Loading...
11-119 David J Powers & Associates, Initial Study for Biltmore Apartments, 20030 Stevens Creek Blvd. CITY OF AGREEMENT *,/ CITY OF CUPERTINO SST ys� 10300 Torre Avenue Cupertino, CA 95014 �- CUPERTINO 408-777-3 Q 200 NO ��� BY THIS AGREEM , .i-•- -. entered into this 1st day of November, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Daviid J Powers & Associates, Inc Address City Zip Phone (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: Prepare an Initial Study for the proposed Biltmore Apartments project at 20030 Stevens Creek Boulevard. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A TERMS: The services and/or materials furnished under this Agreement shall commence on 11-1-2011 and shall be completed before 3-31-2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $50,080.00 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 due to negligence, errors and omissions, 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 relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. 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: ENTERED NAME Simon Vuonq, Assistant Planner DEPARTMENT COMMUNITY DEVELOPMENT 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: \ By GARY CHAO Title l'rev,*& *r* Aug h 't . Title CITY PLANNER Tax ID/Soc. Sec. # 1 —1 5 5511 APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD �f ,� DATE _ACCOUNT NUMBER AMOUNT AARTI SHRIVASTAVA � /rik-— � ��/ 13S 15117, 110-2211 $50,080.00 CITY ERK DATE 117-77i/77i/ _ if /11 CITY OF CUPERTINO RECEIPT NUMBER: BS000015117 RECEIVED BY: SIMONV PAYOR: PREG BILTMORE RETAI TODAY'S DATE: 10/21/11 REGISTER DATE: 10/24/11 TIME: 15 :52 2 REFUNDABLE DEPOSIT/RETAIN 20030 SCB - DAVID POWERS $50, 080.00 MISCELLANEOUS FEES 20030 SCB - ADMIN FEE $5, 008.00 TOTAL DUE: $55, 088.00 CHECK $55, 088.00 REF NUM: CHECK #919410 TENDERED CHANGE $5E , 088 .00 $ . 00 EXHIBIT A ©©© DAVID J, POWERS Mita to & ASS • CIATES, INC. October 5,2011 Simon S. Vuong Assistant Planner Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE: 20030 Stevens Creek Boulevard and Biltmore Apartments Project Sent via email to: Simon V(tcupertino.org Dear Mr. Vuong: David J. Powers&Associates, Inc. (DJP&A) is pleased to provide you with this proposed scope of work for the preparation of an Initial Study that satisfies the requirements of the California Environmental Quality Act(CEQA)and the regulations of the City of Cupertino for the proposed for the 20030 Stevens Creek Boulevard Mixed-Use and Biltmore Apartments project. Both the 20030 Stevens Creek Boulevard and Biltmore Apartment sites are located in the City's Heart of the City Specific Plan Area. The 20030 Stevens Creek Boulevard project site is also located in the City's Stevens Creek Boulevard Neighborhood Commercial, Office, and Residential Corridor. This site is approximately three acres in size and located approximately 130 feet west of the Stevens Creek Boulevard/South Blaney Avenue intersection in Cupertino. It is currently developed with approximately 20,000 square feet of retail uses. This site is designated as Commercial/Office/Residential in the City's General Plan Land Use Map and zoned P-Planned Mixed Use Development. The Biltmore Apartments site is approximately 10 acres in size and located south of the 20030 Stevens Creek Boulevard site. The entire property is currently developed with 179 apartments. This site is designated as Medium/Nigh Density(10-20 dwelling units per acre) in the City's General Plan Land Use Map and zoned P(R3)—Planned Development Multiple Family Residential. The proposed project includes two components. The first component is to demolish the existing retail uses on the 20030 Stevens Creek Boulevard site and construct 7,000 square feet of retail uses and 81 apartments. The second component is to redevelop the northeastern corner of the Biltmore Apartments property,which is currently developed with a driveway and surface parking,with 12 new apartments. The project also includes a vehicular connection and pedestrian connection between the two sites. Based on a conversation with you, it is our understanding that the project does not require General Plan amendments or rezoning. David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda• Suite 200•San Jose,CA 95126 Green Business SaAta Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Attached is a scope of work that describes the main issues to be discussed in the Initial Study,and the estimated schedule and cost for completion of the Initial Study. The scope is based upon our familiarity with the area and projects of similar scope and size. Our work will be billed on a time and materials basis, in accordance with the attached fee schedule. If we do not need all the staff hours/cost that have been budgeted,we will only charge you for the time that we actually spent completing the work. If this proposal is acceptable to you, it can be attached as a scope of work to your standard consultant agreement. Once we receive written authorization to proceed and all related project information(see page 6 of the attached scope), we can proceed. We appreciate your consideration of our firm for this work and look forward to working with you on this project. Please contact me or Nora Monette if you have any questions about this proposal or need any additional information. Sincerely, i<1062 Kristy Weis Project Manager David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda• Suite 200•San Jose,CA 95126 Green Business Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com X11© DAVID J. POWERS & ASSOCIATES . INC . Ci DAVID J. POWERS & ASSOCIATES Initial Study Scope of Work David J. Powers&Associates(DJP&A)will prepare an Initial Study to provide environmental review for the 20030 Stevens Creek Boulevard Mixed-Use and Biltmore Apartments project located approximately 130 feet west of the Stevens Creek Boulevard/South Blaney Avenue intersection in Cupertino in accordance with the California Environmental Quality Act(CEQA)and City of Cupertino standards. The proposed project includes two components. The first component is to demolish the existing retail uses on the 20030 Stevens Creek Boulevard site and construct 7,000 square feet of retail uses and 81 apartments. The second component is to redevelop the northeastern corner of the Biltmore Apartments property,which is currently developed with a driveway and surface parking,with 12 new apartments. The project also includes a vehicular connection and pedestrian connection between the two sites. Based on a conversation with you, it is our understanding that the project does not require General Plan amendments or rezoning. Preparation of the Initial Study The Initial Study will describe the proposed project and existing environmental setting,and include an Initial Study checklist that is consistent with the CEQA Guidelines and the City of Cupertino standards. Each possible 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. This scope is based on the understanding that the project would be eligible for a Mitigated Negative Declaration, assuming that there are no significant impacts, or mitigation measures are included in the project to reduce any impacts to a less than significant level) The main components of the Initial Study are described below. Project Description Based on information to be provided to DJP&A by the City/project applicant(see page 6),the Initial Study will provide a detailed description of the project, including the proposed land use and physical characteristics(e.g.,building square footages,building heights,parking, landscaping, circulation, etc.)of the project. Maps and graphics of the project site and proposed project will be included to illustrate the text. 1 In the event that the project would result in a significant,unavoidable impact,or you do not propose to include necessary mitigation,then an Environmental Impact Report(EIR)would be required. DJP&A could prepare the EIR under a separate scope and budget. David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda• Suite 200•San Jose,CA 95126 Green Business Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com sanuclanotaxtv Scope of Work October 5, 2011 Page 2 Environmental Setting,Impacts, and Mitigation An overview of the environmental setting will be provided. The Initial Study will include a checklist based on the form recommended by the CEQA Guidelines. Each possible impact identified in the checklist will be addressed, including a discussion of its significance as well as mitigation measures to reduce impacts, if warranted. We anticipate that the primary issues to be addressed for the 20030 Stevens Creek Boulevard and Biltmore Apartments project will include land use,transportation,noise, air quality, greenhouse gas emissions,hazardous materials,biological resources, and public services(specifically school capacity). These primary issues are discussed below, • Land Use—The Initial Study will describe the existing land use on the site and in the site vicinity. The Initial Study will discuss the project's consistency with applicable land use plans and policies including the City's General Plan,Zoning Ordinance, and Heart of the City Specific Plan. The land use impacts of the proposed project, including possible land use conflicts between uses proposed on-site(e.g., the retail and residential uses on the 20030 Stevens Creek Boulevard site)and possible land use conflicts with nearby uses will also be discussed. Mitigation measures will be identified to reduce land use impacts, as appropriate. • Transportation—The Initial Study will address potential transportation impacts based upon a transportation impact analysis(TIA)prepared by Hexagon Transportation Consultants, Inc. under contract to DJP&A. It is estimated that the net new trips generated by the project would be less than 100 during the peak hour. The TIA will evaluate existing and cumulative conditions. This scope of work assumes that the City of Cupertino will supply a list of approved and proposed development for use in the cumulative analysis. Optional Task: This scope of work includes an optional task of evaluating background and background plus project conditions. The TIA will also include a parking study. While parking is not an issue under CEQA, we understand that parking is a concern of the City. The project is proposing 1.7 parking spaces per unit for the proposed apartments,which is less than required by the City's Municipal Code. Hexagon Transportation Consultants, Inc. will survey three similar apartment complexes to determine peak parking demand. This scope assumes that the City will provide a list of apartment complexes similar to the proposed(e.g.,with ungated surface parking lots) that could be counted. • Noise—The primary noise source in the project area is from vehicular traffic on Stevens Creek Boulevard and Blaney Avenue. The Initial Study will describe existing noise conditions in the project area and identify possible noise impacts both to and from the proposed project based on a noise assessment to be completed by Illingworth&Rodkin under contract to DJP&A. Noise compatibility between the proposed retail and residential uses on the 20030 Stevens Creek Boulevard site will be addressed in the Initial Study. Noise impacts from project-generated traffic, as well as construction-related noise impacts,will also be evaluated. Mitigation measures will be identified to reduce impacts,as appropriate. David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda•Suite 200•San Jose,CA 95126 Gn n Business Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Scope of Work October 5, 2011 Page 3 • Air Quality—The Initial Study will evaluate the potential local and regional air quality impacts of the project. Project construction emissions, including dust and PM10,will also be evaluated in the Initial Study. The Bay Area Air Quality Management District(BAAQMD) recommends that impacts from toxic air contaminants(TACs)and fine particulate matter (PM2.5)from nearby high-volume roadways(such as Stevens Creek Boulevard)and stationary sources upon sensitive receptors(i e.,proposed residence)be evaluated. Concentrations of TACs and PM2.5 would be estimated using BAAQMD screening tables and information to be provided by BAAQMD in germs of cancer risk, non-cancer risk and annual PM2,5 concentrations. Predicted health risk would be compared against BAAQMD thresholds. This scope does not include a refined toxic air contaminants modeling analysis. Mitigation measures for significant air quality impacts will be identified,as appropriate. • Greenhouse Gas Emissions—The Initial Study will evaluate the project's greenhouse gas emissions and compare them to the BAAQMD threshold of significance. The project's greenhouse gas emissions will be estimated using the recommended BAAQMD methodology and modeling. Based on preliminary review, it is anticipated that the project's greenhouse gas emissions would be below the BAAQMD screening levels. Mitigation measures will be identified,as appropriate. • Hazardous Materials—The Initial Study will evaluate the potential for soil and/or groundwater contamination to impact the proposed project,based on a Phase I Environmental Site Assessment and Phase II analysis(if necessary)provided to DJP&A by the City/applicant. This scope of work assumes that the Phase I/II are complete and adequate for CEQA purposes. Mitigation measures for significant hazardous materials impacts will be identified,as appropriate,and will include conformance with local,state, and federal laws and regulations. • Biological Resources—Given the urban and developed nature of the sites,the primary biological resources are landscape trees. The Initial Study will evaluate the project's impact on biological resources,such as removal of trees and impacts on nesting birds,based on a tree survey provided to DJP&A by the City/applicant. Mitigation measures will be identified to reduce impacts,as appropriate. • Public Services—The Initial Study will evaluate the project's impact on public services including fire protection,police protection,parks,and schools. This scope of work assumes that a school impact analysis will be provided to DJP&A by the City. This scope of work assumes the school impact analysis will evaluate the ability of local schools to accommodate project-generated students. The Initial Study will also address all other issues in the checklist, including aesthetics,agricultural resources,cultural resources, geology and soils,hydrology and water quality,mineral resources, population and housing,recreation,and utilities and service systems. j David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda' Suite 200• San Jose,CA 95126 Green Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Scope of Work October 5, 2011 Page 4 Revisions to the Initial Study DJP&A will provide two hard copies of the Administrative Draft Initial Study(ADIS)to City Staff for review and comment. An electronic version of the ADIS, in Word format, will also be provided to City Staff so that comments/edits may be inserted in"track changes." This scope assumes that the City will provide DJP&A with a consolidated set of comments on the ADIS. Revisions will be made to the ADIS, based on comments received from the City. After the revisions to the document have been made, a Word version of the"Screencheck"Initial Study will be provided to City Staff for final review. After final revisions, if any,to the"Screencheck"have been made, DJP&A will provide the City with up to 20 hard copies and a PDF of the document for public distribution and posting on the City's website. Preparation of the Mitigation Monitoring and Reporting Program DJP&A will prepare a draft Mitigation Monitoring and Reporting Program(MMRP)for the project. The MMRP will summarize the mitigation measures identified for all significant impacts,the responsible implementation agency,the monitoring phase,and the enforcement or monitoring agency. Public Comments DJP&A will respond to substantive comments received on the Initial Study during the public review period. This scope of work includes approximately eight hours to respond to written comments received from the public and/or various governmental agencies as a result of circulation of the Initial Study and assisting City Staff with responses to include in the Staff Report. In the event additional comments are received,responses can be prepared on a time and materials basis upon authorization by the City. Meetings This scope of work includes DJP&A Principal Project Manager and Project Manager attendance at one project"kick-off'meeting with City Staff. This scope of work also includes Principal Project Manager attendance at up to two public hearings/meetings and Project Manager attendance at up to five public hearings/meetings. This scope of work does not include attendance of DJP&A subconsultants at meetings or hearings. DJP&A and/or DJP&A subconsultants can attend additional meetings/hearings on a time and materials basis,per your authorization. David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda •Suite 200•San Jose,CA 95126 Green Busy mess Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Scope of Work October 5, 2011 Page 5 ESTIMATED SCHEDULE DJP&A proposes the following optimum schedule for preparation of the Initial Study. DJP&A can commit to maintaining the schedule in the areas which are within our control. Completion of the Initial Study, as described in the schedule below, is based upon receipt of all necessary project information upon receiving authorization to proceed. Delays in receiving requested information or responses by others will result in at least day-for-day delays in the overall schedule. Substantial changes in the project description made after work on the Initial Study has begun, including proposed land uses,number of units, commercial square footage,number of parking spaces, etc., would also result in delay while the document is rewritten. The below schedule also assumes that no comments are received during the circulation of the Initial Study that raise any new issues,or require additional technical studies. Estimated Task Duration Elapsed Time DJP&A receives authorization to proceed and project information listed on the following page. --- 1 day DJP&A subconsultant completes the traffic study 3 weeks 3 weeks DJP&A subconsultant completes noise analysis after receiving traffic data 3 weeks 6 weeks DJP&A completes Administrative Draft Initial Study after receiving the noise analysis 2 weeks 8 weeks City completes review of Administrative Draft Initial Study 3 weeks 11 weeks DJP&A revises document and prepares"Screencheck" Initial Study 2 weeks 13 weeks City completes review of"Screencheck"Initial Study 1 week 14 weeks DJP&A revises document and prepares Initial Study for public circulation 1 week 15 weeks Public Circulation of Draft Initial Study(20 days)* 3 weeks 18 weeks TOTAL +/- 18 weeks Note: *It is anticipated that the Initial Study will qualify for the 20-day public circulation period. David J.Powers&Associates,Inc.is a Certified Green Business Green Business 1871 The Alameda 0 Suite 200•San Jose,CA 95126 SontaganOmonty Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Scope of Work October 5, 2011 Page 6 INFORMATION REQUIRED FROM THE CITY/PROJECT APPLICANT Our scope and schedule are based on the assumption that DJP&A will receive the following concurrent with a Notice to Proceed: Technical Reports ❑ Phase I Environmental Site Assessment ❑ Phase II soil and groundwater analysis(if necessary) ❑ Preliminary Geotechnical Report(if available) ❑ Tree Survey including tree species,diameter measured at 4.5 feet from natural grade,health, and tree location map. The tree survey should also identify any specimen or heritage trees on-site and identify any trees that would be removed as a result of the project. ❑ School Impact Analysis Project Detail ❑ Written project description including required project approvals ❑ Project site acreage ❑ Maximum number of units proposed ❑ Maximum building heights ❑ Number of parking spaces provided ❑ Location and size of existing utility lines that would serve the project(water, sewer, storm drain) ❑ Estimated electricity use(if available) ❑ Estimated water use(if available) ❑ Utility improvements ❑ Cut and Fill amounts ❑ Amount of pervious and impervious surfaces pre- and post-construction ❑ List of Best Management Practices(BMPs)proposed to conform to Provisions C.3 of the NPDES permit ❑ Any proposed street dedication or improvement ❑ Any features proposed to reduce energy(electricity,natural gas, fuel)and/or water use(e.g., proposed LEED certification or Build It Green) Plans(in PDF) ❑ Site plan ❑ Building elevations ❑ Cross-sections ❑ Landscaping plan ❑ Grading and drainage plan David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda Suite 200• San Jose,CA 95126 Green Business Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Scope of Work October 5, 2011 Page 7 ESTIMATED COST We anticipate that the cost to complete the Initial Study on the project will not exceed$50,080. If the City would like the background conditions analyzed in the traffic report,an additional $2,300 is required(see optional task in the table below). We anticipate that the cost of the Initial Study with the optional task will not exceed$52,380. Our work will be billed on a time and materials basis, in accordance with the attached fee schedule. If we do not need all the staff hours/cost 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 written authorization. Tasks Estimated Cost David J.Powers&Associates,Inc. • Preparation of Initial Study and coordination $24,625 • Meetings(Principal Project Manager—3 meetings; Project $5,500 Manager—6 meetings) • Reimbursables(Printing and travel)* $1,210 Subconsultants* • Hexagon Transportation Consultants--traffic and parking study $10,925 • Illingworth&Rodkin—noise analysis $7,820 TOTAL $50,080 Optional Task • Hexagon Transportation Consultants*—analysis of background conditions $2,300 TOTAL with OPTIONAL TASK $52,380 Note: *All subconsultant and reimbursable expenses include our standard 15 percent administrative fee. David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda•Suite 200• San Jose,CA 95126 Green Business Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Scope of Work October 5, 2011 Page 8 ATTACHMENT A Charge Rate Schedule? SENIOR PRINCIPAL $250.00 PER HOUR PRINCIPAL PROJECT MANAGER $220.00 PER HOUR SENIOR ENVIRONMENTAL SPECIALIST $ 195.00 PER HOUR SENIOR PROJECT MANAGER $ 175.00 PER HOUR ENVIRONMENTAL SPECIALIST $ 160.00 PER HOUR PROJECT MANAGER $ 150.00 PER HOUR ASSOCIATE PROJECT MANAGER $ 135.00 PER HOUR ASSISTANT PROJECT MANAGER $ 110.00 PER HOUR RESEARCHER $95.00 PER HOUR DRAFTSPERSON/GRAPHIC ARTIST $ 85.00 PER HOUR DOCUMENT PROCESSOR/QUALITY CONTROL, $ 85.00 PER HOUR ADMINISTRATIVE MANAGER $ 85.00 PER HOUR OFFICE SUPPORT $ 70.00 PER HOUR MATERIALS,OUTSIDE SERVICES AND SUBCONSULTANTS INCLUDE A 15% ADMINIISTRATION FEE. MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. SUBJECT TO REVISION JANUARY 2012 2 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. David J.Powers&Associates,Inc.is a Certified Green Business 1871 The Alameda• Suite 200• San Jose,CA 95126 Green Business A Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com Santa