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11-103 DAVID J POWERS AND ASSOCIATES, INC., MAIN STREET TRIP GENERATION STUDY CITY OF AGREEMENT %' CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 CUPERTINO / �G3 Cu408-777-3200 NO. 71-77 BY THIS AGREEMENT, made and entered into this 28th day of September, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and David J Powers &Associates, Inc Address 1871 The Alameda, Suite 200 City SAN JOSE Zip 95126 Phone 408.248.3500 (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: Prepare trip generation study and scopinq for the revised Main Street Cupertino project. 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 9-28-2011 and shall be completed before 10-31-2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $6,130.00 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 Aki Honda Snelling, Senior 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: CITY OF CUPERTINO: ByA VI ' g-el-NA-1eBy GARY CHAOS —-�� Title ?Vet tpF OO Title CITY PLANNER Tax ID/Soc. Sec. # 7'- 4)2 I q67? APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD DATE /� �/ ACCOUNT NUMBER AMOUNT AARTI SHRIVASTAVA �% �y/7BS 14884 110-2211 $6,130.00 C CLE-K DATE Vw C�6 I HiQ N k , . /t EXHIBIT A ®®© DAVID J. POWERS eno a t '3 °S,A'CIATES IN'G. ' 0 a hire 'dl September 27,2011 Aki Honda Snelling,AICP Senior Planner Community Development Department City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 RE; Stevens Creek at Finch Master Plan and Project Environmental Review Sent via email to: AkiH@cuoertino.org Dear Ms. Snelling: David J. Powers &Associates,Inc. (DJP&A) is pleased to provide you with this proposed scope of work for the preparation of a trip generation study and scoping for the revised Main Street Cupertino project. In 2008,DJP&A assisted the City in completing an EIR for the Main Street Cupertino project. The 2008 EIR analyzed two project schemes. The developer, Sand Hill Property Company, is now considering modifications to the project schemes analyzed in the 2008 EIR. The 2008 and currently considered project schemes are summarized in the table below. Summary of Development Schemes • Proposed Uses Athletic Senior Market- On-Site Retail Club Office Hotel Housing Rate Parking (sf) (sf) (sf) (rooms)Condos (rooms) (stalls) 2008 EIR Scheme 1 ., 150,000 145,000 100,000 160 --- 150 1,520 2008 EIR Scheme 2 146,500 _ --- 205,000 160 --- 250 1,830 2011 Scheme 1 69,700 60,000 292,000 143 --- 180 1,935 2011 Scheme2 83,200 --- 292,000 143 120 180 1,963 Note: sf=square footage, ac=acres David J.Powers&Associates,Inc.is a Certified Green Business Green Business1871 The Alameda• Suite 200•San Jose,CA 95126 ,.,,p.,.Calmly Tel:408-248-3500•Fax:408-248-9641 •www.davidjpowers.com The new schemes do not appear to be covered by the environmental review in the 2008 EIR. The primary environmental issues for the new schemes include traffic, land use,air quality, and greenhouse gas emissions. As we discussed,the first step in determining what subsequent environmental review is required is to complete a trip generation study to compare the peak hour trips of the proposed schemes to the peak hour trips of the schemes analyzed in the 2008 EIR. If the trip generation study shows that there is an increase in peak hour trips,the City traffic engineer and the consulting traffic engineer would need to assess if the increase was substantial and require additional analysis. Additional analysis could include intersections counts and possibly a Transportation Impact Analysis (TIA). This proposal includes the completion of a trip generation study for the two proposed schemes by Fehr&Peers and time for us to review the study and prepare a scope of work to prepare the appropriate environmental review document for the proposed scheme(s), in coordination with the City. It is estimated that the cost for this work will be$6,130,as outlined below. Task Estimated Cost David J. Powers&Associates - Review of Trip Generation Study - Scoping for Environmental Review (assumes four Principal hours and 12 Project Manager hours) $2,680 Subconsultant* - Fehr&Peers—Trip Generation Study $3,450 TOTAL $6,130 Note: *All subconsultant costs include our standard 15 percent administrative fee. Our work will be billed on a time and materials basis, in accordance with the attached fee schedule (refer to Attachment A). If we do not need all the staff hours/cost requested,we will only charge you for the time that we actually spend completing the work. If this proposal is acceptable to the City, it can be attached as a scope of work to the City's standard consultant agreement. Once we receive written authorization to proceed and confirmation on the project modifications(including the proposed maximum membership for the Lifetime Fitness Center),we can proceed with the trip generation study. It is estimated that the trip generation study will take 1-2 weeks to complete. 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, Kristy Weis Project Manager David J.Powers&Associates,Inc.is a Certified Green Business Green Business 1871 The Alameda• Suite 200• San José,CA 95126 ,an,,,m,f,„;„ Tel:408-248-3500 •Fax:408-248-9641 •www.davidjpowers.com 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% ADMINISTRATION FEE. MILEAGE WILL BE CHARGED PER THE CURRENT IRS STANDARD MILEAGE RATE AT THE TIME COSTS OCCUR. SUBJECT TO REVISION JANUARY 2012 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 Green Business 1871 The Alameda• Suite 200 • San Jose,CA 95126 saw m,,a.+, Tel:408-248-3500 •Fax:408-248-9641 •www.davidjpowers.com CITY OF CUPERTINO RECEIPT NUMBER: BS000014884 RECEIVED BY: TRACI FOR AKI PAYOR: 500 FORBES LLC TODAY'S DATE: 09/28/11 REGISTER DATE: 09/28/11 TIME: 12 :45 1 REFUNDABLE DEPOSIT DJP FOR MAIN ST PROJECT $6,130. 00 TOTAL DUE: $6,130. 00 CHECK $6,130.00 REF NUM: 000206 TENDERED CHANGE $6, 130 .00 $.00