15-120 David J. Powers & Associates for Environmental Consultant ServicesFIRST AMENDMENT MASTER AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND DAVID J. POWERS & ASSOCIATES, INC. FOR
ENVIRONMENT AL CONSULT ANT SERVICES
This First Amendment to the Agreement between the City of Cupertino and DAVID J.
POWERS & ASSOCIATES, INC., for reference dated J~l °t ,1.01}2017, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and
DA YID J. POWERS & ASSOCIATES, INC. (a California corporation) whose address is
1871 The Alameda, Suite 200, San Jose, CA 95126; telephone no. (408) 248-3500
(hereinafter "CONSULTANT"), and is made with reference to the following:
RECITALS:
A. On July 1, 2015, an agreement was entered into by and between CITY and
DA YID J. POWERS & ASSOCIATES, INC. (hereinafter "Agreement").
B. CITY and CONSUL TANT 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 the date the agreement is
executed and shall terminate on September-30, 2017 unless terminated earlier as set
forth herein.
2. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall
be increased by TWENTY-FIVE THOUSAND DOLLARS ($25,000) from ONE
HUNDRED AND FIFTY THOUSAND DOLLARS ($150,000) to ONE HUNDRED AND
SEVENTY-FIVE THOUSAND DOLLARS ($175,000). The rate of payment is set out in
Exhibit C, titled "Compensation", which is attached hereto and incorporated herein.
Consultant shall furnish to City a detailed statement of the work performed for
compensation during the term of this Agreement. Consultant may submit monthly
invoices for interim progress payments during the course of each phase, clearly stating
as a minimum the total Contract amount, amount paid to date, percent complete and
amount due.
Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
Page 1 of 2
First Amendment
Master Agreement fo r Environmental Consultant Services -David J. Powers & Associates, Inc.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
AVID J. POWERS &
SSO IA TES, INC.
T le ~~1'dQY\+
D~.Mtbo..., /</J o /7
18he Alameda, Suite 200
San Jose, CA 95126
Phone no. 408-248-3500
CITY OF CUPERTINO
A Municipal Corporation
By ~
Timm Borden, Director of Public Works
APPROVED AS TO FORM:
~ b,LA_ ~ Randolph Stevenson Hom
City Attorney
AITEST:
By 9Yl(~1Mt±
Grace Schmidt, City Clerk ~ --z_(p ,,. t 1
Account Nos.: BY SERVICE ORDERS
Total Contract Amount:$ 175,000
Amendment No. I Amount: $ 25,000
Page 2 of 2
First Amendment
Master Agreement for Environmental Consultant Services -David J. Powers & Associates, Inc.
CITY OF CUPERTINO
MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 12
Maximum Compensation:
Approval by:
Term:NTP:
City Manager D
City Council D
$ 150,000
July 1, 2015
Consultant: David J. Powers & Associates, Inc.
End Date: June 30, 2017
Director@ Date: July 29, 2015
Item Number: Date:
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: Regnart Road Slope Stabilization
[K)Description: (simple project description if appropriate)
Preperation and recording of CEQA NOE. Permits from USACE, CDFW, and RWQCB as described
in Attachment A
[K)Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: John Raaymakers
Gty of Cupertino
DJ Powers Master Agreement Page 1 of 2 Service Order No. 12
Fiscal/Budget
CITY OF CUPERTINO
MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Phi & Phi Envrio.
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
S.0.# 3 -Acct.# 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
S.0./t 4 -Acct. # 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan
S.0.# 5 -Acct. # 100-82-806-700-702 McClellan Ranch West Parking Lot Improvement
S.0.# 6 -Acct. # 100-82-806-700-702 -CIP FY17 Projects CEQA Overview
S.0.# 7 -Acct. It 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan (USFW Permit Fee)
S.0.# 8 -Acct. # 100-82-806-700-702 CEQA Training for CIP Project Managers
S.0.# 9 -Acct.# 580-99-019-900-905-MRP 003-02-01 CEQA Blacksmith Shop Forge Restoration
S.0.# 10 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I&Phll Envrio.
S.0.# 11 -Acct.# 280-99-009-900-905-P LM 001-0i-Ol-Lawrence Mitty-Ecological Assessment
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0 .# 12 -Acct. #270-85-821-900-905 Regnart Road Slope Stabilization
i'IO Total Encumbered to Date including this S.O.:
-Master Agreement Balance:
Contract Manager: 0 f I/ -Date: 5:"-t.8'·17
I
APPROVALS
Consultant: Date:
Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
City Finance: Date:
City of Cupertino
Amount
$150,000.00
actual
$14,624.95
$11,516.50
$1,830.00
$19,671.37
$27,000.00
$900.00
$2,210.25
$1,485.00
$3,835.91
$13,840.00
$4,550.00
$101,463.98
$48,536.02
$30,510.00
$131,973.98
$18,026.02
DJ Powers Master Agreement Page 2 of2 Service Order No. 12
v
ATTACHMENT A
John Raaymakers
Project Manager
=~~n DAVID J.POWERS n~~
El~~
May 18, 2017
City of Cupertino, Department of Public Works
10300 To1Te Avenue
Cupertino, CA 95014
RE: CEQA Environmental Review for the Rcgnart Road Slope Stabilization Project
Dear John:
Thank you for contacting David J. Powers & Associates, Inc. (DJP&A) regarding the preparation of
a CEQA environmental document and regulatory agency permit applications for emergency roadway
repairs on Regnart Road in Cupertino. We anticipate utilizing our existing on-call Public Works
contract for the work described.
The project site is located on the southeast side ofRegnart Road, approximately 1,000 feet southwest
of Lindy Lane, and consists of the installation of a new soldier pile and concrete or wood retaining
wall on the outboard side of the road. The intent of the wall is to stabilize a portion of the adjacent
creek bank that has failed as a result of a landslide that has undermined the roadway. Other
improvements included in the project are the construction of an AC curb, drop inlet, and backdrain.
We believe the appropriate CEQA document for the project is a Statutory Exemption (Section 15269.
Emergency Projects). It is anticipated that permits will be required from the California Department
of Fish and Wildlife (CDFW), US Arn1y Corps of Engineers (USACE), and Regional Water Quality
Control Board (RWQCB).
PREPARATION OF NOTICE OF EXEMPTION
The proposed tasks of work for the preparation of a CEQA Notice of Exemption (NOE) for the
project are described below. The NOE is the document filed when a project has been determined to
be categorically exempt from CEQA. The CEQA NOE form can be found in Appendix E of the
CEQA Guidelines.
This scope assumes that work within the actual creek banks or low-flow channel would occur
and may include the placement of new fill (e.g., water diversion measures) that would be
considered impacts to "Waters of the U.S." and/or "Waters of the State" by regulatory agencies.
Although it is not anticipated that the roadway and bank repair work will directly impact trees, it
will be necessary for the project to avoid impacts to nesting raptors and/or other birds that are
protected under the Migratory Bird Treaty Act. DJP&A will work with WRA, the City, and
Design Team to compile a list of avoidance measures to ensure the project will not harm nesting
DJP&A
May 18, 2017
Regnart Road Stabilization Project
Page 2
rap tors or other birds in the vicinity of the bridges that are protected under the Migratory Bird
Treaty Act.
Task 1 -Regulatory Permitting
WRA Environmental Consultants (WRA), under contract to DJP&A, will perform four tasks to
provide the necessary regulatory pennitting for the project. The tasks are: I) USA CE Section 404
and RWQCB Section 401 Water Quality Certification Permit Applications; 2) CDFW Emergency
Work-Lake or Streambed Alteration Program; 3) Project Management, Coordination, and Follow
Up Reporting; and 4) Biological Monitoring During Construction (Contingency).
For the first task, WRA will prepare applications for the USACE and RWQCB, including all of the
necessary documentation for permit approvals. WRA's task will include prior consultation with the
USACE to confirm the applicability of an emergency permit, and to notify the State Water Resources
Control Board and RWQCB, assuming that the USACE agrees with this approach. WRA's task also
includes a single site visit to map the limit ofUSACE and RWQCB jurisdiction within the reach of
the proposed project improvements, and to investigate the extent of potential habitat for listed
species. They will also investigate potential areas for replanting of riparian vegetation as mitigation.
Subsequent tasks will include the preparation of permit application materials for the CDFW permit,
attendance at meetings and preparation of post-construction reports, and conducting on-site
monitoring for California red-legged frog during construction, if necessary.
This scope does not specifically include any pre-construction monitoring for red-legged frog. If it is
determined that such monitoring is needed, it can be completed under a separate Service Order upon
the City's authorization.
Task 2 -Preparation of the Statutory Exemption
DJP&A will prepare an NOE according to the requirements of the City and CEQA. The NOE wiJJ
include a description of the project and the reasons why the City believes the project is exempt from
CEQA. DJP&A will submit the draft NOE to the City for review and comment. The document will
then be revised and filed at the County Clerk's office after project approval. The $50 County filing
fee is included in the cost estimate below. DJP&A offices are located in San Jose, near the County
buildings, and we file such documents regularly for various governmental agencies. DJP&A will
coordinate with WRA on the timing of the CEQA document in relation to the regulatory permitting
work they will perform.
COST ESTIMATE
The cost for preparation of the NOE and the acquisition of permits is estimated not to exceed a
maximum of $30,510. All costs will be billed on a time and materials basis, commensurate with
work completed, in accordance with the billing rates attached. IfDJP&A does not need all the time
that has been budgeted, we will only bill for the time actually spent completing the work. Additional
fees may be required in the event the project description changes after authorization to proceed is
received or the project is delayed. Payment will be due on a monthly basis. A breakdown of the
NOE and regulato1y agency permit cost estimate is provided below:
DJP&A
May 18, 2017
Regnart Road Stabilization Project
Page l
DJP&A -Task 1
In-house Hours & Document Processing
Subconsultant -Task 2*
Total
$4,125
$26,335
$30,510
*All expense and subconsultant costs include our standard 15% administration fee.
If this proposed scope of work is acceptable to you, it will be attached to the City's standard Service
Order agreement.
Thank you for contacting DJP&A to request a scope of work for this worthwhile project. Please do
not hesitate to contact me if you have any questions or need more information. My direct phone
number is ( 408) 454-3437 and my email address is jstarbird@davidjpowers.com.
Sincerely,
~~
Jodi Starbird
Principal
1871 TI1 e Ala111eda • Suite 200 • San Jose. CA 951 26 • Tel: 408-248-3500 • Fax: 408-248-9641
ll'\1•1v.dal'idipower~·.co111
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 11
Maximum Compensation: $
Term:NTP:
Approval by:
150,000
July 1, 2015
Director 0
End Date: June 30, 2017
Date: July 29, 2015 City Manager 0
City Council 0 Item Number: Date:
Consultant: David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: Lawrence-Mitty Ecological Assessment
[8::Joescription: (simple project description if appropriate)
Perfom an ecolo ical assessment of the Lawrence Mitty site.
memo report sped ying areas at cannot
environmental actions, permitting, or mitigation. Memo is also to include recommendations on site
alterations in the context of development of the parcel £or park purposes. Recommendations will
consider and describe permitting and mitigation requirements that would result from alterations.
Site review is to be conducted on 2-21-2017 and the final report memo to be provided by 3-7-2017.
0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: John Raaymakers
Cily of Cupertino
DJ Powers Master Agreement Page 1 of2 Service Order No, 11
Fiscal/Budget
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1-Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Phi & Phi Envrio. :___··--·---··--·····-···--· ·-·---····--·
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal --
Amount
$150,000.00
$14,819.00
$13,313.00 ---··-·-·----· ···············-· -· ···-·-----·-------·-·-···-·-··-------S.0.# 3 ·Acct.# 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP $19,689.00 ----------··------. ·-·-·-·-·-·· .. ·---·-·--···---
$20,951.00 S.O:~} -Acct. # 420-99-026-900-905-ST 012-02-01 Bicy<:le 1~ansportation Plan -··· ······························---S.0.# 5 -Acct. # 100-82:8~6:700~~02 Mcg~Han Ranch West Parking Lot !Il:lpr""':ment
S.O.U 6 -Acct. # 100-82-806-700-702 • CIP FY17 Projects CEQA Overview
S.0.# 7 -Acct. # 420-99-026-900-905-ST 012-02-01 Bicvcle Transportation Plan (USFW Permit Fee)
S.0.# 8 · Acct. # 100-82-806-700-702 CEQA Training for CIP Project Mana1<ers
S.0.# 9 • Acct. # 580-99-019-900-905-MRP 003-02-01 CEQA Blacksmith Shoo Forge Restoration
S.0.# 10 ·Acct.# 280-99-009-900-905-P LM 001-01,01-Lawrence Mitty-Ph.I&Phll Envrio.
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE·
S.0.# 11-Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ecological Assessment
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Contn1ct Manat?er: ~fL Date: z/-sj!7
APPROVALS 1
a:5? ·. -0 -R__ -_p
Consultant: ~ Date: 2./ / '"'o / 1-,
~
Director of Public Work~ Date: 2;!, Y,UZ
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
City Finance: Date:
City of Cupertino
$27,000.00
$900.00
$2,210.25
$3,675.00
$4,850.00
$13,840.00
$121,247.25
$28,752.75
$4,550.00
$125,797.25
$24,202.75
DJ Powers Master Agreement Page 2 of2 Service Order No. 11
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#:
Maximum Compensation:
Approval by:
Term:NTP:
City Manager D
City Council D
2016-172
$ 150,000
July 1, 2015
Consultant: David J. Powers & Associates, Inc.
Service Order No.: 10
End Date: June 30, 2017
Director 0 Date: July 29, 2015
Item Number: Date:
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: Lawrence-Mitty Soil Quality Evaluation
[K]Description: (simple project description if appropriate)
Provide a general screening of soil quality for debris piles located on the Lawrence Mitty site.
See attached proposal
0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: John Raaymakers
City of Cupertino
DJ Powers Master Agreement Page 1 of 2 Service Order No. 7
Fiscal/Budget
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhII Envrio.
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
S.0.# 3 -Acct.# 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
S.0.# 4 -Acct. # 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan
S.0.# 5 -Acct.# 100-82-806-700-702 McClellan Ranch West Parking Lot Improvement
S.0.# 6 -Acct.# 100-82-806-700-702 -CIP FY17 Projects CEQA Overview
S.0.# 7 -Acct.# 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan (USFW Permit Fee)
S.0.# 8 -Acct. # 100-82-806-700-702 CEQA Training for CIP Project Managers
S.0.# 9 -Acct.# 580-99-019-900-905-MRP 003-02-01 CEQA Blacksmith Shop Forge Restoration
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.# JO. Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhII Envrio.
Total Encumbered to Date including this S.O.:
-Master Agreement Balance:
Contract Manager: I/_~(____ Date: lo/Zo/1t,
APPROVALS
Consultant: Date:
Date: !o/l..i}tc.
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
City Finance: Date:
Jo/t,;1/11o
City of Cupertino
Amount
$150,000.00
$14,819.00
$13,313.00
$19,689.00
$20,951.00
$27,000.00
$900.00
$2,210.25
$3,675.00
$4,850.00
$107,407.25
$42,592.75
$13,840.00
$121,247.25
$28,752.75
DJ Powers Master Agreement Page 2 of2 Service Order No. 7
i=E ~A ym J, roWERS
la]~~· '
John Raaymakers
Project Manager
City of Cupertino Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
October 20, 2016
RE: Soil Quality Evaluation for the Lawrence Mitty Park site -Service Order No. 10 from
DJP&A's On-call Contract for Public Works Projects.
Dear John:
As requested as part of our Master On-call Agreement with the Public Works Department, we have
prepared the following scope of work for the preparation of a Soil Quality Evaluation for stockpiles
located on the future Lawrence Mitty Park Site by Cornerstone Earth Group (or "Cornerstone").
This project is Service Order No. 10 from our on-call contract.
The approximately 7-acre site is located on the west side of Lawrence Expressway, east of Sterling
Boulevard, generally between Runo and Starrett Courts in the northeastern portion of the City.
Saratoga Creek runs along the western edge of the site.
The City is considering the purchase of the site from the County of Santa Clara for use as a public
park. The City currently has an agreement with the County to landscape and maintain the southern
portion of the property. The northern portion of the site was used by the County for the storage of
construction and demolition materials, such as old asphalt concrete and other roadway materials. It is
the City's desire to preliminarily characterize the potential hazardous materials content of existing
stockpiles on the site to determine approximate costs of disposing the stockpiled materials.
PREPARATION OF SOIL QUALITY EVALUATION
Cornerstone will randomly collect 12 soil samples using a backhoe from depths of approximately ½
to 3 ½ feet into the stockpiles. The soil samples will be collected in clean stainless steel liners fitted
with plastic end caps, and labeled with unique sample identification numbers. Soils samples for
volatile organic compound (VOC) analysis will be collected in five gram core-n-one capsules
following DTSC guidance. The samples will be placed in a chilled cooler and transported to a state-
certified laboratory under chain of custody control.
Samples will be tested for metals, organochlorine pesticides, polychlorinated biphenyls (PCBs), total
petroleum hydrocarbons, VOCs, STLC leaching extraction, and low level polyaromatic
hydrocarbons. Three bulk samples will also be tested for asbestos.
DJP&A
October 20, 2016
Lawrence Mitty Park
Page 2
A letter report will be prepared that will summarize the field work and laboratory data. Analytical
data and a site plan showing sampling locations will also be included. This scope also includes
DJP&A time to assist the City in the coordination of the services described above as well as to
determine the costs of disposal at up to two disposal locations recommended by Cornerstone.
Therefore, time is included in this scope for these tasks.
COST ESTTh1ATE
The cost for preparation of the Soil Quality Evaluation is estimated not to exceed a maximum of
$13,615. All costs will be billed on a time and materials basis, commensurate with work completed,
in accordance with the billing rates below. The cost is a fixed fee; however, additional fees may be
required in the event the project description changes after authorization to proceed is received,
additional sampling is required, or the project is delayed. Payment will be due on a monthly basis.
A breakdown of the cost estimate is provided below:
DJP&A
In-house Hours & Document Processing
Subconsultant -Cornerstone Earth Group
Soil Quality Evaluation*
Total
$2,700
$11,140
$13,840
* All subconsultant and expense costs include our standard 15% administration fee.
SCHEDULE
An optimum schedule for completion of the Soil Quality Evaluation is outlined below. DJP&A can
commit to maintaining the schedule in the areas that are within our control. Completion of the
document as described in the schedule below, is based upon receipt of all necessary project
information on schedule. The schedule below also assumes that the project description is not
changed once we receive a notice to proceed. A corresponding slip in the schedule will occur as a
result of unanticipated delays beyond our control, including failure to receive project-related
information in a timely manner, delays in administrative review, additional required testing, or
similar events.
DJP&A
October 20, 2016
TASK
Receive authorization to proceed and all pertinent project
infonnation from City.
Completion of Soil Collection by Cornerstone
Testing is completed and letter report is prepared by
Cornerstone (with DJP&A review) and submitted to City
City review of Administrative Draft Phase VPhase II
DJP&A/Cornerstone revises document per comments received
Total
Lawrence Mitty Park
Page 3
COMPLETED END
OF WEEK
October 20, 2016
October 24, 2016
November 16, 2016
November 23, 2016
November 28, 2016
5.5 Weeks
We look forward to preparing the necessary documents for the project. Please do not hesitate to
contact me if you have any questions or need more information. My direct phone number is (408)
454-3437 and my email address is jstarbird@davidjpowers.com.
#15-117
Sincerely, 7~
Jodi Starbird
Principal
1871 Th e A/a111eda • Suite 200 • San Jose, CA 95126 • Tel: 408-248-3500 • Fax: 408-248-9641
111iv111. davidipmvers. com
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO #: 2016-172 Service Order No.: 9
Maximum Compensation: $ 150,000
Term: NTP: July 1, 2015 End Date: June 30, 2017
Approval by: City Manager D Director 0 Date: 10/4/2016
City Council D Item Number: Date:
Consultant: David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: CEQA document for McClellan Ranch Blacksmith Shop Forge Restoration Proj.
CK] Description: (simple project description if appropriate)
Prepare and fil e the CEQA documents fo r a Catigorical Exemption for the Blacksmith
Shop Forge Restoration project
0 Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: Katy Jensen
City of Cupertino
DJ Powers Master Agreement Page 1 of 2 Se rvice Order No,.Y' q 0
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.111 -Acct. II 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & Phll Envrio.
S.0.11 2 -Acct. 11 420-99-020-900-905-MRW 001-02-01 Simms House Removal
S.0.113 -Acct. 11420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
S.0.11 4 -Acct. II 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan
S.0.11 5 -Acct. II 100-82-806-700-702 McClellan Ranch West Parking Lot Improvement
S.0.11 6 -Acct. 11 100-82-806-700-702 -CIP FY17 Projects CEQA Overview
S.0.11 7 -Acct. II 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan (USFW Permit Fee)
S.0.11 8 -Acct. II 100-82-806-700-702 CEQA Training for CIP Project Managers
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.11 9 -Acct. II · 580-99-019-900-905-MRP 003-02-01 CEQA Blacksmith Shop Forge Restoration
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Contmt M•mge" k:o i le. ~ Date:
Date: I D/'5 /1 ~
Director of Public Works: Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
CityFinance: ~&\~ ~ Date: 1tr{~(tfo
City of Cupertino
Amount
$150,000.00
$14,819.00
$13,313.00
$19,689.00
$20,951.00
$27,000.00
$900.00
$2,210.25
$3,675.00
$102,557.25
$47,442.75
$4,850.00
$107,407.25
$42,592.75
DJ Powers Master Agreement Page 2 of 2 Service Order No.tf q
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.;-'7""~
Maximum Compensation: $ 150,000
Term:NTP: July 1, 2015 End Date: June 30, 2017
Approval by: City Manager D Director 0 Date: 7/29/2015
City Council D Item Number: Date:
Consultant: David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: CEQA Training for CIP Project Managers
0Description: (simple project description if appropriate)
Prepare presentation and materials for 90-minute training session for CIP project managers;
Conduct training session;
Not-to-exceed fee includes all time and material costs to complete the training;
See attached proposal and training outline.
0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: Katy Jensen
City of Cupertino
DJ Powers Master Agreement Page 1of2 Service Order No . .....-R
CITY OF CUPERTINO
MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & Phil Envrio.
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
S.0.# 3 -Acct.# 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
S.0.# 4 -Acct. # 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan
S.0.# 5 -Acct.# 100-82-806-700-702 McClellan Ranch West Parking Lot Improvement
S.0.# 6 -Acct.# 100-82-806-700-702 -CIP FY17 Projects CEQA Overview
S.0.# 7 -Acct.# 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan (USFW Permit Fee)
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0 .# 8 -Acct.# 100-82-806-700-702 CEQA Training for CIP Project Managers
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Contract Manager: Date:
APPROVALS
Con,ulrant §!il=~ Date: ~ )-zz /I to
•
I I
Diredornf Public Wo'k' ~ri ta~ Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
<" '
CityFinance: ~U.,, {L ~({--. Date:
Amount
$150,000.00
$14,819.00
$13,313.00
$19,689.00
$20,951.00
$27,000.00
$900.00
$2,210.25
$98,882.25
$51,117.75
$3,675.00
$102,557.25
$47,442.75
City of Cupertino
DJ Powers Master Agreement Page 2 of 2 Service Order No . .fV f
Katy Jensen
Capital Improvement Program Manager
City of Cupertino, Department of Public Works
I 0300 Torre Avenue
Cupertino, CA 95014
RE: CEQA Training for City Staff
Dear Katy:
June 26, 2016
Shannon George and I enjoyed talking with you about the City's desire to contract with us to provide
basic California Environmental Quality Act (CEQA) training for City staff. As we discussed on the
phone, you would like to give staff, particularly in the Public Works Department, the tools necessary
to determine if a project requires review per the CEQA Guidelines, the extent of the review needed,
and a timeline for when the CEQA process should commence.
Shannon has previously completed such training for our own employees as well as for staff of nearby
municipalities and governing bodies. She will walk staff through the definition of a project under
CEQA, a review of other Cupertino Public Works projects that required CEQA review, and a
simplified version of the CEQA flowchart. Her focus will be to provide staff with a basic
understanding of why the process is necessary, what it entails, and when in the project development
stage it should be considered. Our goal is to help demystify the process and give staff a pathway to
complete CEQA review in advance of or concurrently with project approval.
Shannon will do a Powerpoint presentation with hand-outs, finishing up with a question and answer
period. This presentation is intended for Public Works and Junior Planning staff. It is believed the
entire presentation will take about an hour and a half. It is also believed that the meeting will be
scheduled for late August or early September 2016.
COST ESTIMATE
We anticipate utilizing our existing on-call Public Works contract for the work described. The cost
for preparation of the presentation and materials, and conducting the training session is estimated not
to exceed a maximum of $3,675. Our work will be billed on a time and materials basis,
commensurate with work completed, in accordance with the billing rates included in our on-call
contract. Payment will be due and payable on a monthly basis .
! 87 / lhe /l/,uncda •Suite 200 •Sun .!us'', CA 95126 •Tel.--108<?48-3500 •Fox. 40S-2-18-96-l l
lv11·11· dm·idieuw.f!D. ,:um
DJP&A
June 26, 2016
CEQA Training
Page 2
David J. Powers & Associates, Inc.
• Prepare training materials and conduct the presentation $3 ,375
• Reimbursable expenses* (printing, mileage, etc.) $300
Total: $3,675
Please contact me directly at jstarbird@davidjpowers.com or Senior Project Manager, Shannon
George (direct line: 408-454-3402, sgeorge@davidjpowers.com), if you have any questions
regarding this proposed scope of work or if there is any additional information you need. We look
forward to working with you on this training project!
Sincerely,
Jodi Starbird
Principal Project Manager
408-454-3437
1>rn The .'J/,1111edo • Sllifc :;oo • S,m Jost:;, CA 95 I ::6 • Td: ·108-::48-3500 •Fax. ·108-248-961 i
.~\:J.1.J~.'.,.c/(f.l:jdJJJ.(i_IJ'.f..!},(QIJ!
From: Shannon George [mailto:sgeorge@davidjpowers.com]
Sent: Sunday, August 21, 2016 9:20 PM
To: l<aty Jensen <katyj@cupertino.org>
Subject: CEQA Presentation -Outline
Cupertino -CEQA Presentation Outline
1. What is CEQA and why was it enacted
a. What is CEQA
b. Intent of CEQA as a decision-making tool and a public process
2. What triggers CEQA
a. Activities not subject to CEQA
b. Activities subject to CEQA
3. When should a determination regarding CEQA be made
a. Flow chart of process
4. What level of CEQA review is required
a. Exempt, Initial Study, EIR
b. Who decides
5. Consequences of an incomplete or incorrect process
a. Legal challenges
b. City vs. Project Applicant responsibility
6. Q&A
MASTER AGREEMENT PO#:
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
2016-172 Service Order No.: 7
Maximum Compensation: $ 150,000 Account No.: 420-99-026-900-905-ST 012-02-01
Term:NTP: July 1, 2015 End Date: June 30, 2017
Approval by: City Manager D Director 0 Date: 7/29/2015
City Council D Item Number: Date:
Consultant: David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: Bicycle Transportation Plan -Initial Sti..idy -US Fish & Wildlife Fee
0Description: (simple project description if appropriate)
Pass through payment of fee required by US Fish & Wildlife.
0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: David Stillman
City of Cupertino
DJ Powers Master Agreement Page 1of2 Service Order No. 7
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhII Envrio.
S.0 .# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
S.0.# 3 -Acct.# 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
S.0.# 4 -Acct. # 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan
S.0.# 5 -Acct. # 100-82-806-700-702 McClellan Ranch West Parking Lot Improvement
S.0.# 6 -Acct.# 100-82-806-700-702 -CIP FY17 Projects CEQA Overview
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.# 7 -Acct. # 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan (USFW Permit Fee)
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
ContmtManage' 9L ~L
APPROVALS
Date: Con,ultant,%~
dr. Di<edornfPublicWock' ,~ _A. 2-Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
City Finance: Date:
City of Cupertino
Amount
$150,000
$14,819
$13,313
$19,689
$20,951
$27,000
$900
$96,672
$53,328
$2,210.25
$98,882.25
$51,117.75
DJ Powers Master Agreement Page 2 of 2 Service Order No. 7
CITY OF CUPERTINO
MASTER AGREEMENT CONSUL TANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 6
Maximum Compensation: $ 150,000 Account No.: 100-82-806-700-702
Term: NTP: July 1, 2015 End Date: June 30, 2016
Approval by: City Manager D Director 0 Date: 7/29/2015
City Council D Item Number: Date:
Consultant: David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: CIP FY17 Projects CEQA Overview
[E]oescription: (simple project description if appropriate)
Consultation services per request of City (see attached email) for the following:
1) Review of each CIP project funded for FY 2016-17 to determine the approach to
environmental compliance; 2) advise on AB 52 Tribal Consultation requirements; and
3) advise about staff training plan.
Up to 4 hours of consultation at Principal Project Manager rate -not to exceed $900.00
0Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: Katy Jensen
City of Cuperhno
DJ Powers Master Agreement Page 1 of 2 Service Order No. 6
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct. 11280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhH Envrio.
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal ·------------·---------S.0.11 3 -Acct. II 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
S.0 .# 4 -Acct. II 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan
S.0.11 5 -Acct. 11100-82-806-700-702 McClellan Ranch West Parking Lot Improvement
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.11 6 -Acct. 11100-82-806-700-702 -CIP FY17 Projects CEQA Overview
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Contract Manager: Katy Jensen ~ .
1
Date: June 14, 2016
APPROVALS ~ ~ /J • /)
Con•ult•nt %--~ Date: ~ /z.o Ii 1p
Dice<toc of Publi< Woch ~-~ Date: 4?/ .z.1 //b
I I
Appropriation Certification: I hereby certify that an unexpended appropriation is available in the above
fund for the above contract as estimated and that fund are available as of this date of signature.
City Finance: Date:
City of Cupertino
Amount
$150,000
$14,819
$13,313
$19,689
$20,951
$27,000
$95,772
$54,228
.$900
$96,672
$53,328
DJ Powers Master Agreement Page 2 of 2 Service Order No. 6
CITY OF CUPERTINO
MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 5
Maximum Compensation: $ 27,000 Account No.: 100-82-806-700-702
Term: NTP: May 9, 2016 END DATE: December 31, 2016
Approval by: City Manager D Director E'J Date:
City Council D Item Number: Date:
Consultant: David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: McClellan Ranch West Parking Lot Improvement -Initial Study
0Description: (simple project description if appropriate)
~Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: Alex Acenas
City of Cupertino
DJ Powers Master Agreement Page 1of2 Service Order No. 5
Fiscal/Budget
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhII Envrio.
S.0 .# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
S.0.# 3 -Acct.# 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
S.0 .# 4 -Acct.# 420-99-026-900-905-ST 012-02-01 Bicycle Transportation Plan
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.# 5 -Acct.# 100-82-806-700-702 McClellan Ranch West Parking Lot Improvement
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
ContractManager: tlt<¥~ ~ ~ Date:
APPROVALS ~ Consultantp.=. Date:
Director of Public Wor~ Date:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance: Date:
City of Cupertino
Amount
$150,000
$14,819
$13,313
$19,689
$20,951
$68,772
$81,228
$27,000
$95,772
$54,228
DJ Powers Master Agreement Page 2 of 2 Service Order No. 5
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 5
ENVIRONMENTAL CONSULTANT SERVICES
INTRODUCTION
Service Order #5 under a Master Agreement for Environmental Consultant Services dated July 1, 2015,
between the City of Cupertino ("CITY") and David J. Powers & Associates, Inc. ("CONSULTANT"), a
California Corporation.
Attachment "A", to Service Order No. 5 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation for an Initial Study for the McClellan Ranch West
Parking Lot Improvement project.
ITEM A: PROJECT DESCRIPTION
ITEMB:
ITEMC:
SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
DELIVERABLES
ITEMD:
ITEME:
ITEM A:
SCHEDULE OF PERFORMANCE
COMPENSATION
PROJECT DESCRIPTION
A-1 DESCRIPTION
Prepare an Initial Study (IS) pursuant to the requirements of the California Environmental
Quality Act (CEQA) and CITY'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 may be
used by CITY to support a Mitigated Negative Declaration if the project includes mitigation
measures to reduce any significant impacts to a less than significant level.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions regarding the
administration of this Service Order:
CONSULT ANT: David J. Powers & Associates, Inc.
Jodi Starbird
1871 The Alameda, Suite 200
San Jose, CA 95126
408-248-3500
jstarbird@davidjpowers.com
City of Cupertino
David J. Powers
CITY: Department of Public Works
Alex Acenas
10300 Torre Ave.
Cupertino, CA 95014
408-777-3232
alexa@cupertino.org
Service Order /IS-Attachment A
Page 1of6
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 5
ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSUL TANT shall perform the following specific services:
TASK 1-Review Background Information and Project Initiation
Review the relevant background information based on the plans provided by CITY. Meet with CITY
to develop an understanding of the preferred parking lot configuration as well as to discuss the
environmental constraints and potential impacts associated with the project.
TASK 2 -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 (paving· of pervious
surfaces 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 CITY'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. The assessment of impacts will be commensurate with the level of detail
ultimately included in plans provided by CITY. A description of the primary issues to be addressed is
provided below:
Biological Resources
The project site is located adjacent to Stevens Creek, which is known to provide habitat for
sensitive species, including steelhead trout; however, based on the existing use of the project
site as a parking lot for McClellan Ranch, it is unlikely that the project site would provide
suitable habitat for these sensitive species.
City of Cupertino
David J. Powers
Service Order /IS-Attachment A
Page 2 of 6
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 5
To determine the potential for impacts to biological resources, a biology report will be prepared
by DJP&A. The biology report will evaluate the condition of the riparian corridor and
determine the potential impacts to sensitive species and their habitat. It is assumed that the
project would incorporate best management practices during the pre-construction and
construction phase of the project. Additionally, implementation of post-construction measures
to reduce indirect impacts to sensitive species occurring in Stevens Creek is expected.
In the event that it is determined that a pre-construction survey for nesting raptors be
performed prior to project construction, DJP&A can provide a pre-construction survey
separately from this scope of work. Mitigation and avoidance measures will be identified, as
appropriate, to reduce biological resource impacts to a less than significant level.
Hydrology and Water Quality
The project site is located within the floodplain of Stevens Creek and has the potential to affect
water surface levels downstream. The IS will discuss findings from a hydrology report, to be
provided by Balance Hydrologies, Inc., and will identify mitigation and avoidance measures to
reduce potential hydrology and water quality impacts to a less than significant level.
Transportation and Traffic
The IS will describe findings of the SightDistance Analysis prepared by Hexagon Transportation
Consultants, Inc. The IS will identify the short-term traffic and circulation impacts resulting
from the proposed project, and the potentiaJ for safety and hazard concerns associated with the
repositioning of the Simms Property entrance. 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.
Other Sections
The IS will also address all other issues in the checklist, including aesthetics, agricultural
resources, air quality, cultural resources, geology and soils, greenhouse gases, hazards and
hazardous materials, land use/planning, mineral resources, noise, 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 3 -Submittal of the Administrative Draft IS
Prepare up to five (5) copies of the Administrative Draft IS. These copies and an electronic version will
be submitted to CITY for review and comment.
City of Cupertino
David J. Powers
Service Order 115-Attachment A
Page 3 of 6
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 5
TASK 4 -Preparation of Public Review Draft Initial Study
Revisions will be made to the Administrative Draft IS, based on comments received from CITY. 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 CITY in electronic
format for final approval. Up to twenty (20) copies of the Draft IS will be provided to CITY for
distribution to the public and appropriate agencies. If requested by CITY, the Draft IS is to be provided
in an electronic format for posting to CITY's web site.
Provide guidance to 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. Provide
drafts of the notices for use by CITY, if requested. All necessary notification posting associated with
distribution of the public review Draft IS will be completed by CITY, including publication in a
regional newspaper.
TASK 5 -Response to Public Comments
Assist CITY in responding to substantive comments received on the Draft IS during the public review
period. Task includes approximately eight hours to respond to written comments received from the
public and/or governmental agencies as a result of circulation of the Draft IS. The responses will be
provided to CITY in the form of a memorandum that can be attached to the Staff Report for the project.
Work related to a protest of the Negative Declaration is NOT included in this scope but can be
performed as an Additional Service.
TASK 6 -Mitigation Monitoring or Reporting Plan
A Mitigation, Monitoring, or Reporting Plan (MMRP) will be prepared in conformance with the CEQA
Guidelines and CITY 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 CITY's existing
entitlement and project review process. A draft MMRP will be provided to CITY prior to consideration
of the project by the decision-makers. After review and comment on the Draft MMRP, revise the
MMRP according to the comments provided and submit the Final MMRP to CITY.
TASK 7 -Attend Hearings/Meetings
Attend up to two (2) meetings and/or public hearings. Attendance to additional meetings, if needed,
can be performed as an Additional Service.
TASK 8 -Preparation of Notice of Determination
Prepare the Notice of Determination (NOD) for the CEQA process.
TASK 9 -Project Management and Coordination
Oversee the management of the IS, including document production, QA/QC, and related activities.
These activities include management of the project scope, budget, and schedule for environmental
compliance activities.
City of Cupertino
David}. Powers
Service Order #5-Attachment A
Page 4 of 6
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 5
ITEM C DELIVERABLES
The CONSULTANT shall deliver the following Items to CITY under this SO:
TASKl:N/A
TASK2: N/A
TASK 3: Administrative Draft Initial Study
TASK 4: Public Review Draft Initial Study
TASK 5: Responses to public comments in memo format
TASK6: NIA
TASK 7: Draft and Final Mitigation, Monitoring, or Reporting Plan
TASK 8: Notice of Determination
TASK 9: N/A
ITEM D SCHEDULE OF PERFORMANCE
Task/Product
CONSULTANT receives Authorization to Proceed
CONSULTANT receives plans and project information from CITY
CONSULTANT receives Sight Distance Analysis and Hydrology Report. Biology report to
be completed by CONSULTANT.
CONSULTANT completes and submits Administrative Draft IS/MND to CITY
CITY review of Administrative Draft IS/MND (assumes 2 week review)
CONSULTANT revises IS/MND per comments received & prepares Screencheck
IS/MND*
CITY reviews and approves Screencheck IS/MND
CONSULTANT revises Screencheck IS/MND and prints IS/MND for Circulation
End of 20-day public review period
CONSULTANT assists CITY in preparation of Responses to Comment (if necessary)* and
prepare draft Mitigation Monitoring and Reporting Program (MMRP)
CITY review of responses to comments and draft MMRP
CONSULTANT rev ises MMRP per comments received -prepare Final MMRP
CONSULTANT attends Public Hearing -adoption of MND
CONSULTANT prepares and files NOD
Completed at End of
Week
---
Week 1
Week4
Week 6
Week8
Week9
Week 11
Week 12
Week 15
Week 17
Week 18
Week 18.5
TBD
Within 5 days of
adoption of MND
Note:* Assumes no additional technical studies are needed and significant unavoidable impacts are not identified.
City of Cupertino
David J. Powers
Service Order #5-Attachment A
Page 5 of 6
ITEME COMPENSATION
E-1 BASE COMPENSATION
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 5
The maximum compensation for this Service Order, including both payment for professional
services, additional services and reimbursable expenses, shall not exceed TWENTY SEVEN
THOUSAND DOLLARS ($27,000). CONSULTANT agrees that it shall perform all of the
services set forth in this Attachment A of this Service Order, except for any additional services
required, and inclusive of reimbursable expenses, for the amount of TWENTY FOUR
THOUSAND FIVE HUNDRED AND SEVENTY-FIVE ONE DOL_LARS ($24,575). The
maximum amount of Additional Services authorized under Service Order of this Attachment A
is TWO THOUSAND FOUR HUNDRED TWENTY-FIVE DOLLARS ($2,425). Any hours
worked for which payment would result in a total exceeding the maximum amount of
compensation set forth herein shall be at no cost to CITY.
E-2 REIMBURSABLE EXPENSES
Base Compensation is inclusive of Reimbursable Expenses. May apply to Additional Services as spelled
out in Exhibit C of the Master Agreement.
E-3 ADDITIONAL SERVICES ·
CONSULTANT shall not perform Additional Services without prior written authorization of CITY.
Additional Services shall be separately negotiated to be paid on a lump sum or a time and material
basis at the rates set forthin Exhibit C of the Master Agreement, as authorized by CITY. CITY has set
aside the sum of TWO THOUSAND FOUR HUNDRED TWENTY-FIVE DOLLARS ($2,425) for the
payment of Additional Services. 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 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C shall stay in effect
during the full term of the contract.
City of Cupertino
David J. Powers
END OF ATTACHMENT
Service Order /IS-Attachment A
Page 6 of 6
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 4
Maximum Compensation: $
too-es -co-!\-" ..-100-1oi-
20,9s1 Account No.: 428 99 Q2(; 9QQ .9Qi-ST 012-02-01
Term:NTP: March 18, 2016 END DATE: December 31, 2016
Approval by: City Manager D Director ~ Date:
City Council D Item Number: Date:
Consultant: David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Jodi Starbird
Project Description:
Project Name: Bicycle Transportation Plan -Initial Study
0Description: (simple project description if appropriate)
~Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works Project Manager: David Stillman
City of Cupertino
DJ Powers Master Agreement Page 1of2 Service Order No. 4
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1-Acct.#280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & Phll Envrio.
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
S.0.# 3 -Acct. # 420-99-020-900-905-MRW 001-02-01 CEQA Env Review 16-17 CIP
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.# 4 -Acct.#_ 42£Hl9-026 !JQQ 9Q1'-ST 012-02-01 Bicycle Transportation Plan
\Y' oo-&S,,. ~A -100 _., O'V Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Date: f /15 //(,
APPROVALS
Comilltan~~ Date: '3/;;;.. \ ] l {c;
Directm of Public Wm'=~ Date: 1'/f $ /( ~
f
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance: Date:
City of Cupertino
Amount
$150,000
$14,819
$13,313
$19,689
$47,821
$102,179
$20,951
$68,772
$81,228
DJ Powers Master Agreement Page 2 of 2 Service Order No. 4
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
ENVIRONMENTAL CONSULTANT SERVICES
INTRODUCTION
Service Order #4 under a Master Agreement for Environmental Consultant Services dated July 1, 2015,
between the City of Cupertino ("CITY") and David J. Powers & Associates, Inc. ("CONSULTANT"), a
California Corporation.
Attachment "A", to Service Order No. 4 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation for an Initial Study for the Cupertino Bicycle
Transportation Plan.
ITEM A:
ITEMB:
ITEMC:
ITEMD:
ITEME:
ITEM A:
PROJECT DESCRIPTION
SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
DELIVERABLES
SCHEDULE OF PERFORMANCE
COMPENSATION
PROJECT DESCRIPTION
A-1 DESCRIPTION
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. Prepare a Mitigation, Monitoring, or Reporting Plan in conformance with CEQA
guidelines and City of Cupertino requirements. Attend up to four meetings. Prepare a Notice
of Determination for the CEQA process.
The 2016 Cupertino Bicycle Transportation Plan outlines a framework for encouraging bicycling
as a safe, practical and healthy alternative to the use of the automobile. The Plan focuses on five
elements: environment, engineering, encouragement, education and enforcement, and makes
recommendations with respect to infrastructure improvements and policies contained within
those elements with the goal of improving the mobility and safety of Cupertino bicyclists.
City of Cupertino
David J. Powers
Service Order #4-Attachment A
Page 1of7
A-2 PROJECT COORDINATION
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
The following individuals are the primary contacts for all questions and actions regarding the
administration of this Service Order:
CONSULT ANT: David J. Powers & CITY: The Department of Public Works,
Associates, Inc.
Jodi Starbird David Stillman
1871 The Alameda, Suite 200 10300 Torre Ave.
San Jose, CA 95126 Cupertino, CA 95014
408-248-3500 408-777-3249
jstarbird@davidjpowers.com davids@cupertino.org
ITEM B: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULT ANT shall perform the following specific services:
TASK 1 -Project Management and Coordination
Oversee the management of the IS, including document production, QA/QC, and related activities.
These activities include management of the project scope, budget, and schedule for environmental
compliance activities.
TASK 2 -Meeting I Hearings
Attendance at up to four (4) meetings and/or public hearings. If additional meetings are needed they
will be added upon City approval on a time and materials basis.
TASK 3 -Project Initiation
Review the relevant background information based on the plans provided by the City. Meet with City
staff to develop an understanding of the preferred bicycle transportation network as well as to discuss
the environmental constraints and potential impacts associated with the project.
TASK 4 -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.
City of Cupertino
David J. Powers
Service Order #4-Attachment A
Page 2of 7
Project Description
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
The IS will describe the proposed project, including the physical characteristics (expansion of
roadways, implementation of pedestrian/bicycle crossings, construction of new bicycle lanes 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. The assessment of impacts will be commensurate with the level of detail
ultimately included in the Bicycle Transportation Plan. A description of the primary issues to be
addressed is provided below.
Transportation and Traffic
The IS will describe the existing bicycle and pedestrian circulation conditions in the project area.
The traffic section will identify the short-term traffic and circulation impacts resulting from the
proposed project, and the potential for safety and hazard concerns associated with increased
use of bicycle facilities. Information compiled during preparation of the Bicycle Transportation
Plan will be utilized for this for this analysis. 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
The proposed project may result in the removal of trees to accommodate trail alignment. The IS
will generally discuss potential 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 less than significant level.
Hydrology and Water Quality
The proposed project would pave portions of access trails along riparian corridors in the City of
Cupertino. The IS will examine the potential for the proposed project to impact the water
quality of creeks from project runoff. Mitigation and avoidance measures will be identified, as
appropriate, to reduce hydrology and water quality impacts to a less than significant level.
City of Cupertino
David J. Powers
Service Order #4-Attachment A
Page 3of7
Cumulative Impacts
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 4
The IS will address the likelihood for the project to result in adverse cumulative safety impacts
and will identify mitigation and avoidance measures, as appropriate, to reduce cumulatively
considerable impacts to a less than significant level.
Other Sections
The IS will also address all other issues in the checklist, including aesthetics, agricultural
resources, air quality, cultural resources, geology and soils, greenhouse gases, hazardous
materials, land use/planning, 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.
Prepare up to five (5) copies of the Administrative Draft IS. These copies and an electronic version
will be submitted to the City staff for review and comment.
TASK 5 -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 provided to the City for
distribution to the public and appropriate agencies. If requested by the City, the Draft IS is to be
provided in an electronic format for posting to the City's web site.
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. Provide
drafts of the notices for use by the City, if requested.
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 6 -Response to Public Comments
Assist the City in responding to substantive comments received on the Draft IS during the public
review period. Task includes approximately eight hours to respond to written comments received
from the public and/or governmental agencies as a result of circulation of the Draft IS. The responses
City of Cupertino
David J. Powers
Service Order #4-Attachment A
Page 4 of 7
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
will be provided to City staff in the form of a memorandum that can be attached to the Staff Report
for the project.
NOT included-work related to a protest of the Negative Declaration.
TASK 7 -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
FinalMMRP to the City.
TASK 8-Preparation of Notice of Determination
Prepare the Notice of Determination (NOD) for the CEQA process.
ITEM C DELIVERABLES
The CONSULTANT shall deliver the following Items to the CITY under this SO:
TASKl:
NIA
TASK2:
Meeting notes
TASK3:
Meeting notes
TASK4:
Administrative Draft Initial Study
TASK5:
Public Review Draft Initial Study
TASK6:
Responses to public comments in memo format
City of Cupertino
David J. Powers
Service Order #4-Attachment A
Page 5 of 7
TASK7:
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
• Draft Mitigation, Monitoring, or Reporting Plan
• Final Mitigation, Monitoring, or Reporting Plan
TASKS:
• Notice of Determination
ITEM D SCHEDULE OF PERFORMANCE
Schedule for Bike Master Plan Initial Study
No.
1
2
Milestone
Consultant receives Complete Bike Plan and Authorization:
to Proceed
Consultant provides Administrative Draft MND
6 Prepare Public Review Draft EIR
7 Publish Public Review Draft MND
8
9
10
11
12 Environmental Review Committee (recommendation on
MND)
13 City Council Hearin& (Adopt MND and Master Plan)
Approx. Time
Resp. Party to Complete
(days)
City
?
After Close of
Public Review
period
Date
17-Mar-16
Total
(weeks)
3.00
.~.so
Note: This schedule is preliminary and subject to change. It assumes only one hearing for the Council. It also assumes that no
substantive comments are received during circulation of the Initial Study.
City of Cupertino
David J. Powers
Service Order #4-Attachment A
Page 6of7
ITEME COMPENSATION
A. Base Compensation
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 4
The maximum compensation for this Service Order, including both payment for professional services,
additional services and reimbursable expenses, shall not exceed TWENTY THOUSAND, NINE
HUNDRED AND FIFTY ONE DOLLARS ($20,951). CONSULTANT agrees that it shall perform all of
the services set forth in this Attachment A of this Service Order, except for any additional services
required, and inclusive of reimbursable expenses, for the amount of TWENTY THOUSAND, NINE
HUNDRED AND FIFTY ONE DOLLARS ($20,951). The maximum amount of Additional Services are
authorized under Service Order of this Attachment A is ZERO DOLLARS ($0). Any hours worked for
which payment would result in a total exceeding the maximum amount of compensation set forth
herein shall be at no cost to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master
Agreement.
C. 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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY
has set aside the sum of ZERO DOLLARS ($0) for the payment of Additional Services. The CITY shall
not authorize and CONSULT ANT shall not perform any Additional Services that result in charges in
excess of the above amount.
CONSULT ANT 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 in EXHIBIT C of the Master Agreement. The rates shown in the EXHIBIT C sall stay in effect
during the full term of the contract.
City of Cupertino
David J. Powers
END OF ATTACHMENT
Service Order #4-Attachment A
Page 7of 7
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 3
Maximum Compensation: $ 19,689 Account No.: 420-99-020-900-905-MRW 001-02-01
Approval by:
Consultant:
Term: NTP: Feb. 22, 2016 END DATE: May 31, 2016
City Manager 0 Director ~ Date:
City Council 0 Item Number: Date:
David J. Powers & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Phone: 408-248-3500
Contact: Judy Shanley, President/Principal
Project Description:
Project Name: CEQA Environmental Review for the 2016-2017 Capital Improvement Program
0Description: (simple project description if appropriate)
~Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works
City of Cupertino
Master Agreement
Project Manager: Alex Acenas
Page 1of2 Service Order No. 2
Fiscal/Budget
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhII Envrio.
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.# 3 -Acct. # 420-99-020-900-905-MRW 001-02-01 CEQA Environmental Review for the
I 2016-2017 Capital Improvement Program
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Contract Manager: fll<..er~ ~ ~ _D_a_te_: __ s--'-/_1,_/_!_"' ____ _
APPROVALS
Consultant: J-. ) \Ill• S{t.rµ... t--, Date: 2 / 2.. 41} J (.,
_D_ir_e_c_to_r_o_f_P_ub_l_ic_W_o_rk_s_:___,7,..~66---f~..Ef--J--71~4._..=-""""'"-=:....-Date: ~/~ZCJ/{p
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance:
City of Cupertino
Master Agreement
Date:
Page 2 of 2
Amount
$150,000
$14,819
$13,313
$28,132
$121,868
$19,689
$47,821
$102,179
Service Order No. 2
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 3
ENVIRONMENTAL CONSUL TANT SERVICES
INTRODUCTION
Service Order #3 under a Master Agreement for Environmental Consultant Services dated July 1, 2015, between
the City of Cupertino ("CITY") and David J. Powers & Associates, Inc. ("CONSULTANT"), a California
Corporation.
Attachment "A", to Service Order No. 3 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation to prepare CEQA environmental documentation for the FY2016-17
Capital Improvement Program.
ITEMA:
ITEMB:
ITEMC:
ITEMD:
ITEM A:
DESCRIPTION OF PROJECT
SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
SCHEDULE OF PERFORMANCE
COMPENSATION
PROJECT DESCRIPTION
A-1 DESCRIPTION
Prepare an Initial Study (IS) to support a Mitigated Negative Declaration (MND) to evaluate the potential
cumulative impacts of first-year funded projects for the CIP five-year program of expenditures for FY
2016-2017 to 2020-2021.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions regarding the
administration of this Service Order:
CONSULTANT:
David J. Powers & Associates, Inc.
Judy Shanley, President/Principal
1871 The Alameda, Suite 200
San Jose, CA 95126
408-454-3431
jshanlex@davidj12owers.com
City of Cupertino
David J. Powers & Associates
CITY:
Department of Public Works
Alex Acenas, Public Works Project Manager
10300 Torre Ave.
Cupertino, CA 95014
408-777-3232
alexa@cupertino.org
Service Order #3-Attachment A
Page lof 5
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 3
ITEMB: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Preparation and Circulation of Initial Study/Mitigated Negative Declaration
CONSUL TANT will prepare an IS, consistent with the requirements of the California Environmental Quality
Act and the City of Cupertino. An overview of the CIP program, existing setting, and proposed first-year
funded projects will be provided. The environmental review of the CIP will focus on the first-year funded
projects proposed for the five-year program of expenditures for FY 2016-2017 to 2020-2021 since the City will
adopt first-year funding with the adoption of the budget for the current fiscal year.
1.1 Project Description. Based on the information provided to CONSULTANT by the City of Cupertino, the
IS will include an overview of the CIP program and proposed budget as well as a detailed description of the
proposed first-year funded projects.
1.2 Categorical and Statutorily Exempt Projects. The IS will include a formal evaluation of first-year funded
projects to determine if any are considered statutorily (Section 1560-1528) or categorically (Section 15300 to
15332) exempt under CEQA.
The IS will include a matrix of first-year funded CIP projects that identifies whicl1 projects are individually
exempt under CEQA, state the specific Section for exemption, and provide discussion as to why the
exemption is applicable to the specific project. The matrix will also clearly identify which projects are not
exempt and why individual environment review of those given projects is necessary. The IS will identify
potential significant environmental impacts associated with first-year projects that are deemed to require
individual environmental review when detailed plans are available. The IS will identify possible mitigation
measures, additional technical studies, and regulatory permits, that may be necessary for those individual
projects. Preparation of these necessary individual IS are outside the scope of this SO and shall be covered
under a separate SO at the time detailed plans are available.
The IS will be based on existing, available information and this scope does not include the preparation of any
technical studies or the procurement of any permits that may be identified as necessary for any individual
project.
1.3 Consistency with City General Plan and Polices. The IS will evaluate each first-year project for
consistency with the Cupertino Community Vision 2040 General Plan, Zoning Ordinance, Municipal Code,
and other applicable plans and policies. The IS will include a matrix that identifies which General Plan
policies are applicable to each project and pro"'.ide a discussion as to how the project is determined consistent
with those policies. As required by CEQA and the CEQA Guidelines, particular attention will be given to
inconsistencies, if any are identified.
1.4 Environmental Analysis, CEQA Checklist, Impacts & Mitigation. The IS will evaluate the potential
cumulative environmental impacts of the CIP program, commensurate with the level of detail available for
the individual projects. Cumulative impacts refers to two or more individual effects, which, when considered
together, are considerable or which compound or increase other environmental impacts. The IS will evaluate
City of Cupertino
David J. Powers & Associates
Service Order #3-Attachment A
Page 2of 5
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 3
the cumulative environmental impacts of the CIP program with the addition of first-year projects for FY 2016-
2017 to 2020-2021. The IS will include a checklist based on the form recommended by the state CEQA
guidelines. The IS will be divided into subsections for each subject area, such as land use, cultural resources,
hazardous materials, and noise. The subsections will be formatted to include a description of the existing
environmental setting followed by relevant CEQA checklist section with an evaluation and discussion of
potential cumulative impacts for each checklist question. The sources of information for evaluating impacts
will be identified and the IS will provide a narrative to support each impact conclusion. Mitigation measures
to avoid or reduce impacts to a less than significant level will be identified, as necessary.
1.5 Revisions to Initial Study. CONSULTANT will provide up to ten (10) printed copies and an electronic
version of the Initial Study in Administrative Draft form to City Staff for review and comment. Revisions will
be made to the IS, based on comments received, and an additional ten (10) printed copies of either the 2nd
Administrative Draft or Screencheck can also be provided to the City, upon request.
CONSULTANT will also provide a Draft Mitigated Negative Declaration (MND) to the City to be attached to
the Initial Study. A PDF of these documents will be provided for posting on the City's website.
CONSULTANT will also prepare a draft "Notice of Intent to Adopt a Mitigated Negative Declaration" (NOI),
as described in the CEQA Guidelines Section 15072, for the City's use. After the IS/MND and NOI are
completed, up to fifteen (15) printed copies of these documents will be provided to the City for local
distribution and circulation. This scope excludes CONSULTANT filing at the County Clerk or paying of any
fees.
1.6 Preparation of Mitigation Monitoring or Reporting Program. In accordance with the CEQA guidelines
and the City of Cupertino requirements, CONSULTANT will prepare a Mitigation Monitoring or Reporting
Program, based on the findings of the IS/MND for use by the City of Cupertino.
TASK 2.0 Project Activities Following Document Circulation
2.1 Public Comments. CONSULTANT will respond to substantive comments received on the Draft IS during
the public review period, and will make any necessary changes to the Initial Study in the form of an
Amendment, based upon the comments received. This scope of work includes four (4) Project Manager hours
to respond to written comments received from the public and/or various governmental agencies as a result of
circulation of the Initial Study. This scope assumes that no new technical analysis will be required to respond
to the comments received.
2.2 Meetings and Hearings. This scope of work includes CONSUL TANT attendance at up to two
meetings/hearings with the project team and/or City Staff. If an additional meeting or hearing attendance is
needed, it can be added, upon approval, on a time and material basis. CONSUL TANT will coordinate with
City Staff on a regular basis using email and telephone communications.
ITEM C: SCHEDULE OF PERFORMANCE
CONSULTANT proposes the following optimum schedule for preparation of the IS for the 2016-2017 CIP
Program. Completion of the IS, as described in this schedule below, is based upon receipt of all necessary
project information on schedule.
City of Cupertino
David J. Powers & Associates
Service Order #3-Attachment A
Page 3of 5
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 3
The below schedule assumes that the project description will not change once CONSULTANT receives a
notice to proceed, and that no comments are received during the circulation of the IS that require additional
technical studies.
TASK COMPLETED END OF
WEEK
Receive authorization to proceed and all pertinent project --information from City.
CONSULTANT drafts project description for review by the City 2
CONSULTANT receives City comments on project description 2.5
CONSULTANT completes Administrative Draft IS 5
CITY review of Administrative Draft IS 6
CONSULTANT revises IS per comments received 7
CITY review of revised IS 8
CONSULTANT revises IS per comments received, and prepares 9 MND, NOI, NOC, and documents for printing
Circulation of revised IS/Draft MND (20 days) complete 12
CONSULTANT prepares responses to comments 13
Environmental Review Committee meeting May 5, 2016
Parks and Recreation Committee meeting MayS, 2016
Planning Commission meeting May 11,2016
City Council Study Session May 17, 2016
City Council hearing I Budget Adoption June 7, 2016
ITEM D: COMPENSATION
D-1 BASE COMPENSATION
The maximum compensation for this Service Order, including both payment for professional ,services, additional
services and reimbursable expenses, shall not exceed NINETEEN THOUSAND SIX HUNDRED EIGHTY-NINE
DOLLARS ($ 19,689). CONSUL TANT agrees that it shall perform all of the services set forth in this Attachment
A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses, for
the amount of NINETEEN THOUSAND SIX HUNDRED EIGHTY-NINE DOLLARS($ 19,689). The maximum
amount of Additional Services are authorized under Service Order of this Attachment A is ZERO DOLLARS ($0).
Any hours worked for which payment would result in a total exceeding the maximum amount of compensation
set forth herein shall be at no cost to CITY.
D-2 REIMBURSABLE EXPENSES
None for required tasks. ·May apply to additional services as spelled out in Exhibit C of the Master Agreement.
City of Cupertino
David J. Powers & Associates
Service Order #3-Attachment A
Page 4 of 5
0-3 ADDITIONAL SERVICES
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 3
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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY has set aside the sum of
ZERO DOLLARS ($0) 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 CONSUL.TANT hourly rate schedule in EXHIBIT C of the Master
Agreement. The rates shown in the EXHIBIT C shall stay in effect during the full term of the contract.
City of Cupertino
David J. Powers & Associates
END OF ATTACHMENT
Service Order #3-Attachment A
Page 5 of 5
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 2
Maximum Compensation: $13,313.00 Account No.: 420-99-020-900-905-MRW 001-02-01
Term: NTP: September 22, 2015 END DATE: January 31, 2016
Approval by: City Manager D Director ~ Date:
City Council D Item Number: Date:
Consultant: David J. Powes & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Contact: Jodi Starbird Phone: 408-248-3500
Project Description:
Project Name: McClellan Ranch West Simms House Removal
CEQA
0Description: (simple project description if appropriate)
~Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works
City of Cupertino
Master Agreement
Project Manager: Alex Acenas
Page 1 of2 Service Order No. 2
CITY OF CUPERTINO
MASTER AGREEMENT CONSUL TANT SERVICES
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
S.0.# 1 -Acct.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhII Envrio.
Total Previously Encumbered to Date:
Current Unencumbered amount in MA:
ENCUMBERANCE:
S.0.# 2 -Acct.# 420-99-020-900-905-MRW 001-02-01 Simms House Removal
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Contract Manager:" Date:
APPROVALS
c;J{/_:_.~
Consultant: ~-Date:
Director of Public Works' f.ft / .,,,-==-. Date:
I I
Amount
$150,000
$14,819
$14,819
$135,181
$13,313 '2fL
$28,132
$121,868
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance:
City of Cupertino
Master Agreement Page2 of2
Date:
Service Order No. 2
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 2
ENVIRONMENTAL CONSULTANT SERVICES
INTRODUCTION
Service Order #2 under a Master Agreement for Environmental Consultant Services dated 2015, between
the City of Cupertino ("CITY") and David J. Powers & Associates, Inc. ("CONSULTANT"), a California
Corporation.
Attachment "A", to Service Order No. 2 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation to prepare CEQA environmental documentation and perform pre-
construction surveys for the Simms House Removal Project.
ITEM A:
ITEMB
ITEMC:
ITEMD
ITEME:
ITEM A:
DESCRIPTION OF PROJECT
SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
DELIVERABLES
SCHEDULE OF PERFORMANCE
COMPENSATION
PROJECT DESCRIPTION
A-1 DESCRIPTION
Prepare a Historic Resource Evaluation Report (DPR 523 A & B), perform pre-construction surveys and
prepare a Notice of Exemption per the requirements of the CITY' s and CEQA in connection with the
planned demolition of the Simms House located at 22241 McClellan Rd.
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions regarding the
administration of this Service Order:
CONSULTANT:
David J. Powers & Associates, Inc.
Jodi Starbird, Principal Project Manager
1871 The Alameda, Suite 200
San Jose, CA 95126
408-248-3500
jstarbird@davidjpowers.com
City of Cupertino
David J. Powers
CITY:
Department of Public Works
Alex Acenas, Public Works Project Manager
10300 Torre Ave.
Cupertino, CA 95014
408-777-3232
alexa@cupertino.org
Service Order #1-Attachment A
Page lof 4
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 2
ITEMB: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Preparation of Historic Resource Evaluation Report (DPR 523 A & B)
Given that the house on the property that would be demolished is greater than 45 years of age, a historical
resource evaluation report (DPR 523 A & B) will be prepared by historic preservation and urban revitalization
consultant Bonnie Bamburg under contract to CONSULTANT. The analysis will evaluate the historical and
architectural significance of the structure using criteria established by the California Register of Historic
Places, County of Santa Clara, and CITY. The report, which will be in the DPR 523 format, will document the
historical context, significance of the architect and occupants, and cultural and/or civic associations of the
structure and property.
It is anticipated that the historical evaluation will be supportive of a CEQA NOE; however, should impacts be
determined to be potentially significant (i.e., local, State and Federal standards), CONSULTANT will alert
CITY to discuss next steps. For this reason, CONSULTANT believes that a CEQA NOE is the appropriate
document at this time; however, if it is determined that an Initial Study/Mitigated Negative Declaration is
more appropriate for the project, a scope of work for'that effort can be prepared.
TASK 2.0 Completion of Pre-Construction Surveys
The project site is adjacent to Stevens Creek on the western side of the McClellan Ranch Preserve. The
existing habitat is suitable for native species including the California red-legged frog, western pond turtle,
and dusky-footed woodrat. For this reason, two pre-construction surveys of the site will be conducted by
CONSULTANT. The first will be completed immediately after authorization to proceed is received to
determine existing biological site conditions.
The second will be conducted two (2) days prior to the demolition of the house. This pre-construction survey
will be conducted to determine the presence of such species on or near the property according to mitigation
measures included in the McClellan Ranch Preserve Initial Study and conditions of the California
Department of Fish and Wildlife (CDFW) 1600 Permit for that project. Brief summary reports will be
prepared to document conditions on the site at the time the surveys were completed. In the event that one of
the above species is discovered, CDFW will be contacted on how to proceed.
TASK 3.0 Preparation of the Categorical Exemption
CONSULTANT will prepare an NOE according to the requirements of CITY and CEQA. The NOE will
include a description of the project and the reasons why CITY believes the project is exempt from CEQA.
CONSUL TANT will submit the draft NOE to CITY for review and comment. The document will then be
revised and filed at the County Clerk's office after project approval. The $50 County filing fee is included in
the fee below.
TASK 4.0 Meetings
This scope of work includes CONSULTANT' s Principal or Project Manager attendance at one project meeting
or public hearings. CONSULTANT will be prepared to provide information regarding the environmental
analysis and process at all meetings.
City of Cupertino
David J. Powers
Service Order #I-Attachment A
Page 2 of 4
ITEM C DELIVERABLES
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 2
The CONSULTANT shall deliver the following Items to the CITY under this SO:
TASK 1.0 Preparation of Historic Resource Evaluation Report (DPR 523 A & B)
One hard copy wet stamped and/or signed and electronic pelf copy.
TASK 2.0 Completion of Pre-Construction Surveys
One hard copy and electronic pdf copy.
TASK 3.0 Preparation of the Categorical Exemption
One hard copy wet stamped and/or signed and electronic pdf copy.
ITEMD SCHEDULE OF PERFORMANCE
An optimum schedule for completion of the NOE is outlined below. CONSULTANT can commit to maintaining
the schedule in the areas that are within our control. Completion of the NOE, as described in the schedule below,
is based upon receipt of all necessary project information on schedule. The schedule below also assumes that the
project description is not changed once a notice to proceed is received. Slippage in the schedule may occur as a
result of unanticipated delays beyond CONSULTANT' s c;ontrol, including failure to receive project-related
information in a timely manner, delays in administrative review, continuances of public hearings, or similar
events.
The schedule below assumes that the project will be approved by the City Council in advance of filing the NOE.
One month has been included in the schedule for a Council hearing; however, additional time may be needed
depending on the hearing schedule. It should also be noted that review and revision times below can be
expedited if comments are minimal.
TASK
Receive authorization to proceed and all pertinent project
information from City.
Completion of Historical Evaluation
CONSULTANT completes and submits Administrative Draft
NOE
City-review of Administrative Draft NOE
CONSULTANT revises document per comments received
Public Hearing for project approval (one month)
CONSULTANT files NOE with the County Clerk
Total
City of Cupertino
David J. Powers
COMPLETED END OF
WEEK
--
4
5
6
6.5
10.5
11
11 Weeks
Service Order #1-Attachment A
Page3of4
ITEME COMPENSATION
A. Base Compensation
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 2
The maximum compensation for this Service Order, including both payment for professional services, additional
services and reimbursable expenses, shall not exceed THIRTEEN THOUSAND THREE HUNDRED THIRTEEN
DOLLARS ($13,313). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment
A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses, for
the amount of THIRTEEN THOUSAND THREE HUNDRED THIRTEEN DOLLARS ($ 13,313). The maximum
amount of Additional Services are authorized under Service Order of this Attachment A is ZERO DOLLARS ($0).
Any hours worked for which payment would result in a total exceeding the maximum amount of compensation
set forth herein shall be at no cost to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master Agreement.
C. 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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY has set aside the sum of
ZERO THOUSAND DOLLARS ($0) 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 CONSULTANT hourly rate schedule in EXHIBIT C of the Master
Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract.
City of Cupertino
David J. Powers
END OF ATTACHMENT
Service Order #I-Attachment A
Page 4of4
CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER
MASTER AGREEMENT PO#: 2016-172 Service Order No.: 1
Maximum Compensation: $14,819.00 Account No.: 280-99-900-905-P LM 001-01-01
Term: NTP: September 10, 2015 END DA TE: December 31, 2015
Approval by: City Manager D Director Ej Date:
City Council D Item Number: Date:
Consultant: David J. Powes & Associates, Inc.
Address: 1871 The Alameda, Suite 200, San Jose, CA 95126
Contact: Jodi Starbird Phone: 408-248-3500
Project Description:
Project Name: Lawl'.en~e-Mitty Park-Phase I Environmental Site Assessment(ESA) and Preliminary
Phase II Soil Quality Evaluation
0Description: (simple project description if appropriate)
IKJAttachment A: Includes Description of Project, Scope of Service, Schedule of Performance and
Compensation
City Project Management
Managing Department: Public Works
City of Cupertino
Master Agreement
Project Manager: Carmen Lynaugh
Page 1of2 Service Order No. 1
CITY OF CUPERTINO
MASTER AGREEMENT CONSULT ANT SERVICES
SERVICE ORDER
Fiscal/Budget
Master Agreement Maximum Compensation:
Previously Encumbered on MA:
none to date
Current Unencumbered amount in MA:
ENCUMBERANCE:
Total Previously Encumbered to Date:
S.0.# 1 -Acc.# 280-99-009-900-905-P LM 001-01-01-Lawrence Mitty-Ph.I & PhII Envrio.
Total Encumbered to Date including this S.O.:
Master Agreement Balance:
Coniract Manager: ~ 4.+ Date:
APPROVALS
Consultant;;!?~ Date:
Director of Public Wor~ Date: 1 fr s-l< <:;;:
Appropriation Certification: I hereby certify that an unexpended appropriation is available
in the above fund for the above contract as estimated and that fund are available as of this
date of signature.
City Finance:
Amount
$150,000
$0
$0
$150,000
$14,819
$14,819
$135,181
City of Cupertino
Master Agreement Page 2 of 2 Service Order No. 1
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 1
ENVRIONMENTAL CONSULTANT SERVICES
INTRODUCTION
Service Order #1 under a Master Agreement for Environmental Consultant Services dated July 1, 2015, between
the City of Cupertino ("CITY") and David J. Powers & Associates, Inc. ("CONSULTANT"), a California
Corporation.
Attachment" A", to Service Order No. 1 (SO), defines the CONSULTANT scope of services, schedule of
performance, deliverables, and compensation for Phase I Environmental Site Assessment (ESA) and a Preliminary
Phase II Soil Quality Evaluation for the Lawrence Mitty Park Project
ITEMA:
ITEMB
ITEMC:
ITEMD
ITEME:
ITEM A:
DESCRIPTION OF PROJECT
SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
DELIVERABLES
SCHEDULE OF PERFORMANCE
COMPENSATION
PROJECT DESCRIPTION
A-1 DESCRIPTION
Provide a Phase I Environmental Site Assessment (ESA) and a Preliminary Phase II Soil Quality
Evaluation for the Lawrence Mitty Park site that the City is considering purchasing and developing into a
public park The Site is approximately 7-acres located on the west side of Lawrence Expressway, east of
Sterling Boulevard, generally between Runo and Starrett Courts in the northeastern portion of the City.
Saratoga Creek runs along the western edge of the site and as shown on Exhibit 'A' APN map.
The City currently has an agreement with the County to landscape and maintain the southern portion of
the property. The northern portion of the site was used by the County for the storage of construction
materials, such as old asphalt concrete and other roadway materials
A-2 PROJECT COORDINATION
The following individuals are the primary contacts for all questions and actions regarding the
administration of this Service Order:
CONSULTANT: David J. Powers & Associates,
Inc.
Jodi Starbird
1871 The Alameda, Suite 200
San Jose, CA 95126
City of Cupertino
David J. Powers
CITY: The Department of Public Works,
Carmen Lynaugh, Public Works Project Manager
10300 Torre Ave.
Cupertino, CA 95014
Service Order #1-Attachment A
Page 1of5
408-248-3500
jstarbird@davidjpowers.com
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER # 1
408-777-3215
carmenl@cupertino.org
ITEMB: SCOPE OF BASIC SERVICES AND RESPONSIBILITIES
The CONSULTANT shall perform the following specific services:
TASK 1.0 Phase I ESA
The purpose of a Phase I ESA is to identify to the extent feasible, Recognized Environmental Conditions, and
Controlled and Historical Recognized Environmental Conditions at the property in accordance with ASTM
Designation E1527-13. Local agency files will be reviewed to obtain commonly known and reasonably
ascertainable information on hazardous materials usage and to assist in evaluating the possible releases of
such materials at the site. Regulatory Agency databases will be reviewed to identify nearby facilities that
appear likely to have significantly impacted the site based on inferretl groundwater flow direction and
proximity.
The history of previous uses of the site and adjacent area will be developed based on aerial photographs,
topographic maps, city directories, and Sanborn fire insurance maps. A brief summary of anticipated site
hydrogeology, including depth to groundwater and flow direction will be prepared.
A site and vjcinity visit will be conducted by Cornerstone to observe existing conditions and note readily
observable indications of past or present activities that may have or could cause significant site
contamination. Cornerstone staff will observe readily accessible areas that are safe to observe and do not
require moving materials or structures.
Cornerstone will make a reasonable attempt to contact the appropriate County representative, as identified
by the City, who is likely to have material knowledge regarding the potential for contamination at the
property. Their ability to interview such persons is dependent on their availability, their willingness to
discuss the site, and the time constraints of the project schedule.
Cornerstone will prepare a Phase I ESA that includes the results of the study, conclusions, recommendations
regarding future treatment of the site, and significant data gaps, if necessary. All maps, tables, and graphics
will be prepared. The ESA is a limited inquiry into the environmental condition of the site. It is based on
readily available information at the time the assessment is prepared and is not sufficient to document every
potential source of liability, if any, at the site. It will be valid for 180 days after preparation, according to the
requirements of ASTM El527-13.
TASK 2.0 Preliminary Phase II Evaluation
Because the site has the potential for past pesticide use, aerially-deposited lead, and undocumented fill,
Cornerstone will collect ten (10) surface soil samples for laboratory analyses to evaluate whether
contaminants of concern have significantly impacted the site. The samples will be randomly collected to a
depth of approximately 1h foot using hand-sampling equipment using standard protocol. The samples will
City of Cupertino
David J. Powers
Service Order #!-Attachment A
Page2of 5
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 1
be analyzed at a state-certified laboratory for organochlorine pesticides and pesticide-related metals (arsenic,
lead, and mercury).
Cornerstone will also collect 12 samples from materials either stockpiled on the site or within the berms along
Saratoga Creek. The samples of any stockpiled materials will be collected by pushing a stainless steel tube
that is 1h-foot long and 1.5 inches in diameter, at depths of between 1h-to four feet. Depths of sampling
within the berms would be approximately 1h-to two feet. The samples will be screened for pesticides and
metals, petroleum hydrocarbons, polychlorinated biphenyls (PCBs), and volatile organic compounds (VOCs).
The laboratory analytical results will be incorporated into the Phase I ESA. Sampling locations will be
identified on a site plan. All detected contaminants of potential concern will be compared to appropriate
screening levels of US EPA, DTSC, and the San Francisco Bay Regional Water Quality Control Board. All
sampling holes will be backfilled with the surrounding soil.
DJP&A will coordinate with the City, County, and Cornerstone as necessary to complete the Phase I ESA and
Preliminary Phase II. DJP&A will review the documents prepared and provide comments to Cornerstone.
DJP&A will also assist in the coordination of communication regarding the site, as necessary. This task will
be scheduled when the County allows access to the site.
ITEM C DELIVERABLES
The CONSULTANT shall deliver the following Items to the CITY under this SO:
TASK 1.0 Phase I ESA
Consults shall deliver one original bound copy wet stamped and one electronic pdf copy.
TASK 2.0 Preliminary Phase II Evaluation
Consults shall deliver one original bound copy wet stamped and one electronic pdf copy
City of Cupertino
David J. Powers
Service Order #1-Attachment A
Page 3 of 5
ITEM D
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 1
SCHEDULE OF PERFORMANCE
An optimum schedule for completion of the Phase I/Preliminary Phase II is outlined below. DJP&A can commit
to maintaining the schedule in the areas that are within our control. Completion of the document as described in
the schedule below, is based upon receipt of all necessary project information on schedule. The schedule below
also assumes that the project description is not changed once we receive a notice to proceed. A corresponding
slip in the schedule will occur as a result of unanticipated delays beyond our control, including failure to receive
project-related information in a timely manner, delays in administrative review, additional required testing, or
similar events.
TASK
Receive authorization to proceed and all pertinent project
information from City.
Completion of Project Questionnaire by City
Phase I/Phase II is prepared by Cornerstone (with DJP&A review)
and submitted to City
City review of Administrative Draft Phase I/Phase II
DJP&A revises document per comments received
Total
City of Cupertino
David J. Powers
COMPLETED END OF
WEEK
--
1
5.5
7
7.5
7.5 Weeks
Service Order#l-Attachment A
Page 4 of 5
ITEME COMPENSATION
A. Base Compensation
CITY OF CUPERTINO
ATTACHMENT A
SERVICE ORDER# 1
The maximum compensation for this Service Order, including both payment for professional services, additional
services and reimbursable expenses, shall not exceed FOURTEEN THOUSAND EIGHT HUNDRED NINTEEN
DOLLARS ($14,819). CONSULTANT agrees that it shall perform all of the services set forth in this Attachment
A of this Service Order, except for any additional services required, and inclusive of reimbursable expenses, for
the amount of FOURTEEN THOUSAND EIGHT HUNDRED NINTEEN DOLLARS($ 14,819). The maximum
amount of Additional Services are authorized under Service Order of this Attachment A is ZERO DOLLARS ($0).
Any hours worked for which payment would result in a total exceeding the maximum amount of compensation
set forth herein shall be at no cost to CITY.
B. Reimbursable Expenses
None for required tasks. May apply to additional services as spelled out in Exhibit C of the Master Agreement.
C. 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 forthin Exhibit C of the Master Agreement, as authorized by the CITY. The CITY has set aside the sum of
ZERO THOUSAND DOLLARS ($0) 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 CONSULTANT hourly rate schedule in EXHIBIT C of the Master
Agreement. The rates shown in the EXHIBIT C sall stay in effect during the full term of the contract.
City of Cupertino
David J. Powers
END OF ATTACHMENT
Service Order #1-Attachment A
Page 5 of 5
0- D-d 6 ._ 17
MASTER AGREEMENT BETWEEN THE CITY OF CUPERTINO AND DAVID J.
POWERS &ASSOCIATES,INC. FOR ENVRIONMENTAL CONSULTANT
SERVICES
THIS MASTER AGREEMENT, for reference dated July 1, 2015, is by and between CITY OF
CUPERTINO, a municipal corporation(hereinafter referred to as"City"),and,
DAVID J. POWERS &ASSOCIATES, INC., a California corporation whose address is
1871 The Alameda, Suite,200, San Jose, Ca 95126; phone no.: 408-248-3500 (hereinafter
referred to as "Consultant"), and is made with reference to the following:
RECITALS:
A. City is a municipal corporation duly organized and validly existing under the
laws of the State of California with the power to carry on its business as it is now being
conducted under the Constitution and the statutes of the State of California and the Cupertino
Municipal Code.
B.Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement;and
C. Consultant possesses the skill, experience, ability, background, certification and
knowledge to provide the services described in this Agreement on the.terms and conditions
described herein.
D. City and Consultant desire. to enter into an agreement for Environmental
Consultant Services 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 the date this agreement and shall
terminate on June 30,2017 unless terminated earlier as set forth herein.
2. SCOPE OF SERVICES
Consultant shall provide services under this Master Agreement on an "as needed"basis
and as set forth in, Exhibit A, Scope of Services, and as specifically defined in a fully executed
Service Order as set forth in Exhibit B, Service Order Process;both Exhibits which are attached
hereto and incorporated herein by this reference. The City has.sole discretion to authorize any
Service Order and has no obligation to do so under this Master Agreement.
City of Cupertino Consultant Master Agreement
Environmental Consultant Services—
David J.Powers Page 1 of 12
r
3.SCHEDULE OF PERFORMANCE:
All Consultant services under this Master Agreement shall be completed'on or before
the end of the Master Agreement Term.-Each authorized Service Order shall include its own
defined Schedule.of Performance. In no case shall any Service Order's schedule of performance
extend beyond the Master Agreement Term.
4. CONSULTANT COMPENSATION:
The -maximum compensation to be paid to Consultant under this Master Agreement.
shall not exceed One Hundred Fifty-Thousand Dollars ($150,000.00). The rate of payment is set
out in Exhibit C, titled "Compensation", which is attached hereto and incorporated herein. No
payment shall be made under this :agreement unless authorized by a fully executed Service.
Order, Exhibit B. The sum of all Service Orders authorized shall not exceed the maximum
compensation for this Master Agreement as defined above.
5. METHOD OF PAYMENT:
The method of payment for services performed under this agreement 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 authorized Service Order, clearly stating; the total Contract amount,
amount paid to date,the work performed and percent complete, and amount due.
All requests for payment from Consultant to City shall be addressed to the City to:
Attention:Katy Jensen
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
6. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the performance of this'
Agreement.
7.STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner commensurate
with the practice of a professional that specializes in performing professional services of a like
City of Cupertino Consultant Master Agreement
Environmental Consultant Services-
David J.Powers Page 2 of 12
i
nature and complexity, and agrees that all services shall_ be performed by similarly- qualified
and experienced personnel who are not employed by the .City nor have any contractual
relationship with City.
8. INDEPENDENT PARTIES:
City and Consultant intend that the .relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of conducting
the work are 'Under the control of Consultant, except to the extent they are limited by statute,
rule or regulation and the express terms of this Agreement. No civil service status or other right
of employment will be acquired by virtue of Consultant's services. None of the benefits
provided by City to its employees, including but not limited to, unemployment insurance,
workers' compensation plans, vacation and sick leave are available from City to Consultant, its
employees or agents. Deductions shall not be.made for any state or federal taxes, FICA
payments, PERS payments, or other purposes normally associated with an employer-employee
relationship from any fees due Consultant. Payments.of the above items, if required, are the
responsibility of Consultant.
9. 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.
10. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are unacceptable
employer/employee conduct, Consultant agrees that harassment or discrimination directed
toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or
subcontractor-on the basis of race, religious creed, color, national origin, ancestry, handicap,
disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a-material breach
of this.Agreement.
11. PROTECT COORDINATION
CITY: The Director of Public Works, or designated agent, shall.be representative of City
for all purposes under this Agreement. Katy Jensen is hereby designated as the Director of
Public Works'-agent and shall supervise the progress and execution of this Agreement.
City of Cupertino Consultant Master Agreement
Environmental Consultant Services-
David J.Powers Page 3 of 12
CONSULTANT: Consultant shall assign a single Consultant Project Executive to have
overall responsibility for the progress and execution of this Agreement for the Consultant: If,
subsequent to the execution of the Agreement, circumstances or conditions require.4 substitute
Consultant Project Executive for any reason, the proposed replacement Consultant Project .
Manager shall be subject to the prior written acceptance and approval'of the City Director of
Public Works or the above named designated agent. The designated Consultant Project
Executive for the Agreement term shall be.Jodi Starbird.
12. HOLD HARMLESS:
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 volunteers from and against any and all liability.,
claims, actions, causes of action or demands whatsoever against any of them,
including.any injury to or-death of any person or damage to property or other
liability of any nature, that arise'out of, pertain to, or relate to the negligence,
recklessness, or willful misconduct of Consultant or Consultant's employees,
officers, officials, agents or independent contractors. Such costs and expenses
shall include reasonable attorneys' fees of counsel of City's choice, expert fees
and all other costs and fees of litigation. Consultant shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused by the, .
sole 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
City of Cupertino Consultant Master Agreement
Environmental Consultant Services-
David J.Powers Page 4 of 12
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.
13. 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." It is agreed that Consultant shall
maintain in force at all times during the performance of this Agreement all appropriate
coverage of insurance required by this Agreement with an insurance company that is acceptable
to City and licensed to do insurance business in the State of California. Endorsements naming
the City as additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
1) Workers' Compensation:
Statutory coverage as required by the State of California.
2) Liabili
Commercial general liability coverage in the following minimum 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
or
Combined Single Limit: $500,000 each occurrence
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4) Professional Liability:
Professional liability insurance which includes coverage for the
professional acts, errors and omissions of Consultant in the amount
of at least.$1,000,-000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for which he/she has
agreed to provide comprehensive general and automotive liability insurance, Consultant shall
look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any
insurer providing comprehensive general and automotive liability insurance to either
Consultant or City with respect to the services of Consultant herein, a waiver of any right to
subrogation 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:
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.
14. 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
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Environmental Consultant Services
David J.Powers Page 6 of 12
form or Statement of Economic Interest (Form 700) 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, et seq. of the California Code of
Regulations.
15. 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.
16. SUBCONSULTANT APPROVAL:
Unless prior written consent from City is obtained, only those people and
subconsultants whose names are included in this Agreement shall be used in the performance
of this Agreement. In the event that Consultant employs subconsultants, such subconsultants .
shall be required to furnish proof of workers' compensation insurance and shall also be required
to carry, at a minimum, general, automobile and professional liability insurance equal to the
insurance maintained by the Consultant as required by this agreement. In addition, any work
or services subcontracted hereunder shall be subject to each provision of this Agreement.
17. 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.
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18. REPORTS:
A. Each and every report, draft, work product, map, record and other document,
hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared
by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property
of City. Consultant shall not copyright any Report required by this Agreement and shall
execute appropriate documents to assign to City the copyright to Reports created pursuant to
this Agreement. Any Report, information and data acquired or required by this Agreement
shall become the property of City, and all publication rights-are reserved to City. Consultant
may retain a copy of any report furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may- be used by City in execution or
implementation of:
1) The original Project for which Consultant was hired;
2) Completion of the original Project by others;
3) Subsequent additions to the original project;and/or
4) Other City projects as appropriate.
C. Consultant shall, at such time and in such form as City may require, furnish
reports concerning the status of services required under this Agreement.
D.. All reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one original,
which shall be single sided.
E. No report, information. or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall constitute the
Project deliverables. Documents shall be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications to the documents.
19. 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 during normal business hours, and gives City the right to examine and,audit same,
and to make transcripts there from as necessary, and to allow inspection
I
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.
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Environmental Consultant Services.—
David J.Powers Page 8 of 12
f
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.
20. 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@cupertino.org
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
21. 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. The City shall notify the Consultant of such default,in writing,
specifying the nature of such default and the steps necessary to cure such default, If, after
receipt by Consultant, such default is not cured within the time specified, 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
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Environmental Consultant Services—
David J.Powers Page 9 of 12
J
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.
22. COMPLIANCES:
Consultant shall comply with all state or.federal-laws and all ordinances, rules and
regulations enacted or issued by City.
23. 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.
24.. 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.
25. 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.
l
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.
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Environmental Consultant Services-
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26. 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 thisFAgreement.
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. REPRESENTATION OF AUTHORITY:
The person executing this agreement on behalf of the CONSULTANT does hereby represent
and warrant that the CONSULTANT is a sole proprietor in the State of California and has full
right, power, and authority to enter into and carry out all actions contemplated by this
Agreement.
29. CAPTIONS:
The- captions in this Agreement are for convenience only, are -not a part of the
Agreement and in no way affect,limit or amplify the terms or provisions of this Agreement.
IN WITNESS WHEREOF,the parties have caused the Agreement to be executed.
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Environmental Consultant Services—
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CONSULTANT CITY OF CUPERTINO
DAVID J.POWERS& A Municipal Corporation
A SOCI ES,INC.
B By
a Timm Borden,Director of Public Works
ey
l Date
Title " 1C eStQL°.V1
Date -7 1`
APPROVED AS TO FORM:
Tax I.D. No.: oz
Address:C of Korade, City Attorney
1871 The Alameda,Suite 200
San Jose,CA 95126
Zq$ ATTEST:
Phone:408-V4-3500
Grace Schmidt,City Clerk
Contract Amount:$150,000.00
Encumbrances be by Service Order Only
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Environmental Consultant Services.-
David J.Powers Page 12 of 12
EXHIBIT A
SCOPE OF SERVICES
The CONSULTANT shall provide to the CITY's Department of Public Works
environmental consulting services for various CITY projects.
The CONSULTANT'S services shall be provided as requested by the Director on an as-
needed basis, and only upon written request, asset forth in a specific project service
order. CONSULTANT shall provide- general assistance on issues pertaining to City
projects and shall prepare other environmental consultant services for Public Works as
determined by the Director.
SECTION 1. GENERAL PROVISIONS
A. The CONSULTANT shall perform all services to the satisfaction of the CITY'S
Director.
B. All of the services furnished by the CONSULTANT under this AGREEMENT shall
be of the currently prevailing professional standards and quality which prevail
among environmental consultant professionals of similar knowledge and skill
engaged in related work throughout California under the same or similar
circumstances. All documentation prepared by CONSULTANT shall provide for a
completed project that conforms to 'all applicable codes, rules, regulations and
guidelines which are in effect at the time such documentation is prepared.
C. All work performed under this AGREEMENT shall be authorized by a specific Service
Order. Each Service Order given by CITY shall detail the nature of the specific services
to be performed by the CONSULTANT, the time limit within which such services must
be completed and the compensation for such services. Such details shall include a
description of the project for which CONSULTANT shall perform. the services, the
geographic limits of the project, the type and scope of services to be performed, the
format and schedule for deliverables, the schedule of performance, and the schedule of
compensation. CONSULTANT shall not perform any services unless authorized by a
fully executed Service Order. Any unauthorized services performed by CONSULTANT
shall be at no cost to the CITY.
D. CONSULTANT shall manage its SUBCONSULTANTS, and administer the PROJECT.
SUBCONSULTANTS will be identified on each Service Order and provide all required
insurance as specified in this master agreement.
City of Cupertino.Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 1 of 22
E. CONSULTANT shall begin work under the service order only after receipt of the
service order bearing the approval signature of the Director or the Director's designee
and the signature of the City Attorney approving the service order as to form. Each
authorized Service Order issued under this AGREEMENT by CITY shall be incorporated
into the terms and conditions of this AGREEMENT.
F. CITY will assign a Project Manager to facilitate each Service Order authorized
under this AGREEMENT. CONSULTANT shall coordinate with the designated Project
Manager on the performance of each'Service Order.
G. CONSULTANT shall be responsible for the coordination with CITY and federal, state
and local agencies that are necessary for all services authorized under this
AGREEMENT.
SECTION 2. BASIC SERVICES.
A. CONSULTANT shall provide environmental consulting services for various City
projects, as more particularly described in the authorized service order. The
authorized service order may include any of the specific environmental tasks set forth.
below in Section 3. The authorized service order may also include any other
environmental services described and agreed to be performed by the CONSULTANT,
including, but not limited to, the following:
1. Input regarding environmental/land use compatibility issues during the initial
evaluation of potential sites for the various CITY projects; and
2. Preparation of the appropriate project-level analysis and documents for each
improvement as necessary to comply with the CITY's environmental requirements, the
requirements of the California Environmental Quality Act and its implementing
regulations and guidelines, and/or the requirements of the National Environmental
Policy Act and its implementing guidelines.
B. In addition to any specific services (described below in Section 3) that the
CONSULTANT must provide as part of each authorized service order, the
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 2 of 22
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CONSULTANT shall perform any other general environmental services.specified in
the authorized service order. The following shall apply to such general services.
1. .CONSULTANT shall be responsible for providing thorough environmental
consulting services in Compliance. with all applicable. federal, state, and . local.
regulations.All environmental work shall be conducted in conformance with
applicable California state law.
2. CONSULTANT shall meet with the Project Manager at the CITY offices to discuss
the project details. CONSULTANT shall be made aware of the project description,
location, schedule of deliverables, and requirements. CONSULTANT and CITY shall
agree on the terms of the Service Order including.the specific tasks to be performed, the
schedule for deliverables, and compensation.
3. After approval of Service Order and upon receipt of an authorized Service
Order, CONSULTANT shall visit project site to note existing conditions, collect
data, locate utilities, . and familiarize himself -,:with the surrounding area.
CONSULTANT shall make note of any issues that may need to be addressed in
fulfilling the service request.
4. CONSULTANT shall cooperate and communicate with CITY staff, project-design firms,
utility and regulatory agencies, and others who are involved with the CITY project, on
an as-needed basis, to perform a comprehensive service. CONSULTANT shall perform
their work in their offices.
5. CONSULTANT shall perform service in accordance with.the specific requirements and
tasks stated"in Service Order.
6. CONSULTANT shall make allowance for u p t o four, meetings at CITY offices
during ,-the execution of the Service Order to discuss any issues that may need further
evaluation or clarification. These meetings shall be in addition to the initial meeting
at CITY offices to discuss project Service Order and the required on-site visit to the
project location.
City of Cupertino Exhibit A-Scope of Services
Environmental Services.'M A David J Powers&Associates Page 3 of 22
7. Project Record- CONSULTANT, shall develop and .maintain a detailed record
of the chronology of the project,tasks and milestones completed that "are decisive,
conclusive or relevant to the outcome of each Project. CONSULTANT shall submit a
copy of the Project Record to the Project Manager prior to final payment for services
performed on the Project. The Record shall be submitted in both paper and electronic
format.
8. Project Documents - Aside from deliverables specified in the Service Order, and.
before the conclusion of the Project and final payment for services.performed on.the
Project, CONSULTANT shall submit to the Project Manager a copy of all, project
documents that are decisive, conclusive or relevant to the outcome of the Project. ,
Such documents may include, without limitation, electronic files of all drawings and
specifications, reports and studies, calculations, utility applications and permits;
records of meetings, and communication documents. Documents shall be submitted
in both paper and electronic format, as available.
SECTION 3.SPECIFIC ENVIRONMENTAL SERVICES.
A.In addition to any other environmental services contained in the authorized
Service Order, the Service Order may incorporate any of the services set forth below
in this Section 3 by simply identifying the particular Task, in which case the Task is.
considered to have been incorporated 'into the authorized Service Order_. and .
CONSULTANT shall perform the Task as set forth herein.
B. - Tasks: Listed below are the Tasks which may be included in the Service Order..
Task 1 CEQA documentation and clearance
CONSULTANT shall prepare anInitial Study ("IS") and Mitigated Negative
Declaration ("MND") for the Project to the satisfaction of the Director of Public Works..
and the Director of Planning, Building and.Code Enforcement. For purposes of this
task, the CITY is assuming that a mitigated negative declaration is a sufficient and
appropriate level of environmental review. If preparation of the IS leads the
CONSULTANT to conclude that some other level of environmental review is
needed, then CONSULTANT shall stop all work under this Service Order and' .
consult with the CITY on how to proceed.
CONSULTANT shall prepare an Administrative Draft Initial Study/Mitigated
Negative Declaration ("ADIS/MND") ,for the Project, in accordance with California
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 4 of 22
Environmental Quality Act (CEQA) and CITY requirements. The ADIS/MND will
describe in detail the Project, the regulatory setting, the existing environmental
conditions on the Project site, and assess potentially significant impacts associated
with the Project. The impact analysis will apply specific thresholds for determining
the significance of impacts, consistent with CEQA, and other applicable standards.
The analysis will identify all potential environmental impacts of the Project,
including direct, indirect, temporary, and .permanent. ' The CONSULTANT will
identify mitigation measures for the significant impacts.
The ADIS/MND will contain the following required items: 1) Project
Description/Purpose & Need; 2) Environmental Setting, Impacts and Mitigation 3)
Mitigation Monitoring and Reporting Program; 4) List of Preparers; 5) References;
6) Appendices; and 7) appropriate graphics.
CONSULTANT will prepare the ADIS/MND in accordance with CEQA and the
CITY template and requirements.
CITY shall obtain names and addresses of contiguous property owners. within
the required distance from Project site and CITY shall provide appropriate notice of
the Project to such property owners.
CONSULTANT shall revise the ADIS/MND based on comments received from the
CITY and. prepare the Initial Study/Mitigated Negative Declaration ("IS/MND").
Upon approval of the document by the CITY, CONSULTANT shall submit black and
white copies of the IS/MND to the State Clearinghouse for processing and public
circulation and submit copies to the CITY for-local agency distribution. CITY will
provide the Notice of Completion to accompany the copies. CONSULTANT shall
submit one PDF copy of the IS and each technical report formatted to the CITY's
specifications.
Upon conclusion of the 30-day public review period for the IS/MND,
CONSULTANT shall prepare written responses to any comments received on the
IS/MND, in coordination with the CITY.
After the 30 day review period and as directed by the CITY, CONSULTANT shall
prepare a Mitigation and Monitoring Reporting Program for the Project in the format
determined by the City. The monitoring program shall identify responsibility,
timing, funding,, and reporting of mitigation measures identified in the DIS.
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 5 of 22
Task 2—NEPA Documentation and Clearance
CONSULTANT shall provide National Environmental _ Policy Act (NEPA)
documentation in accordance with the Council on Environmental Quality (CEQ)
requirements. CONSULTANT shall prepare the following analysis (in addition to
CEQA); the specific requirements of such analysis shall be done in accordance with
the regulations of the NEPA administering agency (e.g. Caltrans, FTA, HUD, CDBG,
etc.):
Purpose and Need
Section 106 and 4fEvaluation for Cultural Resources
Floodplain Management and Wetland Evaluation per Executive Orders 11990
and-11988
Environmental Justice Evaluation per Executive Order 12898
NEPA noticing, e.g. Notice of Intent (same as Notice of Preparation
for an Environmental Impact Report)
Natural Environment Studies as required for biology for FHWA/Caltrans
projects
Task 3-Archaeological survey
CONSULTANT shall prepare .an Archaeological Survey Report (ASR) and Historic
Properties Survey Report (HPSR) short form. The report shall be prepared by a
qualified historian and/or archaeologist. These studies will require the
CONSULTANT to perform the following tasks: 1) establishment of the anticipated
Area of Potential Effect (APE), 2) complete archival research, 3) field survey and
inventory, and 4) findings/recommendations.
CONSULTANT shall submit one draft of the report to the CITY and then a final
report (one hard copy and.one electronic copy) that incorporates and responds to
any comments made by the CITY on the draft report.
Task 4—Indoor Air Quality evaluation
CONSULTANT shall prepare an Indoor Air Quality evaluation. It will describe
the regulatory setting for air quality policy set forth by the California Air Resources
Board and the Bay Area Air Quality Management District (BAAQMD).
CONSULTANT shall perform the health risk evaluation in accordance with the most
current. State BAAQMD. CEQA guidelines applicable to such evaluations. The
CONSULTANT shall identify mitigations as necessary.
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 6 of 22
CONSULTANT shall submit one. draft of the report to the CITY and then a final
report (one hard copy and one electronic copy) that incorporates and responds
to any comments made by the CITY on the draft report.
Task 5 —Traffic Study/Impact report
CONSULTANT shall prepare a traffic study/impact report for the Project.
CONSULTANT shall conduct a transportation impact analysis (TIA) as required
by the CITY to - evaluate traffic and/or parking impacts of the Project.
CONSULTANT will evaluate the traffic, impacts of the Project following the
guidelines of the CITY as specified in the CITY's most- current version of the
Interim Guidelines for Traffic Impact Analysis of Land Developments., If the TIA for the
proposed Project shows that the proposed Project will generate more than 100 net
new peak-hour trips on a typical weekday, the CONSULTANT shall prepare a
Congestion Management Program (CMP) analysis in accordance with CITY
guidelines.
CONSULTANT shall submit one draft of the report to the CITY and then a final
report (one.hard copy and one electronic copy) that incorporates and responds
to any comments made by the CITY on the draft report.
Task 6 —Noise report
CONSULTANT shall prepare a noise report that describes the regulatory s e t t i n g
for controlling environmental noise, as set forth by the State of California and
CITY noise standards.
CONSULTANT shall calculate the operational noise level at the Project site,
and evaluate the operational noise level against the most current noise standards
of the CITY and/or of those most current applicable noise standards of any other
regulatory agencies. If the operational noise level exceeds the CITY's or,those
applicable noise standards of another regulatory agency, whichever is lower,
CONSULTANT shall develop noise mitigation measures to achieve compliance
with the standards. CONSULTANT shall prepare and submit a report .of the
Noise Studies to the CITY.
CONSULTANT shall submit one draft of the report to the CITY and then a final
report (one hard copy and one electronic copy) that incorporates and responds
to any comments made by the CITY on the draft report.
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 7 of 22
Task 7—Biological Assessment report
CONSULTANT shall prepare a report which will identify the biological.
resources of the Project site, and assess potential impacts from the Project on
these resources, and as directed by the CITY. The report shall be prepared by a
qualified biologist. The discussion in the report will include a description of. the
regulatory environment, including but not limited to, requirements of U.S. Army
Corps of Engineers, U.S. Fish & Wildlife Service, National Marine Fisheries
Service, and California Department of Fish & Game. ' The.report will
address the potentially significant impacts of the Project on biological
resources.
CONSULTANT shall submit.one draft of the report to the CITY and then a final
report (one hard copy and one electronic copy) that incorporates and responds
to any comments made by .the CITY on the draft report.
Task 8 —Wetlands Delineation
CONSULTANT shall prepare a wetlands delineation report per the most current U.S.
Army Corp of Engineers requirements applicable to the preparation of such reports
and as directed by the CITY.
CONSULTANT shall submit one draft of the report to the CITY and then a final
report (one hard copy and one electronic copy) that incorporates and responds to
any comments made by the CITY.on the draft report.
Task 9—Health Risk Assessment
CONSULTANT shall prepare a site-specific Health Risk Assessment that will
address potential human health impacts to the future users of the Project arising from
the presence of the hazardous material, found at the Project site. The Health Risk.
Assessment ("I-IRA") will be prepared by a toxicologist. CONSULTANT's sub
consultant shall prepare the I-IRA in accordance with the most current Cal/EPA
Supplemental Guidance for Human Health Multimedia Risk Assessments for
Hazardous Waste Sites and Permitted Facilities (Cal/EPA 1996) regulations, and to the
satisfaction of the CITY. The 1-IRA will consider compound concentrations,
transport and fate of compounds, exposure pathways, and property use: The.I-
IRA will.involve the following steps:
The selection of chemicals of concern-
City
oncern-
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 8 of 22
Exposure assessment
Toxicity assessment
Risk characterization
CONSULTANT shall submit one draft of the report to the CITY and then a final
report (one hard copy and one electronic copy) that'incorporates and responds to
any comments made by- the CITY on the draft report.
Task 10-Phase I environmental site assessment
CONSULTANT shall perform a Phase I Environmental Site Assessment to identify
potential presence of hazardous substances and soil or groundwater contamination
on the site..CONSULTANT shall perform the Phase I Environmental Site Assessment
per the most current American Society for Testing Materials (ASTM) guidelines
applicable to such assessments and the CITY's requirements.
CONSULTANT shall submit one draft of the report to the CITY and then .a final
report (one hard copy and one electronic copy) that incorporates and responds to
any comments made by the CITY on the draft report.
Task 11—Phase II environmental site assessment
CONSULTANT shall perform a Phase II Environmental Site Assessment on the
Project site. CONSULTANT shall perform the Phase II 'Environmental Site
Assessment per the most current ASTM guidelines applicable to such assessments
and the CITY's requirements.
CONSULTANT shall submit one draft of the report to the CITY and then a final
report (one hard copy and one electronic. copy) that incorporates and responds to
any comments made by the CITY on the draft report.
Task 12-Habitat Mitigation and Monitoring Plan (HMMP) Report
CONSULTANT shall prepare a Habitat Mitigation and Monitoring Plan Report that
identifies the mitigation measures for the Project needed. to avoid those habitat
impacts discussed in the CEQA document. The HMMP shall include mitigation
measures as necessary, as per previous related studies and as per meetings with the
CITY. The CONSULTANT shall coordinate the preparation of the Habitat Mitigation
and Monitoring Plan with the CITY. The CONSULTANT shall attend a total of two
2) meetings with the CITY in this task to review changes to HMMP and coordinate
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 9 of 22
the preparation of the Plan. The HMMP shall be prepared in a format as directed
and approved by the CITY and in coordination .with the. CITY Planning, Building,
and Code Enforcement Department.
The CONSULTANT shall review, the content of the Mitigation and Monitoring
Plan with the CITY and identify features that are expected to be required by the
CITY and regulatory agencies (e.g. riparian vegetation for CDFG 1601 agreement;
wetland impact minimization measures for COE Nationwide Permit; water quality
protection features for RWQCB permit).
CONSULTANT shall prepare the Habitat Mitigation and Monitoring Plan in a
format acceptable to the regulatory agencies and to the CITY, and shall include
tables, plans, graphics and other pertinent related information. The CONSULTANT,
shall prepare draft Project goals and a Draft Mitigation and Monitoring Outline and
submit two (2) copies to the CITY for review comments and approval.
CONSULTANT shall revise the draft goals and draft Plan outline .as per CITY
and other- regulatory agencies review and comments. Based on the draft Plan
outline and project goals, the CONSULTANT shall prepare a Draft Habitat
Mitigation and Monitoring Plan and submit it to the CITY for review, comments and
approval. CONSULTANT shall submit four (4) copies to the CITY. All plans and
graphics shall be clear and concise. Base source maps shall be based on sources.
approved by the CITY. The Planshall describe the goals of the habitat mitigation,.
the features of the mitigation site, a detailed implementation plan (i.e. site preparation
techniques, schematic planting plan, schedule), establishment success
c r i t e r i a, . and m a i n t e n a n c e and monitoring activities.
CONSULTANT shall develop and include in the Habitat Mitigation and'Monitoring
Plan a preliminary habitat mitigation/revegetation plant list based on the
expected type and. size of habitat mitigation for'the Project. The CONSULTANT
shall submit the preliminary. plant list to the CITY for review and approval. The
plant list shall be a part of the Habitat Mitigation and Monitoring Plan.
The CONSULTANT shall prepare and submit to the CITY a pre-final "screen-check"
of the Final Habitat Mitigation and Monitoring Plan based on comments
from the CITY. The CONSULTANT shall submit two (2) copies to the CITY for
review and approval. Upon review and approval by the CITY, the CONSULTANT
shall prepare and submit to the CITY the.Final Habitat Mitigation and Monitoring
Plan. The CONSULTANT shall submit ten (10) copies, one camera ready (an
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A-David J Powers&Associates Page 10 of 22
original copy which can be clearly duplicated, including half tone copies of
photographic graphics as directed by the CITY) copy, and one electronic copy to the
CITY. The scope of services assumes that there will not be substantive changes to the
mitigation site or mitigation design between the draft and screen-check final reports,
such as a change in the size or location of the mitigation site(s).
Task 13-Pre-construction Burrowing Owl Survey
CONSULTANT shall conduct pre-construction surveys as outlined below.
CONSULTANT shall submit one draft of the survey and then a final survey report
one hard copy and one electronic copy) that incorporates and responds to any
comments made by the CITY on the draft survey-report.
No earlier than thirty (30) calendar days prior to commencement of grading or
construction,whichever occurs earlier, the CONSULTANT shall conduct a pre-
construction survey for Burrowing Owls in accordance with the most current
California Department of Fish and Game (CDFG) survey protocol. The pre-
construction survey shall be conducted by a qualified wildlife biologist.
CONSULTANT shall.document the :findings of the survey in letter format and
submit a hard copy and electronic copy of the letter to the CITY. The CONSULTANT
shall submit the results of the pre-construction survey to the CDFG for review
and approval prior to site construction.
If, as a result of the survey, the CONSULTANT finds one or more active nests within
the project area, the CONSULTANT shall have a qualified wildlife biologist mark
the outside perimeter edge of.a 250 feet buffer around each active nest with plastic
fencing ("Buffer Area"). Prior to commencement of construction activities, the
CONSULTANT shall have a qualified wildlife biologist inform the CITY's contractor
and the contractor's workers of the presence of Burrowing Owls, their protected
status, work boundaries, and measures to be implemented. to avoid loss of these
species during construction activities. The qualified wildlife biologist shall.inform
the construction workers that no construction activities are to occur within the
Buffer Area until he/she so directs.
If pre-construction surveys are conducted during the non-breeding season and
burrowing owls are observed on the site, the CONSULTANT shall consult with
CDFG on burrowing owl eviction only after the habitat mitigation. plan and
mitigation agreement have been finalized between CDFG and the CITY.
City of Cupertino Exhibit A-Scope of Services
Environmental'Services M A—David J Powers&Associates Page 11 of 22
Task 14-Pre-construction Nesting Raptor-Survey
CONSULTANT shall conduct pre-construction . surveys as outlined below.
CONSULTANT shall submit one draft of the survey and then a final survey report
one hard copy and one electronic copy) that incorporates and responds to any
comments made by the CITY on the draft survey report.
No earlier than thirty .(30) calendar days prior to "commencement of grading or
construction, whichever occurs earlier, the CONSULTANT shall conduct a pre-
construction survey for nesting raptors to determine if they occur within the project
site in accordance with the most current CDFG protocol. The pre-construction
survey shall be conducted by a qualified wildlife biologist. If raptors are nesting on
the site, the wildlife biologist shall recommend to the CITY a, suitable buffer area
between the nest site and construction activity. The wildlife biologist shall document
that the young have fledged prior to construction work occurring within the buffer
area. CONSULTANT shall document the findings of the survey in letter format
and submit a hard copy and electronic copy of the letter to the CITY.
Task 1S-Pre-construction Nesting Pond Turtle Survey
CONSULTANT shall 'conduct pre-construction surveys as outlined below.
CONSULTANT shall submit one draft of the survey and then a final survey report
one hard copy' and one electronic copy) that incorporates and responds to any
comments made by the CITY on the draft survey Report.
No earlier than thirty (30) calendar days prior to commencement of grading or
construction, whichever occurs first, the CONSULTANT shall conduct a -pre-
construction survey for nesting"pond turtles in accordance with the most recent
CDFG protocols. The pre-construction survey shall be performed by a qualified
wildlife biologist. If the CONSULTANT identifies a suitable nesting habitat, the .
CONSULTANT will. direct the CITY on where and how to- install an
exclusionary fence so as to exclude turtles from entering the construction work area.
The CITY will be responsible for installing the fence prior to pond-turtle breeding
season. The CITY will be responsible for removing the fencing when directed by
the biologist. CONSULTANT shall document the findings of the survey in letter
format and submit a hard copy and electronic copy of the letter to the CITY.
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A-David J Powers&Associates Page 12 of 22
Task 16-Pre-construction Nesting Woodrat Survey
CONSULTANT . shall conduct pre-construction surveys as outlined below.
CONSULTANT shall submit one draft of the survey and then a final survey report
one hard copy and one electronic copy) that incorporates and responds to any
comments made by. the CITY on the draft.survey report.
No earlier than thirty (30) calendar days prior to commencement of grading or
construction, whichever occurs first, the CONSULTANT shall conduct pre-
construction surveys for nesting woodrats in accordance with the most recent CDFG
protocols. The pre-construction survey shall be conducted by a qualified wildlife
biologist. If the pre-construction survey determines that woodrats are nesting on the
construction site,. the CONSULTANT shall consult with CDFG regarding the best
method for relocation of the nest(s) and provide this information to the CITY.If, as a
result of the survey, the CONSULTANT finds one or more nests within the Project
area, the CONSULTANT shall have a qualified wildlife biologist re-locate the nests
in accordance with CDFG protocol. CONSULTANT shall document the findings of
the survey in letter format and submit a hard copy and electronic copy of the letter to
the CDFG and the CITY.
Task 17—Pre-construction Red-legged Frog Survey
CONSULTANT shall conduct pre-construction surveys as outlined below.
CONSULTANT shall submit one draft 'of the survey and then a final survey report
one hard copy and one electronic copy) that incorporates and responds to any
comments made by the CITY on the draft survey report.
No more than fourteen (14) calendar days prior to commencement of grading or
construction, whichever occurs earlier, in the riparian habitat, the
CONSULTANT shall conduct pre- construction surveys for.red-legged frogs in
accordance with the most recent CDFG protocols. The pre-construction survey
shall be conducted by a qualified wildlife biologist. If CONSULTANT
observes any red-legged frogs, the CONSULTANT shall consult with the US Fish
and Wildlife Service (USFWS) ,on avoidance measures before construction work
proceeds and provide the information to the CITY. If, as a result of the survey, the
CONSULTANT finds red-legged frogs within the, Project area, the CONSULTANT
shall have a qualified wildlife biologist re-locate the red-legged frogs in accordance
with CDFG protocol. CONSULTANT shall document the findings of the survey in
letter format and submit a hard copy and electronic copy of the letter to the CDFG
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A—David J Powers&Associates Page 13 of 22
and the CITY.
Task 18-Habitat Mitigation Planting.Monitoring
The CITY and regulatory agencies with jurisdiction over the Habitat Mitigation
Planting Site have approved and adopted a Habitat Mitigation. and Monitoring
Plan for the Habitat Mitigation Planting Site. The CITY has performed mitigation
planting in conformance with the Habitat -Mitigation and Monitoring Plan.
CONSULTANT' shall perform the followinghabitat mitigation planting monitoring
services.
Once a quarter, the CONSULTANT shall conduct a Habitat Mitigation Planting
Site visit' to inspect plant performance and site maintenance for the mitigation
plantings per the Habitat Mitigation and Monitoring Plan, regulatory_ permitting
agency and CITY requirements. " The inspections shall be performed by a qualified
biologist. The CONSULTANT shall perform each inspection approximately three (3)
months after the previous inspection. The inspections will identify any remedial
actions relating to plant maintenance, including the need for plant
replacement. Within 48 hours . of having completed the inspection, the
CONSULTANT shall document the results of the inspections in a memo to the
CITY. The memo will describe the results of the inspection and identify .any',
remedial measures that are required for compliance with the Habitat,Mitigation and
Monitoring Plan.
In addition to the quarterly inspections, the CONSULTANT shall conduct one visit
of. the Habitat Mitigation Planting Site during the first year of monitoring as
described in the Habitat Mitigation and Monitoring Plan. The inspections. shall be
performed by a qualified biologist. During the visit, CONSULTANT shall evaluate
the maintenance practices within 'the Mitigation Planting Site and identify 'any
remedial actions necessary to maintain the Site. CONSULTANT shall collect data
for each plant species on plant survival, height; plant health, and plant vigor.
CONSULTANT will record any natural recruitment of native and non-native
woody species and take photos to document.the progress of the revegetation.
CONSULTANT shall prepare, an. annual report describing the monitoring
results an d d a t a analysis ("Monitoring Report"). CONSULTANT shall submit
three copies of the draft Monitoring Report to the CITY for review and comment.
CONSULTANT shall incorporate the CITY's comments into the draft Monitoring
Report and provide the CITY with five hard copies and one electronic copy of the
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A.—David J Powers&Associates Page 14 of 22
final Monitoring Report. The final Monitoring Report prepared. by the
CONSULTANT shall be suitable for CITY submittal to regulatory agencies.
Task 19-Growing Native Plants
The- CITY ,and regulatory agencies with jurisdiction over the Habitat Mitigation
Planting Site.have approved and adopted a Habitat" Mitigation and Monitoring
Plan for the Habitat Mitigation Planting Site. As long as the lump .sum for the
nursery services in- this task does not exceed $5,000, CONSULTANT shall perform
the following native plant,growing services.
The CONSULTANT shall subcontract with a nursery that specializes in growing
native plant material and secure the services of 'the nursery to contract grow the
needed plant.materials in a quantity and at a price to be approved by the CITY.
The :selection of a native plant nursery is subject to approval by the CITY. The
CONSULTANT shall collect plant propagation materials, based on the -existing
preliminary plant. list, at site specific sites that are selected in conjunction with, and
approved by, the CITY and deliver them to the nursery.
The CONSULTANT shall provide plants for installation and shall have them
delivered to the Project. site as directed by the CITY. The CONSULTANT shall .
coordinate with the nursery and the CITY on the appropriate delivery date. The
CONSULTANT shall be responsible to pay the holding fee to the nursery to reserve
the plant material and the CITY will reimburse the CONSULTANT. The
CONSULTANT shall be. responsible for paying the final_ fees to the.nursery
upon delivery of. the plants to the work site and the CITY will reimburse
the CONSULTANT.
The CONSULTANT shall conduct one (1) site visit to the plant nursery to review
the health of the plant materials and to assure that the appropriate amount of-plants
are being grown and that they are on schedule for delivery. The nursery inspection
shall be at an unspecified time, -during normal .nursery operating hours, at
approximately midway through the growing period. If the plant material is not in a
condition'that -*is acceptable, the CONSULTANT shall notify, the CITY and discuss
any recommended remedial actions, such as plant species substitution. All plant
material related remedial actions are subject to approval by the CITY.
City-of Cupertino Exhibit A-Scope of Services
Environmental Services M A-David J Powers&Associates Page 15 of 22
Task 20—Archaeological Field Monitoring
The. CITY shall provide the CONSULTANT with the grading and excavation
plans for the Project. CONSULTANT shall review the grading and excavation
plans to determine Project impacts within potentially sensitive archaeological areas.
The review shall be done. by a qualified- archaeologist. , The archaeologist shall
develop an archaeological_ Field Monitoring Plan that includes the' frequency and
duration .of the monitoring based upon his/her proposed/expected construction .
monitoring observations. .. 'If any cultural materials are exposed or discovered
during either site. preparation or subsurface construction activities; the CITY will
issue a separate service order for additional archaeological work. The archaeologist
shall submit a report summarizing his/her monitoring activities and findings (one
hard copy.and one electronic copy) to the CITY.
Task 21-Evaluation of Potential Mitigation Areas
The CITY and regulatory agencies with jurisdiction over the Project and the
approval of a habitat mitigation site have approved and adopted a Habitat
Mitigation and Monitoring Plan for the Project. CONSULTANT shall perform the
following services with regard to evaluating potential mitigation sites.
CONSULTANT shall review a ,proposed habitat mitigation site and assess the
site for its suitability to provide environmental habitat mitigation for the. Project.
CONSULTANT shall review and assess 'the proposed habitat mitigation site
in accordance with all applicable regulations, requirements, guidelines ,and
policies of regulatory agencies having jurisdiction over the Project and approval of
the mitigation site, and as directed- by the CITY. One field meeting with CITY staff
Shall be included in this task in order to review the potential mitigation site.:
CONSULTANT shall prepare and submit a letter of findings (one -hard copy and
one electronic copy) that addressthe site's- existing resources, its suitability to
provide the required mitigation and the site's consistency with mitigation
measures outlined in the Project's existing Habitat Mitigation and Monitoring
Plan.
Task 22-Location Hydraulic Study
CONSULTANT shall prepare -.a Location Hydraulic Study for .the Project in
accordance with the regulations, requirements, guidelines and policies of
City of:Cupertino Exhibit A-Scope of Services.
Environmental Services M A—David J Powers&Associates Page 16 of 22
regulatory agencies having jurisdiction of the Project and as directed by the CITY
and SCVWD.
CONSULTANT shall submit one draft of the study and then a final study (one hard
copy and one electronic copy) that incorporates and responds to any comments
made by the CITY on the draft study.
Task 23-Tree Survey
CONSULTANT shall prepare a tree survey for the Project as directed by the CITY.
The tree survey will consist of the CONSULTANT visiting the construction
site one time and documenting all'trees by species, diameter, and condition in
accordance with the CITY's Arborist and CITY's .tree survey form, which will be
provided by the CITY.
CONSULTANT shall submit one draft of the survey and then a final survey (one
hard copy and one electronic copy) that incorporates and responds to any comments
made by the CITY on the draft survey.
Task 24-Miscellaneous Notices and Filings
CONSULTANT shall prepare necessary CEQA and NEPA notices, including but not
limited to Notices of Intent, Notices of Availability, and Notices of Preparation as
directed by the CITY. The notices will be prepared in draft form and submitted to CITY
for review and comment. One revision will be completed by CONSULTANT. One hard
copy and one electronic copy of notice shall be provided to CITY that incorporates and
responses to any comments made by the CITY on the draft notice. CONSULTANT shall
also provide filing services, including but not limited to those conducted at the Santa
Clara County Clerk's office and California State Office of Planning and Research (OPR)
Clearinghouse. The payment of any fees for such filings can be included as part of the
Master Agreement.
END OF
EXHIBIT
City of Cupertino Exhibit A-Scope of Services
Environmental Services M A 'David J Powers&Associates Page 17 of 22
EXHIBIT B
SERVICE ORDER PROCESS
The CONSULTANT shall provide services under this Master Agreement on an"as needed"basis
and oy(1)upon written request from the CITY's Director of Public Works or authorized Agent
as defined in Article 11 of the Master Agreement, Project Coordination, and (2) as defined in a .
fully executed Service Order.,
SECTION 1-SERVICE ORDER INITIATION
A. The City Public Works Director or his designee shall provide. written .request for
Consultant services as defined in this agreement. The Consultant and City shall meet to,
discuss the services after which the consultant shall provide a written proposal including
specific scope of services, performance schedule, and compensation to the City. Scope of
Services will reference Tasks from Exhibit A where possible.
B. The City and Consultant shall discuss the proposal in detail and agree upon the terms of
the Service Order.
C. The City shall prepare a.Project Service Order-consistent with the City's.standard form,
Service Order, and Attachment A. The Service Order shall, at a minimum, include (1)
specific scope of services, deliverables, schedule of performance, and compensation.
SECTION 2-SERVICE ORDER EXECUTION
D. Both parties shall execute the Service Order as evidenced by the signatures-,of the'
authorized representatives defined in Article 11 of the Master Agreement, Project
Coordination, and the date signed.
E. The Consultant shall begin work on the scope of services only after receipt of a fully.
executed authorized Service Order defining those services. Consultant understands and
agrees that work performed before the date of the authorized Service Order or outside the
scope of services once a Service Order is signed and authorized shall be at no cost to.the
City.
City of Cupertino Exhibit B-Service Order Process
Environmental Services M A—David J Powers&Associates Page 18 of 22
F. The maximum compensation authorized by a single Service Order and/or the aggregate
of Service Orders shall not exceed the maximum compensation set forth in Article 4 of the
Master Agreement.
END OF
EXHIBIT
City of Cupertino Exhibit B-Service Order Process
Environmental Services M A—David J Powers&Associates Page 19 of 22
EXHIBIT C
COMPENSATION
The City shall compensate the Consultant according to the hourly rate(s) stated in this Exhibit
which shall remain in effect for the Master Agreement schedule of performance unless changed by
written amendment to the Master Agreement..
Each authorized Service Order under this Master Agreement shall identify the method of
compensation-consistent with the scope of services provided by the Consultant. In any case, the
Consultant's total payment for each authorized Service Order shall not exceed-the maximum
compensation identified in that Service Order, unless authorized by a written amendment executed
by the City and the Consultant, and the,total compensation for all authorized Service Orders shall
not exceed the maximum compensation stated in Article 4, Consultant Compensation,.of the Master
Agreement.
Work exceeding the total authorized amount for a Service Order or the total compensation for the
Master Agreement shall be at no cost to the City.
Consultant Hourly Rate(s)
The Consultant shall be compensated according to the following hourly rate(s) for all work
performed,under authorized Service Orders:
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
City of Cupertino Exhibit C-Compensation
Environmental Services M A—David J Powers&Associates Page 20 of 22
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.
Reimbursable Expenses
Reimbursable expenses represent the acquisition cost of items, other than direct labor, specifically
required to perform the scope of services and beyond normal business operating expenses which
are included in the direct labor rate.Such expenses include,but are not limited to:
Individual or multiple document reproductions that exceed 50 pages;
Drawing or bid set reproductions;
Software required by City other than Microsoft Word, Excel, PowerPoint, and
Project;Adobe Acrobat; and a photo editor program.
Travel expenses to the extent allowed by City policy;
Sub-consultants required by project scope of services;
Safety equipment required by City policy or the.project scope of services;
Mass mailing notifications;
Expenses for public meetings, such as refreshments, interpreters, security, valet
parking, facility rental, tents or booths, easels, markers, paper, presentation
equipment.
The City shall compensate the Consultant for such reimbursable expenses only with prior written
authorization, by the City representative designated.in Article 11, Project Coordination, of the
Master Agreement. All compensation, including reimbursable expenses, shall not exceed the
maximum compensation for the Service Order.
The City shall compensate the Consultant for reimbursable expenses for the documented actual cost
only, allowing for no surcharge for Consultant administration. Reimbursable expenses shall be
separately identified on the Consultant invoice.
City of Cupertino Exhibit C-Compensation
Environmental Services M A—David J Powers&Associates Page 21 of 22
i
Method of Payment
The Consultant shall submit an invoice to the City by the 5th business day of each month that
clearly.identifies the work performed in the previous month and authorized reimbursable expenses.
All invoices from Consultant shall be addressed to City at:
Attention:Katy Jensen
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
E-mail:katyj@cupertino.org
The invoice shall identify the applicable period of work, a description of the work performed
consistent".with the Service Order scope of services,the number of hours, hourly rate, reimbursable
expenses, Service Order maximum.compensation, Service Order compensation to date including
invoice number, total invoice amount for current invoice, Service Order maximum compensation
balance remaining.
All Consultant payments shall be addressed to:
Jodi Starbird,Principal Project Manager
1871 The Alameda,Suite 200
San Jose,CA 95126
Phone no.408-454-3437
E-mail:jstarbird@davidjpowers.com
END OF EXHIBIT
City of Cupertino Exhibit C-Compensation
Environmental Services M A—David J Powers&Associates Page 22 of 22
ACORD TM CERTIFICATE OF LIABILITY INSURANCE Date 9M/
OD15
D/YR)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT:If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed.If SUBROGATION IS WAIVED,subject to the terms
and conditions ofthe policy,certain policies require an endorsement.A statement on this certificate does not confer rights to the certificate holder in lieu of
such endorsement(s).
PRODUCER CONTACT Diana Chau
SelectSolutions Insurance Services,LLC NAME:
License#0127711 A/No,Ext: 714-361-7700 A/C No: 855-804-8449
1350 Carlback Avenue EMAILdianac@ppibselect.com
Walnut Creek,CA 94596 ADDRESS:
INSURERS AFFORDING COVERAGE NAIC#
INSURED INSURER A: Travelers Indemnity Company ofCT 25682
David J.Powers and Associates Inc. INSURER B: Travelers Property Casualty Ins Co of Am 25674
1871 The Alameda,Suite 200 INSURER C: Hanover American Insurance Co. 36064
San Jose,CA 95126 INSURER D: Continental Casualty Co. 20443
INSURER E:
INSURER F:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.
NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE
ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECTTO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF
SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR TYPE OF INSURANCE ADDL SUBR POLICY NUMBER POLICYEFF POLICY EXP LIMITS
LTR INSR WVD MWDD/YYYY MM/DD/YYYY
A GENERAL LIABILITY x x 6806824L268TCT14 12/03/2014 12/03/2015 EACH OCCURRENCE 2,000,000
X COMMERCIAL GENERALLIABILITY DAMAGE TO RENTED 1,000,000PREMISES(Eaoccurrence)
CLAIMS-MADE F x] OCCUR MED EXP(Anyone person) $10,000
PERSONAL&ADV INJURY $2,000,000
GENERAL AGGREGATE $4,000,000
GEN'L.AGGREGATE LIMITAPPLIES PER PRODUCTS-COMP/OP AGG $4,000,000
POLICY X PROJECT LOC
B AUTOMOBILE LIABILITY BA6820L15314GRP 12/03/2014 12/03/2015 COMBINED SINGLE LIMIT $1,000,000Eaaccident)
X ANY AUTO BODILY INJURY(Per person) $
ALL OWNED AUTOS SCHEDULED BODILY INJURY(Per accident) $AUTOS
HIREDAUTOS X NON-OWNED PROPERTY DAMAGE
X AUTOS Per accident)
X UMBRELLA LIAB X OCCUR EACH OCCURRENCE 1,000,000
B EXCESS LIAB CLAIMS-MADE CUP2C5902111447 12/03/2014 12/03/2015 AGGREGATE 1,000,000
DED RETENTION $
TOWORKERSCOMPENSATIONX OTH-
AND EMPLOYERS'LIABILITY Y/N TORYYLIMITS ER
ANYPROPRIETOR/PARTNER/EXECUTIVE/E.L.EACH ACCIDENT 1,000,000
C OFFICER/MEMBEREXCLUDED? N/A WZ3981630002 01/13/2015 01/13/2016
Mandatory in N.H.) E.L.DISEASE-EAEMPLOYEE $1,000,000
Ifyes,describe under DESCRIPTION OF
OPERATIONS below E.L.DISEASE-POLICY LIMIT $1,000,000
PROFESSIONAL LIABILITY
000DN/A EEH288347490 03/26/2015 03/26/2016 AGGREGATE
PER CLAIM
2,000,000
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES(Attach ACORD 101,Additional Remarks Schedule,Ifmore space Is required)
Re:DJP&A Job#15-117—Cupertino Public Works On-Call.City of Cupertino,its City Council,boards and commissions,officers,employees and
volunteers are named as additional insured on General Liability policy if required by written contract per attached endorsement.Waiver of Subrogation
applies on General Liability policy if required by written contract per attached endorsement.
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Cupertino EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN ACCORDANCE WITH
THE POLICY PROVISIONS.
Public Works Department
Attn:Carmen Lynaugh AUTHORIZED REPRESENTATIVE
10300 Torre Ave.
Cupertino,CA 95014
ACORD 25(2010/05) 1-8-2010 ACORD CORPORATION.All rights reserved.
The ACORD name and logo are registered marks ofACORD
POLICY NO.: 6806824L268TCT14 COMMERCIAL GENERAL LIABILITY
T141S ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.
BLANKET ADDITIONAL INSURED
ARCHITECTS, ENGINEERS AND SURVEYORS)
This endorsement modifies insurance provided under the following:
COMMERCIAL GENERAL LIABILITY COVERAGE FART
A. The following is added to WHO IS AN B. The following is added to Paragraph a. of 4.
INSURED(Section 1I): Other Insurance in COMMERCIAL
GENERAL LIABILITY CONDITIONS(Section
Any person or organization that you agree in a IW):
contract or agreement requiring insurance" to
include as an additional insured on this However,if you specifically agree in a"contract
Coverage Part, but only with respect to liability or agreement requiring insurance" that the
for "bodily injury', "property damage" or insurance provided to an additional insured
personal injury"'caused, in whole or in part, by under this Coverage Part must apply on a
your acts or omissions or the acts or omissions primary basis, or a primary and non-
of those acting on your behalf: contributory basis, this insurance is primary to
other insurance that is available to such
a. In the performance of your ongoing additional insured which covers such additional
operations; insured as a named insured, and we will not
b. in connection with premises owned by or share with the other insurance., provided that:
rented to you;or
c. In connection with "your work" and 1) The "bodily injury" or property damage"
included within the "products-completed for which coverage is sought occurs;and
operations hazard".
2) The "personal injury" for which coverage
Such person or organization does not qualify is sought arises out of an offense
as an additional insured for "bodily injury"', committed;
property damage" or "personal injury" for
which that person or organization has after you have entered into that "contract or
assumed liability in a contract or agreement. agreement requiring insurance". But this
insurance still is excess over valid and
The insurance provided to such additional collectible other insurance, whether primary,
insured is limited as follows: excess, contingent or on any other basis, that
is available to the insured when the insured is
d. This insurance does not apply on any an additional insured under any other
basis to any person or organization for insurance_
which coverage as an additional insured
specifically is added by another C. The fallowing is added to Paragraph 8.
endorsement to this Coverage Part. Transfer Of Rights Of Recovery Against
Others To Us in COMMERCIAL GENERAL
e. This insurance does not apply to the LIABILITY CONDITIONS (Section IV):
rendering of or failure to render any
professional services". We waive any rights of recovery we may have
against any person or organization because of
f. The limits of insurance afforded to the payments we make for "bodily injury",
additional insured shall be the limits which property damage" or "personal injury" arising
you agreed in that"contract or agreement out of"your work"performed by you,or on your
requiring insurance" to provide for that behalf, under a "contract or agreement
additional insured, or the limits shown in requiring insurance" with that person or
the Declarations for this Coverage Part, organization_ We waive these rights only
whichever are less. This endorsement where you have agreed to do so as part of the
does not increase the limits of insurance contract or agreement requiring insurance"
stated in the LIMITS OF INSURANCE with such person or organization entered into
Section Ill)for this Coverage Part. by you before, and in effect when, the bodily
CG D8 8109 07 Q 2007 The Travelers Companies,Inc. Page 1 of2
Includes copyrighted material of Insurance Services Office,Inc.,with its permission_
injury+` or "property darnage" occurs or the personal injury- is caused by an offense
personal injury"offense is committed. committed-
D.
ommttedD. The follovving definition is added to a. lifter you have entered into that contract or
DEFINITION (Section _ agreement;
Contract or agreement. requiring insurance" la. While that part of the contract or
means that part of any contract or agreement agreement isin effect-and
under w1 ich you are required to include a
person or organization as an additional insured c. Before the end of the policy period.
on this Coverage fart, provided that the"bodilyly
injury"and upropefty damage"occurs, and the
CC D3 87 09 OT @ 2007 The Travelers Companies,Inc. Page 2 of
Incudes copyrighted material of Insurance Services Office,Inc_,vVith Rs permission_