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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: