18-208 Service Order No. 13 dated 7-7-23 Regnart Rd 3.0 - CITY OF CUPERTINO
MASTER AGREEMENT CONSULTANT SERVICES
SERVICE ORDER NO. 13
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 Name:Regnart Road Improvements Phase 1 Project
X
City Project Management
Managing Department: Public Works Project Manager: Evelyn Moran
Fiscal/Budget :
Amount
400,000.00
333,063.25
Liquidated to date:36,620.79
85,810.00
17,747.54
420-99-068 900-905 ST 033.03.03 P.O. #
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.
Encumbrance this Service Order:
Master Agreement Unencumbered
S.O. Acc't No.:
Feasibility Memo and Construction Services
Attachment A: Includes Description of Project, Scope of Service, Schedule of Performance
and Compensation
Master Agreement Maximum Compensation:
otal Previously Encumbered to Date:
2021-04
$400,000 M.A. End Date:
Starbird Consulting LLC
10568 Murchie Mine Rd, Nevada City, CA 95959
Jodi Starbird 408-687-8203
City of Cupertino Page 1 of 1 Service Order No.13
Jul 6, 2023
Jul 7, 2023
Jul 7, 2023
1
June 9, 2023
Evelyn Moran
Project Manager
City of Cupertino, Dept. of Public Works
10300 Torre Avenue
Cupertino, CA 95014
RE: Regnart Road Feasibility Memo and Construction Services
Dear Evelyn,
I have prepared the following scope amendment for the preparation of a Feasibility Memo and
other construction services as required under the Lake or Streambed Alteration Agreement (LSAA)
issued by CDFW on March 7, 2023 for the Regnart Road Improvement Project. The work will be
primarily completed by WRA Environmental Consultants with Starbird Consulting providing project
management, report review, and environmental consulting services related to the work to
completed by WRA.
Task 1: Erosion Reduction Feasibility Memo
WRA will collect existing hydrology, topography, and flooding data from available sources for use in
determining the condition and trends of Regnart Creek. Data to be collected includes flood history
and statistics, relevant streamflow data, precipitation data, land cover, soils, and digital terrain
models.
A site visit will be completed by WRA’s engineer, a senior or principal-level design lead, and a
geomorphologist to assess the project site plus areas approximately 2,000 feet upstream and 3,000
feet downstream. The purpose of the site visit will be to visually verify and assess the creek system,
including channel, banks, and side slopes to gain understanding of present conditions and potential
erosion vulnerabilities and causes. Key characteristics that influence flow patterns, in-channel
material and vegetation, roughness, sedimentation, flood levels, and bed and bank erosion will be
assessed. The observations made during the site visit will be documented qualitatively via notes
and photographs.
WRA’s geomorphologists will use their professional judgement from available topographic data and
observations made during the site visit to determine likely causes of existing erosion. The
information gathered will be used to inform the development of three conceptual alternatives to be
considered for the design of any subsequent improvement projects along the project reach of the
creek, as required by CDFW.
Based on the information obtained during the site visit, WRA will prepare an Erosion Reduction
Feasibility Memo that meets the requirements set forth in the draft LSAA issued by CDFW. The
LSAA requires the city provide CDFW with a feasibility memo that assess potential ways in which
the City could remediate ongoing creek bank erosion at the project site. Locations at the project
Attachment A
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site most susceptible to erosion will be identified based on field observations, particularly in areas
that could threaten the integrity of Regnart Road in the future.
Mapped results of susceptible areas will be used to identify potential areas for improvements to
reduce long-term erosion risk that may affect the integrity of Regnart Road at the project site.
Based on observations in the field, WRA will select three conceptual alternatives for reducing long-
term erosion along the reach of Regnart Creek adjacent to the project site with an emphasis on
alternatives that involve habitat restoration/enhancement. The proposed alternatives will be
designed to avoid impacts to existing infrastructure and avoid exacerbating existing flood risk.
The erosion protection and habitat value of each alternative will be qualitatively described and
summarized, using representative map and graphic examples, and potential advantages or
challenges of each alternative will be identified based on professional judgement and experience on
similar projects. Hydraulic modeling of alternative(s) could occur under separate authorization
after the feasibility-level review and preferences are completed herein.
One draft and one final feasibility memo will be submitted to the City for review. This assumes the
City will provide WRA with one round of consolidated comments on the draft and final memo s,
respectively. This task also includes WRA’s time addressing one round of comments from CDFW on
both the draft and final feasibility memo. If additional rounds of edits are requested by either the
City or CDFW, WRA may request additional funds via a change order to cover this increased effort.
Task 2: Worker Environmental Awareness Program
In accordance with Measure 2.25 of the LSAA, WRA’s CDFW-approved Qualified Biologist will
develop and conduct a Worker Environmental Awareness Program (WEAP). The WEAP will consist
of a presentation by the designated qualified biologist that includes a discussion of the biology and
general behavior of any sensitive species which may be in the work area, how they may be
encountered within the work area, and procedures to follow when they are encountered. The
WEAP will be recorded in a video format and a link will be provided where all project personnel may
view it. No PowerPoint or in person training will be provided.
The City will be responsible for collecting and maintaining the signature acknowledgements of
WEAP attendance. This task does not include translation of the WEAP into other languages.
Task 3: Pre-construction Fish, Wildlife, San Francisco Dusky-Footed Woodrat and Nesting Birds
Surveys
This task includes the following surveys:
• In accordance with LSAA Measure 2.26: pre-construction fish and wildlife survey to occur
within 48 hours prior to construction. The survey will be conducted by a CDFW-approved
qualified biologist. Surveys shall be conducted at the appropriate time of day and in habitat
suitable for each of the species. If state or federally listed species are found, work shall not
begin until the qualified WRA biologist contacts CDFW and the U.S. Fish and Wildlife Service
(USFWS) or National Marine Fisheries Service (NMFS) for further guidance and approval to
continue work.
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• In accordance with LSAA Measure 2.29: San Francisco dusky-footed woodrat (SFDWR)
survey by a biological monitor over 30 days in advance of construction. A 50-foot buffer will
be implemented around each nest, if found. If a nest is identified that cannot be avoided, a
SFDWR relocation plan will be developed by WRA under a Change Order.
• In accordance with LSAA Measure 2.30: two nesting bird surveys will be completed by a
CDFW-approved qualified WRA biologist prior to the start of construction activities
(including any type of ground disturbance). The first survey will be completed within 14
days of the start of construction activities. The second survey will be completed within 48
hours of the start of construction and will be combined with the pre -construction fish and
wildlife survey.
• In accordance with LSAA Measure 2.7: Work area flagging will be completed by a WRA
biologist. The areas to be flagged are the portion of the work area that will occur within
riparian areas. The flagged area will be based on final project plans provided by the client.
Task 4: Project Coordination and Reporting
Under this task, WRA will perform general project management and subtask coordination, including
preparation and submittal of pre- and post-construction notices to CDFW (Measure 1.5), submittal
of 100% design drawings (Measure 2.5), submittal of biologist resumes to CDFW for approval
(Measure 2.24), submittal of the project’s as-built report following construction completion, and
preparation and submittal of a Construction and Revegetation Status Report (Measure 3.2). For the
as-built report, WRA assumes all components of the as-built report will be provided to WRA by the
City. This task also includes WRA’s effort preparing an invasive species removal map to assist in
compliance with Measure 2.23.
Task 5: On-Call Biological Services if Special-Status Species Observed during Construction
Measure 2.27 of the project’s LSAA requires construction personnel to monitor for special-status
species during all construction activities. If any special-status species are observed within or near
the project site, this measure requires the construction crew to stop work and engage an on-call
qualified biologist.
Under this task, WRA will serve as the project’s on-call biologist in the event that a special-status
species is found on-site during project work. If found, WRA will contact CDFW to notify the agency
of the discovery and, if necessary and approved by CDFW and any other applicable regulatory
agencies, WRA will relocate listed species at least 250 feet away from construction activities.
This task includes one trip to relocate one species. If additional time is required depending upon
the types, complexity, and numbers of species found, WRA will request a change order to cover the
additional effort.
Task 6: San Francisco Dusky-Footed Woodrat Relocation Plan
In accordance with Measure 2.29, if one or more SFDWR nests are detected within the project
construction area during the pre-construction survey (Task 3) a SFDWR Relocation Plan will need to
be submitted to CDFW for approval. If needed, WRA will prepare and submit a SFDWR Relocation
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Plan to CDFW. This subtask does not cover WRA’s effort implementing the SFDWR Relocation Plan;
implementation of the Plan would need to be covered via a change order based on the number of
nests observed. If no SFDWR nests need to be relocated, this task will not be completed.
Task 7: Concrete Monitoring
Measure 2.2.17 of the LSAA requires a monitor be present during all concrete pouring along the
western bank of Regnart Creek to ensure no concrete enters the creek. The designated concrete
monitor does not need to be pre-approved by CDFW. WRA will provide a designated concrete
monitor to satisfy this requirement. One WRA monitor will be present for up to two days (16 hours)
of concrete pouring to ensure no concrete is inadvertently placed within the creek. The designated
monitor would ask construction crews to halt concrete pouring if the monitor observes activity that
could result in concrete ending up in the stream. The designated monitor would also ensure
construction best management practices are in place prior to the start on concrete pou ring activity
on the western bank of Regnart Creek and advise the construction crew if additional measures are
recommended.
Task 8: Invasive Species Removal
Measure 2.23 of the LSAA requires the removal of invasive vegetation along the western bank of
Regnart Creek within the City’s right-of-way between the culvert crossings immediately north and
south of the project site (approximately 420 linear feet). Under this task, WRA’s subsidiary
company, WRA-LR, will remove invasive species from the required area using hand tools to the
maximum extent practicable. Herbicides will not be used.
Based on our existing baseline knowledge of site conditions, WRA expects invasive species removal
can be performed in a single day. If site conditions change such that invasive species are present in
a substantially larger area than they were previously observed, WRA may request additional funds
via a change order.
As part of this task, WRA-LR will collect representative photos of site conditions before and after
invasive species removal. These photos will be provided to agencies as part of the Construction and
Revegetation Status Report scoped under Task 4, above. This task includes costs associated with
properly disposing of invasive plant material.
Task 9: Post-Construction Seeding
Following the completion of all construction activities and invasive species removal, WRA-LR will
seed all areas where invasive species were removed and all bare ground at the project site with a
native seed mix as required by Measure 2.2.19 of the LSAA. All seeded areas will be covered with
sterilized weed-free rice straw to help secure the seed in place. This task includes the cost of seed
procurement. The seed used will meet the requirements of the LSAA.
Additional Assumptions:
• The City will be able to provide WRA with historical flood or storm damage information.
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•The three conceptual alternatives designed under Task 1 will be based on physical
characteristics of the channel and existing data. Hydraulic modeling will not be completed
as part of this scope of work.
•WRA assumes construction will occur in one phase. If work pauses for 14 or more days, the
project’s permits require the completion of new pre-construction surveys. The performance
of additional surveys triggered by pauses in construction are not covered by this scope of
work. Should additional surveys become necessary, WRA will request additional funds for
our effort via a change order.
•WRA assumes the City will be able to provide WRA with limits of the City’s right-of-way and
the project’s limits of disturbance in a georeferenced CAD file or describe how far the City’s
ROW extends from the road so that WRA staff may delineate the City’s right-of-way. This
information will be used to prepare field maps indicating areas where invasive species
removal is required and areas where WRA biologists need to install flags (Task 3).
•No post-construction site visits are included in this Scope of Work as none are required by
the project’s LSAA.
•This Scope of Work is intended to ensure project compliance with the LSAA Measures
referenced in the above text. Compliance with LSAA Measures not specifically included in
the above tasks are the responsibility of the City and/or the City’s contractor.
SCHEDULE
Work can begin upon execution of this Change Order. The initial site visit scoped under Task 1 can
be completed within one month of execution of this Service Order. With timely City review, a draft
feasibility memo can be prepared and submitted to CDFW by the due date of November 1, 2023 (six
months from issuance of the LSAA or May 1, 2023). The final feasibility memo can be prepared by
May 1, 2024, CDFW’s due date for the report.
For construction-related services, WRA requests at least one months’ notice of the start of
construction to allow adequate time to schedule the pre-construction surveys required by the
project’s LSAA.
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.
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Cost Estimate
Task Description Cost
1 Erosion Reduction Feasibility Memo $34,500
2 Worker Environmental Awareness Program $1,690
3 Pre-construction Surveys and Flagging $6,400
4 Project Coordination and Reporting $8,380
5 SFDWR Relocation Plan (if necessary) $4,600
6 On-call Biological Services (if necessary) $3,340
7 Concrete Monitoring $2,100
8 Invasive Species Removal $5,150
9 Post-construction Seeding $6,150
WRA Total $72,310
Starbird Consulting (60 hours at $225/hr.) $13,500
Service Order Total $85,810
Thanks again for the opportunity to provide environmental consulting services. Please let me know
you have any questions.
Sincerely,
Jodi Starbird
Principal Consultant, Starbird Consulting LLC
jodi@jodistarbird.com (408) 687-8203
SO 13 Regnart Rd 3.0
Final Audit Report 2023-07-07
Created:2023-07-07
By:Julia Kinst (juliak@cupertino.org)
Status:Signed
Transaction ID:CBJCHBCAABAA0RR0BmCisrZvFKoGlrlepR8trXT6Ae9Y
"SO 13 Regnart Rd 3.0" History
Document created by Julia Kinst (juliak@cupertino.org)
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Agreement completed.
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