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14-072 David J POwers & Associates preparation of a categorical Exemption for the Biltmore Clubhouse studio apartments OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE: (408)'777-3223• FAX: (408)777-3366 C U P E RT I N O WEBSITE:www.cupf;rtino.org April 28, 2014 David J Powers & Associates, Inc., 1871 The Alameda, Suite 200 San Jose, CA 95126 Re: Agreement for preparation of a Categorical Exemption for the Biltmore Clubhouse. studio apartments project. A fully executed copy of the agreement for consultant services with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Community Development Department at (408) 777-3308. Sincerely, Andrea Sanders Senior Office Assistant City Clerk's Office Enclosure cc: Community Development CITY OF AGREEMENT CITY OF C'UPERTINO 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO ✓1 J 408-777-3200 NO. 00019 L}' L THIS AGREEMENT, made and entered into this 215' day of April, 2014 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and David I PPowers & Associates, Inc., 1871 The Alameda, suite 200, San Jose, California, 95126, Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Preparation of a Categorical Exemption for the Biltmore Clubhouses studio apartments project. Check box if services are further described in an Exhibit. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement commenced on April 21s', 2014, and shall be completed no later than December 3151, 2014. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A total not to exceed three thousand, six hundred thirty dollars ($3630.00). California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 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. Subcontracting. Contractor has been retained due to their-unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Page] of 3 Agreement—David J. Polvers, Biltmore Clubhouse Residential Categorical Exemption Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirernents Coverage: Contractor shall maintain the following insurance coverage: (1;) Workers' Compensation: Statutory coverage as required by the State of California.. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $1.00,000 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: $1.00,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the arnount of at least$1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby ;;:rants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven(7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Page 2 of 3 Agreement—David J. Powers, Biltmore Clubhouse Residential Categorical Exemption Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which Sl_lch services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits,FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: Kaitie Groenewe,g DEPARTMENT: Community Development This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: CITY OF CUPERTINO: By By Title f I'd eat Titl /A�ssista t Director, Community Development APPROVALS _EXPENDITURE DISTRIBUTION DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT DATE 110-2211,BS 23085 $3,630.00 CITY ATTORNEY APPR�'4?ED S FO Poi tx�rost�l DATE �I /IV CITY CLERK: ATTEST DATE Page 3 of 3 Agreement-David J. Powers, Biltinore Clubhouse Residential Categorical Exemption ©Un DAVID J. POWERS Exhibit Roca . ©®P • April 3,2014 Simon S.Vuong,Associate Planner Community Development Department City of Cupertino 10300 Torre Avenue Cupertino,CA 95014 RE: Biltmore.Clubhouse Residential Cat Ex Sent via email to: SimonV@cupertino.org Dear Simon: Based on our review of the project plans and discussions with you,we're proposing preparation of a brief Categorical Exemption(Cat Ex)for the Biltmore Clubhouse studio apartments project. The project appears to qualify for a Class 32 Categorical Exemption under CEQA per Section 15332(In- fill Development Projects). DJP&A will prepare the CEQA NOE form and provide it to the City for review and.comment within two weeks of contract authorization. DJP&A will coordinate any revisions with the City and will provide a final veirsion of the CEQA NOE for signature. DJP&A will also file the Cat Ex form with the.County Clerk,if requested by the City, The budget for this work is a not-to-exceed fee of$3,630, which includes the County filing fee. Please dote this scope does not include the preparation of any technical reports. If this proposed scope of work is acceptable to you,your authorization to proceed will serve as our binding legal agreement for the services described above and our authorization to invoice for this Work. Sincerely, Will Burns Project Manager a Attachment: Charge Rates ®n n DAVID I POWERS o®o B®0 MENEM CHARGE RATE SCHEDULE' SENIOR PRINCIPAL $255,00 PER HOUR PRINCIPAL PROJECT MANAGER $225.00 PER HOUR SENIOR ENVIRONMENTAL SPECIALIST $200.00 PER HOUR SENIOR PROJECT MANAGER $ 180.00 PER HOUR ENVIRONMENTAL SPECIALIST $ 165,00 PER.HOUR PROJECT MANAGER $ 155.00 PER HOUR ASSOCIATE PROJECT MANAGER $ 140.00 PER HOUR ASSISTANT PROJECT MANAGER $ 115.00 PER HOUR RESEARCHER $ 100.00 PER HOUR DRAFTSPERSON/GRAPHIC ARTIST $ 90.00 PER HOUR DOCUMENT PROCESSOR/QUALITY CONTROL $ 90.00 PER HOUR ADMINISTRATIVE MANAGER $ 90.00 PER HOUR OFFICE SUPPORT $ 75.00 PER HOUR MATERIALS,OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINISTRATION FEE. MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. S17BJECT TO REVISION JANUARY 1,2015 1 David J.Powers&Associates,Inc.provides regular,clear and accurate invoices as the work on this project proceeds,in accordance with normal company billing procedures. The cost estimate prepared for this project does not include special accounting or bookkeeping procedur.-s,nor does it include preparation of extraordinary or unique statements or invoices. If a special invoice or.accounting process is requested,the service can be provided on a lime and materials basis.