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81-014 Williams, Platzek & Mocine Consultants - EIR for the Villas Mariani Project(ATTACHMENT) ir City of Cupertino AGREEMENT NO. BY THIS AGREEMENT made and entered into on the 2nd day of February 19 81 by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Williams, Platzek & Mocine (2) Address 221 Cgledonia Strppt City sail -sal -it -o, CA Zip94�Phone 132-2892 (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: Final Environmental Impact Report for the Villas — Mariani Project DELIVERY: EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A —"Work Program and Proposal" Exhibit B —"Cost of services to be rendered" Exhibit C — Description of service rates for additional work TERMS The services and/or materials furnished under this Agreement shall commence on February 2, 1981 and shall be completed before 46 days from commencement as stated above, or as extended by both parties hereto COMPENSATION For the full performance of this Agreement, CITY shall pay CONTRACTOR: $16,275.00 — 80% upon delivery of the draft; remaining 20% upon certification of the final EIR GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the per- formance of this agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability Contractor shall file with City a Certificate of Insurance before commencing any services under this agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non -Discrimination. No discrimination shall be made in the employment of persons under this agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between City and undersigned. At all times Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this agreement is an officer or employee of City. Changes. This agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: Name James H. Sisk Department Planning & Development Address 10300 Torre Avenue Cupertino, CA 95014 Telephone 252-4505 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: Ayj ERTINO: By \� Title ing l�irp�tnr APPROVALS EXHIBIT A WORK PROGRAM AND PROPOS EIR FOR THE VILLAS AT LAKE MARIANI DEVELOPMENT CUPERTIN O, CALIFORNIA GENERAL SCOPE OF WORK 1. Collect and review available data, update and revise if needed, and collect new data where required. 2. Contact affected public agencies, organizations and indi- viduals. 3. Conduct a field survey of the site and surrounding neigh borhoods. 4. Describe the environmental setting,.analyze the impacts of the proposed project, and recommend mitigations. 5. Prepare 3 copies of an Administrative Draft EIR for -staff review. 6. Print and deliver 40 copies of the Draft EIR and 10 copies of the Final EIR. 7. Attend up to four public meetings, if required. SPECIFIC WORK TASKS Traffic and Circulation The report will provide a detailed analysis of the project related impacts and the cumulative effects on local traffic patterns. 1. Acquire available counts and information from the City: 2. Conduct traffic counts on selected roads at various "screen lines." Extend to 24 hours where necessary. I 5. Discuss existing levels of service at key intersections. Assign future traffic volumes and resulting levels of service for general growth, project growth, and with major improvements to 280 Freeway, DeAnza Boulevard and Homestead Road. 6. Summarize impacts and interpret levels of service for the public. 7. Provide viable mitigations such as restriping, signal and directional improvements. Land Use and Site Plan Analysis The report will identify the compatibility of the project with surrounding development and fulfillment of recreational needs.. 1. Review applicable development policies, the Cupertino General Plan, zoning and subdivision ordinance. 2. Discuss the conversion of orchard to residential use. 3. Consider the effects of eliminating the fruit packing plant on local agriculture and employment. 4. Describe the existing neighborhood, including density and housing types. 5. Analyze the neighborhood recreational needs and compare to the project proposal. 6. Evaluate the compatibility of the proposed plan with the site and existing neighborhood character. Assess the adequacy of on-site recreational facilities. 7. Discuss the potential for privacy intrusion from the Villas at Lake Mariani on the adjoining Northpoint resi- dential community. 8. Recommend site design mitigations which incorporate and integrate recommended mitigations from this and other sections Public Services The report will focus on sewer capacity and the school system and include the following; 1. Contact public service agencies. Determine capacity.of systems. 2 2. Calculate water requirements and sewage generation and capability of agencies to provide service in conjunction with anticipated growth. 3. Suggest'water conserving techniques to reduce service demand. 4. Estimate number of school children and age distribution from the project. Assess the impacts on local schools. Provide mitigations as necessary. 5. Determine capability and concerns of other agencies (police, fire) to serve the site. Visual Quality and Design 'i A visual analysis will be conducted to study the effects of the project on existing neighborhood character and form. 1. Identify City policies on urban design, review subdivision standards for site planning, and review architectural drawings for the project. 2. Identify and describe existing visual conditions in the project area and on the site, including tree cover, views, buildings and roadways. 3. Prepare photographs of the project site and compare with sketches of the proposed development. Analyze the effects on neighborhood form and character. 4. Assess the effects of the project on the adjoining North- point development in terms of scale, visual intrusion, and privacy. 5. Evaluate the suitability of the proposed project with City policies on urban design and aesthetics. 6. Make recommendations to mitigate all possible adverse visual impacts of developing the site. Climate and Air Quality The project will be evaluated with careful attention to air quality degradation which has occurred in the Santa Clara Valley. Mitigation measures will be emphasized. 1. Assemble existing climate and air quality information. 2. Prepare analysis based on Air Quality requirements, in - eluding wind rose, atmospheric, topographic and seasonal conditions and,inversion characteristics. 3 _ . 3. Identify Federal, State, Regional, County and City i standards and regulations for air quality. 4. Evaluate a summary of ambient air quality pollutants and the effects on sensitive receptors, such as children, the �I elderly and crops. 5. Compute the site specific and cumulative effects of the project on air quality. 6. Compare the project with Non -Attainment Plan and discuss inconsistencies. 7. Recommend mitigations to reduce vehicular travel and air degradation and alternatives, if appropriate. Noise Conditions The short-term effects of removal of the warehouses and site construction will be evaluated. The report will also consider the effects of traffic noise from the 280 Freeway on resi- dential development at the site. 1. Identify applicable noise contours and standards of City and State; review and compile other relevant data. 2. Define the existing anf future Ldn and L10' L50 and L90 noise levels for the site. 3. Identify the effects of 280 Freeway on future Lake Mariani residents. 4. Identify the significant short- and long-term impacts, both on- and off-site for project -related noise. 5. Recommend mitigation measures, such as construction materials .and building design to reduce residential noise levels. Alternatives Analyze possible alternatives to the proposed project includ- ing the following: 1. No project - retain existing uses. 2. Lower density development. 3. Other land uses. i �t Study Management and Report Production Overall responsibility for project completion will be Rudy Platzek, Partner in Charge. Paul Fenner will act as Project Manager and coordinate the work of the other members of the WPM EIR Team. Reports received from subconsultants will be unified and interrelated within the report format established by the pro- ject manager, resulting in a cohesive and complete document. All report graphics will be executed by WPM staff members to ensure format consistency and uniform quality. Reports will be printed back to back to reduce bulk and velo- bound to facilitate filing and distribution by mail. 5 EXHIBIT B COST FOR SERVICES TO BE RENDERED TO PREPARE THE ENVIRONMENTAL IMPACT REPORT ON VILLAS -AT -LAKE MARIANI DEVELOPMENT PROJECT TOTAL: $16,275 .6 Per - Gross for - Budget Item Fee mance Introduction Section 150 WPM/PF Project Description 200 WPM/PF Summary Section 450 WPM/PF Land Use and Site Plan Analysis 1,950 WPM/PF Traffic and Circulation 2,800 DG Air Quality 750 WPM Noise Conditions 750 Wpol Public Services 1,000 WZ Energy Conservation 300 WPM Visual Quality/Design 1,500 PF Unavoidable/Cumulative/Growth Inducement Analyses 800 WPM Alternatives Section 600 WPM/PF Report Typing and Production 1,000 WPM Report Mapping and Graphics 1,100 WPM References and Appendices 100 WPM/PF Revisions and Responses to Comments 1,000 WPM/PF Public Meetings 1,000 WPM Printing and Delivery 825 WPM 3 copies ADEIR @ 25.00 ea = $ 75.00 40 copies DEIR @ 12.50 ea = 500.00 10 copies FEIR @ 15.00 ea = 150.00 pick up and delivery = 100.00 TOTAL: $16,275 .6 EXHIBIT C DESCRIPTION OF SERVICE RATES FOR ADDITIONAL !CORK In order to complete the services hereinabove described by the agreed-upon date and price, no significant modifications to the development proposal will be allowed unless mutually agreed to by Williams, Platzek and Mocine and City. Addi- tional services shall not be performed and Williams, Platzek and Mocine shall not be entitled to receive any compensation for additional services unless prior written approval of such additional services has been given by the City. Any addition- al services provided by Williams, Platzek and Mocine beyond those services described herein shall be billed separately, on a time and material basis as set forth below: LABOR RATE/HOUR Principals $50 Senior Planners $40 Associate Planners $25 Assistant Planners $18 Planning Technicians $15 WILLIAMS, PLATZEK & MOCINE / CITY & REGIONAL PLANNING 221 CALEDONIA STREET SAUSALITO CALIFORNIA 94965 TELEPHONE 4153322892 SYDNEY H. WILLIAMS,A.I.P. RUDOLPH R. PLATZEK, A.I.P. CORWIN R. MOCINE, A.I.P. (EMERITUS) 28 January 1981 James H. Sisk, Planning Director City of Cupertino P.O. Box 580 Cupertino, CA 95015 RE: Villas Mariani EIR Project Dear Mr. Sisk: This is to notify you that WPM does not have any past nor present professional or financial relationship whatsoever with the Mariani Group of Companies nor Richardson Nagy Martin, Architects.' Sincerely, Rud ph R. latzek RRP:ni Site Developments Plans Master Plans Specific Plans General Plans Environmental Assessments Land Use Capability Plans Intergovernmental Relations