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Home My WebLink About25-074 David J. Powers_Amendment #1 dated 11-20-2025 for Environmental Consulting Services for 10857 Linda Vista Drive1 FIRST AMENDMENT TO AGREEMENT 1040 BETWEEN THE CITY OF CUPERTINO AND DAVID J. POWERS & ASSOSCIATES FOR ENVIRONMENTAL CONSULTING SERVICES FOR 10857 LINDA VISTA DRIVE This First Amendment to Agreement 1040 is by and between the City of Cupertino, a municipal corporation (hereinafter "City") and David J. Powers & Associates, a Corporation (“Contractor”) whose address is 1870 The Alameda, Ste 200, San Jose, CA, and is made with reference to the following: RECITALS A. On May 21, 2025, Agreement 1040 (“Agreement”) was entered into by and between City and Contractor for Environmental Consulting Services for 10857 Linda Vista Drive. B. 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 4 of the Agreement is modified to read as follows: 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 $136,091.00 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C-1, attached and incorporated here. The maximum compensation includes all expenses and reimbursement 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 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. Exhibit-C of the Agreement is replaced with a new Exhibit C-1, attached hereto. 2. 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. 2 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 DAVID J. POWERS & ASSOCIATES By Title Date EXPENDITURE DISTRIBUTION Item PO Number Amount Base 2026-228 $134,267.00 1st Amendment - $1,824.00 Total $136,091.00 Vice President/Principal Project Manager 11/18/2025 Benjamin Fu Director of Community Development 11/18/2025 11/20/2025 Environmental Consultants and Planners 1871 The Alameda Suite 200 San José, CA 95126 Tel: 408-248-9641 www.davidjpowers.com November 5, 2025 Emi Sugiyama, Senior Planner Community Development City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Sent via email to: emis@cupertino.org RE: Contract Amendment #1: for TM-2024-009 at 10857 Linda Vista Drive (Revised) Dear Emi Sugiyama: We are writing to request authorization to utilize the remaining contingency budget included in our existing contract and additional funds to complete a recently requested task by the City for the proposed residential project at 10857 Linda Vista Drive. The City recently received the revised Transportation Analysis prepared by the applicant’s consultant team. To confirm that the initial peer review comments have been addressed, Fehr & Peers (under contract to DJP&A) will conduct a subsequent peer review and provide a memorandum with final comments, if any. With the approval of the September 2025 Contingency Budget Authorization Request, our existing contract has a remaining contingency balance of $3,926. We are requesting authorization to utilize that remaining contingency budget and an additional budget amount of $1,824 to coordinate and complete the subsequent peer review. This contract amendment would increase our total budget from $134,267 (which included the contingency budget of $12,206) to $136,091. Please feel free to contact Nick Towstopiat ([408-454-3407]; ntowstopiat@davidjpowers.com) or me should you have any questions or need additional information. Sincerely, Kristy L. Weis Vice President & Principal Project Manager Direct: (408) 454-3428 Email: kweis@davidjpowers.com EXHIBIT C-1 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. 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. Environmental Consulting Services for 10857 Linda Vista Drive Final Audit Report 2025-11-21 Created:2025-11-18 By:Webmaster Admin (webmaster@cupertino.org) Status:Signed Transaction ID:CBJCHBCAABAAFMJFTSSpiRlADzdrDoIYKOOVNHpzWww0 "Environmental Consulting Services for 10857 Linda Vista Drive" History Document created by Webmaster Admin (webmaster@cupertino.org) 2025-11-18 - 0:47:17 AM GMT- IP address: 35.229.54.2 Document emailed to Araceli Alejandre (aracelia@cupertino.org) for approval 2025-11-18 - 0:50:19 AM GMT Email viewed by Araceli Alejandre (aracelia@cupertino.org) 2025-11-18 - 0:50:28 AM GMT- IP address: 54.146.103.90 Document approved by Araceli Alejandre (aracelia@cupertino.org) Approval Date: 2025-11-18 - 1:10:19 AM GMT - Time Source: server- IP address: 71.202.76.156 Document emailed to Kristy Weis (kweis@davidjpowers.com) for signature 2025-11-18 - 1:10:25 AM GMT Email viewed by Kristy Weis (kweis@davidjpowers.com) 2025-11-18 - 3:06:11 PM GMT- IP address: 146.75.154.0 Document e-signed by Kristy Weis (kweis@davidjpowers.com) Signature Date: 2025-11-19 - 3:28:42 AM GMT - Time Source: server- IP address: 50.175.134.34 Document emailed to Michael Woo (michaelw@cupertino.org) for signature 2025-11-19 - 3:28:47 AM GMT Email viewed by Michael Woo (michaelw@cupertino.org) 2025-11-19 - 3:28:54 AM GMT- IP address: 107.23.177.45 Document e-signed by Michael Woo (michaelw@cupertino.org) Signature Date: 2025-11-19 - 5:15:46 AM GMT - Time Source: server- IP address: 98.33.114.31 Document emailed to Benjamin Fu (benjaminf@cupertino.org) for signature 2025-11-19 - 5:15:51 AM GMT Email viewed by Benjamin Fu (benjaminf@cupertino.org) 2025-11-19 - 5:16:01 AM GMT- IP address: 107.23.177.45 Document e-signed by Benjamin Fu (benjaminf@cupertino.org) Signature Date: 2025-11-19 - 5:26:22 AM GMT - Time Source: server- IP address: 64.165.34.3 Document emailed to Kirsten Squarcia (kirstens@cupertino.org) for signature 2025-11-19 - 5:26:26 AM GMT Email viewed by Kirsten Squarcia (kirstens@cupertino.org) 2025-11-19 - 5:26:35 AM GMT- IP address: 54.209.237.187 Document e-signed by Kirsten Squarcia (kirstens@cupertino.org) Signature Date: 2025-11-21 - 0:46:20 AM GMT - Time Source: server- IP address: 64.165.34.3 Agreement completed. 2025-11-21 - 0:46:20 AM GMT