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HomeMy WebLinkAboutDavid J. Powers & AssociatesAGREEMENT THIS AGREEMENT is made and entered into on the 17th day of July, 2020 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and David J. Powers & Associates, Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Complete environmental review consulting services in compliance with the California Environmental Quality Act (CEQA) for the off-road pathway segment located between La Paloma Road and Robleda Road in the Los Altos Hills. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated July 10, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence July 17, 2020 and shall be completed by'July 17, 2021, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed thirty seven thousand dollars and zero cents ($37,000.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/23/10 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. 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 TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Short form Updated 4/23/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: Zachary Dahl Planning Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By: July 29, 2020 Signature Date Akoni Danielsen, President Print name, Title TOWN OF LOS ALTOS HILLS: By: �� arl-Gahriil -Gitynager Date z 4e'4 D" t Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 � � & ASSOCIATES, INC. July 10, 2020 Zachary Dahl Planning Director Town of Los Altos Hills Planning Department 26379 Fremont Road Los Altos Hills, CA 94022 Sent via email to: zdahl@losaltoshills.ca.gov RE: SCOPE OF WORK - ENVIRONMENTAL REVIEW SERVICES FOR THE PROPOSED LA PALOMA ROAD TO ROBLEDA ROAD OFF-ROAD PATHWAY Dear Mr. Dahl, David J. Powers & Associates (DJP&A) is pleased to provide you with this scope of work to complete environmental review consulting services in compliance with the California Environmental Quality Act (CEQA) for the proposed project located between La Paloma Road and Robleda Road in the Los Altos Hills township. This scope is based upon a review of the information provided by the Town, as well as DJP&A's experience with projects of similar size and purpose. It is our understanding that the project would construct a pedestrian pathway connecting the existing pathway at 13310 La Paloma Road to the existing pathway at 12940 Atherton Court. Pathway improvements would include pedestrian bridges, a stairway linking the proposed pathway and the Robleda Road pathway, and several retaining walls. The primary environmental concerns include the presence of biological resources (mixed -oak woodland and riparian habitat) and potential landslide hazards and cultural resources along the proposed trail alignment. With our current understanding of the project and its potential environmental impacts, DJP&A proposes to prepare an Initial Study to determine if the project would have a significant effect on the environment. Based upon our understanding of the site, surrounding context, and scale of the project, it appears all project impacts can be mitigated to acceptable levels allowing for adoption of a Mitigated Negative Declaration. In the event a significant unavoidable impact is identified for the project, an Environmental Impact Report could be prepared under an amended scope. Environmental Consultants and Planners 1871 The Alameda • Suite 200 • San Josh, CA 95126 • Tel: 408-248-9641 • www.davidjpowers.com La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 Please do not hesitate to contact me if you have any questions regarding this proposed Scope of Work or if there is any additional information you may need. We look forward to working with you on this project. Sincerely, �P_V,A QAY%. Lo�kas_� Demetri Loukas Principal Project Manager Attachments: Scope of Work Charge Rate Schedule Environmental Consultants and Planners 1871 The Alameda • Suite 200 • San Josh, CA 95126 • Tel: 408-248-9641 • www.davidjpowers.com + a - ASSOCIATES 1N'C, La Paloma Road to Robleda Road Off -Road Pathway Initial Study — Mitigated Negative Declaration July 2020 Primary Contact The primary David J. Powers & Associates, Inc. (DJP&A) contact information is provided below. Demetri Loukas Direct: (408) 454-3422 Email: dloukas@davidipowers.com Project Understanding The project proposes to construct a compacted dirt pathway approximately three feet wide and 960 feet in length. The proposed pathway would connect the existing pathway at 13310 La Paloma Road to the existing pathway at 12940 Atherton Court. Pathway improvements would include pedestrian bridges, a stairway linking the proposed pathway and the Robleda Road pathway, and several retaining walls. Some grading and native brush and plant removal would be required for pathway leveling and the installation of the pathway improvements, but tree removal would not be necessary. The project site itself is located within an existing 20 -foot wide pathway and equestrian easement surrounded by low-density single-family residences and a small undeveloped property owned by the Purissima Water District. This easement has a Residential (R) and Open Space Conservation Area (OSCA) land use designation and is zoned for Residential -Agricultural (R -A) use. The project site is also within a riparian corridor that is adjacent to a tributary drainage channel of Adobe Creek. Scope of Services David J. Powers & Associates, Inc. (DJP&A) will prepare an Initial Study for the La Paloma Road to Robledo Road Off -Road Pathway project. Our scope includes preparation of the Initial Study, preparation of a draft Mitigated Negative Declaration (MND), preparation of a draft Mitigation Monitoring and Reporting Program (MMRP), attendance at meetings and hearings, and project management and contract administration. These tasks are described below. David J. Powers & �sociat �s. Inc. Quality Envirorunentrri Revie: Naa;Ces o Difference La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 Preparation of the Initial Study DJP&A will prepare an Initial Study consistent with the requirements of the California Environmental Quality Act (CEQA) and the Town of Los Altos Hills. This scope is based on the understanding the project would be eligible for an MND, assuming there are no significant impacts, or mitigation measures are included in the project to reduce any impacts to a less than significant level. The Initial Study will include a project description, discussion of consistency with applicable plans and policies, and a section that includes a description of existing conditions on the site, the CEQA environmental checklist, and an explanation of project effects and mitigations, as described below. Project Description The Initial Study will provide a detailed description of the proposed project, including the physical characteristics (grading, excavation, landscaping, etc.) of the development. Maps and graphics will be provided to illustrate the text. Consistency with Plans and Policies A discussion of the proposed project's consistency with the Los Altos Hills General Plan, Municipal Code, and other applicable plans and policies will be included. As required by CEQA and CEQA Guidelines, particular attention will be given to inconsistencies, if any are identified. Environmental Setting, CEQA Checklist, and Mitigations The Initial Study will be divided into subsections for each environmental resource. The subsections will be formatted to include a description of the existing environmental setting followed by the relevant CEQA checklist section. The sources of information for determining impacts will be identified. Mitigation measures will be identified to reduce significant impacts as appropriate. Based upon our current understanding of the project, we anticipate the key environmental issues for the project requiring technical and/or substantial analysis will include the following resources. Biological Resources There is a riparian habitat present on-site along a tributary drainage channel of Adobe Creek that is surrounded by mixed -oak woodland habitat. As such, certain mammals, reptiles, and predatory birds and passerines may be present, including possible candidate, sensitive, or special status species. The Initial Study will evaluate potential impacts to biological resources based on a biological study prepared under separate contract and provided to DJP&A. The biological study will include an assessment of the project's consistency with the Town's General Plan policies regarding protection of creeks and riparian corridors (Policy 1.1 through Policy 1.3), trees and plants (Policy 2.1 through 2.7), and wildlife species and habitat (Policy 3.1). The biological study will also evaluate 0_ivid J. Pe%,%fern & A.6soda Les, Inc. 2 Pllokes o Difference La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 the potential for the project to impact raptors or other birds during construction and identify mitigation measures for significant biological resources impacts, as appropriate. Cultural and Tribal Resources Areas adjacent to waterways can be archaeologically sensitive. The Initial Study will evaluate the project's potential to impact archeological resources based on existing information provided to DJP&A by the Town of Los Altos Hills. Standard mitigation measures in compliance with the Town's General Plan policies and state laws will be identified for possible cultural resource impacts. If it is determined existing information is not sufficient to make a significance determination, this scope includes the optional task of having an archaeological literature search and field survey report prepared by Holman & Associates. This scope assumes the Town will initiate and complete AB 52 tribal consultation, if necessary. Geology and Soils The project site is located on an undeveloped hillside within a State -identified landslide hazard zone. The Initial Study will evaluate whether the project would result in a significant geological impact based on existing available information (e.g., General Plan and County Geologic Hazard Maps). The Initial Study will also discuss potential impacts to paleontological resources, based on the program -level analysis contained in the General Plan EIR. Mitigation measures will be identified for significant geology and soils impacts, as appropriate. Hydrology and Water Quality Construction activities associated with the proposed project have the potential to result in temporary hydrology and water quality impacts. Additionally, increased pedestrian traffic as a result of the proposed pathway could affect the water quality of Adobe Creek through erosion of the natural surfaces, thus increasing siltation in the tributary drainage channel. The Initial Study will qualitatively describe the impacts that could result from project construction and operation and identify best management practices for reducing and/or avoiding hydrology and water quality impacts. If necessary, mitigation measures will be provided to reduce significant impacts to hydrology and water quality to a less than significant level. Revisions and Copies Once the project description is finalized, DJP&A will prepare the Administrative Draft Initial Study (ADIS). DJP&A will then revise the ADIS based on comments received from the Town and submit an electronic copy of the Screencheck version to the Town for final review and comment. DJP&A will make any final revisions to the Screencheck Initial Study and prepare the Initial Study for public circulation. DJP&A will provide the Town with up to five (5) hard copies of the Initial Study for public distribution and a PDF of the document for posting on the Town's website. David J. Powers & Associates, Inc. 3 Quolit/ Environmental Review Makes o Difference La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 Preparation of Draft Mitigated Negative Declaration DJP&A will prepare a draft MND in conformance with the CEQA Guidelines and Los Altos Hills requirements. The draft MND will describe the proposed project, present findings related to the environmental conditions, and include a copy of the Initial Study and mitigation measures to support the findings. The draft MND will be submitted to the Town with the Screencheck Initial Study. Preparation of Mitigation Monitoring and Reporting Program In accordance with state law and CEQA Guidelines, DJP&A will draft a Mitigation Monitoring and Reporting Program (MMRP) identifying when mitigation measures will be implemented, who will be responsible for implementing them, and who will provide oversight. The draft MMRP will be submitted to the Town with the Screencheck Initial Study. Preparation of Responses to Comments DJP&A will assist Town Staff with responses to CEQA comments received during the IS/MND public review period. Up to 2 principal and 8 project manager hours are included in this scope to complete this task. If substantial comments are received requiring additional time or technical analysis, this can be completed a time and materials basis upon Town authorization. Preparation of CEQA Notices DJP&A will prepare the project NOI and NOD in conformance with the CEQA Guidelines and Town of Los Altos Hills requirements. The NOI will be submitted to the Town with the Screencheck Initial Study. The NOD will be submitted to the Town during the IS/MND public comment period. Attendance of Meetings and Hearings This scope of work includes DJP&A attendance at one project kick-off meeting and one public hearing (e.g., Council hearing). DJP&A can attend additional public hearings or meetings requested on a time and materials basis. Project Management and Contract Administration DJP&A will provide general Initial Study project management, contract administration, and coordination with the Town and project team throughout the Initial Study process. The DJP&A Project Manager will coordinate with the Town on a regular basis using email and telephone communications. David J. Powers & Associates Inc. 4 Q.iolity fovirommentol Review Alky,< s ci Oijf-rtncc La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 Estimated Schedule DJP&A proposes the following optimum schedule to prepare the Initial Study and MND. DJP&A can commit to maintain the schedule in the areas that are within our control. Completion of the Initial Study and MND, 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. David J. Poyle rS SOC1 t2S, Inc 5 Quolity Envi(QI7finentol rReVlc :+l ik/lakt!5 o vii, Terence Task Time Task Duration Elapsed 1. DJP&A receives authorization to proceed and requested project information --- 1 day 2. DJP&A reviews provided information 1 week 1 week 3. DJP&A submits project description to Town for review/approval 1 week 1 week 4. DJP&A receives technical studies from Town and, if necessary, Holman & Associates 6 weeks 6 weeks 5. DJP&A completes Administrative Draft Initial Study (ADIS) and submits to Town for review 3 weeks 9 weeks 6. Town reviews ADIS and provides DJP&A comments 4 weeks 13 weeks 7. DJP&A revises ADIS and submits Screencheck Initial Study/MND, NOI, and MMRP to Town for review 2 weeks 15 weeks 8. Town completes review of Screencheck Initial Study/MND, NO[, and MMRP and provides DJP&A with comments 2 weeks 17 weeks 9. DJP&A finalizes, prints, and submits Initial Study/MND to Town for public circulation 1 week 18 weeks 10. Circulation of the Initial Study/MND 4 weeks 22 weeks 11. DJP&A provides Town responses to comments received during the public review period* 1 week 23 weeks 12. Public Hearing TBD TBD Total +/-22 weeks * Assumes substantial comments are not received and no additional technical work is required. David J. Poyle rS SOC1 t2S, Inc 5 Quolity Envi(QI7finentol rReVlc :+l ik/lakt!5 o vii, Terence La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 Project Information Required Our scope and schedule are based on the assumption that we will receive the below project information concurrent with the authorization to proceed. Plans (in PDF) ❑ Project plans Project Details ❑ Written description of the project and discretionary approvals ❑ Construction schedule Project Technical Reports ❑ Biological Resources Report Existing Information and Studies for Project Area ❑ Cultural Resource Studies ❑ Environmental Studies D,ivid J. Powers Ft Assodal:es, Inc, 6 Quolitj Mokes G Difference La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 Cost Estimate Based on our understanding of the project and technical reports required, the cost for preparation of the Initial Study and MND is estimated not to exceed $32,000, or $37,175 with the optional task. Payment will be due on a monthly basis. A breakdown of the cost estimate is provided below. Costs will be charged on a time and materials basis, commensurate with work completed, in accordance with the charge rate schedule outlined on the following page. 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. 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. David J. Powers & Associates, Inc. • Preparation of Initial Study, MND $31,725 • Reimbursables (travel, printing, etc.)* $275 Total: $32,000.00 Optional Task • Preparation of Archaeological Literature and Field Survey Report by $5,175.00 Holman & Associates Total with Optional Tasks: $37,175 * Subconsultant and reimbursable expenses include our standard 15 percent administrative fee. David J. Powers & Associates, Inc. 7 Quolity Environmental Review Mokes a Difference La Paloma Road to Robleda Road Off -Road Pathway July 10, 2020 Charge Rate Schedule' Title Hourly Rate Senior Principal $300 Principal Project Manager $275 Senior Environmental Specialist $240 Senior Project Manager $215 Environmental Specialist $200 Biologist $190 Project Manager $190 Associate Project Manager $160 Assistant Project Manager $130 Researcher $115 Draftsperson/Graphic Artist $120 Document Processor/Quality Control $110 Administrative Manager $110 Office Support $95 Notes: Materials, outside services, and subconsultants include a 15 percent administration fee. Mileage will be charged per the current IRS standard mileage rate at the time costs occur. Subject to revision July 1, 2020. 1 David J. Powers & Associates, Inc. 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. David J. Powers & Associates, Inc. 8 Quality Environmental Review Makes a Different,