice of Preparation and provides to City 18 City reviews draft Notice of Preparation and coordinates with DJP &A to circulate and distribute. 30 days) 23 EIR Project description submitted to City for review and approval. 19 Administrative Draft EIR submitted to City 22 City reviews Administrative Draft EIR (3 weeks). 25 DJP &A revises EIR per City comments (2 weeks). 27 City reviews revised FIR (3 weeks). 30 DJP &A revises Draft EIR and Prints Draft EIR (2 weeks). 32 Circulation of Draft EIR (45 days). 38.5 DJP &A prepares Administrative Final EIR (3 -4 weeks). 43 City Review of Administrative Final EIR (3 weeks). 46 DJP &A revises AFEIR and submits "Screencheck" FEIR (1 week). 47 City Reviews "Screencheck" FEIR, DJP &A revises & ,3rints FEIR (1 week). 48 Final EIR Circulation Period (10 days). 50.5 Planning Commission Hearing TBD City Council Hearing TBD Notes: Assumes that no new technical analysis is required and only a minimal amount of substantive public comments are received. CUPERTINO April 23, 2013 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino.org David J. Powers & Associates, Inc. 1871 The Alameda, Suite 200 San Jose, CA 95126 Re: Parkside Trails Project A fully executed original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Planning Department at (408) 777 -3308. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosure cc: Planning ACORD TM CERTIFICATE OF LIABILITY INSURANCE Dat1/ 3 /201 /YR) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Heffernan Professional Practice Insurance Brokers License No. 0564249 CONTACT Sherry Young NAME: AlCONo,Ext : 714- 361 -7700 A/C FAX, No 714- 361 -7701 EMAIL SherryY @heffins.com ADDRESS: 6 Hutton Centre Drive, Suite 500 Santa Ana, CA 92707 GENERAL L LWBILITY X X INSURERS AFFORDING COVERAGE NAIC # INSURED INSURER A: Travelers Property Casualty Ins Co of Am 25674 David J. Powers and Associates Inc. INSURER B: Hanover American Insurance Co. 36064 1871 The Alameda, Suite 200 San Jose, CA 95126 INSURER C: Continental Casualty Co. 20443 INSURER D: CLAIMS -MADE E OCCUR INSURER E: INSURER F: MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF WDD POLICY EXP MI MDD LIMITS A GENERAL L LWBILITY X X 6806824L268TIL12 12/03/2012 12103 /2013 EACH OCCURRENCE $2,000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED PREMISES (Ea occurrence) $1,000,DOD CLAIMS -MADE E OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $2,000,000 GENERAL AGGREGATE $4,000,000 GEN'L. AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGG $4,000,000 $ POLICY X PROJECT LOC A AUTOMOBILE LIABILITY X X BA6820L15312GRP 12/03/2012 12103/2013 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ X ANY AUTO ALL OWNED AUTOS SCHEDULED AUTOS X HIRED AUTOS X NON -OWNED AUTOS BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ X UMBRELLA LIAR X OCCUR EACH OCCURRENCE $1,000,000 AGGREGATE $1,000,000 A EXCESS LIAB CLAIMS -MADE CUP2C5902111247 12/03/2012 12/03/2013 DED RETENTION $ $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y/N X WC STATU- OTH- TORY LIMITS ER E.L. EACH ACCIDENT $1,000,000 B ANY PROPRIETORiPARTNEREXECUTIVE/ OFFICERnNEMBEREXCLUDED? ❑ wn WZ3981630000 01/13/2013 01/13!2014 (Mandatory in N.H.) E.L. DISEASE - EA EMPLOYEE $1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $1,000,000 PROFESSIONAL LIABILITY C NIA EEH288347490 03/26/2012 03/26/2013 PER CLAIM AGGREGATE $1,000,000 $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS ! VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Projects as on file with the insured including but not limited to Job #12- 080/20840 McClellan Rd. City of Cupertino, its City Council, boards and commission, officers, employees and volunteers are named as additional insured and primary/ non contributory clause applies to the general and automobile Liability policies- see attached endorsement and a waiver of subrogation applies to the general & auto liability policies -see attached endorsements. CERTIFICATE HOLDER City of Cupertino Attn: Simon Vuong 10300 Torre Ave. Cupertino, CA 95014 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. (2010/05) Pl -8 -2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are re(listered marks of ACORD POLICY NO-: 6806824-L26,8TIL12 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, BLANKET ADDITIONAL INSURED (ARCHITECTS, ENGINEERS AND SURVEYORS) This endorsement modifies insurance provided under the foil aming: COMMERCIAL GENERAL LIABILITY COVERAGE PART A The following is added to WHO IS AN INSURED (Section II): Any person or organization that you agree in a 11 contract or agreement requiring insurance' to include as an additional insured on this Coverage Part, but only with respect to liability for -bodily injury', property damage" or personal injury- caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: a. In the performance of your ongoing operations-, b. In connection With premises owned by or rented to you-, or c. In connection with 'your work' and included within the "products-completed operations hazard". Such person or organization does not qualify as an additional insured for "bodily injury', "property damage' or 'personal injury" for which that person or organization has assumed liability in a contract or agreement. The insurance provided to such additional insured is limited as follows-. El e. f. This insurance does not apply on any basis to any person or organization for which coverage as an additional insured specifically is added by another endorsement to this Coverage Part. This insurance does not apply to the rendering of or failure to render any `professional services". The limits of insurance afforded to the additional insured shall be the limits which you agreed in that "contract or agreement requiring insurance- to provide for that additional insured, or the limits shown in the Declarations for this Coverage Part, whichever are less- This endorsement does not increase the limits of insurance stated in the LIMITS OF INSURANCE (Section 111) for this Coverage Part. 3. The following is added to Paragraph a. of 4. Other Insurance in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section IV): However, if you specifically agree in a 'contract or agreement requiring insurance' that the insurance provided to an additional insured under this Coverage Part must apply on a primary basis, or a primary and non- contributory basis, this insurance is primary to other insurance that is available to such additional insured which covers such additional insured as a named insured, and we will not share with the other insurance, provided that: (1) The "bodily injury' or "property damage' for which coverage is sought occurs-, and (2) The 'personal injury for which coverage is sought arises out of an offense committed-, after you have entered into that "contract or agreement requiring insurance. But this insurance still is excess over valid and collectible other insurance, whether primary, excess, contingent or on any other basis, that is available to the insured When the insured is an additional insured under any other insurance. The following is added to Paragraph S. Transfer Of Rights Of Recovery Against Others To Us in COMMERCIAL GENERAL LIABILITY CONDITIONS (Section M.- We waive any fights of recovery We may have against any person or organization because of payments we make for 'bodily injury`, "property damage" or "personal injury' arising out of 'your work' performed by you, or on your behalf, under a 'contract or agreement requiring insurance' with that person or organization- We waive these rights only where you have agreed to do so as part of the "contract or agreement requiring insurance" with such person or organization entered into by you before, and in effect vdien, the 'bodily CG D3 81 09 07 (D 2007 The Travelers (;vrnpanies, Inc. Pace 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. injury' or "property damage" occurs, or the °personal injury" offense is committed. D. The following definition is added to DEFINITIONS (Section V): "Contract or agreement requiring insurance" means that part of any contract or agreement under which you are required to include a person or organization as an additional insured on this Coverage Part, provided that the"bodity injury' and 'property damage" occurs, and the "personal injury" is caused by an offense committed: a. After you have entered into that contract or agreement-, b. While that part of the contract or agreement is in effect and c. Before the end of the policy period CG D3 01 09 07 Q 2007 The TraveWs Conipanies, Inc. Page 2 of 2 Includes copyrighted material of Insurance Serwit-ers Office, Inc., with its permission. Policy No. BA8820L15312GRP COMMERCIAL AUTO THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ [TCAREFULLY. ���� COVERAGE �U ��� ���K�o����U����� ,��,~°=~~°�,=^~��~, �=��,°�,~�,"��,",�~,~, This endorsement modifies insurance provided under the §oUovang: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the picivisions of the Coverage Form apply unless modi- fied by the endorsement- GENERAL DESCR/PT|ONOF COVERAGE — This nndorseniom| broadens coverage, However, coverage for any injury. damage or medical expenses described in any of the provisions of this endorsement may be excluded or limited hy another endorsement tv the Coverage Part, and these coverage broadening provisions dnnot apply to the extent that coverage is excluded or limited by such an endorsement. The following listing is a general cover- age uescnpuomunoy.mmmuuomuaodmxoomonxmuympply tmm+secoverages, Read all I'lo provisions o/this en- doroemem1and the rest of your policy carefully to determine ng!ils, duties, and what is and is not covered. A. BLANKET ADDITIONAL INSURED H. AUDIO, VISUAL AND DATA ELECTRONIC B. EMPLOYEE HIRED AUTO ��W�PK�NT — |NCREASEQL\KYT C. EMPLOYEES ASINSURED D. SUpPLEMENTARVPAYKDENTS — :NCREASEB LIMITS E. TRA|LERS — |NCREASEO LOAD CAPACITY F. HIRED AUTO PHYSICAL DAMAGE G. PHYSICAL DAMAGE — TRANSPORTATION EXpEmsEs — |mceEAseouxanr A- BLANKET ADDITIONAL INSURED The fo|mwingis added mParagraph A.1, Who |s An |nvvmu of SECTION //—LIABILITY COV- ERAGE: Any person or organization who is required under a written contract or agreement between you and |�:1 purcon or wrgon|zot|oo, that iu aign:d and executed by you before the ''buddy injury" or ~properly damage" occurs and that is In effect during the policy period, to be named as an addi- tional insured ,nan^|nvured^ for Liability Cov*,' m0o, but only for damages bo which this insurance applies and only io the extent that person oror- ganization qualifies as an "insured" under the Who |mAm Insured provision contained in Section U. B. EMPLOYEE HIRED AUTO 1. The b||mving is added to Paragraph A.1.. Who is An Insured. of SECTION U — LI- ABILITY COVERAGE� An "employee" of yours is an "insured' while operating a covered "auto" hired or rented under a contract or an,vnmont in that "ern pluyee's~ name, with your permission, while .. ""°""F-F%",u="" ."��=_�^�"" J. PERSONAL EFFECTS K. AIRBAGS L AUTO LOAN LEASE GAP M. BLANKET WAIVER OFSUBROGATION performing duties related to the conduct of your business, u. The following replaces Paragraph u'.n B.S.. Other Insurance. of SECTION |V — BUSr' NESS AUTO CONDITIONS: b. For H)red Auto Physical Damage Cover- �gu.th:fu|l:�|n&arodcamod tobo cov- ered '`aunos^yuuuwo: (1) Any covered 'auto" you |ease, h/re. rent orbnrrow-,and (%) Any covered ~amto^ hired o,rented by your 'employee" under contract in tnet individual "employee's" name. with your pennisnion, while perform- "q uvoua /wdvtlu m uu wux,uuGx wr your business. Howevor, any ^au4o^that is leased, nired, rented or borrowed with o driver is not o covered "auto". C. EMPLOYEES A3INSURED _heh,|lowimgim added 1m Paragraph A.1_ Who Im An Insured, of SECTION U— L|AB|UTYCOV' CA T4 20 07m 2010 n°e=14m ki--.rnnoy Canip=iy All �bI.1;=n-a'a Page 1mI /^atiries^opp¥ui?.o M^�erial of Insura"zosero°yoffico.m^=th rs pormias*^, COMMERCIAL AUTO Any "employee" of yours is an "insured" while us- ing a covered "auto" you don't own, hire or borrow in your business or your personal affairs. D. SUPPLEMENTARY PAYMENTS — INCREASED LIMITS 1. The following replaces Paragraph A.2.a.(2) of SECTION 11— LIABILITY COVERAGE: (2) Up to $3.000 for cost of bail bonds (in- cluding bonds for related traffic law viola- tions) required because of an "accident" we cover. We du rlut have to rurnish these bonds. 2. The following replaces Paragraph A.2.a.(4) of SECTION 11— LIABILITY COVERAGE: (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day be- cause of time off from work. E. TRAILERS — INCREASED LOAD CAPACITY The following replaces Paragraph C.1. of SEC- TION I — COVERED AUTOS., 1. "Trailers" with a load capacity of 3,000 pounds or less designed primarily for travel on public roads. F. HIRED AUTO PHYSICAL DAMAGE The following is added to Paragraph AA.. Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Hired Auto Physical Damage Coverage If hired "autos" are covered 'autos" for Liability Coverage but not covered "autos" for Physical Damage Coverage, and this policy also provides Physical Damage Coverage for an owned "auto', then the Physical Damage Coverage is extended to "autos "' that you hire, rent or borrow subject to the following: (1) ThA mn-.1 wA will pay for "Inc:, "" in any nnp "accident" to a hired. ranted or borrowed "auto" is the lesser of: (a) $50,000; (b) The actual cash value of the damaged or stolen property as of the time of the "loss": or (c) The cost of repairing or replacing the damaged or stolen property with other property of like kind and quality. (2) An adjustment for depreciation and physical condition will be made in determining actual cash value in the event of a total "loss ". (3) If a repair or replacement results in better than like kind or quality, we win not Pay for the amount of betterment. (4) A deductible equal to the highest Physical Damage deductible applicable to any owned covered 'auto". (5) This Coverage Extension does not apply to: (a) Any "auto" that is hired, rented or bor- rowed with a driver, or (b) Any "auto" that is hired, rented or bor- rowed from your "employee". G. PHYSICAL DAMAGE — TRANSPORTATION EXPENSES — INCREASED LIMIT The following replaces the first sentence in Para graph AA.a.. Transportation Expenses, of SECTION III — PHYSICAL DAMAGE COVER- AGE: We will pay up to $50 per day to a maximum of $1,500 for temporary transportation expense in- curred by you because of the total theft of a cov- ered "auto" of the private passenger type. H. AUDIO, VISUAL AND DATA ELECTRONIC EQUIPMENT — INCREASED LIMIT Paragraph C.2.. Limit Of Insurance, of SEC- TION III — PHYSICAL DAMAGE COVERAGE is deleted. I. WAIVER OF DEDUCTIBLE — GLASS The following is added to Paragraph D,, Deducti- ble, of SECTION III — PHYSICAL DAMAGE COVERAGE: No deductible for a covered "auto" will apply to glass damage if the glass is repaired rather than replaced. J. PERSONAL EFFECTS The following is added to Paragraph A.4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Personal Effects Coverage We will pay up to $400 for "loss" to wearing ap- parel and other personal effects which area (1) Owned by an "insured", and (2) In or on your covered "auto'. This coverage only applies in the event of a total theft of your covered "auto"- No deductibles apply to Personal Effects cover- age. Page 2 of 3 02010 Tho Travalart Indomriily Company All rights rosm"ad. CA T4 20 07 10 Includes copyrighted material of Insurance Smir?s off", Inc, with its Perm I ssion, K. AIRBAGS The following is added to Paragraph 8.3., Exclu- sions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Exclusion 3.a. does not apply to "loss" to one or more airbags in a covered "auto" you own that in- flate due to a cause other than a cause of "loss" set forth in Paragraphs A.I.b. and A.I.c., but only: a, If that "auto" is a covered "auto" far Compre- hensive Coverage under this pEA!r;y, b. The airbags are not covered under any war- ranty-, and c. The alrbaqs, were not intentionally inflated. We will pay up to a maximum of $1,000 for any one "loss'. L. AUTO LOAN LEASE GAP The following is added to Paragraph A,4., Cover- age Extensions, of SECTION III — PHYSICAL DAMAGE COVERAGE: Auto Loan Lease Gap Coverage for Private Passenger Type Vehicles In the event of a total 'loss" to a covered "auto" of the private passenger type shown in the Schedule or Declarations for which Physical Damage Cov- erage is provided, we will pay any unpaid amount due on the lease or loan for such covered "auto" less the following: (1) The amount paid under the Physical Damage Coverage Section of the policy for that "auto", and COMMERCIAL AUTO (2) Any: (a) Overdue lease or loan payments at the time of the'loss% (b) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (c) Security deposits not returned by the les- sor: (d) Costs for extended warranties, Credit Life Insurance, Health, Accident or Disability Insurance purchased with the loan or lease; and (e) Carry-over balances from previous loans or leases. M. BLANKET WAIVER OF SUBROGATION The following replaces Paragraph A.5., Transfer Of Rights Of Recovery Against Others To Us, of SECTION IV — BUSINESS AUTO CONDI- TIONS: 5. Transfer Of Rights Of Recovery Against Others To Us We waive any right or recovery we may have against any person or organization to the ex- tent required of you by a written contract exe- cuted prior to any "accident" or "loss*, pro- vided that the "accident` or -Ioss7arises out of the operations contemplated by such con- tract. The waiver applies only to the person or organization designated in such contract. CA T4 20 07 10 02010 Tho trawlers Irwornmily Company. All rights racarvad. page 3 of 3 Includes Copyrighled Material of Insurmic a Sery Ces Offir-10, Inc. with its parrinission.