20-126 Service Order No. 11 dated 2-2-23 Starbird Consulting Wilson Park Bird Survey CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO. 11
MASTER AGREEMENT NO#:M. A. Date:8/18/2020
Maximum Compensation: 8/31/2023
Consultant:Firm Name:
Address:
Contact: Phone:
jodi@jodistarbird.com
Project Description:
Project Names:Wilson Park Community Garden, Wilson Park Basketball Court
X
City Project Management
Managing Department: Public Works Project Manager: Ayano Hattori
Fiscal/Budget :
Amount
400,000.00
268,575.75
Liquidated to date:29,620.02
7,062.50
153,981.77
50%420-99-083 900-905 PVAR 009.03.03 P.O. #
50%420-99-252 900-905 PVAR 012.03.03
Contract Manager: John Raaymakers Date:
Approvals:
Consultant:Date:
CIP Manager:Date:
City Finance:Date:
Management Analyst
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.
S.O. Acc't No.:
Master Agreement Maximum Compensation:
otal Previously Encumbered to Date:
Encumbrance this Service Order:
Master Agreement Unencumbered
2021-04
$400,000 M.A. End Date:
and Compensation
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
10568 Murchie Mine Rd, Nevada City, CA 95959
Starbird Consulting LLC
408-687-8203Jodi Starbird
Basketball court and community garden at Wilson Park
Description of Work: Perform a nesting bird survey and provide report as described in the
attached description of work.
City of Cupertino Page 1 of 1 Service Order No.11
Feb 1, 2023
Feb 2, 2023
Feb 2, 2023
1
January 19, 2023
John Raaymakers
Senior Public Works Project Manager
City of Cupertino, Dept. of Public Works
1033 Torre Avenue
Cupertino, CA 95014
johnr@cupertino.org
RE: Wilson Park Pre-construction Bird Surveys
Dear John,
At your request, I have prepared the following scope of work for providing pre-construction nesting
bird surveys for the construction of the park improvements at Wilson Park located at 19784
Wintergreen Drive. The project includes the construction of a community garden in the northern
and a basketball court in the southeastern areas of the existing park. The majority of the bird
survey work will be completed by WRA Environmental Consultants. Starbird Consulting LLC will
provide subconsultant management and overall coordination during the work tasks to be
completed.
The tasks requested are described below.
Task 1: Pre-Construction Nesting Bird Survey and Report (WRA)
Within 14-days prior to the start of construction or vegetation removal activities during the 2023
avian nesting season (February 1 – August 31), a qualified WRA biologist will conduct a nesting bird
survey within the Project Area. This survey will include an examination of the entire surveyed area,
focusing on potential nesting substrates and avian behaviors. Specifically, birds within the surveyed
area will be monitored for potential nesting behaviors to determine if active nesting is occurring.
If active nests are found, WRA will establish no-work exclusion buffers based on the species of bird
observed, tolerance to disturbance, and location of the nest. WRA will produce a nesting bird
survey report describing the results of preconstruction surveys, establishment of nest buffers (if
applicable), and an estimate for when the nest will become inactive via fledging of the young. The
survey report will document compliance, and will be suitable for submittal to appropriate
regulatory bodies, if necessary.
It is understood that the project may be constructed in stages. For the above-described survey to
cover both projects, no more than six (6) construction days can elapse between projects. If it is
determined that construction will be delayed more than this amount of time, it is recommended
that the City contact Starbird Consulting immediately to discuss options.
Attachment A
2
Task 2 (Optional): Follow-up Surveys to Determine Nest Status (WRA)
If active nests are discovered within the surveyed area, a follow-up site visit will likely be necessary
to determine the status of the nest in order to determine the point at which the nest becomes
inactive and no-work buffers can be removed. This site visit will be targeted and will assess
conditions around existing nests only. Status of nests and their respective buffers will be
communicated to the Starbird Consulting and the City directly after the site visit via phone or email.
This task also includes an update to the survey letter produced in Task 1 to indicate the final status
of any active nests.
Task 3: Environmental Consulting Services and Project Management (Starbird)
The above-described work will be completed under contract to Starbird Consulting LLC. Jodi
Starbird will provide overall coordination of the work tasks with WRA and will review all documents
prepared and provide environmental consulting services related to the work completed. She will
participate in all meetings and/or conference calls. It is assumed that up to 12.5 hours of time will
be required by this task.
Project Assumptions:
The following assumptions have been made in the preparation of this Scope of Work:
•The City will provide access to the site and arrangements for opening any gates or fences.
•Post-construction monitoring is not included in this scope of work.
•If construction is delayed between stages, the City will contact Starbird Consulting
immediately.
•Typically, bird surveys are only considered valid for a period of approximately 14 days. If
Project activities are delayed beyond 14 days from the survey date, an additional survey will
be required to ensure that results of the initial survey are still accurate; these additional
surveys are not covered by this scope of work, and would be covered under a change order.
•This scope of work includes provisions for the potential discovery of the nests of non -
special-status, native bird species within the Project Area. Any special-status (protected or
endangered) species or raptors discovered nesting in the project area may require specific
considerations or measures. Management of these species would require additional scope
and budget and would be covered by a change order proposal.
•If nesting birds are not discovered in Task 1, Task 2 will not be required and the City will not
be billed for this work.
Estimated Cost
The estimated cost for the services described in this scope is provided below. This cost is based on
the above assumptions and are subject to change based on the specific conditions encountered in
the field. Costs may be reallocated between tasks; however, the total cost will not be exceeded
without prior authorization. If the tasks ultimately performed are less than described above, you
will only be billed for the time spent actually completing the work.
3
Task Cost
1.Pre-construction Nesting Bird Surveys and Report (WRA) $3,000
2.(Optional): Follow-up Surveys to Determine Nest Status (WRA) $1,250
3.Coordination and Environmental Consulting Services (Starbird) $2,812.50
Total: $7,062.50
Thank you for the opportunity to provide environmental consulting services under my Master
Agreement with the City. Please let me know you have any questions.
Sincerely,
Jodi Starbird
Principal Consultant, Starbird Consulting LLC
jodi@jodistarbird.com (408) 687-8203
Starbird Consulting Service Order 11 Wilson
Park Bird Survey
Final Audit Report 2023-02-02
Created:2023-02-02
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAAbYolEVRJyuYPYkT53-1U9ipl2DbIJiW2
"Starbird Consulting Service Order 11 Wilson Park Bird Survey"
History
Document created by Julia Kinst (juliak@cupertino.org)
2023-02-02 - 1:54:19 AM GMT- IP address: 216.198.111.214
Document emailed to Jodi Starbird (jodi@jodistarbird.com) for signature
2023-02-02 - 1:55:29 AM GMT
Email viewed by Jodi Starbird (jodi@jodistarbird.com)
2023-02-02 - 2:02:41 AM GMT- IP address: 66.249.84.229
Document e-signed by Jodi Starbird (jodi@jodistarbird.com)
Signature Date: 2023-02-02 - 2:03:10 AM GMT - Time Source: server- IP address: 73.220.84.73
Document emailed to Susan Michael AIA (susanm@cupertino.org) for signature
2023-02-02 - 2:03:12 AM GMT
Email viewed by Susan Michael AIA (susanm@cupertino.org)
2023-02-02 - 10:05:30 AM GMT- IP address: 104.28.116.103
Document e-signed by Susan Michael AIA (susanm@cupertino.org)
Signature Date: 2023-02-02 - 4:38:15 PM GMT - Time Source: server- IP address: 76.103.131.113
Document emailed to Julia Kinst (juliak@cupertino.org) for signature
2023-02-02 - 4:38:16 PM GMT
Document e-signed by Julia Kinst (juliak@cupertino.org)
Signature Date: 2023-02-02 - 4:59:17 PM GMT - Time Source: server- IP address: 216.198.111.214
Agreement completed.
2023-02-02 - 4:59:17 PM GMT