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11-002 Agreement, David J. Powers and Associates, Inc., Environmental Review, Cleo AvenueCITY OF m CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. 032920 BY THIS AGREEMENT, made and entered into this 5th day of Januarv. 2010, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and David J. Powers and Associates, Inc.; Address: 1871 The Alameda, Suite 200, San Jose, CA 95126 Phone: 408-248-3500; e-mail: jfenerty@davidjpowers.com (Hereinafter referred as CONSUL TANT), in consideration of their mutual covenants, the parties hereto agree as follows: CONSUL TANT shall provide or furnish the following specified services and/or materials: Prepare environmental review, both CEQA and NEPA, for the proposed Cleo Avenue, Cupertino affordable housing project. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope of Work and attachments (Attachment A: NEPA Scope of Work; Attachment B: CEQA Scope of Work ; Attachment C: DJP&A Charge Rate ; Attachment D: Qualifications of Project Team) TERMS: The services and/or materials furnished under this Agreement shall commence on January 1. 2011 and shall be completed before June 30, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSUL TANT: An amount not to exceed $23, 136. GENERAL TERMS AND CONDITIONS Hold Harmless. A. Claims for Professional Liabilitv. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, 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, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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. Consultant 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. B. Claims for Other Liabilitv. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement indemnify, 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, that arise out of, pertain to, or relate to the 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. Insurance. Should the City require evidence of insurability, Consultant 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 discrirrination 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 Consultant. 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, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant 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: Gary Chao, City Planner DEPARTMENT: Community 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. CONSULTANT: ~;~1 •• C~ CITY OF CUPERTINO• A By~ -~ Tax l.D 77-0219577 APPROVALS EXPENDITURE DISTRIBUTION $23,136 1-/{--( NonwDesign Professional Agreement ==B DAVID J. POWERS & ASSOCIATES. INC. 81~~ Chris Weaver Director of Housing Development Habitat for Humanity Silicon Valley 513 Valley Way Milpitas, CA 95035 December 21, 2010 Subject: Scope of Work for NEPA Environmental Review for HUD Funding 12425 Cleo A venue, Cupertino, California Dear Ms. Weaver: David Powers & Associates (DJP&A) is pleased to submit to you this Scope of Work to prepare environmental review for the proposed 12425 Cleo Avenue, Cupertino affordable housing project. It is our understanding that Habitat for Humanity Silicon Valley proposes to develop four single-family detached houses on the 0.26-acre site, located on the south side of Cleo Avenue in south Cupertino. The site is currently vacant, and is bordered by State Route 85 to the east, and residential development to the west. The site has a General Plan land use designation of Medium/High Density Residential (10-20 du/acre), and a zoning designation of R3: Multiple Family Residential. It is our understanding that the project would qualify for federal funds and, therefore, requires federal National Environmental Policy Act (NEPA) environmental review in conformance with U.S. Department of Housing and Urban Development (HUD) requirements. There are four primary issues that need to be addressed in the environmental review for the project: 1) Noise, 2) Cultural Resources, 3) Hazardous Materials, and 4) Air Toxics from the site's proximity to the highway (State Route 85). The outcome of these technical studies will determine the level of review document that will be required under both NEPA and CEQA. Based on the small size of the project (four houses), we believe the project would qualify for a Categorical Exclusion (CE) under Section 58.35(a)(4)(i) of the HUD Environmental Review Procedures, rather than requiring an Environmental Assessment (EA) to support a Finding of No Significant Effect (FONSI). We assume that the City of Cupertino will serve as the NEPA responsible entity, assuming lead federal agency status for the project, and will, therefore, review the HUD CE checklist and facilitate the HUD process. The attached scope, therefore, proposes to prepare a NEPA Categorical Exclusion (Attachment A). Based on a conversation with City pla1111ing staff, compliance with the California Environmental Quality Act (CEQA) would also be required prior to the City's approval of the project. If the results of the noted technical reports show there would be no significant impacts, the project would be eligible for a Categorical Exemption (CatEx) under CEQA for small affordable housing projects, 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com which would be prepared by City staff, based upon the provided technical reports. If the City detennines that the project is not eligible for a CatEx per Section 15192 of the CEQA Guidelines, an Initial Study/Mitigated Negative Declaration would be required.1 We have included a separate scope of work to prepare an Initial Study and checklist to comply with CEQA requirements, should the City require this review. We have also included a cost estimate for a combined CE/IS (Attachment B). The attached response to your request for proposal is based upon project infomiation obtained from the City, a site visit, and DJP&A's past experience with development projects of similar magnitude in the area. DJP&A has a substantial amount of experience preparing environmental documents meeting CEQA and HUD requirements, and have worked with the City of Cupertino on a number of projects. Our team is available to make the process as simple for you as possible. I appreciate your consideration ofDJP&A for this work and look forward to working with you on this project. Please call me if you have any questions about this proposal or need any additional information. Attachment A: NEPA Scope of Work Attachment B: CEQA Scope of Work Attachment C: DJP&A Charge Rate Attachment D: Qualifications of Project Team /10-130 Sincerely, Judy W. Shanley President 1 For example, a CEQA categoricaJ exempti~n may ,not be used for a project with significa~t noise or air quality impacts thafi'ilaf1eqrkr€7Efifig"afi1eili"hit9.Girr·eq.11 Jose, c~ ~5126 •Tel. 408-248-3500 •Fax. 408-248-9641 . www.dav1dwowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review ATTACHMENT A 12425 CLEO A VENUE, CUPERTINO, CALIFORNIA NEPA SCOPE OF WORK December 21, 2010 Page 1 It is our understanding that the project would qualify for federal funds and, therefore, requires federal National Environmental Policy Act (NEPA) environmental review in conformance with U.S. Department of Housing and Urban Development (HUD) requirements. Based on the small size of the project (four houses), we believe the project would qualify for a Categorical Exclusion (CE) under Section 58.35(a)(4)(i) of the HUD Environmental Review Procedures, rather than requiring an Environmental Assessment (EA) to support a Finding of No Significant Effect (FONSI). We assume that the City of Cupertino will serve as the NEPA responsible entity, assuming lead federal agency status for the project, and will, therefore, review the HUD CE checklist and facilitate the HUD process. Determining the eligibility of the project for a Categorical Exclusion requires preparation of a HUD Statutory Worksheet, which includes a checklist that summarizes the project's conformance with federal environmental statutes. The documentation that would accompany the CE includes technical reports documenting the existing hazardous materials, noise, and cultural resources at the project site. Categorical Exclusioll (CE) The Categorical Exclusion (CE) documentation will include a brief project description, referencing the applicable code section determining the eligibility of the project for a CE, the project location, and the proposed funding source and schedule. A location map will be attached. Statutory Worksheet A Statutory Worksheet will be completed to address the project's compliance with 24 CFR Section 58.5, Federal Statutes, Executive Orders and Regulations, as listed below. Completion of the worksheet will be based upon available information, except where noted below. • Floodplain Management [24 CFR 55, Executive Order 11988] • Environmental Justice [Executive Order 12898]. • Wetland Protection [Executive Order 11990] • Coastal Zone Management Act [Sections 307(c), (d)] • Sole Source Aquifers [40 CFR 149] • Endangered Species Act [50 CFR 402] • Wild and Scenic Rivers Act [Sections 7(b), and (c)] • Clean Air Act [Sections l 76(c), (d), and 40 CFR 6, 51, 93] • Farmland Protection Policy Act [7 CFR 658] • Airport Clear Zones and Accident Potential Zones [24 CFR 51D] Historic Preservation [36 CFR Part 800]: The CE will address both historic and prehistoric cultural resources on and adjacent to the project site. Based upon the estimated age of the buildings surrounding the site (less than 45 years old), it is unlikely that they are considered historic resources, and no buildings are currently on the site itself. The City of Cupertino has not identified historic 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review December 21, 2010 Page2 resources in the vicinity of the project, and, therefore, we do not propose building-specific historic analysis for the report. The CE will evaluate the potential for prehistoric cultural resources to be present, based upon an archaeological literature review and field survey by Holman & Associates. This report will include a records search at the Northwest Infonnation Center of the California Historical Resources Information Center (NWIC) in Sonoma, Native American consultation, and an archaeological field survey. Mitigation measures will be identified, as appropriate. In accordance with the National Historic Preservation Act (36 CFR Part 800), Holman & Associates will prepare an Archaeological Survey Report documenting the results of the records search, consultation, and survey work. Following review of the cultural resources report, a letter requesting concurrence of the Finding of No Effect (FOE) to cultural resources will be submitted by City staff to the State Office of Historic Preservation (SHPO) and HUD. Formal concun-ence with the FOE by the SHPO is required under Section 106 of the National Historic Preservation Act (NHP A), prior to a Request for Release of Funds. Noise Abatement and Control [24 CFR51BJ: The CE will describe the existing noise conditions in the project area and address noise impacts to and from the project, based upon a HUD NEPA noise analysis prepared by Illingworth & Rodkin. The noise study will evaluate the noise resulting from the project, as well as potential noise impacts to the project from surrounding roadway traffic, particularly State Route 85. The NEPA Statutory Checklist will also evaluate the potential for demolition and construction noise to impact sensitive receptors in the area .. In accordance with HUD requirements (Noise Abatement and Control 24 CFR 51B), noise insulation features to be included in the project design will be identified and summarized (i.e., HUD Figure 19). Hazardous, Toxic or Radioactive Materials & Substances [24 CPR 58.5(i)(2)]: The CE will evaluate the potential for hazardous materials on site to impact future uses on the site, based on Phase I and Phase II Environmental Site Assessments, which were prepared under separate contract to the Habitat for Hun1anity Silicon Valley and provided to DJP&A. Soil testing has been completed on the site, and no soil contaminants such as aerially-deposited lead or agricultural pesticides were identified on site over residential screening levels. Explosive and Flammable Operations [24 CFR 51 CJ: In addition to the reports described above, HUD requires an evaluation of a project site's proximity to aboveground tanks of flammable and explosive substances, in order to ensure that acceptable separation distances are provided. This evaluation is different and builds on the information that is provided in the Phase I and II environmental assessments. We propose to base this discussion on a hazardous materials users survey memorandum prepared by Belinda Blackie, hazardous materials consultant. Ms. Blackie will complete a vicinity reconnaissance to identify hazardous materials users, and review fire department files to obtain the needed information on chemical storage (chemical type, volume, etc.). When a significant container of a flammable or explosive material is identified, the acceptable separation distance to the site will be calculated. Technical Information Required from Applicant Our scope and schedule are based on the assumption that we will receive the following project information within two weeks of receiving our notice to proceed from Habitat for Humanity Silicon 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidfpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review December 21, 2010 Page 3 Valley. Delays in receiving any of the information listed below will result in day for day delays to the overall project schedule. · • Site plan, including building footprint and setbacks, and private and common open spaces; Conceptual elevations that show building height and window orientation. Revisions to the CE Docume11tatio11 and NEPA Statutory Checklist DJP&A will provide up to five (5) copies of the Administrative Draft CE to the City staff and two (2) copies to Habitat for Humanity Silicon Valley for review and comment. Revisions will be made to the Administrative Draft CE, based on comments received from City staff, and up to 10 paper copies of the CE documentation will be printed and provided to the City for public distribution, and one PDF of the document will be created and provided to the City for posting on the City's website, if requested. Noticing If requested by the City, DJP&A will provide a draft copy of the Notice of Intent to Request Release of Funds for the project. This scope of work does not include publishing the Notice in the newspaper. Meetings This scope of work does not include any meeting attendance by DJP&A staff or subconsultants. If meetings are needed, they can be added, upon your approval, on a time and materials basis. 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review NEPA CHECKLIST ESTIMATED SCHEDULE December 21, 2010 Page4 Completion of the CE will be dependent upon the schedule for the SHPO concunence with the Finding of Effect (FOE) for cultural resources. It is estimated that preparation of the HPSR FOE will require four weeks prior to submittal to SHPO for their approval. The SHPO legally has 30 days to review requests for concunence. This includes time allowed for HUD to receive objections to the Notice of Intent to Request for Release of Funds (NOI/RROF). Upon approval of this scope of work, the estimated schedule will be confinned with the City Cupertino. 12425 Cleo Avenue Optimum NEPA Schedule Task/Product Completed at end of Week Receive Authorization to Proceed --- DJP&A receives site plan, available civil engineering infonnation. Week2 Hazardous Materials User Survey Memo completed. Week2 Holman & Assoc. completes Section 106 Analysis & DJP&A submits to City. Week3 NEPA Noise Analysis completed. Week3 City completes review of Section 106 documentation, and submits request for Week4 concun-ence to State Historic Preservation Officer (SHPO). DJP&A Submits Admin. Draft CE documentation to City. Week4 SHPO Letter of Concun-ence Received (or 30 days elapsed). Week8 City Review of Administrative Draft CE Complete. Week8 DJP&A completes CE for printing and circulation. Week9 City publishes Notice of Intent to Request Release of Funds (NOI/RROF). Week 10 End of 15-day noticing period for NOI/RROF. City requests Release of Funds. Week 11 HUD able to Release Funds (15 day wait) Week 13 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review NEPA CHECKLIST --ESTIMATED COST December 21, 2010 Page5 We anticipate that the cost to complete the NEPA Categorical Exclusion documentation, including the Statutory Checklist will not exceed $15,178, including the cost of the subconsultant reports, reproduction and reimbursable expenses. Our work will be billed on a time and materials basis, in accordance with the attached fee schedule and as outlined below. If we do not need all the time that has been budgeted, we will only charge you for the time that we have actually spent completing the work. This scope of work assumes that no issues arise that would require any additional technical analysis or documentation. In the event that additional technical analysis is required, we could complete that work on a time and materials basis, upon your authorization. David J. Powers & Associates Preparation of NEPA Statutory Checklist Subconsultants* Illingworth & Rodkin (NEPA-only noise) Holman & Associates (cultural resources) Belinda Blackie (hazardous materials) Printing and reimbursable expenses* GRAND TOTAL $4.428 $4,025 $4,025 $2,300 $400 $15,178 * Subconsultant and reimbursable expense costs include our standard 15% administrative fee. 1871 TheAlameda •Suite200 •San Jose, CA95126 •Te/:408-248-3500 •Fax:408-248-9641 www.davidfpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review ATTACHMENT B 12425 CLEO A VENUE, CUPERTINO, CALIFORNIA COMBINED CEQA/NEPA SCOPE OF WORK December 21, 2010 Page 6 Based on a conversation with City plam1ing staff, compliance with the California Envir01m1ental Quality Act (CEQA) would also be required prior to the City's approval of the project. The project may be eligible for a Categorical Exemption (CatEx) under CEQA for small affordable housing projects, which would be prepared by City staff using the NEPA technical reports and two additional reports, as described below. If the City determines that the project is not eligible for a CatEx per Section 15192 of the CEQA Guidelines, then an Initial Study/Mitigated Negative Declaration would be required.2 The two possible paths for CEQA compliance are described below. Additional state statutes and regulations would need to be addressed in the CEQA review, including analysis of toxic air contaminants and noise impacts to the project from the proximity of State Route 85. DJP&A would coordinate preparation of the following required technical studies: Air Quality: The IS will describe the existing climate and air quality of the area, based on existing information. The addition of four new residences on the site would not exceed the Bay Area Air Quality Management District's (BAAQMD) screening thresholds for regional operational emissions and modeling of project regional air emissions from mobile sources is not proposed. Possible construction and demolition impacts (primarily particulate matter emissions) will be addressed in conformance with the BAAQMD's CEQA Guidelines. The proposed project site is within 1,000 feet of State Route 85. This highway and off-ramp are possible sources of several toxic air contaminants (TACs) including diesel particulate matter (from traffic) and benzene (from gasoline). Possible impacts to sensitive receptors (proposed residents) would be assessed by Illingworth & Rodkin, Inc. based upon risk modeling using current California Air Resources Board (CARB) and BAAQMD published guidance for modeling TACs and particulate matter (PM2.5). Mitigation measures will be identified, as appropriate, to reduce impacts from air quality impacts from the highway. Noise: The noise assessment prepared for the NEPA Statutory Checklist would be expanded to include a discussion of state and local noise guidelines, including those included in the City of Cupertino General Plan and Municipal Code. Mitigation measures would be identified to reduce any significant noise impacts to a less than significant level. Assuming the results of the above reports indicate that the project would not result in significant impacts, then the project would be eligible for a CEQA Categorical Exemption and the reports would be provided to the City staff for their use in preparing the Cat Ex. In the event the technical studies indicate that mitigation is required to mitigate significant impact(s), DJP&A proposes to prepare an Initial Study and checklist to comply with CEQA requirements. The most cost-effective approach for Habitat for Humanity would be to prepare the Initial Study and 2 For example, a CEQA categorical exemption may not be used for a project with significant noise or air quality impacts that may require mitigation measures. 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review December 21, 2010 Page 7 NEPA Statutory Checklist as a combined document, which would provide efficiencies in printing and graphics expenses, as well as likely shorter City processing times. The IS would describe the proposed project and existing environmental setting, and will include a checklist that is consistent with the CEQA Guidelines. Each impact identified in the checklist will be addressed, including a discussion of its significance and the mitigation measures that would reduce impacts to a less than significant level. Technical Information Required from Applicant Our scope and schedule are based on the assumption that we will receive the following project infonnation required for the CEQA review within two weeks ofreceiving our notice to proceed from Habitat for Humanity Silicon Valley. Delays in receiving any of the information listed below will result in day for day delays to the overall project schedule. • Site plan, including building footprint and setbacks, parking spaces, square footage of private and common open spaces, and landscaping; • Conceptual elevations that show building height, window orientation, and building appearance; • The location and size of existing utility lines (water, sanitary sewer, storm drain) and capacity of these existing lines to serve the project site and proposed utility improvements (if any); This scope assumes that the following technical reports are provided to DJP&A by Habitat for Humanity Silicon Valley or the City of Cupertino. • Geotechnical Analysis, if available. • Stormwater Quality Control Plan. 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidipowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review CEQA -ESTIMATED COST Categorical Exemption: David J. Powers & Associates Coordination Time Subconsultants* Illingworth & Rodkin (CEQA noise) Illingworth & Rodkin (air quality) TOTAL CATEGORICAL EXEMPTION OR Initial Study/Negative Declaration: David J. Powers & Associates Preparation of Initial Study (when combined with CE) Reproduction & Reimbursable Expenses* Subconsultants* Illingworth & Rodkin (CEQA noise) Illingworth & Rodkin (air quality) I TOTAL INITIAL STUDY/NEGATIVE DECLARATION December 21, 2010 Page 8 $1,080 $805 $3,335 $5,220 $3,418 $800 $ 805 $ 3,335 $8,3581 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review CEQA/NEPA COMBINED -ESTIMATED COST December 21, 2010 Page 9 If the City of Cupertino and Habitat for Humanity choose to proceed with the preparation of both NEPA & CEQA the total proposed costs for the project are listed below. Option 1 -Categorical Exclusion/Categorical Exemption: David J. Powers & Associates Subconsultants* Illingworth & Rodkin (CEQAINEPA Noise) Illingworth & Rodkin (Air Quality) Holman & Associates (cultural resources) Belinda Blackie (hazardous materials) Subtotal Subco11sulta11ts Printing and reimbursable expenses* TOTAL CATEGORICAL EXCLUSION/CATEGORICAL EXEMPTION Option 2 -Categorical Exclusion/Initial Study David J. Powers & Associates Subconsultants* Illingworth & Rodkin (CEQAINEPA Noise) Illingworth & Rodkin (Air Quality) Holman & Associates (cultural resources) Belinda Blackie (hazardous materials) Subtotal Subco11sulta11ts Printing and reimbursable expenses* I GRAND TOTAL $5,508 s 4,655 $ 3,335 $ 4,025 $ 2,300 $14,490 $800 $20,398 $7,846 $4,655 $3,335 $4,025 $2,300 $14,490 $800 $23,1361 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408~248-3500 •Fax: 408-248-9641 www.davidzpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review ATTACHMENT C ==E DAVID J. POWERS El~~ & ASSOCIATES. INC. CHARGE RATE SCHEDULE3 PRINCIPAL SENIOR ENVIRONMENTAL SPECIALIST SENIOR PROJECT MANAGER ENVIRONMENTAL SPECIALIST PROJECT MANAGER ASSISTANT PROJECT MANAGER RESEARCHER DRAFTSPERSON/GRAPHIC ARTIST DOCUMENT PROCESSOR/QUALITY CONTROL ADMINISTRATIVE MANAGER OFFICE SUPPORT December 21, 2010 Page 10 $205.00 PER HOUR $180.00 PER HOUR $158.00 PER HOUR $145.00 PER HOUR $135.00 PER HOUR $ 98.00 PER HOUR $ 82.00 PER HOUR $ 77.00PERHOUR $ 77.00 PER HOUR $ 77 .00 PER HOUR $ 60.00 PER HOUR MATERIALS, OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINISTRATION FEE. MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. SUBJECT TO REVISION JULY 2011 3 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. 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidipowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Enviromnental Review ATTACHMENT D Qualifications of Project Team 1. David J. Powers & Associates, CEQA/NEPA Environmental Review 2. Illingworth & Rodkin, Inc., Noise and Air Quality Consultants 3. Holman & Associates, Archaeological Consultants 4. Belinda Blackie, Environmental Engineer December 21, 2010 Page 11 1. David J. Powers & Associates, Inc. [CEQA/NEPA Environmental Review] Staff for Cleo Avenue Project: Judy Shanley, Principal, Judy Fenerty, Project Manager David J. Powers & Associates, Inc. provides professional consulting services to public agencies and private developers in all areas of enviromnental planning. The company consists of a small group of environmental professionals with extensive experience in urban development and planning and the overall research, coordination, and written preparation of environmental documents, ranging from environmental assessments to full environmental impact reports (EIRs) and environmental impact statements (EISs). Representative projects over the past 35 years have included more than 20,000 acres of industrial park development, twenty-five redevelopment projects, thirteen school projects, twenty golf courses, parks, trails and open space projects, a downtown arena, sanitary sewer lines and wastewater treatment plants, numerous residential developments, retail and office commercial developments, medical and psychiatric facilities, and a high voltage transmission line. Representative transportation projects include a county-wide airports master plan, light rail transit lines, CalTrain extensions and several roadway improvements including freeway interchanges and bridge replacements. Clients have included local City and County govennnents, numerous private developers, the California Public Utilities Commission, Lawrence Livermore Laboratory, the Department of Energy and the Department of Defense. David J. Powers & Associates, Inc. has extensive experience in evaluating environmental impacts associated with urban development, particularly in the fields of air quality, transportation, noise, drainage and flooding, and urban infrastructure construction. The company has devoted special attention to these issues, because they are most frequently central in evaluating urban development. Other issues that are addressed during the environmental review process include impacts to archaeological/historical resources, vegetation and wildlife impacts, land use conflicts, visual and aesthetic impacts, energy conservation methods, hazardous materials, seismic hazards and socioeconomic impacts. David J. Powers & Associates, Inc. honors a basic philosophy of providing each client with objective and thorough research, accurate identification of project impacts, and a carefully written analysis of those impacts with appropriate mitigation. The company has often been selected for projects with critical time schedules, requiring strong management and organizational control. 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review 2. Illingworth & Rodkin, Inc. [Noise and Air Quality Consultants] December 21, 2010 Page 12 Staff for Cleo Avenue Project: Michael Thill (Noise), James Reyff (Air Quality) Founded in 1987, Illingworth & Rodkin, Inc. (I&R) provides a complete range of consulting services in acoustics, vibration and air quality to governmental agencies, private sector clients and other environmental and design professionals. The finn has completed close to 4,000 projects in architectural acoustics, community noise and vibration, industrial noise and vibration control, and air quality studies. The firm emphasizes objective and thorough analyses of issues, timeliness, teamwork, and practical solutions. The firm is experienced with both the State and Federal environmental regulatory processes. Noise: Illingworth & Rodkin, Inc. specializes in the assessment and control of environmental noise. The fim1 provides its services directly to governmental agencies and private sector clients and acts as a sub-consultant to other environmental and design professionals. I&R has completed more than 2,500 projects involving environmental noise, transportation noise studies, industrial noise control, and building acoustics. The firm is considered one of the leading consulting firms in the West Coast that provide a full range of testing and design services for the abatement of transportation noise and vibration. A large number of transportation noise studies ranging from environmental impact assessments to developing comprehensive mitigation measures for residential, commercial and other types of existing and proposed developments have been conducted. I&R combines a strong theoretical and a thorough empirical approach to noise and vibration studies. The firm has extensive experience with the computer models used for transportation noise assessment and staff has been trained in the use of the latest Traffic Noise Model. The fim1 recognizes the computer models' strengths and weaknesses, and its Principals have consistently emphasized the importance of being "on the ground" in a study area, becoming thoroughly familiar with the various parameters that would affect the noise environment and one's ability to predict future conditions, and conducting thorough and comprehensive measurements to assist in the analysis. Project-level noise measurements are made at least weekly. The firm makes about 200-300 noise measurements per year. Air Quality: In 1995 I&R was expanded to include air quality and meteorological capabilities. The bulk of the firm's air quality work involves enviromnental air quality studies that are in support of both private and public projects. Air quality studies for land use projects to support Environmental Impact Reports (EIRs) are most common. Types of projects include specific plans for a variety of land use types, office centers, wastewater treatment facilities, waste management facilities, quarries, and other industrial facilities. The firm also assists local communities in developing air quality policies for incorporation into General Plans. Many projects involve the analysis of air quality impacts from both direct and indirect sources of air pollutants. Indirect sources include transportation facilities, which I&R staff has considerable experience evaluating. Through years of conducting environmental noise and air quality studies for local, state and federal agencies, the firm has developed considerable experience in dealing with both the technical and policy issues. While transp01iation projects can involve considerable air quality technical aspects, the regulatory challenges can be quite complex. This is especially true in the case with federal projects, where plan conformity issues arise. I& R staff has dealt successfully with these issues on a wide variety of projects ranging from reuse of defense bases, large new freeway projects to simple urban intersection modifications. 1871 The Alameda •Suite 200 •San Jose, CA 95126 •Tel: 408-248-3500 •Fax: 408-248-9641 www.davidjpowers.com 12425 Cleo Avenue Project Scope of Work for NEPA Environmental Review 3. Holman & Associates, Archaeological Consultants Staff for Cleo A venue Project: Miley Holman, Sunshine Psota December 21, 2010 Page 13 Holman & Associates (H&A) has existed as an archaeological research firm since the early 1970's, developing into an organization which possesses a wide range of specific abilities and skills which are utilized as needed, as well as wide general knowledge and experience in historic and prehistoric cultural resources management. Each year they complete more than 100 archaeological projects, involving the full range of archaeological research and cultural resource management studies. H&A is a fully equipped archaeological consulting firm with office and laboratory facilities in San Francisco. H&A provides a full range of cultural resources services to the private and public sector, ranging from Phase I cultural resources inventories for due-diligence studies and restraints analysis, through more complex evaluation studies and mitigation programs required under the California Environmental Quality Act and Federal Section 106 requirements of the National Historic Preservation Act. H&A has extensive experience working with Federal, State and Local regulatory agencies: Department of Defense, National Park Service, Anny Corp of Engineers, National Indian Gaming Commission, Native American Heritage Commission, State Historic Preservation Office CalTrans, Department of Parks and Recreation, California State Water Control Board, East Bay Regional Parks District and the East Bay Municipal Utilities District. Their work is also directed at meeting the strictures of enviromnental laws for private concerns, such as housing and other development corporations. Personnel utilized in specific projects vary according to need, though Miley Holman assumes the key management position, suiting his overall experience and expe1iise in cultural resource management and conflict resolution. 4. Belinda Blackie, Environmental Engineer Belinda P. Blackie, environmental engineer, has over 17 years of experience performing Phase I environmental site assessments and related studies, and more than 6 years of experience specializing in HUD vicinity explosive/flammable materials users surveys and other vicinity hazardous materials surveys. With a focus on detail, Ms. Blackie conducts vicinity hazardous materials users surveys for HUD and NEPA projects, among others, by performing a detailed vicinity reconnaissance for potential hazardous materials users combined with exhaustive review of available chemical inventories and other database information, providing a comprehensive summary of possibly significant facilities with respect to proposed prope1iy redevelopment. She also is well-versed in local fire department guidelines for the preparation of related risk assessments. Ms. Blackie also is well-practiced in the identification of facilities likely to have explosive and/or flammable materials storage and in evaluating the HUD "acceptable separation distance" for storage containers, with respect to their proximity to the project site in accordance with 24 CFR Pait 51 C. Ms. Blackie is equally detail-oriented and experienced in the ASTM E 1527-05 (AAI) Phase I environmental site assessment standard. She has worked closely with an environmental attorney having specialized knowledge of the AAI scope, to ensure her Phase I studies cover all required elements, including historic owner/occupant interviews, complete questionnaires, and other often overlooked information. Ms. Blackie is both a Registered Environmental Assessor (REA-06746) and a licensed Professional Engineer (056448). Ms. Blackie has worked extensively with and for local regulatory agencies, city governments, and local school districts 1871 TheAlameda •Suite200 •San Jose, CA95126 •Te/:408-248-3500 •Fax:408-248-9641 www.davidjpowers.com ==E DAVIDJ.POWERS 8 ~ ~ ENVIRONMENTAL CONSULTANTS & PLANNE~S TRANSMITTAL Vera Gil DATE: January 7, 2011 TO: Senior Planner FROM: Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Judy Fenerty Project Manager David J. Powers & Associates 408-248-3500 Job: SUBJECT: Cleo Avenue Project for Habitat for Humanity Contract for Environmental Review Hello Vera -- 10-130 Enclosed please find the original, signed contract for the Habitat for Humanity project on Cleo Avenue. Please let us know if you need anything else at this time. Environmental Consultants & Planners 1871 The Alameda• Suite 200 •San Jose, CA95126 •Tel: 408-248-3500 •Fax: 408-248-9641 • www.davidjpowers.com Forro W•9 Request for Taxpayer Give form to the (Rev. October 20()7) Identification Number and Certification requester. Do not l:Jjipartmenl ol the T remi.ry send to the IRS. Internal Revenue Sllnlite Narrte [as shown on your income tax ratum) C\i di w c. l3usiness name. 1f d1fferen1 lrom abova g Davfd J. Powers & Associates, Inc. UI Chilek appropnale boic: 0 lnd1v1duavS01a propnelor !£! Corporation 0 Partnership l§ 0 l.•m1led l111b1t.ty company. Ent!lf the tax class1l1cahon (D.od1aregarded entity, C-.corporabon. P~partnersh1p) ,.. .....• 0 cKempl 0 payee 6s 0 Other fse9 1ns1ruc11onal "" ~~ Addrl!llS (number, street, and apt. or suite no) Requester's name and address (opt1()nal) Q, u 1871 The Alameda, Ste 200 liS C1Ly, stale. al'ld ZIP code g a. San Jose, CA 95126 fl) GI List ai:counl number(s) here (op\1on~IJ CD w • . Taxpayer Identification Number fTIN) Enter your TIN In the appropriate box. The TIN provided must match the name given on Line 1 to avoid I Social securi: ty numi:e: r J backup withholdlng, For lndtvlduala, this Is your social security number (SSN). However, for a resident . _ allen, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, ii is your employer Identification number (EIN). If you do not havfit a number, see How to get a TIN on page 3. _o_r ___ _ Note. II the account is In more than one name, see the chart on page 4 for guidelines on whose number to enter. Einploy9i' ldentiflclltion numbll!' 77 : 0219577 Certification Under penalties or perjury. I certify that: 1. The number shown on this form Is my correct taxpayer ldent1flcat1on number (or I am waiting for a number to be Issued to me). and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or [b) I have not been notified by the Internal Revenue Service PAS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or {cl the IRS has notlOed me that I am no longer subject to backup wlthholdfng, and 3. I am a U,S. citizen or other U.S. person (denned below). Certification Instructions. You must cross out Item 2 above 11 you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax retlJm, For real estate transactions, llem 2 does not apply. For mortgage Interest paid, acquisition or abandonment of secured properly, cancellation of debt, contributions to an indl11iduat retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required ti:i sign the Certifica~on, but you must provide your correct TlN. ee the Instructions en page 4. Sign Here Section references are to the Internal Revenue Code unless otherwise noted. D i 1tion of a U.S. person. For f constdered a U.S. person 1f you are: • An ind1v1dual who ts a U.S. citizen or U.S. resident alien, - Purpose of Form A person who is reqwred to file an information return wtth the IRS must obtain your correct taxpayer 1denlification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellat1on of debt, or contribul1ons you made lo an IRA. • A partnership, corporation, company, or assoc1allon created or organized in the United States or under the laws of the United States, Use Form W·9 only 1f you are a U.S. person (including a resident al1en). to provide your correct TIN to the person requesting 1t (the requester) and, when applicable, to: 1. Certify that the TIN you are giving 1s correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding If you are a U.S. exempt payee. tr applicable, you are also certifying that as a US. person, your allocable share of any partnership rncome from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if It Is substantially similar lo this Form W-9. • An estate (other than a foreign estate), or • A domestic trust (as defined 1n Regulations section 301. 7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income From such business. Further, m certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, 1f you are a U.S. person that is a partner 1n a partnership conducting a trade or business in the United Slates. provide Form W·9 to the partnership to establish your U.S. status and avoid w1thhald1ng en your share o! partnership income. The person who gives Form W-9 lo the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business 1n the United States is tn the following cases: • The U.S. owner or a disregarded entity and not the entity, Cat No. 10231X Form W-9 (Rev. 10-2007)