14-045 David J. Powers & Associates, Consultant Services for Civic Center Master Plan & Parking Garage Conceptual Planning project OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3223•FAX: (408)777-3366
16 WEBSITE:www.cupertino.org
CUPERTINO
June 24, 2015
David J. Powers &Associates, Inc.
1871 The Alameda, Suite 200
San Jose, CA 95126
Re: Third Amendment to agreement for contract services.
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
P.O.00058387
THIRD AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND
DAVID J.POWERS &ASSOCIATES, INC. FOR ENVRIONMENTAL
CONSULTANT SERVICES FOR THE CIVIC CENTER MASTER PLAN&PARKING
GARAGE CONCEPTUAL PLANNING PROJECT
This Third Amendment to the Agreement between the City of Cupertino and David J.
Powers &Associates, Inc., for reference dated June 16, 2015, is by and between the CITY
OF CUPERTINO, a municipal corporation (hereinafter "CITY") and DAVID J. POWERS.
& ASSOICATES, INC., a California corporation whose address is 1871 The Alameda,
Suite 200, San Jose, CA 95126; phone no.: 408-248-3500, (hereinafter "CONSULTANT"),
and is made with reference to the following:
RECITALS:
A. On March 10, 2014, an agreement was entered into by and between CITY
and David J. Powers &Associates, Inc. .
B. On August 18, 2014 and on December 17, 2014, a first and then a second
amendment (respectively) to the agreement were entered into by and
between City and David J. Powers & Associates, Inc. (collectively, the
Agreement and the First and the Second Amendment are referred to as
the "Agreement").
C. City and David J. Powers & Associates, Inc. desire to modify the
Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties that the following paragraph is amended to read as follows:
1. TERM:
The term of this Agreement shall commence on March 10, 2014 and shall .
terminate on December 31, 2015,unless terminated earlier as set forth herein.
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 1 of 2
Third Amendment
Civic Center Master Plan&Parking Garage Conceptual Planning Project-Environmental Services
Consultant:David J.Powers
P.O.00058387
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
David J. Powers &Associates Inc. A Municipal Corporation
By By
Director of Public Works, Timm Borden
Date �� I
1871 The Alameda, Suite 200
San Jose, CA, 95126
Phone no. 408-248-3500
APPROVED AS TO FORM:
By
City Attorney, Carol Korade
ATTEST:
BYZ
City Clerk, Grace Schmidt
Account Nos.: 420-9144-9300-$ 10,500
And 420-9272-9300- $47,500
And 420-9274-9300-$27,000
Total Contract Amount: $85,000
(Amendment No.1 Amount: $47,500)
(Amendment No. 2 Amount: $27,000)
(Amendment No. 3 Amount: $ 0)
Page 2 of 2
Third Amendment
Civic Center Master Plan&Parking Garage Conceptual Planning Project-Environmental Services
Consultant:David J.Powers
CUPERTINO
February 6, 2015
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: Civic Center Master Plan & Parking Garage Conceptual Planning Project, Second
Amendment to Agreement
Enclosed is a fully executed second amendment to the agreement for consultant services for
the Civic Center Master Plan & Parking Garage Conceptual Planning Project with the City of
Cupertino. If you have any questions or need additional information, please contact the
Public Works Department at (408) 777-3354.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
Enclosure
cc Public Works
P.0.00058387
SECOND AMENDMENT AGR BETWEEN THE CITY OF CUPERTINO
AND DAVID J. POWERS & ASSOCIATES, INC. FOR ENVRIONMENTAL
CONSULTANT SERVICES FOR THE CIVIC CENTER MASTER PLAN & PARKING
GARAGE CONCEPTUAL PLANNING PROJECT
This Second Amendment to the Agreement between the City of Cupertino and David J.
Powers & Associates, Inc., for reference dated December 17, 2014, is by and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and DAVID J.
POWERS & ASSOICATES, INC., a California corporation whose address is 1871 The
Alameda, Suite 200, San Jose, CA 95126; phone no.: 408-248-3500, (hereinafter
"CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On March 10, 2014, an agreement was entered into by and between CITY
and David J. Powers & Associates, Inc..
B. On August 18, 2014, a first amendment to the agreement was entered into
by and between City and David J. Powers & Associates, Inc. (collectively,
the Agreement and the First Amendment are referred to as the
"Agreement").
C. City and David J. Powers & Associates, Inc. desire to modify the
Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties that the following paragraphs are amended to read as follows:
1. TERM:
The term of this Agreement shall commence on March 10, 2014 and shall
terminate on June 30, 2015, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" Revised.
titled "Scope of Services" which is attached hereto and incorporated herein by this
reference.
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule set out
in Exhibit B Revised, titled "Schedule of Performance ", which is attached hereto and
incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
Pagel of 3
Second Amendment
Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental Services
Consultant: David J. Powers
P.O. 00058387
The maximum compensation to be paid to Consultant under this agreement shall
not exceed EIGHTY FIVE THOUSAND DOLLARS ($ 85,000). The rate of payment is set
out in Exhibit C Revised, titled "Compensation', which is attached hereto and
incorporated herein.
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.
5. The following exhibits to the agreement are amended and replaced to read as
shown in the attachments to this amendment:
Exhibit A Revised - Scope of Services
Exhibit B Revised - Schedule of Performance
Exhibit C Revised— Compensation
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 2 of 3
Second Amendment
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
P.O. 00058387
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
David J. Powers & Associates Inc.
B
Title �Q'�e r
Date I l �' ILA
1871 The Alameda, Suite 200
San Jose, CA, 95126
Phone no. 408-248-3500
CITY OF CUPERTINO
A Municipal Corporation
By
Director of Public Works, Timm Borden
AP71�1
EDO FORM:
By
City Attorney, Carol Korade
ATTEST:
B
City Clerk, Grace Schmidt
Account Nos.: 420-9144-9300 - $10,500
And 420-9272-9300 - $47,500
And 420-9274-9300 - $27,000
Total Contract Amount: $ 85,000
(Amendment No.1 Amount: $ 47,500)
(Amendment No. 2 Amount: $27,000
Page 3 of 3
Second Amendment
Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental Services
Consultant: David J. Powers
EXHIBIT A REVISED
SCOPE OF SERVICES
CONSULTANT shall perform professional environmental services as detailed in the following
sections related to the Cupertino Civic Center Master Plan & Parking Garage Conceptual
Planning project.
SECTION 1. GENERAL
A. General PROJECT Description: David J. Powers & Associates, Inc. (DJP&A), provide
environmental services, for the Cupertino Civic Center Master Plan & Parking Garage
Conceptual Planning project. The City is moving forward with the Alternative 3: Civic
Life For the Civic Center Master Plan along with a conceptual plan for a parking garage.
David J. Powers and Associates (DJP&A) to: 1) provide an environmental existing
conditions opportunities and constraints analysis prior to the design phase (Phase 1); 2)
provide input during the development and refinement of the Master Plan alternative
and Parking Garage design (Phase 2); 3) prepare an Initial Study (IS) pursuant to the
requirements of the California Environmental Quality Act (CEQA) for a preferred
scenario chosen by the City Council.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of
the CITY, in accordance with the express terms hereof, including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. CONSULTANT shall receive final direction from the CITY's
Director of Public Works or his/her authorized designee (hereinafter collectively
"CITY") only. The CITY shall resolve any conflicting direction from other
groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5) working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
City of Cupertino
Exhibits A, B & C Revised
Page 1 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Jodi Starbird as CONSULTANT's Principal -in -
charge for the duration of the PROJECT. CONSULTANT shall not substitute any
team members without the prior approval of the CITY.
5. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B REVISED, may be adjusted
by mutual agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
7. CONSULTANT shall assist the CITY, as requested by the CITY, in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT.
SECTION 2. TASKS
PHASE 1 EXISTING CONDITIONS/ANALYSISMARLY CONCEPT
TASK 1A. SITE INVESTIGATION AND CONDITION ASSESSMENT
DJP&A will attend a kick-off meeting with the City staff and project team to develop an
understanding of the project and confirm the project approach. DJP&A will review relevant
background and technical information provided by the City and/or the project team. It is
anticipated that this will include review of draft plans and prior technical/environmental
reports. This scope of work also includes time for general coordination and correspondence
with the City staff and the project team throughout the Phase 1 process. Coordination will take
place in the form of phone calls, e-mail correspondence, and meetings, as necessary.
DJP&A will conduct a site visit to evaluate and document the existing project site conditions,
including a survey of the existing trees on-site. The data collected will be utilized to the extent
possible in the preparation of the CEQA documentation should the City elect to have DJP&A
complete the final CEQA documents.
TASK 1B ENVIRONMENTAL OPPORTUNITIES AND CONSTRAINTS ANALYSIS
DJP&A will prepare a brief memo report that describes the existing environmental
opportunities and constraints and issues associated with the Civic Center Master Plan
Alternative 3 and Parking Garage Conceptual Planning Project as currently envisioned. DJP&A
City of Cupertino Exhibits A, B & C Revised
Page 2 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
will summarize potential issues such as visual/aesthetics, cultural & biological resources, traffic
and parking, construction -related water and air quality and noise, geology & soils, hazards, etc.,
in the constraints analysis. The memo report will also include a comprehensive list of all
permits, regulatory and environmental approvals, and other agencies or utilities that will need
to be coordinated with as a result of the proposed Master Plan. DJP&A will provide the
constraints analysis to the City for review and consideration in selecting the preferred project
design. This scope of work includes time for DJP&A to respond to one round of comments
from the City and to revise the constraints analysis, as necessary.
PHASE 2 REFINEMENT SERVICES
TASK 2 MEETINGS/COORDINATION
As the project is developed and refined, DJP&A will attend up to two meetings/hearings with
the City staff and project team to provide input for selection of the preferred project design.
This scope of work also includes time for general coordination and correspondence with the
City staff and the project team throughout the Phase 2 process. Coordination will take place in
the form of phone calls, e-mail correspondence, and up to two (2) meetings, as necessary.
A -
PHASE 3 INITIAL STUDY PREPRATION
DJP&A proposes to prepare an Initial Study (IS) pursuant to the requirements of the California
Environmental Quality Act (CEQA) and the City of Cupertino's standards. The IS will include
a project description, a description of the existing environmental conditions, a discussion of
environmental impacts associated with the proposed project (based on CEQA thresholds of
significance and the CEQA Checklist), and identification of proposed and possible mitigation
measures. The IS can be used by the City to support a Mitigated Negative Declaration if the
project includes mitigation measures to reduce any significant impacts to a less than significant
level. In the event it is determined that the project would result in significant unavoidable
impacts, or does not propose necessary mitigation, the IS can be used as the basis for
preparation of an Environmental Impact Report (EIR). DJP&A could prepare an EIR under a
separate scope and cost. The specific tasks 3 proposed in this scope of work are described
below. This scope assumes that no work will occur below the top of the bank of the Regnart
Creek, adjacent to the project site.
TASK 3A REVIEW OF BACKGROUND INFORMATION AND PROJECT INITIATION
DJP&A will review the relevant background information based on the preferred scenario
chosen. DJP&A will also meet with City staff to develop an understanding of the preferred
scenario as well as to discuss the environmental constraints and potential impacts associated
with the project.
City of Cupertino
Exhibits A, B & C Revised
Page 3 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
TASK 3B PREPARATION OF ADMINISTRATIVE DRAFT INITIAL STUDY
Introduction
An introduction will provide background on the proposed project. The purpose and
requirements for an IS under CEQA will be discussed.
Project Description
The IS will describe the proposed project, including the physical characteristics (new buildings
design/size, parking allocation, site access, etc.). This section will also discuss whether or not
the proposed project is consistent with applicable land use controls, and will include a list of the
necessary discretionary actions for development of the project and decision-making agencies.'
Maps and graphics will be provided to illustrate the text.
Consistency with Plans and Policies
In relevant sections throughout the IS, discussions of the proposed project's consistency with
the City of Cupertino's General Plan, Santa Clara Valley Urban Runoff Pollution Prevention
Program, and other applicable plans and policies will be included. Particular attention will be
given to inconsistencies, if any are identified.
Environmental Setting, Checklists, Impacts and Mitigations
An overview of the environmental setting will be described. The IS will include a checklist
based on the form recommended by the State CEQA Guidelines. Each impact identified in the
checklist will be addressed, including a discussion of its significance as well as project -specific
mitigation measures to reduce impacts, if warranted. A description of the primary issues to bE
addressed is provided below.
Aesthetics
The IS will describe the existing visual character of the project area and will include
photographs to illustrate the text. The IS will also describe the aesthetic changes that will result
from implementation of -the proposed project. The IS will generally describe,the change in
views from scenic thoroughfares, impacts to scenic resources, and/or changes to scenic vistas
that may result from implementation of the proposed project.
City of Cupertino, Exhibits A, B & C Revised
Page 4 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
Air OualitX
The IS will describe the air quality within the City, based upon information prepared by
Illingwoith & Rodkin, as a subconsultant to DJP&A. This scope assumes that traffic data is
provided to DJP&A for use in the preparation of the IS air quality analysis. Primary air quality
issues associated with the project would be community risk impacts (Toxic Air Contaminants or
TACs) associated with project construction on existing nearby sensitive receptors, including
residences. The analysis will be used to describe any potential air quality impacts to future
uses, and any potential impacts from the construction of the project on nearby residents and
other sensitive uses. The risks associated with modeled construction period concentrations
would be computed following BAAQMD risk management policy guidance. The risks would be
compared against BAAQMD CEQA thresholds. Mitigation and avoidance measures will be
identified, as necessary, for significant impacts.
Land Use
The IS will describe the historic and current land uses on the site and in the project area, in
addition to the current General Plan and zoning designations of the site. The IS will identify
land use impacts and conflicts that could result to the project from nearby land uses, as well as
impacts upon nearby land uses resulting from the project. Mitigation and avoidance measures
will be identified, as necessary, for significant land use impacts.
Transportation and Traffic
The IS will describe the existing traffic and circulation conditions in the project area, based upon
a project -specific traffic analysis. The traffic analysis will identify the short-term traffic and
circulation impacts resulting from the proposed project. The IS will also address the parking
requirements associated with the proposed project. Mitigation measures will be identified to
reduce or avoid any significant traffic or circulation impacts resulting from the operation of the
proposed project, as appropriate.
The following tasks will be completed by Fehr & Peers as part of this task:
1. Trip generation estimates for the preferred alternative will be developed based on the
Institute of Transportation Engineer's (ITE) Trip Generation data, site-specific data
collected at the two Civic Center Driveways, and use -specific trip rates based on
anticipated programming elements. Trip distribution (directionality) and assignment
will be submitted to City staff for review and approval and included in the analysis.
City of Cupertino Exhibits A, B & C Revised
Page 5 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
2. Operations at the following four study intersections will be evaluated for the AM and
PM peak hours using TRAFFDC software:
• Torre Avenue/Pacifica Drive (unsignalized)
• Torre Avenue/Rodrigues Avenue (unsignalized)
• De Anza Boulevard/McClellan Road (signalized)
• De Anza Boulevard/Rodrigues Avenue (signalized)
Each intersection will be evaluated for existing, existing plus approved, but not yet built
projects (the background condition), and background plus project conditions using the
City's level of service impact criteria. Because the project is not anticipated to generate
more than 100 peak hour trips, a Congestion Management Program (CMP) analysis is
not required per VTA Guidelines.
3. The site plan will be reviewed to determine if site access and internal circulation within
the parking areas is adequate. Recommendations will be provided if there are areas
where vehicle, pedestrian, and bicycle improvements can be achieved. Potential'
conflicts between site users and vehicle driveways and the provision of adequate bicycle
parking will be described.
4. Parking demand projections will be refined per the preferred plan based on previously
developed parking rates from'parking surveys, the ITE,. and the City's parking
ordinance.
5. Fehr & Peers' have included up to eight hours for meetings, including a public hearing.
Additional hearing's can be attended upon written authorization.
Biological Resources
Currently, the project site contains landscaping, public buildings, and parking lots. Special
status plant and wildlife species are not expected to be present on the project site, although
nesting raptors could be present in the area. The IS will discuss impacts to City of Cupertino
ordinance size trees and other trees from construction of the project, based on the City of
Cupertino's tree ordinance. Mitigation and avoidance measures will be identified, as
appropriate, to reduce any biological resources impacts to a Jess than significant level.
City of Cupertino
Exhibits A, B & C Revised
Page 6 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
Greenhouse Gas Emissions
The greenhouse gas emissions section of the IS will discuss the potential for the project to
increase greenhouse gas emissions. Mitigation measures and best management practices will be
included to reduce greenhouse gas emissions, as feasible.
Noise
The IS will describe the existing noise sources and levels at the project site based upon a noise
analysis prepared by Illingworth & Rodkin, as a subconsultant to DJP&A. The analysis will be
used to describe any potential noise impacts to future users, and any potential noise and
vibration impacts from the construction of the project on nearby residents and other sensitive
uses Mitigation measures will be identified to reduce potentially significant noise impacts to
less than significant levels.
Other Sections
The IS will also address all other issues in the checklist, including agricultural resources,
cultural resources, geology and soils, hydrology and water quality, hazardous materials,
mineral resources, population and housing, public services, recreational facilities, and utilities
and service systems based upon existing available information.
Mitigated Negative Declaration
If all potential environmental impacts can be mitigated to a less than significant level, the
project will be eligible for a Mitigated Negative Declaration (MND) under CEQA. The MND
will be attached to the IS and will include a brief description of the project, including location,
project impacts, and mitigation measures included in the project to avoid any significant effects.
TASK 3C SUBMITTAL OF THE ADMINISTRATIVE DRAFT IS
DJP&A will prepare up to five (5) copies of the Administrative Draft IS. These copies will be
submitted to the City staff for review and comment. A pdf copy will also be provided.
TASK 3D PREPARATION OF PUBLIC REVIEW DRAFT INITIAL STUDY
Revisions will be made to the Administrative Draft IS, based on comments received from City
staff. This scope of work assumes that no additional technical analyses are required to respond
to City comments. After revision, a screen check version of the document will be sent to the
City in electronic format for final approval. Up to twenty (20) copies of the Draft IS will be
City of Cupertino Exhibits A, B & C Revised
Page 7 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
provided to the City for distribution to the public and appropriate agencies. The Draft IS will
also be provided in an electronic format for posting to the City's web site.
DJP&A will also provide guidance to the City regarding the necessary notification (i.e., Notice
of Intent to Adopt a Mitigated Negative Declaration) associated with distribution of the public
review Draft IS. DJP&A will provide drafts of the notices for use by the City. This scope
assumes that all the necessary notification posting associated with distribution of the public
review Draft IS will be completed by the City, including publication in a regional newspaper.
TASK 3E RESPONSE TO PUBLIC COMMENTS
DJP&A will assist the City in responding to substantive comments received on the Draft IS
during the public review period, and will make any necessary changes to the Draft IS based
upon the comments received. Once all the public comments are received, DJP&A will evaluate
and determine the level of effort required. The cost for this effort will be based on a negotiated
fee and an Additional Service Directive (ASD) issued by the City. The responses will be
provided to City staff in the form of a memorandum that can be attached to the Staff Report for
the project.
This scope of work does not include work related.to a protest of the Negative Declaration.
Because we cannot predict what issues might be raised in such a protest, we cannot budget the
time to respond. We can, however, provide assistance to the City staff in defending a Negative
Declaration if it is protested, and if requested to do so. The cost would be on a time and
materials basis or negotiated fee and an ASD or Amendment issued.
TASK 3F MITIGATION MONITORING, OR REPORTING PLAN
A Mitigation, Monitoring, or Reporting Plan (MIVIRP) will be prepared in conformance with the
CEQA Guidelines and City of Cupertino requirements. The MMRP will identify significant
adverse impacts, proposed mitigation, and the person or agency responsible for overseeing the
mitigation and the method for ensuring the mitigation is implemented. The MMRP will be
designed to fit into the City's existing entitlement and project review process. A draft MMRP
will be provided to the City prior to consideration of the project by the decision -makers. After
review and comment on the Draft MMRP, DJP&A will revise the NIMRP, according to the
comments provided, and will submit the Final NIN4RP to the City.
TASK 3G ATTEND HEARINGS/MEETINGS
This scope of work includes DJP&A attendance at up to five (5) meetings and/or public
hearings. If additional meetings are needed, they can be added upon City approval of
Additional Services Directive (ASD).
City of Cupertino Exhibits A, B & C Revised
Page 8 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
TASK 3H PREPARATION OF NOTICE OF DETERMINATION
DJP&A will prepare the Notice of Determination (NOD) for the CEQA process. DJP&A will
also file the NOD at the County Clerk's office within five working after the decision to approve
the project has been made. This scope includes DJP&A payment of County Clerk filing fees
($50) and the California Department of Fish and Wildlife filing fee (approximately $2,500) for
the IS/MND, if these fees vary, an ASD will be issued.
TAKS 3I PROJECT MANAGEMENT AND COORDINATION
DJP&A will oversee the management of the IS, including all subconsultants, document
production, QA/QC, and related activities. These activities include management of the project
scope, budget, and schedule for environmental compliance activities.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY in
advance. An Additional services amount of EIGHT THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($ 8,750.00) is made a part of this agreement. Additional services may be paid for as
a negotiated maximum not to exceed amount or by a time and materials cost accounting with a
maximum not to exceed.
City of Cupertino Exhibits A, B & C Revised
Page 9 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
EXHIBIT B REVISED
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by June 30, 2015
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task #1A:
Site Investigation and Condition Assessment
1 week
---
DJP&A receives plans and the traffic analysis
after. signing
Receive noise and air quality reports
Week 4
thea reement
Task#1B
Environmental Opportunities & Constraints Analysis
1 week
DJP&A revises IS/MND per comments received & prepares Screencheck
IS/MND*
Week 10
after signing
Week 11
DJP&A revises Screencheck IS/MND and print IS/MND for Circulation
thea reement
Task #2:
Meetings/coordination
1 week
Prepare draft Mitigation Monitoring and Reporting Program (MMRP)
after signing
City staff review of draft MMRP (one week)
Week 17
the agreement
Task #3
Initial Study Preparation
See Schedule
Prepare and File NOD
Within 5 days of
adoption of MND
Below
Task3 Initial Study Preparation Optimum IS/MND Schedule
Completed at End of
Week
Receive Authorization to Proceed
---
DJP&A receives plans and the traffic analysis
Week 1
Receive noise and air quality reports
Week 4
DJP&A completes and submits Administrative Draft IS/MND to City
Week 6
City staff review of Administrative Draft IS/MND (assumes 2 week review)
Week 8.
DJP&A revises IS/MND per comments received & prepares Screencheck
IS/MND*
Week 10
City reviews and approves Screencheck IS/MND
Week 11
DJP&A revises Screencheck IS/MND and print IS/MND for Circulation
Week 12
End of 20 -day public review period
Week 15
DJP&A assists City in preparation of Responses to Comment
Prepare draft Mitigation Monitoring and Reporting Program (MMRP)
Week 16
City staff review of draft MMRP (one week)
Week 17
Revise MMRP per comments received — prepare Final MMRP
Week 18
Attend Public Hearing - adoption of MND
March 3, 2015
Prepare and File NOD
Within 5 days of
adoption of MND
City of Cupertino
Exhibits A, B & C Revised
Page 10 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
EXHIBIT C REVISED
COMPENSATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and reimbursable expenses, shall not exceed
EIGHTY FIVE THOUSAND DOLLARS ($ 85,000). CONSULTANT agrees that it shall perform
all of the services set forth in Exhibit A REVISED of this AGREEMENT, except for additional
services required pursuant to Section 2, TASKS and inclusive of reimbursable expenses, for the
maximum not to exceed amount of SEVENTY SIX THOUSAND TWO HUNDRED FIFTY
DOLLARS ($ 76,250). The maximum amount of Additional Services are authorized under
Section G of this EXHIBIT C REVISED is EIGHT THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($ 8,750).
B. Method of Payment
For Task Nos.1 through 3 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter
"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
City of Cupertino Exhibits A, B & C Revised
Page 11 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows: .
Task
Task Description Compensation
Task #1A: Site Investigation and Condition Assessment $ 2,000
Task #1B: Environmental Opportunities & Constraints Analysis $ 5,000
Task #2: Meeting/Coordination $ 2,500
Task #3 Initial Study Preparation $66,750
Additional Services a$ 8,750
TOTAL $ 85,000 .
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written_ authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed EIGHTY FIVE THOUSAND DOLLARS ($ 85,000).
City of Cupertino Exhibits A, B & C Revised
Page 12 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE PERCENT OF TASK
COMPENSATION PAID
UPON COMPLETION OF
MILESTONE
Task #1A - Site Investigation and Condition Assessment
100%
Task #1B - Environmental Opportunities & Constraints Analysis 100%
Task #2 - Meeting/coordination
Task #3 - Initial Study Preparation
Additional Services
E. Subconsultant Services.
100%
100%
Paid Pursuant to Subsection G
below
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-3 of EXHIBIT A REVISED.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time
and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set
aside the sum of EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($ 8,750) for the
payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not
perform any Additional Services that result in charges in excess of the above amount.
City of Cupertino Exhibits A, B & C Revised
Page 13 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C REVISED. The rates shown in
the EXHIBIT C-1 REVISED sall stay in effect during the full term of the contract. The CITY shall
pay Additional Services Invoices as provided in this EXHIBIT C REVISED.
City of Cupertino Exhibits A, B & C Revised
Page 14 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
EXHIBIT C-1 REVISED
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
David J. Powers & Associates Rates: Hourly Rates
SENIOR PRINCIPAL
$ 255.00
PRINCIPAL PROJECT MANAGER
$ 225.00
SENIOR ENVIRONMENTAL SPECIALIST
$ 200.00
SENIOR PROJECT MANAGER
$180.00
ENVIRONMENTAL SPECIALIST
$165.00
PROJECT MANAGER
$155.00
ASSOCIATE PROJECT MANAGER
$140.00
ASSISTANT PROJECT MANAGER
$115.00
RESEARCHER
$100.00
DRAFTSPERSON/GRAPHIC ARTIST
$ 90.00
DOCUMENT PROCESSOR/QUALITY CONTROL
$ 90.00
ADMINISTRATIVE MANAGER
$ 90.00
OFFICE SUPPORT $ 75.00
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.
City of Cupertino Exhibits A, B & C Revised
Page 15 of 15
Amendment No. 2: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
August 28, 2014
OFFICE OF THE CITY CLERIC
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
TELEPHONE: (408:) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cul)ertino.org
David J. Powers & Associates, Inc
1871 The Alameda Suite 200
San Jose, CA 95126
Re: Agreement for contract services.
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
candidate
FIRS `�ENDT AGREEMENT BE'.CWEEN THE CITY OF CU-PERTINO AND
�--WERS & ASSOCIA'T'ES, INC. FOR ENVRIONMENTAL
CONSULTANT SERVICES FOR THE CIVIC CENTER MASTER PLAN & PARKING
GARAGE CONCEPTUAL PLANNING PROJECT,('e7- 7//'
This First Amendment to the Agreement between the City of Cupertino and David J.
Powers & Associates, Inc., for reference dated August 18, 2014, is by and between the
CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and DAVID J.
POWERS & ASSOICATES, INC., a Califoi nia corporation whose address is 1871 The
Alameda, Suite 200, San Jose, CA 95126; phone no.: 408-248-3500, (hereinafter
"CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On March 10, 2014, an agreement was entered into by and between City
and Harris & Associates (hereinafter "Agreement").
B. City and David J. Powers & Associates, Inc. desire to modify the
Agreement on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on March 10, 2014 and shall
terminate on May 31, 2015, unless terminated earlier as set forth h ein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A" Revised.
titled "Scope of Services" which is attached hereto and incorporated herein by this
reference.
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule set out
in Exhibit B Revised, titled "Schedule of Performance ", which is attached hereto and
incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall
not exceed Fifty Eight Thousand Dollars ($ 58,000). The rate of payment is set out in
Exhibit C Revised, titled "Compensation", which is attached hereto and incorporated
herein.
Page 1 of 3
First Amendment
Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental Services
Consultant: David J. Powers
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 dur:ulg the course of each phase, clearly stating
as a minimum the total Contract amount, amount paid to date, percent complete and
amount due.
Except as expressly modified herein, all other terms and covenants set forth in
the Agreement shall remain the same and shall be in full force and effect.
Page 2 of 3
First Amendment
Civic Center Master Plan & Parking Garage Conceptual Flarming'Project - Environmental Services
Consultant: David J. Powers
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
David J. Powers & Associates Inc. A Municipal Corporation
L.
By By
Director of Public Works, Timm Borden
Title IQL (j . L_.
Date q;' I ) 4. I IT
1871 The Alameda, Suite 200
San. Jose, CA, 95126
Phone, no. 408-248-3500
APP VED AS TO FORM:
By ( M
JCity Attorney, Carol Korade
ATTEST:
ByBy
City Clerk, Grace Schmidt
Account Nos.: 420-9144-9300 - $ 10,500
And 420-9272-9300 - $47,500
Total Contract Amount: $ 58,000
(Amendment No.1 Amount: $ 47,500)
Page 3 of 3
First Amendment
Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental Services
Consultant: David J. Powers
EXHIBIT A REVISED
SCOPE OF SERVICES
CONSULTANT shall perform professional environmental services as detailed in the following
sections related to the Cupertino Civic Center Master Plan & Parking Garage Conceptual.
Planning project.
SECTION 1. GENERAL
A. General PROJECT Description: David J. Powers & Associates, Inc. (DJP&A), provide
environmental services, for the Cupertino Civic Center Master. Plan & Parking Garage
Conceptual Planning project. The City is moving forward with the Alternative 3: Civic
Life For the Civic Center Master Plan along with a conceptual plan for a parking garage.
David J. Powers and Associates (DJP&A) to: 1) provide an environmental existing
conditions opportunities and constraints analysis prior to the design phase (Phase 1); 2)
provide input during the development and refinement of the Master Plan alternative
and Parking Garage design (Phase 2); 3) prepare an Initial Study (IS) pursuant to the
requirements of the California Environmental Quality Act (CEQA) for a preferred
scenario chosen by the City Council.
B. General Performance Requirements:
1. The performance of all services by CONSULTANT shall be to the satisfaction of.
the CITY, in accordance with the express terms hereof, including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public: Works shall manage the PROJECT and this
AGREEMENT. CONSULTANT shall receive final direction from the CITY's
Director of. Public Works or his/her authorized designee (hereinafter collectively
"CITY") only. The CITY shall resolve any conflicting direction from other
groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five (5) working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
City of Cupertino Exhibits A, B & C Revised
Page 1 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include Jodi Starbird as CONSULTANT's Principal -in -
charge for the duration of the PROJECT. CONSULTANT shall not substitute any
team members without the prior approval of. the CITY.
5. CONSULTANT"s services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B REVISED, may be adjusted
by mutual agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and conu-nunicate' with members of the PROJECT team.
7. CONSULTANT shall assist the CITY, as requested by the CITY, in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over. the PROJECT.
SECTION 2. TASKS
PHASE 1 EXISTING CONDITIONS/ANALYSIS/EARLY CONCEPT
TASK 1A. SITE INVESTIGATION AND CONDITION ASSESSMENT
DJP&A will attend a kick-off meeting with the City staff and project team to develop an
understanding of the project and confirm the project approach. DJP&A will review relevant
background and technical information provided. by the City and/or the project team. It is
anticipated that this will include review of draft plans and prior technical/environmental
reports. This scope of work also includes time for general coordination and correspondence
with the City staff and the project team throughout the Phase 1 process. Coordination will take
place in the form of phone calls, e-mail correspondence, and meetings, as necessary.
DJP&A will conduct a site visit to evaluate and document the existing project site conditions,
including a survey of the existing trees on-site. The data collected will be utilized to the extent
possible in the preparation of the CEQA documentation should the City elect to have DJP&A
complete the final CEQA documents.
TASK 1B ENVIRONMENTAL OPPORTUNITIES AND CONSTRAINTS ANALYSIS
DJP&A will prepare a brief memo report that describes the existing environmental
opportunities and constraints and issues associated with the Civic Center Master Plan
Alternative 3 and Parking Garage Conceptual Planning Project as currently envisioned. DJP&A
City of Cupertino Exhibits A, B & C Revised
Page 2of14
Amendment No. l: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
will summarize potential issues such as visual/aiesthetics, cultural & biological resources, traffic
and parking, construction -related water and air quality and noise, geology & soils, hazards, etc.,
in the constraints analysis. The memo report will also include a comprehensive list of all
permits, regulatory and environmental approvals, and other agencies or utilities that will need
to be coordinated with as a result of the proposed Master Plan. DJP&A will provide the
constraints analysis to the City for review and consideration in selecting the preferred project
design. This scope of work includes time for DJP&A to respond to one round of comments
from the City and to revise the constraints analysis, as necessary.
PHASE 2 REFINEMENT SERVICF,S
TASK 2 MEETINGS/COORDINATION
As the project is developed and refined, DJP&A will attend up to two meetings/hearings with
the City staff and project team to provide input for selection of the preferred project design..
This scope of work also includes time for general coordination and correspondence with the
City staff and the project team throughout the Phase 2 process. Coordination will take place in
the form of phone calls, e-mail correspondence, and up to two (2) meetings, as necessary.
PHASE 3 INITIAL STUDY PREPRATION
DJP&A proposes to prepare an Initial Study (IS) pursuant to the requirements of. the California
Environmental Quality Act (CEQA) and the City of Cupertino's standards. The IS will include
a project description, a description of the existing environmental conditions, a discussion of
environmental impacts associated with the proposed project (based on CEQA thresholds of
significance and the CEQA Checklist), and identification of proposed and possible mitigation
measures. The IS can be used by the City to support a Mitigated Negative Declaration if the
project includes mitigation pleasures to reduce any significant impacts to a less than significant
level. In the event it is determined that the project would result in significant unavoidable
impacts, or does not propose necessary mitigation, the IS can be used as the basis for
preparation of an Environmental Impact Report (EIR). DJP&A could prepare an EIR under a
separate scope and cost. The specific tasks 3 proposed in this scope of work are described
below. This scope assumes that no work will occur below the top of the bank of. the Regnart
Creek, adjacent to the project site.
TASK 3A REVIEW OF BACKGROUND INFORMATION AND PROJECT INITIATION
DJP&A will review the relevant background information based on the preferred scenario
chosen. DJP&A will also meet with City staff to develop an understanding of the preferred
scenario as well as to discuss the environmental constraints and potential impacts associated
with the project.
City of Cupertino
Exhibits A, B & C Revised
Page 3 of 14
Amendment No. 1: Civic Center Master Plait & Parking Garage Conceptual Plarming Project - Environmental
Services
Consultant: David J. Powers
TASK 3B PREPARATION OF ADMINISTRATIVE DRAFT INITIAL STUDY
Introduction
An introduction will provide background on the proposed project. The purpose and
requirements for an IS under CEQA will be discussed.
Project Description
The IS will describe the proposed project, including the physical characteristics (new buildings
design/size, parking allocation, site access, etc.). This section will also discuss whether or not
the proposed project is consistent with applicable land use controls, and will include a list of the
necessary discretionary actions for development of the project and decision-making agencies.
Maps and graphics will be provided to illustrate the text.
Consistency with Plans and Policies
In relevant sections throughout the IS, discussions of the proposed project's consistency with
the City of Cupertino's General Plan, Santa Clara Valley Urban Runoff Pollution Prevention
Program, and other applicable plans and policies will be included. Particular attention will be
given to inconsistencies, if any are identified.
Environmental Setting, Checklists, Impacts and' Mitigations
An overview of the environmental setting will be described. The IS will include a checklist
based on the form recommended by the State C]EQA Guidelines. Each impact identified in the
checklist will be addressed, including a discussion of its significance as well as project -specific
mitigation measures to reduce impacts, if warranted. A description of the primary issues to be
addressed is provided below.
A PSth Pti c,,
The IS will describe the existing visual character of the project area and will include
photographs to illustrate the text. The IS will also describe the aesthetic changes that will result
from implementation of the proposed project. The IS will generally describe the change in
views from scenic thoroughfares, impacts to scenic resources, and/or changes to scenic vistas
that may result from implementation of the proposed project.
City of Cupertino
Exhibits A, B & C Revised
Page 4 of 14
Amendment No. 1: Civic Center Master Plan & Parking Gairage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
Air. Qualitti
The IS will describe the air quality within the Ciity, based upon information prepared by
IUingwoith & Rodkin, as a subconsultant to DJP&:A. Th.is scope assumes that traffic data is
provided to DJP&A for use in the preparation of the IS air quality analysis. Primary air quality
issues associated with the project would be community risk impacts (Toxic Air Contaminants or
TACs) associated with project construction on existing nearby sensitive receptors, including
residences. The analysis will be used to describe any potential air quality impacts to future
uses, and any potential impacts from the construction of the project on nearby residents and
other sensitive uses. The risks associated with modeled construction period concentrations
would be computed following BAAQMD risk management policy guidance. The risks would be
compared against BAAQMD CEQA thresholds. Mitigation and avoidance measures will be
identified, as necessary, for significant impacts.
Land Use
The IS will describe the historic and current lana uses on the site and in the project area, in
addition to the current General Plan and zoning designations of the site. The IS will identify
land use impacts and conflicts that could result to the project from nearby land uses, as well as
impacts upon nearby land uses resulting from the project. Mitigation and avoidance measures
will be identified, as necessary, for significant land use impacts.
Transportation and Traffic
The IS will describe the existing traffic and circulation conditions in the project area, based upon
a project -specific traffic analysis prepared under separate contract and provided to DJP&A by
the City. The traffic analysis will identify the short-term traffic and circulation impacts
resulting from the proposed project. The IS will also address the parking requirements
associated with the proposed project. Mitigation measures will be identified to reduce or avoid
any significant traffic or circulation impacts resulting from the operation of the proposed
project, as appropriate.
Biological Resources
Currently, the project site contains landscaping, public buildings, and parking lots. Special
status plant and wildlife species are not expected to be present on the project site, although
nesting raptors could be present in the area. The IS will discuss impacts to City of Cupertino
ordinance size trees and other trees from construction of the project, based on the City of
City of Cupertino Exhibits A, B & C Revised
Page 5 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Po-vvers
Cupertino's tree ordinance. Mitigation and avoidance measures will be identified, as
appropriate, to reduce any biological resources :impacts to a less than significant level.
Greenhouse Gas Emissions
The greenhouse gas emissions section of the IS will discuss the potential for the project to
increase greenhouse gas emissions. Mitigation measures and best management practices will be
included to reduce greenhouse gas emissions, as feasible.
Noise
The IS will describe the existing noise sources and levels at the project site based upon a noise
analysis prepared by lllingworth & Rodkin, as a subconsultant to DJP&A. The analysis will be
used to describe any potential noise impacts to future users, and any potential noise and
vibration impacts from the construction of the project on nearby residents and other sensitive
uses Mitigation measures will be identified to reduce potentially significant noise impacts to
less than significant levels.
Other Sections
The IS will also address all other issues in the checklist, including agricultural resources,
cultural resources, geology and soils, hydrology and water duality, hazardous materials,
mineral resources, population and housing, public services, recreational facilities, and utilities
and service systems based upon existing available information.
Mitigated Negative Declaration
If all potential environmental impacts can be mitigated to a less than significant level, the
project will be eligible for a Mitigated Negative Declaration (MND) under. CEQA. The MND
will be attached to the IS and will include a brief description of the project; including location,
project impacts, and mitigation measures included in the project to avoid any significant effects.
City of Cupertino
Exhibits A, B & C Revised
Page 6 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Plarming Project — Environmental
Services
Consultant: David J. Powers
TASK 3C SUBMITTAL OF THE ADMINISTRATIVE DRAFT IS
DJP&A will prepare up to five (5) copies of. the Administrative Draft IS. These copies will be
submitted to the City staff for review and comrrient. A pdf copy will also be provided.
TASK 3D PREPARATION OF PUBLIC .R.EVIEw DRAFT INITIAL STUDY
Revisions will be made to th.e Administrative Draft IS, based on comments received from City
staff. This scope of work assumes that no additional technical analyses are required to respond
to City comments. After revision, a screen check version of the document will be sent to the
City in electronic format for final approval. Up to twenty (20) copies of the Draft IS will be
provided to the City for distribution to the public and appropriate agencies. The Draft IS will
also be provided in an electronic format for posting to the City's web site.
DJP&A will also provide guidance to the City regarding the necessary notification (i.e., Notice
of Intent to Adopt a Mitigated Negative Declaration) associated with distribution of the public
review Draft IS. DJP&A will provide drafts of the notices for use by the City. This scope
assumes that all the necessary notification posting associated with distribution of the public
review Draft IS will be completed by the City, including publication in a regional newspaper..
TASK 3E RESPONSE TO PUBLIC COMMENTS
DJP&A will assist the City in. responding to substantive comments received on the Draft IS
during the public review period, and will make any necessary changes to the Draft IS based
upon the comments received. Once all the public comments are received, DJP&A will evaluate
and determine the level of effort required. The cost for this effort will be based on a negotiated
fee and an Additional Service Directive (ASD) issued by the City. The responses will be
provided to City staff in the form of a memorandum that can be attached to the Staff Report for
the project.
This scope of work does not include work related to a protest of the Negative Declaration.
Because we cannot predict what issues might be raised in such a protest, we cannot budget the
time to respond. We can, however, provide assistance to the City staff in defending a Negative
Declaration if it is protested, and if requested to do so. The cost would be on a -time and
materials basis or negotiated fee and an ASD or Amendment issued.
City of Cupertino Exhibits A, B & C Revised
Page 7 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
TASK 3F MITIGATION MONITORING, OR REPORTING PLAN
A Mitigation, Monitoring, or Reporting Plan (MMRP) will be prepared in conformance with the
CEQA Guidelines and City of Cupertino requirements. The MMRP will identify significant
adverse impacts, proposed mitigation, and the person or agency responsible for overseeing the
mitigation and the method for ensuring the mitigation is implemented. The MMRP will be
designed to fit into the City's existing entitlement: and project review process. A draft MMRP
will be provided to the City prior to consideration of the project by.the decision -makers. After
review and comment on the Draft MMRP, DJP&:A will revise the MMRP, according to the
comments provided, and will submit the Final MMRP to the City.
TASK 3G ATTEND HEARINGS/MEETINGS
This scope of work includes DJP&A attendance at up to five (5) meetings and/or public
hearings. If. additional meetings are needed, they can be added upon City approval of
Additional Services Directive (ASD).
TASK 3H PREPARATION OF NOTICE OF DETERMINATION
DJP&A will prepare the Notice of Determination (NOD) for the CEQA process. DJP&A will
also file the NOD at the County Clerk's office within five working after the decision to approve
the project has been made. This scope includes DJP&A payment of. County Clerk filing fees
($50) and the California Department of. Fish and. Wildlife filing fee (approximately $2,500) for.
the IS/MND, if these fees vary, an ASD will be issued.
TAKS 3I PROJECT MANAGEMENT AND COORDINATION
DJP&A will oversee the management of the IS, including all subconsultants, document
production, QA/QC, and related activities. These activities include management of the project
scope, budget, and schedule for environmental compliance activities.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if. such Additional Services are authorized in writing by the CITY in
advance. An Additional services amount of EIGHT THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($ 8,750.00) is made a part of this agreement. Additional services may be paid for as
a negotiated maximum not to exceed amount or by a time and materials cost accounting with a
maximum not to exceed.
Cite of Cupertino
Exhibits A, B & C Revised
Page 8 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
EXHIBIT C' REVISED
COMPEI`ISATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of. this AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and reimbursable expenses, shall not exceed FIFTY
EIGHT THOUSAND DOLLARS ($ 58,000). COI',TSULTANT agrees that it shall perform all of
the services set forth in Exhibit A REVISED of this AGREEMENT, except for additional services
required pursuant to Section 2, TASKS and inclusive of reimbursable expenses, for the
maximum not to exceed amount of. FOURTY NINE THOUSAND TWO HUNDRED FIFTY
DOLLARS ($ 49,250). The maximum amount of Additional Services are authorized under
Section G of this EXHIBIT C REVISED is EIGHT THOUSAND SEVEN HUNDRED FIFTY
DOLLARS ($ 8,750).
B. Method of Payment
For Task Nos. 1 through 3 CONSULTANT shall,, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter.
"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of. the Invoice.
The Invoice shall be based on the percentage of :milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall list work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
City of Cupertino
Exhibits A, B & C Revised
Page 10 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
EXHIBIT B REVISED
SCHEDULE OF PERFORMANCE
CONSULTANT shall complete all work by May 31, 201.5
The following sets forth the distribution of CONSULTANT's Schedule of. Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task #1A:
Site Investigation and Condition Assessment
1 week
---
DJP&A receives plans and the traffic analysis
after signing
Receive noise and air quality reports
Week 4
theagreement
Task#1.13
Environmental Opportunities & Constraints Analysis
1 week
DJP&A revises IS/MND per comments received &: prepares Screencheck
I S/MND *
Week 10
after signing
Week 11
DJP&A revises Screencheck IS/MND and print IS/MND for Circulation
theagreement
Task #2:
_
Meetings/coordination
1 week
Prepare draft Mitigation Monitoring and Reporting;_ Program (MMRP)
after signing
City staff review of draft MMRP (one week)
Week 17
theagreement
Task #3
_
Initial Study Preparation
See Schedule
Prepare and File NOD
Within 5 days of
adoption of MND
Below
Task3 Initial Study Preparation Optimum IS/MND Schedule
Completed at End ofWeek
Receive Authorization to Proceed
---
DJP&A receives plans and the traffic analysis
Week 1
Receive noise and air quality reports
Week 4
DJP&A completes and submits Administrative Draft IS/MND to City
Week 6
City staff review of Administrative Draft IS/MND (assumes 2 week review)
Week 8
DJP&A revises IS/MND per comments received &: prepares Screencheck
I S/MND *
Week 10
City reviews and approves Screencheck IS/MND
Week 11
DJP&A revises Screencheck IS/MND and print IS/MND for Circulation
Week 12
End of 20 -day public review period
Week 15
DJP&A assists City in preparation of Responses to Comment
Prepare draft Mitigation Monitoring and Reporting;_ Program (MMRP)
Week 16
City staff review of draft MMRP (one week)
Week 17
Revise MMRP per comments received — prepare Final MMRP
Week 18
Attend Public Hearing - adoption of MND
March 3, 2015
Prepare and File NOD
Within 5 days of
adoption of MND
City of Cupertino
Exhibits A, B & C Revised
Page 9 of 14
Amendment No. 1: Civic Center Master Plan & Parki.ng Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task #1.A: Site Investigation and Condition Assessment $ 2,000
Task #113: Environmental Opportunities & Constraints Analysis $ 5,000
Task #2: Meeting/Coordination $ 2,500
Task #3 Initial Study Preparation $39,750
Additional Services $ 8,750
TOTAL $ 58,000
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed FIFYTY EIGHT THOUSAND DOLL,4RS ($ 58,000).
City of Cupertino Exhibits A, B & C Revised
Page 11 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project - Environmental
Services
Consultant: David J. Powers
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE
Task #1.A - Site Investigation and Condition Assessment
Task #113 — Environmental Opportunities & Constraints Analysis
Task #2 — Meeting/coordination
Task #3 — Initial Study Preparation
Additional Services
PERCENT OF TASK
COMPENSATION PAID
UPON COMPLETION OF
MILESTONE
100%
100%
100%
100%
Paid Pursuant to Subsection G
below
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of. the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation, including,
but not limited to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting; and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-3 of. EXHIBIT A REVISED.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time
and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set
aside the sum of EIGHT THOUSAND SEVEN HUNDRED FIFTY DOLLARS ($ 8,750) for the
payment of Additional Services. The CITY shall not authorize and CONSULTANT shall not
perform any Additional Services that result in charges in excess of the above amount.
City of Cupertino Exhibits A, B & C Revised
Page 12 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during; the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
CONSULTANT hourly rate schedule attached to this EXHIBIT C REVISED. The rates shown in
the EXHIBIT C-1. REVISED sail stay in effect during the full term of the contract. The CITY shall
pay Additional Services Invoices as provided in this EXHIBIT C REVISED.
City of Cupertino Exhibits A, B & C Revised
Page 13 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental
Services
Consultant: David J. Powers
EXHIBIT C•1 REVISED
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
David J. Powers & Associates Rates: Hourly Rates
SENIOR PRINCIPAL
$ 255.00
PRINCIPAL PROJECT MANAGER
$ 225.00
SENIOR ENVIRONMENTAL SPECIALIST
$ 200.00
SENIOR PROJECT MANAGER
$ 180.00
ENVIRONMENTAL SPECIALIST
$ 1.65.00
PROJECT MANAGER
$ 155.00
ASSOCIATE PROJECT MANAGER
$ 140.00
ASSISTANT PROJECT MANAGER
$ 1.15.00
RESEARCHER
$ 100.00
DRAFTSPERSON/GRAPHIC ARTIST
$ 90.00
DOCUMENT PROCESSOR/QUALITY CONTROL
$ 90.00
ADMINISTRATIVE MANAGER
$ 90.00
OFFICE SUPPORT
$ 75.00
MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A
15% ADMINISTRATION FEE.
MILEAGE WILL BE CHARGED PER THE CUF:RENT IRS STANDARD MILEAGE RATE
AT THE TIME COSTS OCCUR.
City of Cupertino Exhibits A, B & C Revised
Page 14 of 14
Amendment No. 1: Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environ -mental
Services
Consultant: David J. Powers
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
CUPERTINO
March 26, 2014
David J. Powers & Associates, Inc.
1871 The Alameda, Suite 200
San Jose, CA 95126
Re: Agreement for consultant services
Enclosed for your records is a fully executed original copy of the agreement with the City
of Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID J.
POWERS &ASSOCIATES, INC. FOR ENVRIONMENTAL CONSULTANT
SERVICES FOR THE CIVIC CENTER MASTER PLAN & PARKING
GARAGE CONCEPTUAL PLANNING PROJECT
p0 �-�J-P9J
THIS AGREEMENT, for reference dated March 10, 2014, is by and
between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to
as "City"), and DAVID J. POWERS & ASSOICATES, INC., a California
corporation whose address is 1871 The Alameda, Suite 200, San Jose, Ca 95126;
phone no.: 408-248-35.00 (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 Muunicipal 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
environmental consultant services for the Civic Center Master Plan & Parking
Garage Conceptual Plarming Project 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 March 10, 2014 and shall
terminate on June 30, 2014, unless terminated earlier as set forth herein.
Cite of Cupertino
A(Ireement
Page 1 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project— Environmental Services
Consultant: David J. Powers
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A".
titled "Scope of Services" which is attached hereto and incorporated herein by
this reference.
3. SCHEDULE OF PERFOMRANCI,:
The Services of Consultant are to be completed according to the schedule
set out in Exhibit B, titled "Schedule of Performance ", which is attached hereto
and incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed Ten Thousand Five Hundred Dollars ($ 10,500). The
rate of payment is set out in Exhibit C, titled "Compensation", which is attached
hereto and incorporated herein.
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.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6. 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.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between therm 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
Cit} of Cupertino
Agreement
Page 2 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
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.
8. IMMIGRATION REFORM AND CONTROL ACT (IBCA):
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.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimiriation 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.
10. PROTECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes Linder this Agreement. Katy Jensen, is hereby designated as the
Director of Public Works' designee and Project Manager, and shall supervise the
progress and execution of this Agreement.
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 Manager
for any reason, the Consultant Project Manager designee shall be subject to the
prior written acceptance and approval of the City Project Manager. The
City of Cupertino
Agreement
Page 3 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental services
Consultant: Daviel J. Powers
designated Consultant Project Manager shall be Jodi Starbird, Principal Project
Manger.
HOLD HARMLESS:
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 the City and its officers, officials, agents, employees
and volLurteers 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 comisel 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
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.
City of Cupertino
Agreement
Page 4 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project- Environmental Services
Consultant: David J. Powers
11. 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 12A, 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." Itis 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 accep able 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:
City of Cupertino
(1) Workers' Compenszttion:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following
minnimuln limits:
Bodily Injury: $500,000
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: $100,000 each occurrence
Agreement
Page 5 of 13
Civic Center Master Plan 8 Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liabili itty:
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 which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss Linder 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 connputed 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 Linder 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.
City of Cupertino
Agreement
Page 6 of 13
Civic Center Master Plan & Parking Garage Conceptcral Planning Project — Environmental Services
CollSUltant: David J. Powers
12. 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 snake certain governmental decisions or serve in a staff
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
13. 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 Colder 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.
14. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in 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.
Cit} of Cupertino Agreement
Page 7 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project— Environmental Services
Consultant: David J. Powers
15. 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.
16. 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 ]'or 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.
F. 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 modifications to the documents.
City of Cupertino
Agreement
Page 8 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
17. 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.
18. 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: Katy Jensen
E-mail: katyj@cupertnzo.org
City of Cupertino
Agreement
Page 9 of 13
Civic Center Master Plan .& Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Jodi Starbird, Principal Project Manager
1871. The Alameda, Suite 200
San Jose, CA 95126
Phone no. 408-454-3437
E-mail: jstarbird«davidjpowers.com
19. 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 the time specified after receipt by Consultant from City of written
notice of default, specifying thenature 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.
In the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
20. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
21. 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.
City of Cupertino Agreement
Page 1.0 of 13
Civic Center Master Plan & Parking Garage Concephi.il Planning Project— Environmental Services
Consultant: Daviel J. Powers
22. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show brills, lithographs, posters or cards of any
kind pertaining to the services performed wider this Agreement unless prior
written approval has been secured from City to do otherwise.
23. 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.
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 19 of this Agreement.
24. 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
City of Cupertino Agreement
Page 11 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: Daviel J. Powers
party.
25. 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.
City of Cupertino Agreement
Page 12 of 13
Civic Center Master Plan & Parking Garage Conceptu,II Planning Project — Environmental Services
Consultant: David J. Powers
P.O. No. ,w, k, j
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT
+CITY OF CUPERTINO
A Municipal Corporation
DAVID J. POWERS & ASSOCIATES, IiVC.
By �J
Timm Borden, Director of Public Works
Name
Title FF -1 Nc kFA, L -
Date �J 11 1
Tax I.D. No.: 1-7 - 0Z � C� 511
1871 The Alameda, Suite 200
San Jose, CA, 95126
Phone no. 408-454- 3500
Date
APPROVED AS TO FORM:
Carol Korade, City Uttoiney
ATTEST:
Grace Schmidt, City Clerk
Contract Amount: $10,500
Account No.: 420-9144-9300�%� J(
P- /
City of Cupertino Agreement
Page 13 of 13
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental services
Consultant: Daviel J. Powers
EXHI131T A
SCOPE OF SERVICES
CONSULTANT shall perform professional environmental services as detailed in the following
sections related to the Cupertino Civic Center Master Plan & Parking Garage Conceptual
Planning project.
SECTION 1. GENERAL
A. General PROJECT Description: David J. Powers & Associates, Inc. (DJP&A), provide
environmental services, for the Cupertino Civic Center Master Plan & Parking Garage
Conceptual Planning project. The City is moving forward with the Alternative 3: Civic
Life For the Civic Center Master Plan along with a conceptual plan for a parking garage.
David J. Powers and Associates (DJP&A) to: 1) provide an environmental existing
conditions opportunities and constraints analysis prior to the design phase (Phase 1); 2)
provide input during the development and .refinement of the Master Plan alternative
and Parking Garage design (Phase 2).
B. General Performance Requirements:
I Theperformance of all services by CONSULTANT shall be to the'satisfaction of
the CITY, in accordance with the express terms hereof, including but not limited
to the terms set out in detail in this scope of services and the standard of care
provisions contained in this AGREEMENT.
2. The CITY's Department of Public Works shall manage the PROJECT and this
AGREEMENT. CONSULTANT shall receive final direction from the CITY's
Director of Public Works or his/her authorized designee (hereinafter collectively
"CITY") only. The CITY shall resolve any conflicting direction from other
groups, departments or agencies.
3. CONSULTANT shall coordinate this scope of services with the CITY as well as
with other CITY consultants and contractors, as needed or as directed by the
CITY. CONSULTANT shall schedule meeting and prepare meeting agendas and
minutes for all PROJECT meetings during the design phase under the scope of
work. All minutes of meetings are due to the CITY within five ('5) working days
after the meeting. CONSULTANT shall provide copies of such documentation to
the CITY, and as directed by the CITY, to other appropriate agencies and entities.
CONSULTANT shall coordinate all responses to comments through the CITY.
4. CONSULTANT shall designate and provide to the CITY the names of their team
members for the PROJECT. The team members shall be satisfactory to the CITY.
The team members shall include,fodi Starbird as CONSULTANT's Principal -in -
Cite of Cupertino Exhibits A, B & C
Page 1 of 9
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
charge for the duration of the PROJECT. CONSULTANT shall not substitute any
team members without the prior approval of the CITY.
5. CONSULTANT's services shall be performed as expeditiously as is consistent
with professional skill and care and the orderly process of the work. The
schedule for the performance included in EXHIBIT B, may be adjusted by mutual
agreement.
6. CONSULTANT shall manage its SUBCONSULTANTS, and administer the
PROJECT. CONSULTANT shall consult with the CITY, research applicable
design criteria, and communicate with members of the PROJECT team.
7. CONSULTANT shall assist the CITY, as requested by the CITY, in connection
with the CITY's responsibility for filing documents required for the approval of
governmental authorities having jurisdiction over the PROJECT.
SECTION 2. TASKS
PHASE 1 EXISTING CONDITIONS/ANALYSIS/EARLY CONCEPT
TASK 1A. SITE INVESTIGATION AND CONDITION ASSESSMENT
DJP&A will attend a kick-off meeting with the City staff and project team to develop an
understanding of the project and confirm the project approach. DJP&A will review relevant
background and technical information provided by the City and/or the project team. It is
anticipated that this will include review of draft plans and prior technical/environmental
reports. This scope of work also includes tune for general coordination and correspondence
with the City staff and the project team throughout the Phase 1 process. Coordination will take
place in the form of phone calls, e-mail correspondence, and meetings, as necessary.
DJP&A will conduct a site visit to evaluate and document the existing project site conditions,
including a survey of the existing trees on-site. The data collected will be utilized to the extent
possible in the preparation of the CEQA documentation should the City elect to have DJP&A
complete the final CEQA documents.
TASK 113 ENVIRONMENTAL OPPOR`]CUNITIES AND CONSTRAINTS ANALYSIS
DJP&A will prepare a brief memo report that describes the existing environmental
opportunities and constraints and issues associated with the Civic Center Master Plan
Alternative 3 and Parking Garage Conceptual Pl.annin,g Project as currently envisioned. DJP&A
will summarize potential issues such as visual/aesthetics, cultural & biological resources, traffic
and parking, construction -related water and air quality and noise, geology & soils, hazards, etc.,
in the constraints analysis. The memo report will also include a comprehensive list of all
City of Cupertino
Exhibits A, B & C
Page 2 of 9
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Provers
permits, regulatory and environmental approvals, and other agencies or utilities that will need
to be coordinated with as a result of the proposed Master Plan. DJP&A will provide the
constraints analysis to the City for review and consideration in selecting the preferred project
design. This scope of work includes time for DJP&A to respond to one round of comments
from the City and to revise the constraints analysis, as necessary.
PHASE 2 REFINEMENT SERVICES
TASK 2 MEETINGS/COORDINATION
As the project is developed and refined, DJP&A will attend up to two meetings/hearings with
the City staff and project team to provide input for selection of the preferred project design.
This scope of work also includes tithe for general coordination and correspondence with the
City staff and the project team throughout the Phase 2 process. Coordination will take place in
the form of phone calls, e-mail correspondence, and up to two (2) meetings, as necessary.
ADDITIONAL SERVICES
Consultant Services beyond the work in these tasks may be provided by CONSULTANT as
Additional Services only if such Additional Services are authorized in writing by the CITY
in advance. An Additional services amount of ONE THOUSAND DOLLARS ($ 1,000.00) is
made a part of this agreement. Additional services may be paid for as a negotiated
maximum not to exceed amount or by a time and materials cost accounting with a
maximum not to exceed..
City of Cupertino
Exhibits A, B & C
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Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
EXHI131T B
SCHEDULE OF YERFORMANCE
CONSULTANT shall complete all work by June 30, 2014.
The following sets forth the distribution of CONSULTANT's Schedule of Performance for each
project. The CITY may approve in writing the extension of any milestone date set in this
Exhibit.
Task #1A:
Site Investigation and Condition Assessment
1 week
after signing
theagreement
Task#113
Environmental Opportunities &: Constraints Analysis
1 -week
After signing
theagreement
Task #2:
Meetings/coordination
1 week
after signing
the agreement
City of Cupertino
Exhibits A, B & C
Page 4 of 9
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
EXHIBIT C
COMPENSATION
A. Maximum Compensation.
The CITY agrees to compensate CONSULTANT for professional services performed in
accordance with the terms and conditions of this. AGREEMENT. The maximum amount of
compensation to be paid to CONSULTANT under this AGREEMENT, including both payment
for professional services, additional services and. reimbursable expenses, shall not exceed TEN
THOUSAND FIVE HUNDRED DOLLARS ($ 10;500). CONSULTANT agrees that it shall
perform all of the services set forth in Exhibit A of this AGREEMENT, except for additional
services required pursuant to Section 2, TASKS and inclusive of reimbursable expenses, for the
maximum not to exceed amount of NINE THOUSAND FIVE HUNDRED DOLLARS ($ 9,500).
The maximum amount of Additional Services are authorized under Section G of this EXHIBIT C
is ONE THOUSAND DOLLARS ($ 7,000).
B. Method of Payment
For Task Nos. 7 through 2 CONSULTANT shall, during the term of this AGREEMENT, invoice
the CITY monthly based upon a percentage of completion of each milestone set.forth below in
the Payment Schedule (Schedule D below) for services performed, and reimbursable expenses
incurred if applicable, in completing that milestone under this AGREEMENT. (Hereinafter
"Invoice.") Provided CONSULTANT has completed the services and incurred the reimbursable
expenses covered by the Invoice in accordance with the provisions of this AGREEMENT, as
determined by the CITY, the CITY shall pay CONSULTANT the amount shown on the Invoice
within thirty (30) working days of receipt of the Invoice.
The Invoice shall be based on the percentage of milestone completed, and it shall describe the
topics and tasks completed during the Invoice period in accordance with the Budget Schedule
and Payment Schedule set forth below. The Invoice shall hist work completed and reimbursable
expenses if applicable, in accordance with the Budget Schedule and Payment Schedule set forth
below. CONSULTANT also shall include supporting documents for any reimbursable
expenses. The Invoice shall also show the total to be paid for the Invoice period.
City of Cupertino Exhibits A, B & C
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Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
C. Budget Schedule
The Budget Schedule for this AGREEMENT shall be as follows:
Task
Task Description Compensation
Task #1A: Site Investigation and Condition Assessment $ 2,000
Task #1B: Environmental Opportunities & Constraints Analysis $ 5,000
Task #2: Meeting/Coordination $ 2,500
Additional Services $ 1,000
TOTAL $ 10,500
CONSULTANT shall not exceed any of the specified budget amounts for any Task without prior
written authorization from the CITY. The CITY may approve in writing the transfer of budget
amounts between any of the Tasks listed above provided the total AGREEMENT amount does
not exceed TEN THOUSAND FIVE HUNDRED DOLLARS ($ 1.0,500).
City of Cupertino Exhibits A, B & C
Page 6 of 9
Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers
D. Payment Schedule
The Payment Schedule for this AGREEMENT shall be as follows:
TASK MILESTONE
Task #1A — Site Investigation and Condition Assessment
Task #113 — Environmental Opportunities & Constraints Analysis
Task #2 — Meeting/coordination
Additional Services
PERCENT OF TASK
COMPENSATION PAID
UPON COMPLETION OF
MILESTONE
100%
100%
100%
Paid Pursuant to Subsection G
below
E. Subconsultant Services.
CONSULTANT is directly responsible for any payment for SUBCONSULTANT work on this
PROJECT. SUBCONSULTANT work on this PROJECT is included in the Budget Schedule
shown above and shall be billed to the CITY by CONSULTANT as part of the Basic Services.
F. Reimbursable expenses.
Reimbursable expenses are included in CONSULTANT's lump sum compensation, including,
but not hinited'to, any expenses related to CONSULTANT's internal plan checks, CAD test
prints, 8 1/2" x 11" copies or fax copies. Plotting and Printing for public distribution will be the
responsibility of the CITY. There are no separate reimbursable expenses for Basic Services
performed under Tasks 1-2 of EXHIBIT A.
G. Additional Services.
CONSULTANT shall not perform Additional Services without prior written authorization of
the CITY. Additional Services shall be separately negotiated to be paid on a lump sum or a time
and material basis at the rates set forth herein, as authorized by the CITY. The CITY has set
aside the surn of ONE THOUSAND DOLLARS ($ 1,000) for the payment of Additional Services.
The CITY shall not authorize and CONSULTANT shall not perform any Additional Services
that result in charges in excess of the above amount.
CONSULTANT shall submit an Invoice to the CITY for payment on a monthly basis for
authorized Additional Services rendered during; the previous month. In the event Additional
Services are authorized, CONSULTANT shall submit Invoices in accordance with the
City of Cupertino Exhibits A, B & C
Page 7 of 9
Civic Center Master Plan & Parking Garage Conceptual Planning Project —,Environmental Services
Consultant: David J. Powers
CONSULTANT hourly rate schedule attached to this EXHIBIT C. The rates shown in the
EXHIBIT C-1 sall stay in effect during the full term of the contract. The CITY shall pay
Additional Services Invoices as provided in this EXHIBIT C.
City of Cupertino
Exhibits A, B & C
Page 8 of 9
Civic Center Master Plan & Parking Garage Conceptual Pinnning Project — Environmental Services
Consultant: David J. Powers
EXHIBIT G1
CONSULTANT HOURLY RATES FOR ADDITONAL SERVICES
David J. Powers & Associates Rates: Hourly Rates
SENIOR PRINCIPAL
.$250.00
PRINCIPAL PROJECT MANAGER
$ 220.00
SENIOR ENVIRONMENTAL SPECIALIST
$1.95.00
SENIOR PROJECT MANAGER
$ 175.00
ENVIRONMENTAL SPECIALIST
$ 1.60.00
PROJECT MANAGER
$ 150.00
ASSOCIATE PROJECT MANAGER
$ 1.35.00
ASSISTANT PROJECT MANAGER
$ 11.0.00
RESEARCHER
$ 95.00
DRAFTSPERSON/GRAPHIC ARTIST
$ 85.00
DOCUMENT PROCESSOR/QUALITY CONTROL
$ 85.00
ADMINISTRATIVE MANAGER
$ 85.00
OFFICE SUPPORT
$ 70.00
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.
Cite of Cupertino Exhibits A, B & C
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Civic Center Master Plan & Parking Garage Conceptual Planning Project — Environmental Services
Consultant: David J. Powers