99-125 David J. Powers & Associates, Prepare environmental assessment – Vista Drive 04 cUPF � AGREEMENT RECERED
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o CITY OF CUPERTINO
10300 Torre Ave. OM I.peam 3 MR, E.
'• • Cupertino, CA 95014
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BY THIS AGREEMENT made and entered into on the 10th day of Nnvemher 19 99
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) David J . Powers & Associ ates (2)
Address 1 885 The Alameda *204 City San .TORP Zip 951 26 Phone 248-3500
(Hereinafter referred as CONTRACTOR),in consideration of their mutual covenants,the parties hereto agree as follows:
CONTRACTOR Shall provide or furnish the following specified services and/or materials:
See Attachment listed as Exhibit A
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS The services and/or materials furnishedunderthisAgreement shall commence onNnvember 1 2 , 1 999
and shall be completed before
COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR:
GENERAL TERMS AND CONDITIONS
Hold Harmless.Contractor agrees to save and hold harmless the City,its officers,agents and employees from any and
all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the
performance of this agreement. City shall not be liable for acts of Contractor in performing services described herein.
Insurance.Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before
commencing any services under this agreement: Said Certificate shall be subject to the approval of City's Director of
Administrative Services.
Non-Discrimination.No discrimination shall be made in the employment of persons under this agreement because of
the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense
that the relation 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.
Changes. This agreement shall not be assigned or transferred without the written consent of the City: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 Vera Gil DEPARTMENT Planning
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.
CONTRACTOR: CITY OF CUPERTINO:
__ By Robert S . Cowan
Title e5. -�n, Title Director of Community Development
Soc. Sec.# T 7-07-19577
APPROVALS EXPENDITURE DISTRIBUTION
DEPA(�Tp/IENT HEAD Di DATE ACCOUNT NUMBER AMOUNT
V 110 7405 7014 8 , 325
CITY CLE- - --�L DATE / p
CITY CLERK COPY 000
®®® DAVID J. POWERS
November 3, 1999
Ms. Vera Gil, Planner II/Housing Services
•
City of Cupertino Community Development Department
10300 Tone Avenue
Cupertino, CA 95014
RE: PROPOSAL FOR VISTA DRIVE HOUSING DEVELOPMENT
Dear Ms. Gil:
David J. Powers & Associates, Inc. is pleased to submit to the City of Cupertino this proposal to
prepare an Environmental Assessment for the proposed affordable housing development located
on Vista Drive, north of Stevens Creek Boulevard. The enclosed proposal has been prepared
based upon consultation with yourself; the information in your letter, a field visit, and our
experience with other similar projects.
David J. Powers and Associates, Inc. (DJP&A) has developed a reputation locally for our
success in processing environmental assessments on affordable housing projects. We have been
in the business of preparing environmental documents for over 27 years, and are expert in CEQA
and NEPA, in addition to having a strong understanding of local environmental issues.
The proposed project is an affordable housing development located on an approximately 0.84
acre site, on Vista Drive. The site is currently vacant, and appears to be used as a construction
staging or storage site..The development site is located in an area of residential (townhouses and
single family), commercial office uses, with a new fire station under construction on the
adjoining property. The development parcel fronts on Vista Drive, with no improvements, and is
a through parcel with the rear portion fronting on Randy Lane. The project is proposed to be
developed with 24 affordable rental units and 6,000-square feet of office space.
Our scope of work proposes to complete the NEPA environmental review, a Format I
Environmental Assessment (EA), which will be prepared to comply with HUD guidelines and
requirements. Specific issues of importance to HUD will include the following: cultural
resources, noise, hazardous materials, traffic and biological resources.
The discussion of cultural resources will be based on a field survey, photo documentation and
records search conducted by Holman & Associates. Our preliminary field visit of the site does
not indicate the presence of any historic structures within the Area of Potential Effect (APE). As
you are aware, the findings in the EA, with respect to historic resources, will require concurrence
with the State Historic Preservation Officer(SHPO).
A noise analysis will be prepared for the project by the firm of Illingworth & Rodkin. At this
time we are proposing to utilize the noise analysis completed in May/1999 for the adjacent fire
0Environmental Consultants&Planners
1885 The Alameda•Suite 204•San Jose,CA 95126•Tel:408-248-3500-Fax:408-248-9641
station. Assuming no new noise measurements are needed, Illingworth & Rodkin will prepare an
update of that analysis and provide a project noise report to comply with HUD noise
requirements.
The potential for hazardous materials to affect the site or proposed uses will be discussed in the
Format I, based upon the Phase I Assessment for the site provided to DJP&A by the City. Based
upon trip generation estimates for the proposed use, it is assumed that no traffic analysis will be
warranted for the project. This will be confirmed with the City's Department of Public Works.
The Format I document will describe the biological resources on the site, including the potential
for the site to provide habitat for endangered species.
Other issues to be addressed in the Format I document, as required by HUD, will include:
floodplains, wetlands, air quality, and airport clear zones. The Format I will also address land use
compatibility, project alternative, and conformance with relevant land use plans (i.e., General
Plan and zoning designations). The discussion of project alternatives will be based upon
information provided to DJP&A by the City and the developer.
Our scope includes the preparation of an administrative draft version of the Format I document,
uli to three copies of which will be submitted to you for review and comment within ten days
from the authorization to proceed and receipt of the Phase I Environmental Site Assessment and
project plans. After review of the Administrative Draft EA, five copies of the Draft EA will be
provided for submittal to HUD. This time frame does not include HUD and SHPO review and
the required noticing period to complete NEPA process. It also does not include preparing
documents for CEQA compliance.
The cost for our work will not exceed a maximum of$8,325 and will be billed on a time and
materials basis, in accordance with the attached charge rate schedule. The breakdown of
expenses is as follows:
Administrative Draft Format PEA $3, 720
Revisions to Admin. Draft Format I $ 930
Graphics and reproduction $ 500
Update Noise Report (Illingworth & Rodkin) $2, 875*
Cultural Resources Records Search $ 300
Total Cost to Complete Format I/EA $8, 325
*New noise measurements by the noise consultant would be an additional $2,000 to their scope
of work.
Please do not hesitate to call should you have any questions regarding this proposal. We
welcome the opportunity to be of service to the City of Cupertino.
�Snelrely,
C David Powers+,`
President
CEO
CJ MU0
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+ 1 ! FAX TRANSMISSION
::: DAVID J.POWERS&ASSOCIATES,INC.
s O 1 885 THE AIAMEDA, SUITE 204
i . ® SAN J 95126
I(.� (40818) 248-3500
• • FAX: (408) 248-9641
To: Vera Gil, City of Cupertino Date: 11.3 1999
Fax#: 777-3333 Pages:3 , including this cover sheet.
From: Dave Powers
Subject: Vista Drive Environmental Assessment
COMMENTS:
Vera,
Attached is our proposal to prepare the Environmental Assessment for the Vista Drive
affordable housing project. In preparing the proposal, my staff pointed out the requirement for a
noise analysis that will need to be prepared to comply with HUD's NEPA criteria(this is
different from the criteria used for CEQA). Therefore, the cost in the proposal includes this noise
analysis,which is a item that I had forgotten when we first spoke on the phone.
Also, my staff is sure that they can meet your time schedule needs.
Please call me if you want to discuss.this further. Thank you.