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25-074 David J. Powers & Associates, Inc. for Environmental Consulting Services for 10857 Linda Vista Dr.
Page 1 of 9 Professional/Consulting Contracts /Version: March 2025 PROFESSIONAL/CONSULTING SERVICES AGREEMENT 1. PARTIES This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and David J. Powers & Associates, Inc. (“Contractor”), a Corporation for Environmental Consulting Services at 10857 Linda Vista Drive, and is effective on the last date signed below (“Effective Date”). 2. SERVICES 2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19. 2.2 Contractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement. 3. TIME OF PERFORMANCE 3.1 This Agreement begins on the Effective Date and ends on April 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy. 3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B. 3.3 Time is of the essence for the performance of all the Services. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time. Page 2 of 9 Professional/Consulting Contracts /Version: March 2025 4. COMPENSATION 4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $134,267.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City. 4.2 Invoices and Payments. Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement. 5. INDEPENDENT CONTRACTOR 5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City. 5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and in accordance with the standard of care applicable to similarly experienced or situated contractors providing similar services. 5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code. 5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor. 5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement. 5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf Page 3 of 9 Professional/Consulting Contracts /Version: March 2025 of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above. 6. PROPRIETARY/CONFIDENTIAL INFORMATION In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data. 7. OWNERSHIP OF MATERIALS 7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City. 7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights. Contractor may use copies of the Work Product for promotion only with City’s written approval. 7.3 Patents and Licenses. Contractor must pay royalties or license fees required for authorized use of any third party intellectual property, including but not limited to patented, trademarked, or copyrighted intellectual property if incorporated into the Services or Work Product of this Agreement. 7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following: (a) The original Services for which Contractor was hired; (b) Completion of the original Services by others; (c) Subsequent additions to the original Services; and/or (d) Other City projects. Page 4 of 9 Professional/Consulting Contracts /Version: March 2025 7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single-sided original. 8. RECORDS Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment. Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided. 9. ASSIGNMENT Contractor 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 will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity. 10. PUBLICITY / SIGNS Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City. 11. INDEMNIFICATION 11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, and volunteers, (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following: Page 5 of 9 Professional/Consulting Contracts /Version: March 2025 (a) Contractor’s’ breach of contract, obligations, representations, or warranties hereunder; (b) Negligent or reckless acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the negligent or reckless acts or willful misconduct of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party. 11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement. 11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee. 11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction. 11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement. Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder. 11.6. This Section 11 shall survive termination of the Agreement. 12. INSURANCE Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D, and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement. 13. COMPLIANCE WITH LAWS 13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act. Page 6 of 9 Professional/Consulting Contracts /Version: March 2025 13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws. 13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired-Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision. 13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees. 13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement. 14. PROJECT COORDINATION City Project Manager. The City assigns Emi Sugiyama as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor. Contractor Project Manager. Subject to City approval, Contractor assigns Nick Towstopiat as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative. 15. ABANDONMENT OF PROJECT City may abandon or postpone the Project or parts therefor at any time. Contractor will be Page 7 of 9 Professional/Consulting Contracts /Version: March 2025 compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services. 16. TERMINATION City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. 17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact. 18. ATTORNEY FEES If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs. 19. THIRD PARTY BENEFICIARIES There are no intended third party beneficiaries of this Agreement. 20. WAIVER Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach. 21. ENTIRE AGREEMENT This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling. Page 8 of 9 Professional/Consulting Contracts /Version: March 2025 22. INSERTED PROVISIONS Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate. 23. HEADINGS The headings 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. 24. SEVERABILITY/PARTIAL INVALIDITY If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent. 25. SURVIVAL All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect. 26. NOTICES All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission: To City of Cupertino Office of the City Manager 10300 Torre Ave. Cupertino, CA 95014 Attention: Emi Sugiyama Email: EmiS@cupertino.gov To Contractor: Davide J. Powers & Associates 1871 The Alameda, Suite 200 San Jose, CA 95126 Attention: Nick Towstopiat Email: ntowstopiat@davidjpowers.com 27. EXECUTION The person executing this Agreement on behalf of Contractor represents and warrants that Contractor has full right, power, and authority to enter into and carry out all actions contemplated Page 9 of 9 Professional/Consulting Contracts /Version: March 2025 by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Contractor. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CITY OF CUPERTINO CONTRACTOR A Municipal Corporation By By Name Name Title Title Date Date APPROVED AS TO FORM: MICHAEL K. WOO Senior Assistant City Attorney ATTEST: KIRSTEN SQUARCIA City Clerk DATE: Kristy Weis Vice President/Principal Project Manager 05/20/2025 Michael K Woo Benjamin Fu Benjamin Fu Director of Community Development 05/20/2025 Kirsten Squarcia 05/21/2025 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com March 19, 2025 Emi Sugiyama, Associate Planner Community Development City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Sent via email to: emis@cupertino.org RE: Request for Proposal - Environmental Consulting Services for TM-2024-009 at 10857 Linda Vista Drive (Revised) Dear Emi Sugiyama: Thank you for continuing to coordinate with us about the proposed residential project at 10857 Linda Vista Drive. We appreciate having the opportunity to work with the City after having recently completed the environmental review for the Memorial Park Specific Plan in 2024. David J. Powers & Associates, Inc. (DJP&A) is pleased to provide you with the attached, revised scope of work to prepare a Categorical Exemption Memorandum for the project. This revised version includes an alternative environmental review approach of preparing an Environmental Impact Report (EIR) for the project, if it is determined that the project would not qualify for a Categorical Exemption, and preparation of the peer review for the required transportation analyses. Our scope is based on our understanding of the project, familiarity with the project area, and work on similar projects. If this proposal is acceptable to the City, it can be attached to the City’s standard consultant agreement. Please do not hesitate to contact Nick Towstopiat (direct line: 650-454-3407, email: ntowstopiat@davidjpowers.com) or me if you have any questions regarding this proposal. Sincerely, Kristy L. Weis Vice President & Principal Project Manager Direct: (408) 454-3428 Email: kweis@davidjpowers.com Attachments: Scope of Work Charge Rate Schedule Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com 10857 Linda Vista Drive Residential Project Categorical Exemption Memorandum Scope of Work (Revised) March 19, 2025 Primary Contact and Key Personnel The primary David J. Powers & Associates, Inc. (DJP&A) contact information is provided below. Name: Nick Towstopiat Direct: (408) 454-3407 Email: ntowstopiat@davidjpowers.com Nick will be the City’s primary point of contact and the dedicated Project Manager for this project. As the dedicated Project Manager for this project, Nick will serve as the single point-of-contact from project inception to approval of the environmental documents. Nick is committed to providing superior client service and project management. In addition to Nick, Kristy L. Weis will serve as the Principal Project Manager for this project. Kristy will oversee the environmental review for this project, assist with key environmental issues, and will be responsible for overall quality assurance. Nick Towstopiat Primary Point of Contact Dedicated Project Manager Direct: (408) 454-3407 Email: ntowstopiat@davidjpowers.com Kristy L. Weis Principal Project Manager Direct: (408) 454-3428 Email: kweis@davidjpowers.com 1 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Project Understanding The project site is comprised of four parcels totaling 2.53 acres (Assessor’s Parcel Numbers [APNs]: 356-06-001, 356-06-002, 356-06-003, and 356-06-004) located at 10857, 10867, 10877, and 10887 Linda Vista Drive in the City of Cupertino. The site currently contains four single-family residences. The project proposes to demolish all existing improvements on-site to construct 51 townhouse condominium units across 10, three-story buildings. In addition, the project would include the removal of several existing trees on-site. It is our understanding that the project is consistent with the existing General Plan land use designation of Residential – Medium/ High Density and the existing zoning of Multi-Family Residential/Townhome (R3/TH); however, the project will request several Density Bonus waivers and incentives that it would be entitled to under the State Density Bonus Law. This scope assumes that a General Plan amendment and/or rezoning would not be required. Scope of Services David J. Powers & Associates, Inc. (DJP&A) will prepare a Categorical Exemption Memorandum to analyze the proposed project’s consistency with the Class 32 (Infill Development) exemption criteria and confirm that the proposed project does not meet any of the exceptions for exemptions identified in California Environmental Quality Act (CEQA) Guidelines Section 15300.2. Our scope includes the following tasks: confirmation of qualification for exemption, peer review of technical reports, preparation of a draft and final Categorical Exemption Memorandum, filing the Notice of Exemption (NOE), attendance of meetings, and project management and contract administration. If it is determined during the confirmation of qualification for exemption step or during the peer reviews of the provided technical reports that the project would not qualify for a Categorical Exemption, DJP&A will prepare an Environmental Impact Report (EIR) for the project. The tasks and costs related to each of these two environmental review approaches are described in further detail below. Confirmation of Qualification for Exemption CEQA Guidelines Section 15332 Infill Development Projects consists of projects characterized as in- fill development meeting the conditions below: a) The project is consistent with the applicable general plan designation and all applicable general plan policies as well as with applicable zoning designation and regulations. b) The proposed development occurs within city limits on a project site of no more than five acres substantially surrounded by urban uses. c) The project site has no value as habitat for endangered, rare or threatened species. d) Approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality. e) The site can be adequately served by all required utilities and public services. 2 Environmental Consultants and Planners EXHIBIT A 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com As part of this scope of work, DJP&A will confirm the proposed project’s qualification for the above exemption. To do this, DJP&A will 1) review the technical studies and associated peer reviews (which are described below), 2) draft a project description and submit it to the City to confirm we have a complete and accurate understanding of the project, 3) review items including, but not limited to, provided project-specific documentation, existing City policies, and previously completed CEQA documents, and 4) confirm the project would not meet any of the exceptions outlined in CEQA Guidelines Section 15300.2. Peer Review of Technical Reports To support a Categorical Exemption Memorandum, the City has provided (or will provide) several technical reports prepared by the applicant’s consultant team. These technical reports will be peer reviewed by technical experts under contract to DJP&A, as described in further detail below. This scope of work assumes that all technical reports requiring peer review (as discussed below) will be available upon our authorization to begin the work outlined in this proposal. Air Quality Assessment – The provided Air Quality Assessment will be peer reviewed by Ramboll Americas Engineering Solutions, Inc. (Ramboll) under contract to DJP&A. This peer review will include an evaluation of the completed Air Quality Assessment, a summary of any potential deficiencies (if any), and an outline of proposed revisions (if any are needed). This scope assumes the peer review will conclude the Air Quality Assessment is complete and adequate and no revisions or subsequent review are required. Biological Assessment – The provided Biological Assessment will be peer reviewed by H.T. Harvey & Associates, Inc. under contract to DJP&A. This peer review will include verification of biological resources with potential to occur on the site and an outline of issues, if any, that may require further assessment. This scope assumes the peer review will conclude the Biological Assessment is complete and adequate and no revisions or subsequent review are required. Historic Resource Evaluation – All four existing single-family residences on-site are over 50 years old and could be eligible to be considered historic resources. For this reason, a Historic Resource Evaluation will be prepared by the applicant’s consultant team, and the Historic Resource Evaluation will be peer reviewed by Archaeological/Historical Consultants (A/HC), Inc. under contract to DJP&A. This scope assumes the peer review will conclude the Historic Resource Evaluation is complete and adequate and no revisions or subsequent review are required. In addition, given the project site’s proximity to Stevens Creek, the applicant’s consultant team will evaluate the site’s potential archaeological sensitivity based on a literature review summarizing the search results for records in the project vicinity from the California Historical Resources Information System/Northwest Information Center at Sonoma State University. This literature review will be peer reviewed by A/HC under contract to DJP&A. This scope assumes the peer review will conclude the literature review is complete and adequate and no revisions or subsequent review are required. Environmental Noise Assessment – The provided Environmental Noise Assessment will be peer reviewed by Bollard Acoustical Consultants, Inc. under contract to DJP&A. This peer review will evaluate the applied acoustical criteria, completed ambient noise surveys, 3 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com impact assessment methodology, and the adequacy of any required mitigation measures. This scope assumes the peer review will conclude the Environmental Noise Assessment is complete and adequate and no revisions or subsequent review are required. Geotechnical Report – It is anticipated that a Geotechnical Report will be prepared by a separate consultant and peer reviewed by a City-contracted, third-party consultant. This scope of work includes limited time to coordinate with the geotechnical consultant and third-party consultant to incorporate their findings and recommendations into our Categorical Exemption Memorandum. Phase I Environmental Site Assessment and Phase II Limited Soil Sampling Report – The project site is not located on the Cortese List.1 The provided Phase I Environmental Site Assessment and Phase II Limited Soil Sampling Report (Phase I and Phase II) will be peer reviewed by Farallon Consulting, L.L.C. under contract to DJP&A. This scope assumes the peer review will conclude the Phase I and Phase II are complete and adequate and no revisions or subsequent review are required. Transportation Analysis and Trip Generation and Vehicle Miles Traveled (VMT) Study – It is anticipated that a Transportation Analysis and Trip Generation/VMT Study will be prepared by a separate consultant and provided to the City. These analyses will be peer reviewed by Fehr & Peers, under contract to DJP&A, to determine whether the analyses conform to the requirements outlined in the City’s Transportation Study Guidelines and Municipal Code Chapter 17.08. The findings of the peer review will be summarized in a technical memorandum, and this scope assumes the peer review will conclude the analyses are complete and adequate and no revisions or subsequent review are required. In the event any of the scoped peer reviews require subsequent coordination and/or review of revised reports (e.g., to confirm that necessary revisions have been made), an amendment to this scope will be required. Based upon our current understanding of the project and feedback from the City, no other technical reports are anticipated for the project. The Categorical Exemption Memorandum will discuss other key environmental issues for the project based on existing and available information, as discussed in further detail below. Project Description DJP&A will draft a CEQA project description and provide it to the City to review for accuracy. The project description will be based on project information to be provided by the applicant/City and include supporting figures such a location map and site plan. This scope assumes one round of review by the City of the draft project description. DJP&A will finalize the project description based on City comments. 1 California Environmental Protection Agency. “Cortese List Data Resources.” Accessed January 6, 2025. https://calepa.ca.gov/sitecleanup/corteselist/. 4 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Approaches for Completing the Environmental Review Approach 1: Preparation of Categorical Exemption Memorandum and Filing of NOE If the project is determined to qualify for an exemption with the completion of the tasks described above (including the peer review of all technical reports) and the project description is finalized, DJP&A will prepare the draft Categorical Exemption Memorandum and submit an electronic version to the City for review and comment. In addition to summarizing the information included in the technical reports and their respective peer reviews, the Categorical Exemption Memorandum will include discussion regarding the following key environmental resource areas. Hydrology and Water Quality – DJP&A will rely on information provided by the project applicant and available information and the analyses in previously completed CEQA documents (e.g., General Plan EIR, General Plan 2040 and Zoning Code Amendments Environmental Assessment, etc.) to discuss potential impacts to hydrology and water quality. Public Services – DJP&A will utilize available information and the analyses in previously completed CEQA documents (e.g., General Plan EIR, General Plan 2040 and Zoning Code Amendments Environmental Assessment, etc.) to discuss potential impacts to public services. Utilities and Service Systems – DJP&A will rely on information provided by the project applicant and City Public Works Department, and available information and the analyses in previously completed CEQA documents (e.g., General Plan EIR, General Plan 2040 and Zoning Code Amendments Environmental Assessment, etc.) to discuss potential impacts to utilities and service systems. After the City has reviewed the draft Categorical Exemption Memorandum, DJP&A will revise the document based on comments received from the City and submit an electronic copy of the final Categorical Exemption Memorandum for posting on the City’s website. DJP&A will also prepare the NOE for the project in accordance with CEQA and City of Cupertino requirements. The NOE will include a brief project description, date of project approval, and a determination of the project’s exempt status. This scope of work includes one round of City review for the draft NOE. DJP&A will assist with filing the NOE at the Office of the County Clerk-Recorder and the State Clearinghouse, and will handle payment of the necessary County Administrative fee for filing at the Office of the County Clerk-Recorder. Meetings and Hearings This approach includes DJP&A attendance at up to two project meetings. This approach does not include DJP&A attendance at any public hearings, nor attendance of DJP&A subconsultants at meetings or hearings. DJP&A (and/or DJP&A subconsultants) can attend public hearings or additional meetings requested on a time and materials basis. 5 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Project Management and Contract Administration DJP&A will provide general project management, contract administration, and coordination with the City and project team throughout the preparation of the Categorical Exemption Memorandum. The DJP&A Project Manager will coordinate with the City on a regular basis using email and telephone communications. Deliverables This approach includes the following deliverables: Air Quality Assessment Peer Review Biological Resources Assessment Peer Review Historic Resource Evaluation Peer Review Environmental Noise Assessment Peer Review Literature Review Peer Review Phase I and Phase II Peer Review Transportation Analyses Peer Reviews Draft and Final Categorical Exemption Memorandum Draft and final NOE Approach 2: Environmental Impact Report It is assumed that DJP&A will begin the environmental review process for this project by evaluating the project’s qualification for a Categorical Exemption and preparing peer reviews of the technical reports provided by the applicant and City. If it is determined that the project would not qualify for a Categorical Exemption during either of these steps, DJP&A will pivot to preparing an EIR for the project. This environmental review approach includes: 1) preparation of the Administrative Draft EIR and Notice of Preparation (NOP); 2) preparation of the Draft EIR and Notice of Completion (NOC); 3) preparation of the Final EIR, Mitigation Monitoring and Reporting Program (MMRP), and other related items; 4) meeting and hearing attendance; and 5) project management and contract administration. These tasks are described below. Administrative Draft EIR and Notice of Preparation Kick-Off Meeting and EIR Initiation After confirming with the City that an EIR will be required for the project, DJP&A will attend one EIR kick-off meeting with the City and the project team to discuss the project, further refine the EIR scope as needed, identify alternatives, and coordinate the scheduling and preparation of the EIR. 6 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Notice of Preparation DJP&A will prepare the NOP, utilizing the project description prepared in the earlier task, for circulation by the City of Cupertino. The NOP will include a brief project description, project location map, and discussion of potential environmental effects of the project. The text of the EIR will incorporate relevant issues raised in the responses to the NOP received during the 30-day NOP circulation period. Preparation of Administrative Draft EIR DJP&A will prepare an EIR consistent with the requirements of CEQA and the City of Cupertino. The EIR will include an introduction, summary, project description, environmental setting, discussion of environmental impacts, and mitigation measures to reduce significant impacts. Upon completion of the Administrative Draft EIR (ADEIR), DJP&A will submit an electronic copy of the document to the City for review and comment. The main sections of the EIR are described below. Introduction The introduction to the EIR will describe the purpose of the EIR, provide a general overview of the CEQA process, and describe the public participation process and opportunities for input. EIR Summary A summary of the EIR will include a brief description of the proposed project and identify the impacts of the project and proposed mitigation measures in tabular format. The summary will also briefly describe the project alternatives and address any known areas of public controversy. Project Description The project description will be included in the EIR and include a list of project objectives, necessary discretionary actions, and decision-making agencies. Maps and graphics will be provided to illustrate the text. Existing Environmental Setting, Impacts, and Mitigation Measures The EIR will provide: 1) a detailed description of the existing environmental setting, based on the conditions that exist at the time the NOP is released; 2) impacts that may result from the proposed project; and 3) feasible mitigation measures to avoid or reduce impacts to a less than significant level. A discussion of the project’s consistency with applicable plans and policies will be included with particular attention given to inconsistencies, if any are identified. The EIR will address all the environmental resource areas and checklist questions in Appendix G of the CEQA Guidelines and be informed by the provided technical reports and their respective peer reviews, information provided by the project applicant and City Public Works Department, and available information and the analyses in previously completed CEQA documents (e.g., General Plan EIR, General Plan 2040 and Zoning Code Amendments Environmental Assessment, etc.), consistent 7 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com with what was described above for preparation of the Categorical Exemption Memorandum. In addition, for the EIR approach only, DJP&A will submit a Sacred Lands File Search to the Native American Heritage Commission. This scope assumes the City will be responsible for complying with Assembly Bill (AB) 52 and provide DJP&A with the necessary information to incorporate into the EIR discussion for tribal cultural resources. If the City needs assistance with AB 52 compliance, DJP&A can provide that on a times and materials basis upon authorization by the City. Pursuant to CEQA, the EIR will also include a discussion of cumulative impacts; alternatives; growth inducing impacts; significant, unavoidable impacts; significant irreversible environmental changes; references; and lead agency and consultants. Draft EIR and Notice of Completion Revision of Administrative Draft EIR/Preparation of Draft EIR Once the City provides DJP&A with comments on the ADEIR, DJP&A will revise the document and submit an electronic copy to the City for final review and comment. This scope of work assumes two rounds of review by the City. DJP&A will provide the City with up to three hard copies of the Draft EIR for public distribution and a PDF of the document for posting on the City’s website. Notice of Completion DJP&A will prepare the Notice of Completion (NOC), in accordance with the CEQA and City of Cupertino requirements. The NOC will include a brief description of the project, the project location, and will state where copies of the Draft EIR are available for review. DJP&A will submit an electronic draft of the NOC to the City for review and comment. DJP&A will revise and finalize the NOC based on City comments. DJP&A will transmit the NOC and copies of the EIR to the State Clearinghouse on behalf of the City. This scope assumes that the City will handle preparation and posting of the Notice of Availability for the Draft EIR. Final EIR, Mitigation Monitoring and Reporting Program, and Other Related Items Preparation of Final EIR Upon completion of the 45-day Draft EIR circulation period, DJP&A will prepare an Administrative Draft Final EIR. The Final EIR will contain the following: • List of persons and agencies who commented on the Draft EIR; • Responses to comments on the Draft EIR; • Revisions to the EIR text, as necessary; and • Copies of letters received on the Draft EIR. This scope of work assumes approximately 10 hours of Principal Project Manager time and 25 hours of Project Manager time to respond to comments and complete the Final EIR. If additional effort is 8 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com required, it can be completed on a time and materials basis, in accordance with the fee schedule, which follows. An electronic copy of the Administrative Draft Final EIR will be submitted to City Staff for review. Once the City provides DJP&A with comments on the Administrative Draft Final EIR, DJP&A will revise the document and submit an electronic copy to the City for final review and comment. This scope of work assumes two rounds of review by the City. The document will be revised per the comments received, and DJP&A will provide up to three hard copies of the Final EIR to the City for public distribution. DJP&A will also provide the City with a PDF of the document for posting on the City’s website and assist with filing the Final EIR at the State Clearinghouse. Preparation of Mitigation Monitoring and Reporting Program DJP&A will prepare a draft MMRP for the project. The MMRP will summarize the mitigation measures identified, when mitigation measures will be implemented, who will be responsible for implementation, and who will provide oversight. DJP&A will submit a draft of the MMRP for the City’s use prior to the project hearing. Notice of Determination DJP&A will prepare a Notice of Determination (NOD), in accordance with CEQA and City of Cupertino requirements. The NOD will include a brief project description, date of project approval, determination of the project’s environmental effects, mitigation measures and conditions of approval, statement whether overriding considerations were adopted, and the location where the Final EIR and record of project approval may be examined. DJP&A will submit an electronic copy of the draft NOD for the City’s review. Based on comments received from the City, DJP&A will revise and finalize the NOD. An electronic copy of the finalized NOD will be submitted to the City. DJP&A will assist with filing the NOD at the Office of the County Clerk-Recorder and the State Clearinghouse, and will handle payment of the necessary California Department of Fish & Wildlife fee for filing at the Office of the County Clerk-Recorder. Meetings and Hearings This scope of work includes DJP&A attendance at an EIR kick-off meeting, up to two project meetings, and two public hearings (e.g., one Planning Commission hearing and one City Council hearing). This scope does not include meeting or hearing attendance by DJP&A subconsultants. DJP&A (and DJP&A subconsultants) can attend additional public hearings or meetings requested on a time and materials basis. Project Management and Contract Administration DJP&A will provide general EIR project management, contract administration, and coordination with the City and project team throughout the EIR process. The DJP&A Project Manager will coordinate with the City on a regular basis using email and telephone communications. 9 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Deliverables This approach includes the following deliverables: Air Quality Assessment Peer Review Biological Resources Assessment Peer Review Historic Resource Evaluation Peer Review Environmental Noise Assessment Peer Review Literature Review Peer Review Phase I and Phase II Peer Review Transportation Analyses Peer Reviews ADEIR, DEIR, Administrative Draft Final EIR, Final EIR Draft and final NOP, NOC, MMRP, NOD 10 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Estimated Schedule/Timeline DJP&A proposes the following optimum schedule (or timeline) for preparation of the Categorical Exemption Memorandum and EIR. DJP&A can commit to maintain the schedule in the areas that are within our control. Completion of the Categorical Exemption Memorandum (or EIR), as outlined in the schedule below, is based upon receipt of project information listed on the following page in accordance with the schedule. Delays in receiving requested information or responses by others will result in at least day-for-day delays in the overall schedule. Categorical Exemption Approach EIR Approach Task Duration of Task Time Elapsed Task Duration of Task Time Elapsed 1. DJP&A receives authorization to proceed, requested project information, and copies of any technical reports requiring peer review 1 day --- 2. DJP&A prepares draft project description and submits it to the City for review and comment. City reviews draft project description and provides DJP&A with a consolidated set of comments. DJP&A finalizes project description and submits it to the City. 2 weeks 2 weeks Same as Tasks 1-4 for the Categorical Exemption Approach 3. Concurrent with Task 2, DJP&A subconsultants complete peer reviews of provided technical reports (Air Quality, Archaeological, Biological, Historic, Noise, Phase I/II, Transportation Analyses)2 6 weeks 6 weeks 4. DJP&A coordinates with the City and confirms the appropriate environmental review approach based on work completed in Tasks 1-3 above. 1 week 7 weeks 5. DJP&A submits draft Categorical Exemption Memorandum to the City three weeks after completion of last peer review 3 weeks 10 weeks 4. DJP&A prepares draft NOP and submits to the City for review 1 week 8 weeks 2 This scope of work assumes that one round of peer reviews will be sufficient and that no revisions would be needed that would require a second round of peer reviews. Should an additional round of peer reviews be required for any of the provided technical reports, additional time and budget would be required. 11 Environmental Consultants and Planners EXHIBIT B 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Categorical Exemption Approach EIR Approach Task Duration of Task Time Elapsed Task Duration of Task Time Elapsed 6. City completes review of draft Categorical Exemption Memorandum; DJP&A submits draft NOE to the City for review and comment 2 weeks 12 weeks 5. City reviews draft NOP and provides comments 1 weeks 9 weeks 7. DJP&A addresses City comments and submits final Categorical Exemption Memorandum; City completes review of draft NOE and provides DJP&A with comments 1 weeks 14 weeks 6. DJP&A finalizes NOP and submits to City for circulation 0.5 weeks 9.5 weeks 8. DJP&A finalizes the NOE and files it at the State Clearinghouse and Office of the County Clerk-Recorder 1 week 15 weeks 7. 30-day NOP circulation period and EIR scoping meeting completed 4 weeks 13.5 weeks 8. DJP&A completes ADEIR to the City for review (4 weeks after confirmation an EIR is required) 4 weeks 11 weeks 9. City reviews the ADEIR and provides consolidated comments to DJP&A 3 weeks 14 weeks 10. DJP&A revises ADEIR per City comments and submits Screencheck EIR and draft MMRP and NOC 2 weeks 16 weeks 11. City Staff reviews Screencheck EIR and draft MMRP and NOC, and provides DJP&A with consolidated comments 1 week 17 weeks 12. DJP&A revises Screencheck EIR, draft MMRP, and NOC per comments received, finalizes and prints EIR for circulation 1 week 18 weeks 13. 45-day Draft EIR circulation period complete 6.5 weeks 24.5 weeks 14. City provides DJP&A with public comments received on the Draft EIR 0.5 weeks 25 weeks 15. DJP&A submits Administrative Draft Final EIR to City for review 3 weeks 28 weeks 16. City completes review of Administrative Draft Final EIR and provides consolidated comments to DJP&A 2 weeks 30 weeks 17. DJP&A revises document per comments received and submits Screencheck Final EIR to the City for final review 2 weeks 32 weeks 12 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Categorical Exemption Approach EIR Approach Task Duration of Task Time Elapsed Task Duration of Task Time Elapsed 18. City completes review of Screencheck Final EIR and provides DJP&A with a final set of comments 1 week 33 weeks 19. DJP&A finalizes and submits the Final EIR to the City 1 week 34 weeks 20. 10-day Final EIR public circulation 1.5 weeks 35.5 weeks 21. DJP&A compiles the information from the EIR for the findings and drafts the NOD, and submits to the City (concurrent with Final EIR public circulation) 1.5 weeks 35.5 weeks Total +/- 15 weeks +/- 35.5 weeks Note: City review times outlined in the schedule above are estimates based on our experience on similar projects. The estimated schedule can be further refined upon authorization to begin work on the project. 13 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Project Information Required Our scope (including schedule) is based on the assumption that we will receive the below project information concurrent with the authorization to proceed. This scope also assumes the City will provide DJP&A any and all revisions to the plan set/project description in a timely manner. If DJP&A completes work based upon an obsolete or inaccurate plan set/project description, the environmental review schedule and potentially DJP&A’s budget may increase, due to additional time required to revise the document and the need for possible updates to technical reports. □ = project information outstanding = project information provided Project Plan Set (in PDF) □ Project plan set (e.g., Site Plan, Landscaping Plan, Stormwater Control Plan, Utility Plan, Grading plan, Parking and Circulation plan, Building Elevations/Cross-Sections) Project Details □ Written description of the project, including maximum development assumptions and discretionary approvals □ Construction details, including duration, maximum depth of excavation, total amount of cut/fill □ Utility improvements □ Right of way improvements □ Green building measures, LEED or Greenpoint certification details □ List of Best Management Practices to conform to Provisions C.3 of the NPDES permit □ Confirmation the project would comply with all the Bay Area Air District requirements for a less than significant greenhouse gas impact3 Technical Reports/Information Air Quality Assessment Biological Resources Assessment Environmental Noise Assessment Historic Resource Evaluation Literature Review Phase I and Phase II □ Geotechnical Report □ Transportation Analysis and Trip Generation □ VMT Study □ List of cumulative projects, including those of the same type as the proposed in the project area 3 This scope assumes the project would comply with the necessary requirements, therefore, not technical greenhouse gas analysis is proposed for the EIR approach. 14 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Cost Estimate Based on our understanding of the project and technical support required, the cost for preparation of the Categorical Exemption Memorandum is estimated not to exceed $76,810. A breakdown of the cost estimate is provided below. This breakdown also includes the cost estimates for preparing an EIR for the project, should it be determined that the project does not qualify for a Categorical Exemption. The cost for preparation of an EIR is estimated not to exceed $122,061. In addition, this contract includes a 10 percent contingency of $12,206, which brings the total to $89,016 for a Categorical Exemption Memorandum or $134,267 for an EIR. The intent of the contingency is to cover unanticipated tasks that may arise during the environmental review process and it will not be used unless authorized by the City in writing. Costs will be charged on a time and materials basis, commensurate with work completed, in accordance with the attached charge rate schedule. This scope and budget assume the project will proceed in accordance with the schedule on the previous page. The budget is based on the anticipated amount of work that would occur during the estimated duration of the project. If the schedule extends beyond the anticipated timeframe due to factors outside of DJP&A’s control, and/or if the project includes multiple stops and starts, the proposed budget would need to be increased to account for the additional time spent. A. David J. Powers & Associates, Inc. CE Memo EIR Preparation of Environmental Documentation $25,637 $66,518 Reimbursables (travel, fee payment, printing hard copies, etc.)* $100 $4,470 B. Subconsultants* Archaeological/Historical Consultants (Historical Resources Evaluation and Literature Review Peer Reviews) $5,116 $5,116 Bollard Acoustical Consultants, Inc. (Environmental Noise Assessment Peer Review) $5,750 $5,750 Farallon Consulting, L.L.C. (Phase I and Phase II Peer Reviews) $4,025 $4,025 Fehr & Peers (Transportation Analyses Peer Reviews) $17,250 $17,250 H.T. Harvey & Associates, Inc. (Biological Assessment Peer Review) $9,157 $9,157 Ramboll (Air Quality Assessment Peer Review) $9,775 $9,775 Subtotal (A+B) $76,810 $122,061 C. 10 Percent Contingency $12,206 $12,206 Total (A+B+C) $89,016 $134,267 * Subconsultant and select reimbursable expenses include our standard 15 percent administrative fee. Note the filing fee for an EIR is greater than the filing fee for an NOE. 15 EXHIBIT C 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com Please note that the cost estimate shown is a not-to-exceed total amount for all tasks combined. DJP&A will complete the Categorical Exemption Memorandum (or EIR) for the not-to- exceed total. Within this not-to-exceed total, actual amounts spent on individual tasks/items may be more or less than the estimates. 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. Our invoices will be submitted on a monthly basis and are payable upon receipt. DJP&A provides regular, clear and accurate invoices 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. This scope is valid for 90 days and assumes that no issues arise that would require any additional technical analysis or documentation. In the event additional technical analysis is required, we can complete that work on a time and materials basis, upon your authorization. Project description changes after our notice to proceed is received may have schedule and budget implications. Charge Rate Schedule Title Hourly Rate Senior Principal $350 Principal Project Manager $322 Senior Environmental Specialist $274 Senior Project Manager $251 Environmental Specialist $235 Project Manager $224 Associate Project Manager $197 Assistant Project Manager $165 Researcher $142 Graphic Artist $132 Notes: 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 January 1, 2026. 16 Environmental Consultants and Planners Linda Vista Drive Condo Project - Scope of Work (DJP&A) - Revised 3.19.25 Final Audit Report 2025-03-19 "Linda Vista Drive Condo Project - Scope of Work (DJP&A) - Re vised 3.19.25" History Document created by Nick Towstopiat (ntowstopiat@davidjpowers.com) 2025-03-19 - 9:47:56 PM GMT Document emailed to Kristy Weis (kweis@davidjpowers.com) for signature 2025-03-19 - 9:48:41 PM GMT Email viewed by Kristy Weis (kweis@davidjpowers.com) 2025-03-19 - 9:51:42 PM GMT Document e-signed by Kristy Weis (kweis@davidjpowers.com) Signature Date: 2025-03-19 - 9:53:19 PM GMT - Time Source: server Agreement completed. 2025-03-19 - 9:53:19 PM GMT Created: By: Status: 2025-03-19 Nick Towstopiat (ntowstopiat@davidjpowers.com) Signed Transaction ID: CBJCHBCAABAAaffD8Muyx2Bmxe440k5L9ixQ_FbR7vo7 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INSURER(S) AFFORDING COVERAGE INSURER F : INSURER E : INSURER D : INSURER C : INSURER B : INSURER A : NAIC # NAME:CONTACT (A/C, No):FAX E-MAILADDRESS: PRODUCER (A/C, No, Ext):PHONE INSURED REVISION NUMBER:CERTIFICATE NUMBER:COVERAGES IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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. OTHER: (Per accident) (Ea accident) $ $ N / A SUBR WVD ADDL INSD THIS IS TO CERTIFY THAT THE 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 SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $ $ $ $PROPERTY DAMAGE BODILY INJURY (Per accident) BODILY INJURY (Per person) COMBINED SINGLE LIMIT AUTOS ONLY AUTOSAUTOS ONLY NON-OWNED SCHEDULEDOWNED ANY AUTO AUTOMOBILE LIABILITY Y / N WORKERS COMPENSATION AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED? (Mandatory in NH) DESCRIPTION OF OPERATIONS below If yes, describe under ANY PROPRIETOR/PARTNER/EXECUTIVE $ $ $ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEE E.L. EACH ACCIDENT EROTH-STATUTEPER LIMITS(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)POLICY EFFPOLICY NUMBERTYPE OF INSURANCELTRINSR DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) EXCESS LIAB UMBRELLA LIAB $EACH OCCURRENCE $AGGREGATE $ OCCUR CLAIMS-MADE DED RETENTION $ $PRODUCTS - COMP/OP AGG $GENERAL AGGREGATE $PERSONAL & ADV INJURY $MED EXP (Any one person) $EACH OCCURRENCE DAMAGE TO RENTED $PREMISES (Ea occurrence) COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO-JECT LOC CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) CANCELLATION AUTHORIZED REPRESENTATIVE ACORD 25 (2016/03) © 1988-2015 ACORD CORPORATION. All rights reserved. CERTIFICATE HOLDER The ACORD name and logo are registered marks of ACORD HIRED AUTOS ONLY 5/19/2025 (HD)Heffernan Insurance Brokers 1350 Carlback Avenue Walnut Creek CA 94596 Elizabeth Lee 925-934-8500 925-934-8278 elizabethl@heffins.com Travelers Property Casualty Company of America 25674 DAVIJPO-01 Continental Casualty Company 20443DavidJ.Powers &Associates,Inc. 1871 The Alameda,Suite 200 San Jose CA 95126 State National Insurance Company,Inc 12831 The Hanover American Insurance Company 36064 51678322 A X 2,000,000 X 1,000,000 10,000 2,000,000 4,000,000 X Y Y 680-9N831625-24-47 12/3/2024 12/3/2025 4,000,000 A 1,000,000 X X X Y Y BA-2R124741-24-47-G 12/3/2024 12/3/2025 A X X 2,000,000CUP-9N831926-24-47 12/3/2024 12/3/2025 2,000,000 D XYWZ3-9816300-12 1/13/2025 1/13/2026 1,000,000 1,000,000 1,000,000 B C Professional Liability Cyber Liability EEH288347490 EHJ-ADN01268422 3/26/2025 3/4/2025 3/26/2026 3/4/2026 PER CLAIM /AGGREGATE PER CLAIM /AGGREGATE $2,000,000 $2,000,000 Project:DJP&A Job #24-226,10857 Linda Vista Drive. The City of Cupertino,its City Council,officers,officials,employees,agents,servants and volunteers are included as an additional insured on a primary and non-contributory basis on the General Liability and Automobile Liability policies per the attached endorsements,if required.Waiver of Subrogation is included on the General Liability and Automobile Liability,and Workers Compensation policy per the attached endorsement,if required.The general liability,auto liability and workers compensation coverage has a $0 deductible.The professional liability coverage has a $35,000 deductible per claim. City of Cupertino,Community Development Department 10300 Torre Avenue Cupertino CA 95014 !&�Hanover � Insurance Group .. WZ39816300 5701768 NOTICE OF CANCELLATION TO DESIGNATED ENTllY(S) This endorsement modifies insurance provided under the following: WORKERS' COMPENSATION AND EMPLOYERS' LIABILITY INSURANCE POLICY SCHEDULE Name of Designated Entity Mailing Address or Email Address Number Days Notice 30 City of Cupertino 10300 Torre Avenue, Cupertino CA 95014 Information required to complete this Schedule, if not shown above, will be shown in the Declarations. If we cancel this policy for any reason other than nonpayment of premium, we wil l give written notice of such cancellation to the Designated Entity(s) shown in the Schedule. Such notice may be delivered or sent by any means of our choosing. The notice to the Designated Entity(s) will state the effective date of cancel lation. Unless otherwise noted in the Schedule above, such notice will be provided to the Designated Entity(s) no more than the number of days in advance of the effective date of cancellation that we are required to provide to the Named Insured for such cancellation. Such notice of cancellation is solely for the purpose of informing the Designated Entity(s) of the effective date of cancellation and does not grant, alter, or extend any rights or obligations under this policy. ALL OTHER TERMS AND CONDITIONS OF THIS POLICY REMAIN UNCHANGED. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective 5/19/2025 Insured David J. Powers & Associates, Inc. Policy No. w z 3 - 9 8 1 6 3 o o -12 Insurance Company THE HANOVER AMERICAN INSURANCE COMPANY Endorsement No. Premium Countersigned By _______________ _ 331-0342 (09 11)Includes copyrighted materials from ISO, Inc. 2003 Page 1 of 1 Policy Number: BA-2R124741-24-47-G Policy Number: BA-2R124741-24-47-G Policy Number: 680-9N831625-24-47 1/13/2025 David J. Powers & Associates, Inc. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 1 Version: May 2025 Consultant shall procure prior to commencement of Services and maintain for the duration of the contract, at its own cost and expense, the following insurance policies and coverage with companies doing business in California and acceptable to City. INSURANCE POLICIES AND MINIMUMS REQUIRED 1. Commercial General Liability (CGL) with coverage at least as broad as Insurance Services Office (ISO) Form CG 00 01, with limits no less than $2,000,000 per occurrence and $2,000,000 general aggregate. The policy shall include a per project or per location general aggregate endorsement as broad as CG 25 03 or CG 24 04. If a per project/location endorsement is not available, the limit of the general aggregate shall be doubled. a. It shall be a requirement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be made available to the Additional Insured and shall be (i) the minimum coverage/limits specified in this agreement; or (ii) the broader coverage and maximum limits of coverage of any insurance policy, whichever is greater. b. Additional Insured coverage under Consultant's policy shall allow and be endorsed "primary and non-contributory," will not seek contribution from City’s insurance/self-insurance, and shall be at least as broad as the most recent edition of ISO Form CG 20 01. c. The limits of insurance required may be satisfied by a combination of primary and umbrella or excess liability insurance, provided each policy follows form of the underlying policy and complies with the requirements set forth in this Contract. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary basis for the benefit of City. The City’s own insurance or self-insurance shall not be called upon. 2. Automobile Liability: Coverage shall be provided using ISO CA 00 01 covering any auto (including owned, hired, and non-owned autos) with limits no less than $1,000,000 each accident for bodily injury and property damage. Not required. Consultant shall be fully remote and not use automobiles to provide the service. In the event Consultant uses an automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1), or if Consultant does not own autos (hired autos-Symbol 8 and non-owned autos-Symbol 9). Evidence shall be provided with a Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non- contributory coverage and endorsement, and waiver of subrogation coverage and endorsement under the policy prior to the use of any automobile. Consultant has provided written confirmation that it does not own any autos. Consultant shall provide coverage for hired autos-Symbol 8 and non-owned autos-Symbol 9. Primary and Non-Contributory coverage and Waiver of Subrogation coverage is waived under the Automobile Liability hired and non-owned only coverage. In the event Consultant uses an owned automobile or automobiles in the operation of its business to provide services under this Agreement, the Consultant shall, prior to such use, provide the City with evidence of Business Automobile Liability insurance coverage in the amount required under this Section 2 for owned, non-owned and hired autos (any auto-Symbol 1). EXHIBIT D Insurance Requirements Design Professionals & Consultants Contracts Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 2 Version: May 2025 In lieu of Business Automobile Liability, Consultant shall maintain throughout the term of this Agreement and provide the City with evidence (including the policy Declarations Page) of personal automobile insurance coverage in accordance with the laws of the State of California. As available under the policy, evidence shall be provided with the Certificate of Insurance, along with an additional insured endorsement in favor of the City, primary and non-contributory coverage and endorsement, and waiver of subrogation coverage and endorsement. City approval of coverage is required prior to commencement of services. 3. Workers’ Compensation: As required by the State of California, with Statutory Limits and Employer’s Liability Insurance of no less than $1,000,000 each accident/ disease. Not required. Consultant has provided written verification of no employees. 4. Professional Liability for professional acts, errors and omissions, if applicable and as appropriate to Consultant’s profession, with limits no less than $2,000,000 per occurrence or claim, $2,000,000 aggregate. If written on a claims-made basis form: a. The Retroactive Date must be shown and must be before the Effective Date of the Contract. b. Insurance must be maintained for at least five (5) years after completion of the Services. c. If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a Retroactive Date prior to the Contract Effective Date, the Consultant must purchase “extended reporting” coverage for a minimum of five (5) years after completion of the Services. OTHER INSURANCE PROVISIONS The aforementioned insurance policies shall contain, be endorsed and have all the following conditions and provisions: Additional Insured Status The City of Cupertino, its City Council, officers, officials, employees, agents, and volunteers (“Additional Insureds”) are to be covered and endorsed as additional insureds on Consultant’s CGL and automobile liability policies. General Liability coverage can be provided in the form of an endorsement to Consultant’s insurance (at least as broad as ISO Form CG 20 10 (11/ 85) or if not available, through the addition of both CG 20 10 and CG 20 37 forms, if later editions are used). Primary and Non-Contributory Coverage Except Workers Compensation, coverage afforded to City/Additional Insureds shall allow and be endorsed primary insurance. Any insurance or self-insurance maintained by City, its officers, officials, employees, or volunteers shall be excess of Consultant’s insurance and shall not contribute to it. Notice of Cancellation Each insurance policy shall state that coverage shall not be canceled or allowed to expire, except with written notice to City 30 days in advance or 10 days in advance if due to non-payment of premiums. If a carrier will not provide the required notice of cancellation or policy modification, the Consultant shall provide written notice to the City of a cancellation or policy modification no later than 30 days in advance or 10 days in advance if due to non-payment of premiums. Waiver of Subrogation Consultant waives any right to subrogation against City/Additional Insureds for recovery of damages to the extent said losses are covered by the insurance policies required herein. Specifically, the General Liability, Automobile Liability and Workers’ Compensation policies shall allow and be endorsed with a waiver of subrogation in favor of City, its employees, agents and volunteers. This provision applies regardless of whether or not the City has received a waiver of subrogation endorsement from the insurer. Exh. D-Insurance Requirements for Design Professionals & Consultant Contracts 3 Version: May 2025 Deductibles and Self-Insured Retentions Any deductible or self-insured retention must be declared to and approved by the City (Insert on the Certificate of Insurance, if zero, insert “$0”). At City’s option, either: the insurer must reduce or eliminate the deductible or self-insured retentions as respects the City/Additional Insureds; or Consultant must show proof of ability to pay losses and costs related investigations, claim administration and defense expenses. The policy shall provide, or be endorsed to provide, that the self-insured retention may be satisfied by either the insured or the City. Acceptability of Insurers Insurance shall be placed with insurers admitted in the State of California and with an AM Best rating of A- VII or higher. Verification of Coverage Consultant must furnish acceptable insurance certificates and amendatory endorsements (or copies of the policies effecting the coverage required by this Contract), including a copy of the Declarations and Endorsement Page of the CGL policy listing all policy endorsements prior to commencement of the Contract. City retains the right to demand verification of compliance at any time during the Contract term. Subconsultants Consultant shall require and verify that all subconsultants maintain insurance that meet the requirements of this Contract, including indemnification, defense, and naming the City as an additional insured on subconsultant’s insurance policies. Higher Insurance Limits If Consultant maintains broader coverage and/or higher limits than the minimums shown above, City shall be entitled to coverage for the higher insurance limits maintained by Consultant. Adequacy of Coverage City reserves the right to modify these insurance requirements/coverage based on the nature of the risk, prior experience, insurer or other special circumstances, with not less than ninety (90) days prior written notice. Environmental Consulting Services for 10857 Linda Vista Drive Final Audit Report 2025-05-21 Created:2025-05-19 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAP3Ajd8ojfJewvHMS-ylesFdRmS11-mi6 "Environmental Consulting Services for 10857 Linda Vista Drive" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-05-19 - 9:33:01 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-05-19 - 9:35:40 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-05-19 - 9:35:51 PM GMT- IP address: 52.1.140.55 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-05-19 - 10:53:40 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Kristy Weis (kweis@davidjpowers.com) for signature 2025-05-19 - 10:53:46 PM GMT Email viewed by Kristy Weis (kweis@davidjpowers.com) 2025-05-20 - 2:12:18 PM GMT- IP address: 104.28.123.92 Document e-signed by Kristy Weis (kweis@davidjpowers.com) Signature Date: 2025-05-20 - 4:42:40 PM GMT - Time Source: server- IP address: 50.76.59.25 Document emailed to michaelw@cupertino.gov for signature 2025-05-20 - 4:42:46 PM GMT Email viewed by michaelw@cupertino.gov 2025-05-20 - 4:42:56 PM GMT- IP address: 52.1.140.55 Signer michaelw@cupertino.gov entered name at signing as Michael K Woo 2025-05-20 - 4:46:53 PM GMT- IP address: 64.165.34.3 Document e-signed by Michael K Woo (michaelw@cupertino.gov) Signature Date: 2025-05-20 - 4:46:55 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Benjamin Fu (benjaminf@cupertino.gov) for signature 2025-05-20 - 4:47:01 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.gov) 2025-05-20 - 4:47:12 PM GMT- IP address: 52.1.140.55 Document e-signed by Benjamin Fu (benjaminf@cupertino.gov) Signature Date: 2025-05-20 - 11:52:44 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to kirstens@cupertino.gov for signature 2025-05-20 - 11:52:49 PM GMT Email viewed by kirstens@cupertino.gov 2025-05-20 - 11:52:58 PM GMT- IP address: 52.1.140.55 Signer kirstens@cupertino.gov entered name at signing as Kirsten Squarcia 2025-05-21 - 10:19:38 PM GMT- IP address: 64.165.34.3 Document e-signed by Kirsten Squarcia (kirstens@cupertino.gov) Signature Date: 2025-05-21 - 10:19:40 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-05-21 - 10:19:40 PM GMT