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13-109 LSA Associates, Inc., Consultant Services for Revision of California Environmental Quality Act (CEQA) Documentation for the RC-1a Annex OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 5t't9ss WEBSITE:www.cupertino.org CUPERTINO July 18, 2013 LSA Associates, Inc. 20 Executive Park, Suite 200 Irvine, CA 92614 Re: Agreement Enclosed is a fully executed original copy of your agreement with the City of Cupertino If you have any questions or need additional information, please contact the Planning Department at (408) 777-3308. Sincerely, O . . . Dorothy Steenfott Senior Office Assistant City of Cupertino Enclosure cc: Planning CITY OF AGREEMENT CITY OF CUPERTINO /0, ,,s\ 10300 Torre Avenue CUPERTINO 1-1 P/. Cupertino,CA 95014 /b o/ 408-777-3200 NO. a THIS AGREEMENT, made and entered into this 1st day of July, 2013 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and LSA Associates, Inc, 20 Executive Park, Suite 200, Irvine, CA 92614, (Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Revision of California Environmental Quality Act(CEQA) Documentation for the RC-la Annex. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement shall commence on July 1st, 2013 and shall be completed no later than Tune 30, 2014. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to exceed$5000.00. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of$1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of lii:igation. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Page 1 of 3 Short Form Agreement Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Page 2 of 3 Short Form Agreement Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation of such person r SAP PA‘el— Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this Agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including,but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME: Gary Chao DEPARTMENT: Development Department This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRAC CITY OF CUPERTINO: By Cam" By �. • 1 u V� Title �' Title: 6 APPROVALS EXPENDITURE DISTRIBUTION DEPART ENT r DATE _ACM!rNT NI TMRFR AMC)!TNT Ratio D'*A 110 211_BS 20220 $5,000.00 P� CITY ORNEY AP_ OVED TO FOR DATE c/4 3 . 3b5-113 - I � CI LERKK DATE 6 „A\--0---t- -3 it sq., 3 - Page 3 of 3 Short Form Agreement Exhibit A L S /\ LSA ASSOCIATES, INC. CARLSBAD PALM SPRINGS SAN LUIS OBISPO 2215 FIFTH STREET 510.540.7331 TEL FORT COLLINS POINT RICHMOND S.SAN FRANCISCO BERKELEY, CALIFORNIA 94710 519.540.7514 FAX FRESNO RIVERSIDE IRVINE ROCKLIN RECEIVED June 7,2013 JUN 0 7 2013 Simon S.Vuong G / City of Cupertino 7•V Community Development Department BY 10300 Torre Avenue Cupertino,CA 95014 Subject: Proposal to Revise California Environmental Quality Act(CEQA)Documentation for the RC-la Annex Dear Mr.Vuong: This letter briefly discusses the scope of work that LSA Associates,Inc. (LSA)will undertake to revise the existing CEQA documentation for a proposed annex building on the Apple Campus,On May 3,2012,LSA published a Statutory Exemption Analysis for a similar annex building(RC-2a Annex). Since that time,the design and location of the annex have been modified(the current annex is the RC-la Annex).This scope of work entails revising the existing Statutory Exemption Analysis prepared for the RC-2a Annex to reflect the current design and location of the RC-la Annex. The currently proposed RC-la Annex would be developed independently of the proposed Apple Campus 2,for which a Draft EIR was recently published. The preparation of the revised environmental review documentation will be staffed by the same LSA personnel working on the Apple Campus 2 EIR: Judith Malamut,Principal;Adam Weinstein, Associate/Project Manager;and Caroline Park,Assistant Planner.Judith,Adam,and Caroline will be supported by other staff,including word processing and graphics staff PROJECT UNDERSTANDING Apple is proposing to construct the RC-la Annex,which would be a temporary building on the Apple Campus 2 site,to house testing facilities for new technologies and building materials.The building would be Iocated on a 43,600-square-foot site adjacent to Interstate 280 that is currently occupied by a building(RC-1)containing primarily office uses. As part of the project,RC-1 would be demolished. The RC-la Annex would be a maximum of 20 feel:in height and would be open on two sides and partially open at the roof.The building would be removed as part of construction of Apple Campus 2. The design and location of the RC-la Annex would be different than the RC-2 Annex.The RC-la Annex would require a Temporary Use Permit,which would be processed ministerially by City staff. WORK PROGRAM APPROACH Because the RC-la Annex is a ministerial project,it would be subject to a Statutory Exemption pursuant to CEQA Guidelines Section 15268 (Ministerial Projects). Section 15268 states:"Ministerial projects are exempt from the requirements of CEQA."However,the City seeks to document the potential effects of the RC-la Annex project to support the Statutory Exemption and to impose conditions of approval on the project to reduce anticipated short-term effects. PLANNING 1 ENVIRONMENTAL SCIENCES 1 DESIGN LSA ASSOCIATES, INC. SCOPE OF WORK LSA will revise the existing Statutory Exemption Analysis prepared for the RC-2a Annex to reflect the current design and location of the RC-la Annex.The Statutory Exemption Analysis includes a brief project description and a discussion of the consistency of the annex project with the thresholds summarized in CEQA Guidelines Section 15268 for ministerial projects, LSA will provide one digital draft copy of the memorandum to the City for review and comment. LSA will then revise the memorandum and prepare a final digital version.The memorandum is intended to comprise the final CEQA documentation for the project.The City would be responsible for all noticing. ASSUMPTIONS This scope of work is based on the following assumptions: • No additional technical analysis will be required to prepare the environmental documentation beyond what is already available. • The City will be responsible for preparing and distributing the Notice of Exemption. BUDGET AND SCHEDULE For completion of the scope of work discussed above,LSA proposes a total not-to-exceed budget of $5,000.We will prepare the first draft of the memorandum within 2-3 weeks of authorization to proceed. We look forward to continuing work with the City on projects at the Apple Campus.Please feel free to call or e-mail if you have any questions. Sincerely, LSA ASSOCIATES,INC. I Judith Malamut,AICP Adam Weinstein,AICP Principal Associate Client#:652 LSAASSOCI1 DATE(MWD ACORD- CERTIFICATE OF LIABILITY INSURANCE 9/25/2013) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey,Renton&Associates ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE P.O.Box 12675 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland,CA 94604-2675 510 465-3090 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: Hartford Fire Ins.Co. 19682 LSA Associates,Inc. INSURER B: Travelers Property Casualty Co 25674 20 Executive Park,Suite 200, INSURER C: Catlin Specialty Ins.Co. Irvine,CA 92614 INSURER D: Hartford Casualty Insurance Co. 29424 INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS LTR NSR DATE MM/DD DATE MMIDD A GENERAL LIABILITY 57CESOF4492 09130/13 09/30/14 EACH OCCURRENCE $1.000,000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 OOO CLAIMS MADE ®OCCUR MED EXP(Any one person) $10,000 X BI/PD Ded:5,000 PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 X POLICY JEC7 LOC D AUTOMOBILE LIABILITY 57UUNIF1488 09130/13 09/30/14 COMBINED SINGLE LIMIT $1,000,000 X ANY AUTO (Ea accident) ALL OWNED AUTOS BODILY INJURY SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR FI CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND UB3946T78A 09130/13 09/30/14 �( DR ST M T LE FMPLOYERS'L IABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1,000 OOO OFFICER/MEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 C OTHER Professional CPV6710060914 09130/13 09/30/14 $2,000,000 per claim Liability $4,000,000 annl aggr. DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT 1 SPECIAL PROVISIONS General Liability Excludes Claims Arising Out of the Performance of Professional Services. RE: LSA#COC1101 -Apple Campus 2 EIR The City of Cupertino,its City Council,boards and commissions, officers,employees and volunteers are included as additional insureds as respects General and Automobile Liability. A Waiver of Subrogation applies as respects General and Automobile Liability and Workers Compensation. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRA TION City of Cupertino DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL _gg_ DAYS WRITTEN Community Development Dept. NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL attn:Gary Chao,City Planner IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR 10300 Torre Avenue REPRESENTATIVES. Cupertino,CA 95014-0000 AUTHORIZED REPRESENTATIVE ACORD 25(2001108)1 of 1 #S744372/M744301 CCB © ACORD CORPORATION 1988