15-102 David J Powers and Associates for the Parkside Trails Project AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID J
POWERS & ASSOCIATES,INC FOR CONSULTANT SERVICES FOR THE
PARKSIDE TRAILS PROJECT
THIS AGREEMENT,is entered into this 8th day of July,2015,by and between the
CITY OF CUPERTINO, a California municipal corporation("City"), and David J Powers
& Associates, Inc, a California Corporation whose address is 1871 The Alameda, Suite
200, San Jose, California 95126, (hereinafter referred to as "Consultant") (collectively
referred to as the"Parties").
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now being
conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement.
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 consultant services
for the Parkside Trails project upon the terms and conditions herein.
NOW,THEREFORE,the Parties mutually agree as follows:
1. TERM A
The parties agree that the term of this Agreement shall be deemed to have /J
commenced on December 19,2014,at which time the City of Cupertino received a deposit
from the Project Applicant, and shall terminate on December 31, 2015, unless terminated
earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in the Scopes of Work,
dated January 7, 2015, as amended on April 27, 2015, attached as Exhibit "A" hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement
in a total amount not to exceed ONE HUNDRED FIFTY ONE THOUSAND ONE
HUNDRED NINETY EIGHT dollars($151,198.00)based on the rates and terms set forth
in Exhibit"A," which is attached hereto and incorporated herein by this reference.
4. TIME IS OF THE ESSENCE
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
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AS?sA, Inc - Partside Trails Contract, -S-15
5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of like professionals in the San Francisco
Bay Area and agrees that all services shall be performed by qualified and experienced
personnel who are not employed by the City nor have any contractual relationship with
City.
6. INDEPENDENT PARTIES
City and Consultant intend that the relationship between them created by this
Agreement is that of an independent contractor. The manner and means of conducting the
work are under the control of Consultant, except to the extent they are limited by statute,
rule or regulation and the express terms of this Agreement. No civil service status or
other right of employment will be acquired by virtue of Consultant's services.None of the
benefits provided by City to its employees, including but not limited to, unemployment
insurance, workers' compensation plans, vacation and sick leave are available from City
to Consultant, its employees or agents. Deductions.shall not be .made for any state or
federal taxes, FICA payments, PERS payments, or other purposes normally associated
with an employer-employee relationship from any fees due Consultant. Payments of the
above items, if required, are the responsibility of Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
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.
8. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against 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, sexual orientation, or any other protected class. Consultant
agrees that any and all violations of this provision shall constitute a material breach of
this Agreement.
9. HOLD HARMLESS
Standard Indemnification:
Consultant shall, to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, with respect to all services performed
in connection with the Agreement, indemnify,.defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature,
whether physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the performance of this Agreement.by Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses shall
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DJP&A Inc - Parkside Trails Contract, 7-8-15
include reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation. The acceptance of the Services by City shall not operate as a
waiver of the right of indemnification. The provisions of this Section survive the
completion of the Services or termination of this Contract.
10. INSURANCE:
A. General Requirements. 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 the requirements listed in Exhibit"B". 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." Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as additional
insured shall be submitted with the insurance certificates.
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 under such insurance.
C. Failure to secure or maintain insurance. If Consultant at any time during
the term hereof should fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Consultant's name or as an agent of the
Consultant and shall be compensated by the Consultant for the costs of the insurance
premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid.
D. Additional Insured. City, its City Council, boards and commissions,
officers, employees and volunteers shall be named as an additional insured under all
insurance coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such
additional insured. An additional insured named herein shall not be held liable for any
premium, deductible portion of any loss, or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured shall not be required
to contribute anything toward any loss or expense covered by the insurance provided by
this policy.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
F. Maximum Coverage and Limits. It shall' be a requirement under this
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Agreement that any available insurance proceeds broader than or in excess of the
specified minimum Insurance coverage requirements and/or limits shall be available to
the additional insured City. Furthermore, the requirements for coverage and limits shall
be the minimum coverage and limits specified in this Agreement, or the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the
named insured, whichever is greater.
11. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any
interest, direct or indirect,,financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conflict of interest form if the services
provided under this Agreement require Consultant to make certain governmental
decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of
the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the 'subcontractor's work.
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement.
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Subcontractor further agrees to include these same provisions with any sub-
subcontractor. A copy of.the Owner Contract Document Indemnity and Insurance
provisions will be furnished to the subcontractor upon request. Consultant shall require
all subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to City.
14. 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.
15. REPORTS
A. Each and every report; draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports.created pursuant to this Agreement.. Any Report, information and
data acquired or required by this Agreement shall become the property of'City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of. (1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project; and/or (4) Other City projects as City deems 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.
16. 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, 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
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shall be maintained for a period of three (3) years after Consultant receives final payment
from City for all services required under this agreement.
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.
17. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal
Code and Agreement will terminate without any penalty (a) at the end of any fiscal year
in the event that funds are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section shall take
precedence in the event of a conflict with any other covenant, term, condition, or
provision of this Agreement.
18. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and
recycled/remanufactured toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks;
• Using energy-star compliant equipment; -
• Using cleansers and working with janitorial contractors to meet Green Seal's
Industrial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
19. 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 shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014 .
Attention: Aarti Shrivastava, Assistant City Manager
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TO CONSULTANT:
David J Powers &Associates, Inc.
John Schwarz, Principal Project ManagerNice President
1871 The Alameda, Suite 200
San Jose, CA 95126
20. 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 Consultant fails to cure the default within the time
specified and according to the requirements set forth in City's written notice of default,
and in addition to any other remedy available to the City by law, the City Manager may
terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. The City Manager shall also have the option, at its sole discretion
and without cause, of terminating this Agreement by giving seven (7) calendar days'prior
written notice to Consultant as .provided herein. Upon receipt of any notice of
termination, Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective
date of termination. If the termination if for cause, City may deduct from such payment
the amount of actual damage, if any, sustained by City due to Consultant's failure to
perform its material obligations under this Agreement. Upon termination, Consultant
shall immediately deliver to the City any and all copies of studies, sketches, drawings,
computations, and other material or products, whether or not completed, prepared by
Consultant or given to Consultant, in connection with this Agreement. Such materials
shall become the property of City.
21. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules,
policies and regulations enacted or issued by City.
22. 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 Superior Court of the County of Santa Clara, State of
California.
23. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise.
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24. 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.
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, 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.
26. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
27. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
28. CAPTIONS AND TERMS
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. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
David J Powers &Asso fates, Inc. A Municipal Corporation
By By Aarti Shrivastava
Title Title Ass' nt fry Tanager
Date 7 �.3 Dat '
APPROVED AS TO FORM ATTEST:
1�!'P&A,
ity Attorney City Clerk ��aNv
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Inc - Parkside Trails Contract, 7-8-15
Exhibits:
Exhibit"A"- Scope of Services, Schedule of Performance and Compensation
Exhibit"B"- Insurance Requirements and Proof of Insurance
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO #2016- Glia
Contract Amount $151,198.00
Account number:
100220-209
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Exhibit A
no M MVID J. POWERS
S
EI®N arrvr�orrnrr orrsu�o errs r
71
Parkside Trails
Scope of Work Amendment to Prepare an EIR
April 27,2015
This amendment to the Parkside Trails Residential Project scope of work is to prepare an Environmental
Impact Report(EIR). The EIR will comply with CEQA and the CEQA Guidelines, and will meet the
requirements of the City of Cupertino. Work elements for the EIR include preparing the Notice of
Preparation, Draft EIR, Mitigation Monitoring or Reporting Program, and Final EIR. David J. Powers
&Associates (DJP&A) will also prepare the Notice of Availability(NOA),Notice of Completion
(NOC), and Notice of Determination (NOD) and, upon written City authorization, file the notices at the
County and pay the associated fees. The estimated additional cost and schedule to prepare an EIR is
outlined below.
To provide a quality environmental review document that meets the City of Cupertino's needs and is
completed as efficiently as possible, this proposal amendment reflects certain assumptions about when
and how the work can be done, and what information and material will be provided to DJP&A. This
scope, schedule, and cost estimate is based on the following assumptions:
• The EIR project description will differentiate between the project elements proposed by the
applicant and those included at the City's request (e.g., staircase access to Stevens Creek Park).
There will be no changes to the project description, except the following:
■ The "Park Parcel" will not be dedicated to the City. Instead, it will be merged with the
quarry parcels, and it will be placed under a conservation easement.
■ The"Land Trade" is no longer proposed. Instead, the Fairway Property will be dedicated to
the City.
■ Irrevocable offers to dedicate trail easements are anticipated to be included in the
Development Agreement at the request of the City. Although the acceptance of the
easements and the exact location of potential future trails is uncertain, the EIR will analyze
the trail easement dedications using the trail alignments shown in the Parkside Trails
Feasibility Study; the City will conduct more detailed, future CEQA review prior to
accepting the easements, as appropriate.
■ The staircase access from the proposed residences to Stevens Creek Park is not proposed by
the applicant; however, it is anticipated to be included in the Development Agreement at the
request of the City, and will be evaluated in the EIR.
■ Offsite BMR will be evaluated as part of the proposed project. Because not all details of the
potential offsite BMR are known at this point, this project aspect will be evaluated to the
extent feasible based on reasonably available and obtainable information.
■ Onsite BMR will be evaluated as a project alternative.
• No new or revised technical reports will be required, except for the biological resources report to
be prepared by H.T. Harvey&Associates, the hydrology memo to be prepared by Schaaf&
t
Wheeler, the Chestnut picnic area photosimulation prepared by Previsualists, and the updated
sight distance analysis to be prepared by Fehr&Peers.
• Review of drainage and hydrology reports and design and erosion control measures will continue
to be provided by City Staff, except for the emergency spillway erosion control measures, which
will be the subject of the hydrology memo prepared by Schaaf& Wheeler.
• The NOP and Scoping Meeting comments will be reviewed and included as an EIR appendix.
If circumstances arise that differ from the assumptions described above, DJP&A can complete the
additional work required to reflect these conditions on a time and materials basis, upon written
authorization
1.0 COST
The total cost to prepare the EIR, utilizing the information in the circulated Initial Study to the greatest
extent feasible, is estimated not to exceed a maximum of$151,198. This estimate is based upon our
understanding of the project to date and is in accordance with the attached fee schedule. This estimate
includes the following optional task:
• David J. Powers &Associates: Responses to comments, in addition to Final EIR.
A breakdown of the cost estimate is shown on the following page. All costs would be charged on a time
and materials basis commensurate with work completed. Payment will be due on a monthly basis.
Please note that the cost breakdown shown on the following page is a not-to-exceed amount for all tasks
combined. Within this not-to-exceed total, actual amounts spent on individual tasks may be more or less .
than the estimates. If the environmental review for this project can be completed for less than the total
budget, DJP&A will only bill for actual time spent and work completed.
L
Cost Estimate
David J.Powers,&Associates
In-house Staff Time-EIR $87,555
Expenses/Reproduction/PDFs3,4 $ 3,560
Filing Fees $ 3,165
— CDFW NOD Filling Fee $3;065
— County NOA and NOD Filing Fees $ 100
Technical Subconsultants4
H.T. Harvey&Associates $ 28,222
— Biological Study(update existing analysis and evaluate entire 90 acres)'
Schaaf& Wheeler $ 4,945
— Detention Basin Emergency Spillway Erosion Control Peer Review'
Fehr&Peers $ 5,911
— Updated Sight Distance Analysis'
Previsualists $ 1,840
— Chestnut Picnic Area Photosimulation
Optional Tasks/Contingency
David J. Powers&Associates $ 16,000
— Responses to Comments in Addition to Final EIR
[16 hours Principal Project Manager and 80 hours Project Manager]
Total Estimated Budget for EIR(including Responses and Optional Tasks) $151,198
Notes:
DJP&A will prepare and present the scoping meeting PowerPoint presentation,provide comment cards for the attendees,and record and
take notes during oral comments.There will not be a court reporter.The City will notice the meeting(e.g.,NOP,website,mailings,etc.),
reserve the meeting room,and arrange for the applicant to provide project display boards(e.g.,display boards used for ERC).
'Public hearings include Project Manager attendance at up to five hearings(ERC,Planning Commission,and City Council)and Principal
Project Manager attendance at up to three hearings.
Printing expenses include up to five(5)Administrative Draft EIR copies,5 Screencheck Draft EIR copies,30 Draft EIRs,and 20 Final
EIRs. Up to 15 CD copies would be sent to the State Clearinghouse for circulation.
All expenses and subconsultant costs include a 15%administrative fee.
'Scope of work attached.
2.0 SCHEDULE
DJP&A proposes the following optimum schedule to prepare the EIR. DJP&A commits to maintaining
the schedule in the areas that are within our control. EIR completion, as described in the schedule, is
based upon receipt of all necessary project information from others on the dates identified in the
schedule.
DJP&A will make every effort to incorporate completion of the Optional Task into the schedule(if and
when Optional Task is deemed necessary); however, the schedule on the following page does not
include completing the Optional Task. Completing the Optional Task may extend the schedule,
depending on the work product to be completed.
3
Optimal EIIR Schedule
Task/Product Date Week
DJP&A receives written authorization to proceed on technical studies.' 19DEC2014 --
Detention basin spillway erosion control peer review complete. 7JAN2015 --
DJP&A receives FINAL project description. 25FEB2015 0
DJP&A and City prepare NOP. 2MAR2015 1
NOP circulation period begins. 3MAR2015 1
DJP&A receives written authorization to proceed on EIR. 5MAR2015 1
Biological resources report complete and provided to City. 16MAR2015 3
City provides DJP&A project objectives. 17MAR2015 3
DJP&A prepares and provides EIR project description to City. 18MAR2015 3
City and applicant review EIR project description and provide comments to DJP&A. 20MAR2015 3
EIR Scoping Meeting 26MAR2015 4
City defines project alternatives to be evaluated in EIR. 27MAR2015 4
NOP circulation period ends(30 days). IAPR2015 5
DJP&A submits Administrative Draft EIR to City.1,3 17APR2015 7
City provides comments on Administrative Draft EIR. 15MAY2015 11
DJP&A submits 2nd Administrative Draft EIR to City. 5JUN2015 14
City provides comments on 2nd 'Administrative Draft EIR to DJP&A. 19JUN2015 16
DJP&A submits"Screencheck"Draft EIR to City. 26JUN2015 17
City provides comments on Screencheck Draft EIR to DJP&A. 3JUL2015 18
DJP&A submits Draft EIR to City for circulation. l OJUL2015 19
Draft EIR circulation period begins. IOJUL2015 19
Draft EIR circulation period ends(45 days). 24AUG2015 26
DJP&A submits Administrative Final EIR to City.4 14SEP2015 29
City provides comments on Administrative Final EIR to DJP&A. 28SEP2015 31
DJP&A submits"Screencheck"Final EIR to City. 5OCT2015 32
City provides comments on"Screencheck"Final EIR to DJP&A. 12OCT2015 33
DJP&A submits Final EIR to City for circulation. 19OCT2015 34
Final EIR circulation period begins. 19OCT2015 34
Final EIR circulation period ends(10 days) 29OCT2015 34
Hearings ------- -------
Notes:
'Subtask 1 of the Parkside Trails Scope of Work Amendment to Prepare an EIR January 7,2015.
ZDJP&A will provide track changes document showing revisions made to Initial Study analysis.
3Assumes preparation of responses to NOP and Scoping Meeting comments would be undertaken concurrent with
preparation of the Administrative Draft EIR.
4Assumes that no new technical analysis required and a maximum of 25 pages of written comments are received.
4
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID J
POWERS & ASSOCIATES,INC FOR CONSULTANT SERVICES FOR THE
PARKSIDE TRAILS PROJECT
THIS AGREEMENT,is entered into this 8th day of July,2015,by and between the
CITY OF CUPERTINO, a California municipal corporation("City"), and David J Powers
& Associates, Inc, a California Corporation whose address is 1871 The Alameda, Suite
200, San Jose, California 95126, (hereinafter referred to as "Consultant") (collectively
referred to as the "Parties").
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now being
conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement.
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 consultant services
for the Parkside Trails project upon the terms and conditions herein.
NOW, THEREFORE,the Parties mutually agree as follows:
L TERM J The parties agree that the term of this Agreement shall be deemed to have
commenced on December 19,2014,at which time the City of Cupertino received a deposit l�
from the Project Applicant, and shall terminate on December 31, 2015, unless terminated
earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in the Scopes of Work,
dated January 7, 2015, as amended on April 27, 2015, attached as Exhibit "A" hereto and
incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this Agreement
in a total amount not to exceed ONE HUNDRED FIFTY ONE THOUSAND ONE
HUNDRED NINETY EIGHT dollars($151,198.00)based on the rates and terms set forth
in Exhibit "A," which is attached hereto and incorporated herein by this reference.
4. TIME IS OF THE ESSENCE
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
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