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25-079 Baseline Environmental Consulting_Amendment #1 dated 8-25-25 for Peer Review of 10511 Randy Lane
1 FIRST AMENDMENT TO AGREEMENT 1034 BETWEEN THE CITY OF CUPERTINO AND BASELINE ENVIRONMENTAL CONSULTING, FOR PEER REVIEW OF PHASE 1 ESA AND SOIL SAMPLING REPORT FOR 10511 RANDY LANE This First Amendment to Agreement 1034 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and Baseline Environmental Consulting, a Corporation (“Contractor”) whose address is 388 17th Street, Suite 230, Oaklan, CA 94612, and is made with reference to the following: RECITALS A. On June 3, 2025, Agreement 1034 (“Agreement”) was entered into by and between City and Contractor for Peer Review of Phase 1 ESA and Soil Sampling Report for 10511 Randy Lane. B. City and Contractor desire to continue Contractor’s services to the City under the Agreement, and herby affirm their intent that it remain in full force and effect as amended and reinstated by this first Amendment. C. City and Contractor desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. Paragraph 3 of the Agreement is modified to read as follows: 3. TIME OF PERFORMANCE: 3.1 This Agreement begins on the Effective Date and ends on June 30, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the effective date and shall be completed by January 31, 2026. 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 as 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. 2. Paragraph 12 of the Agreement is modified to read as follows: 12. INSURANCE 2 Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D-1, 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. Exhibit-D of the Agreement is replaced with Exhibit D-1, attached hereto. 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CITY OF CUPERTINO By Title Date APPROVED AS TO FORM Senior Assistant City Attorney ATTEST: City Clerk Date BASELINE ENVIRONMENTAL CONSULTING By Title Date Cem Atabek Senior Environmental Engineer 08/25/2025 Benjamin Fu Director of Community Development 08/25/2025 08/25/2025 3 EXPENDITURE DISTRIBUTION Item PO Number Amount Base 2025-509 $3,885.00 1st Amendment - $0.00 Total $3,885.00 388 17th Street Suite 230 Oakland CA 94612 P: 510 420-8686 www.baseline-env.com 24 March 2025 25030‐00 Emi Sugiyama, Associate Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Subject: Proposal for Peer Review of Phase I Environmental Site Assessment and Soil Sampling Report, 10511 Randy Lane, Cupertino, CA Dear Emi: Baseline Environmental Consulting (Baseline) is pleased to submit this proposal to complete a peer review of a Phase I Environmental Site Assessment (ESA) report prepared by ReDevelopInc. dated April 29, 2024, and a Soil Sampling Report prepared by Silicon Valley Environmental Group, Inc. dated March 21, 2025, for the property located at 10511 Randy Lane in Cupertino, California (Site). SCOPE OF WORK Baseline will review the Phase I ESA to evaluate whether it has been prepared in accordance with the American Society for Testing and Materials (ASTM) Standards on Environmental Site Assessments, ASTM E 1527‐13 (ASTM 1527‐13) and in accordance with the U.S. Environmental Protection Agency’s (EPA’s) Standards and Practices for All Appropriate Inquiries (40 Code of Federal Regulations 312), published November 2005, as subsequently revised, supplemented, or replaced; and adequately evaluates the Site history, existing observable conditions, current Site use, and current and former uses of surrounding properties to identify the potential presence of Recognized Environmental Conditions (RECs) as defined in ASTM E 1527‐13, associated with the Site. Baseline will review the Soil Sampling Report to ensure compliance with the requirements of Section 17.04.040B of the City’s Municipal Code. Baseline will prepare a peer review memo providing comments regarding the adequacy of the Phase I ESA and Soil Sampling Report. SCHEDULE Baseline will submit a draft memo within one week after receipt of the notice to proceed. A final memo will be prepared within two working days of receipt of comments from the City on the draft memo, if any. COST The estimated cost for preparation of the draft and final peer review memo is $3,885, which assumes one round of review from the City. Our work would be conducted on an hourly time‐and‐ materials, not‐to‐exceed basis. A detailed breakdown of costs is included in the attached table. EXHIBIT - A EXHIBIT - B 24 March 2025 Page 2 25030‐00 Phase I & II Review Proposal‐3/24/25 If you have any questions or comments regarding this proposal, please do not hesitate to contact me at your convenience. Sincerely, Cem Atabek Senior Environmental Engineer Patrick Sutton, PE Hourly rate $230 Task hrs cost hrs cost Review Phase I ESA $0 7 $1,505 $1,505 Review Soil Sampling Report $0 2 $430 $430 Prepare draft memo 1 $230 7 $1,505 $1,735 Prepare final memo $0 1 $215 $215 Total $3,885 Baseline Environmental Consulting COST ESTIMATE Principal Environmental Engineer Cem Atabek Senior Environmental Engineer $215 Total 25030-00 Peer Review CE-3/24/2025 1 of 1 EXHIBIT - C 3/4/2025 Leavitt Pacific Insurance Brokers, Inc. License #0D79674 1570 The Alameda, Suite 101 San Jose CA 95126 Tammie Stamp (408)288-6262 (408)298-7635 tammie-stamp@leavitt.com Baseline Environmental Consulting P.O. Box 18586 Oakland CA 94619 Westchester Surplus Lines Insurance Company10172 Hartford Accident & Indemnity Company 22357 Great American Alliance Insurance Company26832 25-26 Master A X X X 2,500 Ded Per Occur X X G46846436008 1/1/2025 1/1/2026 2,000,000 50,000 10,000 2,000,000 2,000,000 2,000,000 Professional Liability Claims Made 2,000,000 B X X 57UECIZ2279 1/1/2025 1/1/2026 2,000,000 A X X X 0 G46846448008 1/1/2025 1/1/2026 3,000,000 3,000,000 C WC066089911 1/1/2025 1/1/2026 X 1,000,000 1,000,000 1,000,000 A Pollution Liability G46846436008 1/1/2025 1/1/2026 $2,500 Ded 2,000,000 RE: All Active Projects Professioinal Liability Retroactive date of 01/18/1990 The City of Cupertino, its City Council, officers, officials, employees, agents, servants and volunteers are named as additional insured as respects to Auto & General Liability with respects to work performed by the named insured as required by written contract. Primary and non-contributory wording applies. Workers' Compensation Waiver of Subrogation applies. 30 Day Notice of Cancellation applies. There are no deductibles for Auto & Workers' Compensation. City of Cupertino Abby Ayende 10300 Torre Avenue Cupertino, CA 95014 AbigailA@cupertino.org Fred Stafford/CHDUEN Y The ACORD name and logo are registered marks of ACORD CERTIFICATE HOLDER ©1988-2014 ACORD CORPORATION.All rights reserved. ACORD 25 (2014/01) AUTHORIZED REPRESENTATIVE CANCELLATION DATE (MM/DD/YYYY)CERTIFICATE OF LIABILITY INSURANCE LOCJECTPRO-POLICY GEN'L AGGREGATE LIMIT APPLIES PER: OCCURCLAIMS-MADE COMMERCIAL GENERAL LIABILITY PREMISES (Ea occurrence)$DAMAGE TO RENTED EACH OCCURRENCE $ MED EXP (Any one person)$ PERSONAL &ADV INJURY $ GENERAL AGGREGATE $ PRODUCTS - COMP/OP AGG $ $RETENTIONDED CLAIMS-MADE OCCUR $ AGGREGATE $ EACH OCCURRENCE $UMBRELLA LIAB EXCESS LIAB DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) INSRLTR TYPE OF INSURANCE POLICY NUMBER POLICY EFF(MM/DD/YYYY)POLICY EXP(MM/DD/YYYY)LIMITS PER STATUTE OTH- ER E.L.EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT $ $ $ ANY PROPRIETOR/PARTNER/EXECUTIVE If yes,describe under DESCRIPTION OF OPERATIONS below (Mandatory in NH) OFFICER/MEMBER EXCLUDED? WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED HIRED AUTOS NON-OWNED AUTOS AUTOS AUTOS COMBINED SINGLE LIMIT BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE $ $ $ $ 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. INSD ADDL WVD SUBR N / A $ $ (Ea accident) (Per accident) OTHER: THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions 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). COVERAGES CERTIFICATE NUMBER:REVISION NUMBER: INSURED PHONE(A/C, No, Ext): PRODUCER ADDRESS: E-MAIL FAX (A/C, No): CONTACTNAME: NAIC # INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : INSURER F : INSURER(S)AFFORDING COVERAGE SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. INS025 (201401) Exh. D-Insurance Requirements for Professional 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 Professional Consultant Contracts Exh. D-Insurance Requirements for Professional 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 Professional 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. Peer Review of Phase 1 ESA and Soil Sampling Report for 10511 Randy Lane Final Audit Report 2025-08-25 Created:2025-08-22 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAHfYgBx8r8LyzIu2eLf2_ROrkMd9TBE28 "Peer Review of Phase 1 ESA and Soil Sampling Report for 105 11 Randy Lane" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-08-22 - 6:08:17 PM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-08-22 - 6:10:35 PM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-08-22 - 6:10:46 PM GMT- IP address: 3.239.8.63 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-08-22 - 8:42:07 PM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Cem Atabek (cem@baseline-env.com) for signature 2025-08-22 - 8:42:11 PM GMT Email viewed by Cem Atabek (cem@baseline-env.com) 2025-08-22 - 8:42:18 PM GMT- IP address: 74.125.209.133 Document e-signed by Cem Atabek (cem@baseline-env.com) Signature Date: 2025-08-25 - 4:50:28 PM GMT - Time Source: server- IP address: 216.218.207.198 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-08-25 - 4:50:33 PM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-08-25 - 4:50:42 PM GMT- IP address: 44.202.151.255 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-08-25 - 5:03:52 PM GMT - Time Source: server- IP address: 73.170.186.236 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2025-08-25 - 5:03:56 PM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2025-08-25 - 5:04:10 PM GMT- IP address: 54.83.79.203 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2025-08-25 - 5:23:46 PM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-08-25 - 5:23:50 PM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-08-25 - 5:24:01 PM GMT- IP address: 35.153.93.238 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-08-25 - 5:46:56 PM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-08-25 - 5:46:56 PM GMT