16-062 David J. Powers and Associates, Vallco Environmental 9212 Report ServicesFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND DAVID J POWERS & ASSOCIATES FOR THE VALLCO
ENVIRONMENT AL 9212 REPORT SERVICES
This First Amendment to the Agreement between the City of Cupertino and David J Powers
and Associates, for reference dated July 6, 2016 , is by and between the CITY OF CUPERTINO ,
a municipal corporation (hereinafter "City") and David J Powers 7 Associates a California
Corporation ("Consultant") whose address is 1871 The Alameda, Suite 200, San Jose , California
95126 , and is made with reference to the following:
RECITALS:
A. On Apri I 1, 2016 , an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for Vallco E nvironmental 9212 Report Services.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein .
NOW , THEREFORE, it is mutually agreed by and between and undersigned patties as
fo l lows:
I. Paragraph 3 of the Agreement is modified to read as follows:
Consultant shall be compensated for additional services performed pursuant to this amendment
an additional amount of SIX THOUSAND FIVE HUNDRED DOLLARS ($6 ,500.00), for a total
not to exceed SEVENTY TWO THOUSAND FIVE HUNDRED DOLLARS ($72,500 .00) based
on the rates sand terms set forth in Exhibit "A", which is attached and incorporated by this
reference .
2. The following Exhibits to the Agreement, are added to the original scope of work and
read as shown in the attachments to this Amendment:
a . Exhibit "A "
3. Except as expressly modified herein , all other terms and covenants set fo1th in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF , the patties hereto have caused this modification of Agreement
to be executed .
CONSULTANT CITY OF CUPERTINO
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Title 7~· e/TY N6L·
By dvl'YJ·~
Title 'B-es,/! tANt
Date tj-o\\<o
RECOMMENDED FOR APPROVAL:
By: ~6--
Ti tie S-cN, 6 ,(ClJ £A\-N "'-' £11-_
APPROVED AS TO FORM:
~
~ City Attorney
July6,2016
Catarina Kidd, Senior Planner
Community Development Department
City of Cupertino
10300 Torre A venue
Cupertino , CA 95014
Sent Via Email: catar in a k@cu pe rt ino.o r g; coll ee nw@c up ert in o.org
Exhibit A
RE: The Valko Town Center Specific Plan Initiative -Environmental 9212 Report Scope of
Work Amendment
Dear Ms. Kidd ,
We are writing to request an amendment to our existing contract to provide supporting environmental
analysis for the Vallco Town Center Specific Plan Initiative 9212 Report. Initially , we budgeted $96 ,000
to complete our work. We later reduced our budget to $66 ,000 in order for the City to cover other
consultants' budgets with the acknowledgement that there would be a contingency fund available, in the
event work over budget was required .
Our work (including work by F ehr & Peers) required additional coordination and project management
beyond what was included in our existing scope, due to the complex and detailed nature of the Initiative.
In addition , the City has recently requested we prepare and present the environmental analysis findings at
the City Council hearing. This task was not part of our original scope of work. We estimate we will
require an additional $6 ,500 to cover work already completed , prepare the presentation , and attend the
City Council hearing.
This contract amendment would increase our total budget for the project from $66,000 to $72,500. All
co sts will be charged on a time and materials bas is , commensurate w ith work completed . If DJP&A does
not need all the time that has been budgeted , we will onl y bill for the time actually spent completing the
work .
If this amendment is acceptable to the City, it can be attached as an amendment to our current agreement
w ith the City: Please contact me or Kristy Weis ( 408-454-3428) if you have any questions about this
amendment or need additional information.
Sincerel y,
Jud y Shanley
President
( 408) 454-3431
jshanley@davidjpo wers .com
18 7 1 The Al ame da • Suite 2 00 •San Jo se, CA 9 51 26 •Te l: 408-24 8-3 500 •Fax: 40 8-24 8-9641 • www.davidjpowe rs.co m
AGREE:MENT BETWEEN THE CITY OF CUPERTINO AND DAVID J
POWERS AND ASSOCIATES FOR V ALLCO ENVIRONMENTAL 9212
REPORT SERVICES
THIS AGREEMENT, is entered into this 1st day of Ap1il, 2016, by and between
the CITY OF CUPERTINO, a California municipal corporation ("City"), and David J.
Powers and Associates, a California Corporation whose address is 1871 The Alameda ,
Suite 200, San Jose, California 95126 (hereinafter referred to as "Consultant")
(collectively referred to as the "Parties").
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to perform the
special services which will be required by this Agreement.
C. Consultant possesses the skill, experience, ability, background,
ce11ification 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 Vallco 9212
report services upon the terms and conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on April 1, 2016, and shall terminate
on December 31,2016, unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A", attached
hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed SIXTY SIX THOUSAND dollars
($66,000.00) based on the rates and terms set forth in Exhibit "A," which is attached
hereto and incorporated herein by this reference.
4. TIME IS OF THE ESSENCE
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
5. STANDARD OF CARE
David J Powers and Associates for Vallco 9212
April 1 , 2016
Page I of 10
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of like professionals in the San Francisco
Bay Area and agrees that all services shall be performed by qualified and experienced
personnel who are not employed by the City nor have any contractual relationship with
City.
6. INDEPENDENT PARTIES
City and Consultant intend that the relationship between them created by this
Agreement is that of 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 vi1tue of Consultant's
services. None of the benefits provided by City to its employees , including but not
limited to , unemployment insurance, workers' compensation plans , vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall not
be made for any state or federal taxes, FICA payments, PERS payments , or other
purposes normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items , if required , are the responsibility of Consultant.
7. IMMIGRATION REFORM AND CONTROL ACT (IRCA)
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant
shall indemnify and hold City harmless from and against any loss , damage, liability, costs
or expenses arising from any noncompliance of this provision by Consultant.
8. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against a job applicant, a City
employee, or a citizen by Consultant or Consultant's employee or subcontractor on the
basis of race, religious creed, color, national origin, ancestry, handicap , disability, marital
status, pregnancy, sex, age, sexual orientation, or any other protected class. Consultant
agrees that any and all violations of this provision shall constitute a material breach of
this Agreement.
9. HOLD HARMLESS
IZI Standard Indemnification:
Consultant shall, to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, with respect to all services performed
in connection with the Agreement, indemnify, defend, and hold harmless the City and its
officers, officials, agents , employees and volunteers from and against any and all liability,
claims , actions , causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature,
whether physical , emotional, consequential or otherwise, arising out, pertaining to , or
related to the negligent performance of this Agreement by Consultant or Consultant 's
employees , officers , officials, agents or independent contractors . Such costs and expenses
David J Powers and Associates for Vallco 9212
April 1 , 20 1 6
Page 2 of10
''
shall include reasonable attorneys ' fees of counsel of City 's choice , expert fees and all
other costs and fees of litigation. The acceptance of the Services by City shall not operate
as a waiver of the right of indemnification. The provisions of this Section survive the
completion of the Services or termination of this Contract.
10. INSURANCE:
A. General Requirements . On or before the commencement of the term of this
Agreement, Consultant shall furnish City with ce1tificates showing the type, amount,
class of operations covered, effective dates and dates of expiration of insurance coverage
in compliance with the requirements listed in Exhibit "D ". Such certificates, which do not
limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be canceled or
coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days' advance written notice to the City of Cupertino by certified mail,
Attention: City Manager." Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as additional
insured shall be submitted with the insurance certificates.
B. Subrogation Waiver. Consultant agrees that in the event of loss due to any
of the perils for which he/she has agreed to provide comprehensive general and
automotive liability insurance, Consultant shall look solely to his/her insurance for
recovery. Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or City
with respect to the services of Consultant herein, a waiver of any right to subrogation
which any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance.
C. Failure to secure or maintain insurance. If Consultant at any time during
the term hereof should fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Consultant's name or as an agent of the
Consultant and shall be compensated by the Consultant for the costs of the insurance
premiums at the maximum rate permitted by law and computed from the date written
notice is received that the premiums have not been paid .
D . Additional Insured . City, its City Council, boards and commissions,
officers, employees and volunteers shall be named as an additional insured under all
insurance coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such
additional insured . An additional insured named herein shall not be held liable for any
premium, deductible portion of any loss, or expense of any nature on this policy or any
extension thereof. Any other insurance held by an additional insured shall not be required
to contribute anything toward any loss or expense covered by the insurance provided by
this policy.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
David J Powers and Associates for Vallco 9212
April 1 , 20 1 6
Page 3of10
F. Maximum Coverage and Limits. It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the
specified minimum Insurance coverage requirements and /or limits shall be available to
the additional insured City. Furthermore, the requirements for coverage and limits shall
be the minimum coverage and limits specified in this Agreement, or the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the
named insured , whichever is greater.
11. CONFLICT OF INTEREST
Consultant wanants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conflict of interest form if the services
provided under this Agreement require Consultant to make certain governmental
decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of
the California Code of Regulations.
12. PROHIBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
13. SUBCONTRACTOR APPROVAL
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision of this Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor's work.
David J Powers and Associates for Vallee 9212
April 1 , 2016
Page 4of10
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement.
Subcontractor further agrees to include these same provisions with any sub -
subcontractor. A copy of the Owner Contract Document Indemnity and Insurance
provisions will be furnished to the subcontractor upon request. Consultant shall require
all subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to City.
14. PERMITS AND LICENSES
Consultant, at his/her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits , certificates and licenses including, but not
limited to , a City Business License, that may be required in connection with the .
performance of services hereunder.
15 . REPORTS
A. Each and every report, draft, work product, map , record and other
document, hereinafter collectively refen-ed to as "Report", reproduced, prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive prope11y of City . Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B . All Reports prepared by Consultant may be used by City in execution or
implementation of: (1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project; and/or (4) Other City projects as City deems appropriate .
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D . All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
16 . RECORDS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement, in sufficient detail to permit an evaluation
of services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible . Consultant
shall provide free access to such books and records to the representatives of City or its
designees at all proper times , and gives City the right to examine and audit same, and to
David J Powers and Associates for Vallco 9212
Ap:ril 1 , 2016
Page 5of 10
make transcripts therefrom as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records, together
with supporting documents, shall be kept separate from other documents and records and
shall be maintained for a period of three (3) years after Consultant receives final payment
from City for all services required under this agreement.
If supplemental examination or audit of the records is necessary due to concerns
raised by City's preliminary examination or audit of records , and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls , or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
17. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal
Code and Agreement will terminate without any penalty (a) at the end of any fiscal year
in the event that funds are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section shall take
precedence in the event of a conflict with any other covenant, term, condition, or
provision of this Agreement.
18. ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and
recycled/remanufactured toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal's
Industrial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
19. NOTICES
All notices , demands , requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter provided.
All notices, demands, requests, or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava, Assistant City Manager
David J Powers and Associates for Vallco 9212
April 1 , 2016
Page 6 of 10
TO CONSULT ANT:
David J Powers and Associates
1871 The Alameda, Suite 200
San Jose , CA 95126
Attention: Judy Shanley, President
20. TERMINATION
In the event Consultant fails or refuses to perf01m any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set forth in City 's written notice of default ,
and in addition to any other remedy available to the City by law , the City Manager may
terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. The City Manager shall also have the option, at its sole discretion
and without cause , of terminating this Agreement by giving seven (7) calendar days' plior
wlitten notice to Consultant as provided herein. Upon receipt of any notice of
termination , Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily perfo1med up to the effective
date of termination. If the termination if for cause, City may deduct from such payment
the amount of actual damage, if any, sustained by City due to Consultant 's failure to
perform its material obligations under this Agreement. Upon termination, Consultant
shall immediately deliver to the City any and all copies of studies , sketches , drawings,
computations , and other matelial or products , whether or not completed, prepared by
Consultant or gi ven to Consultant, in connection with this Agreement. Such matelials
shall become the property of City.
21. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules ,
policies and regulations enacted or issued by City.
22. CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the application of laws
of another jmisdiction. The Agreement and obligations of the parties are subject to all
valid laws, orders, rules, and regulations of the autholities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
California.
23 . ADVERTISEMENT
Consultant shall not post, exhib it , 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 plior written approval
David J Powez:s and Associates for Vallco 9212
April 1, 2016
Page 7 o f 10
has been secured from City to do otherwise.
24. WAIVER
A waiver by City of any breach of any te1m , covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent b re ach of the same or any
other te1m , covenant, or condition contained herein, whether of the same or a different
character.
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions hereof. Any modification of this Agreement
will be effective only by written execution signed by both City and Consultant.
26. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
27. INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
28. CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
David J Powers and Associates
By _.._Af-o-'--'-_;;;___ ...... -';-""""L'.l_f'N--__ , c:_~_t.-_
Title __ v_l -=-c._12 _+f-v<.,_~_· ~-~'
Date __ V"'_'J-+-__,_11.--=--+l -~-i_l_
RECOMMENDED FOR APPROVAL
Catarina Kidd, Senior Planner
Davi d J Po wers and Associates for Vallco 9212
Apri l 1, 2016
CITY OF CUPERTINO
A Municipal Corporation
By //Jd 6fuaiilav
Tit!~ ~IPIVJJGe~
Date ~~
0 Over $17 5 ,000-Counc il Approval Required
j:gJ Over $45 ,000-Department Hea d Ap proval Required
0 Up to $45 ,000-Designated Supervisor Approva l Required
Page 8 of JO
'I
APP ~OVED AS TO FORM:
lWAi?
ATTEST:
~~:_ ~,.. C'ity Clerk City Attorney
<fl
Exhibits: (Check box for exhibits that apply to thi s contract and attach)
~ Exhibit "A" -Scope of Services
D Exhibit "B"-Schedule of Performance
D Exhibit "C"-Compensation
~ Exhibit "D" -Insurance Requirements and Proof of Insurance
D Exhibit "E"-Mandated Reporting Acknowledgement
D Exhibit "F"-Background/Fingerprint/TB Declaration
D Exhibit "G "-Nondiscrimination-State/Federal/HUD funded project
D Exhibit "H" -Request for City Manager to Waive Infmmal Bidding Requirements
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
PO #2016-Slt°l
--
100-71-702 700-702
Total:
David J Powers and Associates for Vallee 9212
April 1, 2016
AMOUNT
$66,000.00
$66,000.00
Page 9of10
Exhibit A
==~ ~AY ~ J. ~OWE R~
13 ~ ~ ENVIRONMEN'I'AL CONSlil.l'ANIS & P
Catarina Kidd, Senior Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino , CA 95014
Sent Via Email: catarin ak(W,cupertino.org
RE: The Valko Town Center Specific Plan lnitiath1e-Environmental 9212 Report
Scope of Work (updated)
Dear Ms. Kidd,
Thank you for requesting David J . Powers & Associates, Inc. (DJP&A) provide an update_Q scope of
work to prepare the supporting environmental analysis for the 9212 Report for "The Vallco Town
Center Specific Plan Initiative" (Initiative). The Initiative would require the Vallco Shopping
District Special Area (Vallco) be developed in accordance with the Vallco Town Center Specific
Plan (VTCSP).
The VTCSP would allow for the development of 389 residential units, 2.0 million square feet of
office uses, 640,000 square feet of commercial uses, 100,000 square feet of public/civic space; town
squares, 30 acres of park/open space (or green roof), and 191 additional hotel rooms at Vallco .
Currently, 148 hotel rooms are allowed at Vallco under the adopted General Plan . The Initiative
would allow for a total of 339 hotel rooms at Vallco . The VTCSP specifies that additional housing
units can be approved at Vallco through a Conditional Use Permit. The VTCSP maximum building
height would be 80 feet west of Wolfe Road and 95 feet east of Wolfe Road. Development under the
VTCSP would be required to fund community benefits including transportation improvements and
school improvements with revised CUP findings from the existing Municipal Code.
We will assist City Staff with analysis related to environmental issues typical in environmental
documents including the following:
• Aesthetics • Greenhouse gas • Noise
• Air quality • Hazards and hazardous • Public services
• Biological resources materials • Population and housing
• Cultural resources • Hydrology and water quality • Recreation
• Geology and soils • Land use • Transportation
• Mineral resources • Utilities and services
1871 Th e Alamed a • Suite 200 •San Jose, CA 95126 •Te l: 40 8-24 8-3500 • Fax: 40 8-24 8-9641 • www.davidjp owe rs .co m
This scope of work assumes that the Initiative's consistency with plans and policies and fiscal
impacts and other non-environmental analysis for the 9212 Report will be provided by others.
The environmental analysis will be primarily qualitative and based on existing, available
information. DJP&A will use the technical insight and work experience gained from working on the
The Hills at Vallco EIR; however this analysis will not be a CEQA-level review of the Initiative.
The analysis for each technical issue will: 1) identify impacts that would typically be associated with
a project such as the VTCSP, 2) discuss the adequacy of the VTCSP's "environmental design
features" to mitigate environmental impacts, and 3) identify any additional mitigation measures that
could typically be required of a project such as VTCSP. This scope of work assumes the analysis of
one scenario, the implementation of VTCSP verses existing conditions.
For the transportation only, the environmental analysis will include a pa1tial peer review ofVallco's
recently submitted EA to discuss how any macro-level assumptions (e.g., baseline) in the EA are
different than what the City would require if it were processing a specific plan application. The
traffic analysis will be completed by Fehr & Peers.
We estimate we will be able to complete the report for $66,000 (DJP&A in-house budget: $30,000;
Fehr & Peers budget $36,000).1 Our scope of work is flexible and can be modified as needed,
schedule and budget permitting, to address changes in approach, attendance of meetings/hearings,
extensive coordination, etc. All costs will be charged on a time and materials basis, commensurate
with work completed, in accordance with the charge rates outlined on the following page. Payment
will be due on a monthly basis. If DJP&A does not need all the time that has been budgeted, we will
only bill for the time actually spent completing the work.
If this proposal is acceptable to the City, it can be attached as a scope of work to the City's standard
consultant agreement. Please contact me or Kristy Weis (408-454-3428, kweis@ davidjpowers.com)
if you have any questions about this proposal or need additional information.
Sincerely,
Judy Shanley
President
( 408) 454-3431
j shanley@david j powers .com
1 DJP&A subconsultant and reimbursable expenses include our standard 15 percent administrative fee.
2
1871 The Alameda• Suite 200 •San Jose, CA 95126 •Tel : 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers .com
CHARGE RATE SCHEDULE 2
Hourlv Rate
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
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.
Subject to revision July 1, 2017.
2 David J. Po wers & Associates, Inc . pro vi des regular, clear and accurate in vo ices as the work on this project
proceeds, in accordance with normal company billing procedures. The cost estimate prepared for this project does
not include special accounting or bookkeeping procedures, nor does it include preparation of extraordinary or unique
statements or invoices. If a special invoice or accounting process is requested, the service can be provided on a time
and materials basis. Any fees charged to DJP&A for Client's third-party services related to invoicing, insurance
certificate maintenance, or other administrative functions will be billed as a reimbursable expense.
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1871 The Alameda• Suite 200 • San Jose, CA 95126 •Tel: 408-248-3500 •Fax : 408-248-9641 • www.davidjpowers.com
Exhibit D
Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named
as additional insured.
Consultant shall maintain the following minimum insurance coverage:
A. COVERAGE:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
$1,000,000 aggregate -all other
Property Damage: $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
(4) Professional Liabilitv
Professional liability insurance which includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000.
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Cupcnino Standa rd Fonn Contract-updated ~015