15-096 David J Powers & Associates for the CEQA Environmental Review for the Vallco Specific Plan Redevelopment ProjectTHIRD AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND DAVID J. POWERS & ASSOCIATES, INC FOR THE CEQA
ENVIRONMENTAL REVIEW FOR THE VALLCO SPECIFIC PLAN
REDEVELOPMENT PROJECT
This Third Amendment to the Agreement between the City of Cupertino and David J.
Powers & Associates, Inc, for reference dated December 8, 2015, is by and between the CITY
OF CUPERTINO, a municipal corporation (hereinafter "City") and David J. Powers &
Associates, Inc., a California Corporation ("Consultant") whose address is 1871 The Alameda,
Suite 200, San Jose, California 95126, and is made with reference to the following:
RECITALS:
A. On June 17, 2015, an Agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for the CEQA Environmental Review for the Vallco
Specific Plan Redevelopment Project.
B. On September 21, 2015, a First Amendment to the agreement was entered into by
and between the City and Consultant for the CEQA Environmental Review for the Vallco
Specific Plan Redevelopment Project.
C. On November 18, 2015, a Second Amendment to the agreement was entered into
by and between the City and Consultant for the CEQA Environmental Review for the Vallco
Specific Plan Redevelopment Project.
D. The Agreement and the First and Second Amendments are collectively referred to
as the "Agreement" unless otherwise indicated.
E. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. The following Exhibits to the Agreement, are amended to read as shown in the
attachments to this Amendment:
a. Exhibit "A,"-Vallco Specific Plan Redevelopment Project -Contract
Amendment #3
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.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
~~A~
Date: 1:ejkjli
RECOMMENDED FOR APPROVAL: ,
·~ ~ By:.~~ Title~fall2/uPM--f~WWti2--
~·yAttomey
\ ATTEST:
~c~~;tf
City Clerk / 2--J )-()
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO #2015-513, Acct #100-71-702 900-939
Original Contract: (approved 6/16/15) $754,305.00
Amendment #1 (legal wording only) $0.00
Amendment #2: (approved 11/17/15) $164,940.00
Amendment #3: (SOW only) $0.00
Total: $919,245.00
==~ DAVID J. POWERS
8~~
December 3, 2015
Piu Ghosh, Senior Planner
Community Development Department
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Sent Via Email: piug@cupertino.org
Exhibit A
RE: Valko Specific Plan Redevelopment Project-Contract Amendment #3 (revised)
Dear Ms. Ghosh:
I am writing to request an amendment to our existing contract for the Vallco Specific Plan
Redevelopment project (P0#2015-513) to: 1) evaluate off-site school improvements; 2) complete
traffic-related noise analysis and air quality/greenhouse gas peer review for the worst-case project
alternative; 3) and analyze four additional study intersections.
1) Analysis of Off-Site School Improvements
When we prepared our original scope for the project, our basic understanding of the off-site school
improvements lead us to conclude that its analysis was too speculative to analyze in detail in the BIR.
Based on recent information provided by the applicant to the City (i.e., copies of the letters of intent
to the school districts) and discussions with City Staff, however, the details and commitment
regarding the applicant's off-site school improvements have become more concrete.
It is our understanding that the project applicant proposes to: construct a new 700-student elementary
school possibly consisting of two-story classroom buildings, blacktop play areas, and surface parking
at the former Nan Allen Elementary School site; replace the existing portable classrooms at the
Collins Elementary School with permanent, possibly two-story classrooms; and improve the shared
field between the schools with possibly a baseball field. A conceptual site plan of the off-site school
improvements was provided in the letter of intent.
Given the letters of intent and the applicant and school districts' engagement, sufficient detail is
known about the off-site school improvements and their implementation to complete some project-
level analysis of the school improvements in the BIR. Because the new school has not been designed
yet, supplemental project-level analysis of environmental issues including aesthetics, biological
resources, cultural resources, hydrology and water quality, construction and operational noise, and
site circulation shall be required when a formal plan is proposed by the school district. This will be
noted in the BIR.
1871 The Alameda• Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com
This contract amendment includes our subconsultants, Fehr & Peers and Illingworth & Rodkin, Inc.,
to complete technical traffic and noise analyses for the proposed off-site school improvements.
Specifically, for the new 700-student elementary school proposed at the former Nan Allen
Elementary School site, Fehr & Peers will:
• Estimate trip generation based on standard rates published in ITE's Trip Generation
Handbook;
• Develop trip distribution assumptions in collaboration with City Staff based on the
anticipated attendance boundary;
• Add two study intersections on Blaney Avenue (Forest Avenue and Merritt Drive);
• Collect new AM and PM peak period intersection counts at the two Blaney Avenue
intersections;
• Include the two new intersections in all intersection LOS analysis scenarios (Existing,
Background, and Cumulative without and with Project); and
• Document results and potential LOS impacts and, if needed, associated mitigation measures.
Illingworth & Rodkin, Inc. will complete the following tasks:
• A noise monitoring survey of ambient conditions at receptors in the vicinity of Collins
Elementary School and proposed school;
• Quantitative assessment of traffic noise associated with the new school; and
• Quantitative assessment of construction noise and vibration and operational noise (due to
increase in student population and new mechanical equipment)
We will need the following information from the applicant/City about the off-site school
improvements to complete our work:
D Assistance in contacting the appropriate persons to coordinate the noise measurements at the
school sites;
D Map outlining which portable classroom buildings would be removed as part of the
improvements to Collins Elementary School; and
D Existing student enrollment at Collins Elementary School.
We assume that the applicant's air quality and greenhouse gas report for the project will address the
proposed off-site school improvements. This contract amendment includes time for Illingworth &
Rodkin, Inc. to peer review the additional analysis in the applicant's air quality and greenhouse gas
report related to the off-site school improvements.
The analysis of the off-site school improvements in the EIR will require additional DJP&A in-house
time, including reviewing subconsultant technical reports as well as ordering and reviewing an EDR
Radius hazardous materials report.
2
1871 The Alameda• Suite 200 • San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com
2) Traffic-Related Noise Analysis and Air Quality/GHG Peer Review for Worst-Case
Project Alternative
This contract amendment also includes budget for Illingworth & Rodkin, Inc. to quantitatively
analyze the traffic noise associated with the worst-case project alternative and to peer review the air
quality and greenhouse gas analyses for the worst-case project alternative, which was inadvertently
left off in the last contract amendment for the full analysis of four project alternatives.
3) Analysis of Four Additional Study Intersections
In addition, the project's trip generation has recently been finalized and, given the amount of traffic
generated by the project, four additional study intersections will need to be added to the level of
service analysis for the project. The four additional intersections are:
1. Saratoga-Sunnyvale/Remington (Sunnyvale)
2. Saratoga/Cox (Saratoga)
3. Saratoga/SR 85 NB (Saratoga)
4. Saratoga/SR 85 SB (Saratoga)
There are existing, traffic count data for these four additional intersections. New intersections
counts, therefore, are not required.
We estimate that we will need $37,070 to complete the above described work. A breakdown of the
cost for the additional work is provided below.
David J. Powers & Associates, Inc. -in-house budget for coordinating and reviewing
technical reports associated with the off-site school improvements and analyzing the off-
site school improvements in the EIR
Subconsultants*
• Fehr & Peers -traffic analysis as outlined above for the proposed 700-student
elementary school off-site and analysis of 4 additional study intersections
• Illingworth & Rodkin, Inc. -noise analysis as outlined above for the proposed off-
site school improvements, quantitative noise analysis of the worst-case project
alternative, and peer review of off-site school air quality and greenhouse gas
analyses and worst-case project alternative
Total
Note: *Subconsultant costs include a 15 percent administrative fee.
$12,400
$13,915
$10,755
$37,070
Currently, our existing contract has $47,955 for optional transportation tasks (i.e., Saturday
intersection analysis, project phasing analysis, Stevens Creek Boulevard VISSTh1 analysis, and TDM
analysis). Based on City direction, we propose to amend our contract to utilize the funds currently
set aside for the optional transportation tasks for the analysis of the off-site school impacts and other
tasks described above, which would leave $10,885 for optional transportation tasks. Our total
contract amount of $919,245 would remain the same.
3
1871 The Alameda• Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com
If this amendment is acceptable to you, written authorization or an amendment to our agreement will
serve as our binding legal agreement for the proposed change in scope described above and our
authorization to invoice for this work. Please contact me or Kristy Weis ( 408-454-3428,
kweis@davidjpowers.com) if you have any questions about this proposal or need additional
information.
Sincerely,
John Schwarz
Principal Project ManagerNice President
(408) 454-3425
jschwarz@davidjpowers.com
Project# 15-033
4
1871 The Alameda• Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com
SECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND DAVID J POWERS & ASSOCIATES, INC, FOR THE CEQA
ENVIRONMENTAL REVIEW FOR THE VALLCO SPECIFIC PLAN
REDEVELOPMENT PROJECT
This Second Amendment to the Agreement between the City of Cupertino and David J.
Powers & Associates, Inc, for reference dated November 18, 2015, is by and between the CITY
OF CUPERTINO, a municipal corporation (hereinafter "City") and David J. Powers &
Associates, Inc. a California Corporation ("Consultant") whose address is 1871 The Alameda,
Suite 200, San Jose, California, 95126, and is made with reference to the following:
RECITALS:
A. On June 17, 2015, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for the CEQA environmental review for the Vallco
specific plan redevelopment project.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 3 of the Agreement is modified to read as follows:
COMPENSATION TO CONSULTANT
The Compensation section of the Agreement shall be increase by this amendment in the
amount not to exceed $164,940, for a total contract amount not to exceed $919,245.
2. Additional services to be performed include the additional scope of work described in
Exhibit A, which is attached to this Amendment:
a. Exhibit "A"-Additional Scope ofWork
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.
CONSULTANT CITY OF CUPERTINO
A ~~}l Corporation
By: l(/ J ;L--
Title t.,'/7 ~7~
RECOlVIMENDED FOR APPROVAL: .
By~~ Title ~~
ATTEST:
~~ _f;;'r City Clerk
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO #2015-513, Acct #100-71-702 900-939
Original Contract: $754,305.00
Amendment #1 (legal wording only) $0.00
Amendment #2 $164,940.00
Total: $919,245.00
BmB DAVID J. POWERS
13~~
October 29, 2015
Piu Ghosh, Senior Planner
Community Development Department
City of Cupertino
10300 Torre A venue
Cupertino, CA 95014
Sent Via Email: piug@cupertino.org
RE: Vallco Specific Plan Redevelopment Project-Contract Amendment #2
Dear Ms. Ghosh:
Exhibit A
I am writing to request an amendment to our existing contract for the Vallco Specific Plan
Redevelopment project (P0#2015-513) to complete additional transportation tasks. Based on recent
discussions, the City would like us to:
• Add 15 study intersections to the Transportation Impact Analysis (TIA) scope of work;
• Complete full level of service (LOS) analysis at all 55 study intersections and freeway LOS
analysis for up to BIR four project alternatives under Existing, Background, and Cumulative
conditions; and
• Analyze a background condition that assumes historic occupancy of the mall.
In addition, given the complexity of the TIA scope of work, additional meeting attendance by Fehr &
Peers is required. We did not anticipate these additional tasks in our original scope of work. (Note
that our original scope of work included Fehr & Peers attendance at only six project team meetings.)
Substantial coordination between Fehr & Peers, the City, and us has been required thus far regarding
the scope, assumptions, and analysis for the TIA. This contract amendment request is for Fehr &
Peers to complete the above described work, as well as David J. Powers & Associates, Inc. time to
coordinate and review the additional transportation analysis and analyze four project alternatives in
detail in the Draft BIR.
We anticipate the completion of this additional work will require $164,940. This would bring our
total contract amount for this project from $754,305 to $919,245. A breakdown of the contract
amendment request is provided below.
1871 The Alameda• Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com
Existing Contract $754,305
Contract Amendment Request $164,940
• DJP&A in-house coordination and review additional transportation tasks
and analysis of four project alternatives in detail ($50,400)
• Fehr & Peers analysis of 15 additional study intersections including traffic
counts at 10 of the intersections, full LOS analysis of four project
alternatives at all study intersections and freeway segments, analysis of
additional background condition, analysis of a background condition that
assumes historic occupancy of the mall, and attendance at 20 additional
project team meetings ($114,540)
TOTAL CONTRACT (Existing Contract+ Contract Amendment Request) $919,245
Note: Subconsultant costs include a 10 percent administrative fee.
If this amendment is acceptable to you, written authorization or an amendment to our Purchase Order
(#2015-513) will serve as our binding legal agreement for the additional services described above
and our authorization to invoice for this additional work. Please contact me or Kristy Weis ( 408-
454-3428, kweis@davidjpowers.com) if you have any questions about this proposal or need
additional information.
Sincerely,
r~o/7
John :scnwarz
Principal Project Manager/Vice President
( 408) 454-3425
j schwarz@davidjpowers.com
Project# 15-033
2
1871 The Alameda• Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND DAVID J POWERS & ASSOCIATES, INC FOR THE CEQA
ENVIRONMENTAL REVIEW FOR THE VALLCO SPECIFIC PLAN
REDEVELOPMENT PROJECT
This First Amendment to the Agreement between the City of Cupertino and David J
Powers & Associates, for reference dated June 17, 2015, is by and between the CITY OF
CUPERTINO, a municipal corporation (hereinafter "City") and David J Powers & Associates a
California Corporation ("Consultant") whose address is 1871 The Alameda, Suite 200, San Jose,
California 95126, and is made with reference to the following:
RECITALS:
A. On September 21, 2015, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for the CEQA environmental review for the Vallco
specific plan redevelopment project.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 9 of the Agreement is modified to read as follows:
Standard Indemnification:
Consultant shall, to the fullest extent allowed by law and without limitation of the provisions of
this Agreement related to insurance, with respect to all services performed in connection with the
Agreement, indemni(y, defend, and hold harmless the City and its officers, officials, agents,
employees and volunteers from and against any and all liability, claims, actions, causes of action
or demands whatsoever against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, whether physical, emotional, consequential or
otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement
by Consultant or Consultant's employees, officers, officials, agents or independent contractors.
Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice,
expert fees and all other costs and fees of litigation. The acceptance of the Services by City shall
not operate as a waiver of the right of indemnification. The provisions of this Section survive the
completion of the Services or termination of this Contract.
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.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
David J Powers & Associates
~it~
Date: 1/>2./J~
RECOMMENDED FOR APPROVAL:
By: 21!f1~~
Titiy!· ~
\! , '
4 City Attorney
ATTEST: