HomeMy WebLinkAboutDraft Environmental Impact Report - Daniel, Mann, Johnson & Menden Hall -1974 Daniel, Mann , Johnson & Menden Hall
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629EMEW!P FOR PREPARATIONIV
3 DRAFT ENVIRONMENTAL IMPACT REPORT
AGREEMENT made by the CITY OF CUPERTINO, a municipal
3 corporation of the State of California, hereinafter referred to
as "City", and Daniel, Mann, Johnson , 5 Mendenhall, a California
corporation, hereinafter referred to as "DMJM".
Recitals :
A. In connection with the proposed Vallco Park Regional
Shopping Center in City, City has determined that the project may
have it substantial effect upon the environment ; and
B. Accordingly , the Environmental Review Committee of
City has determined that an Environmental Impact Report: will be re-
quired in connection with said project ; and
The Environmental Review Committee of City has selected
DMJM to prepare a draft Environmental Impact Report with respect to
said project .
NOW, THEREFORE, City and DMJ14 hereby agree as follows :
1. DMJM shall prepare a draft Environmental Impact Report
with respect to the proposed Vallco Park Regional Shopping Center
in City , based upon existing data, and any additional data which
may have to be developed properly to assess the effect of the pro-
ject upon the environment „ in accordance with City ' s Environmental
Assessment Procedure , dated March 27 , 1973, emphasizing therein
the questions of traffic , noise and air pollution.
2 . DMJM shall supply City with five copies of the pre-
liminary draft and the finished draft in reproducible form.
3. Gene Garnett shall act as Project Manager for the
report:. and !fir. Garnett shall be required to attend Cicy Council
' Page 2
or Planning Commission meetings as requested by City. Compensation
for requested attendance shall be billed in accordance with para-
graph 4 below.
4. City shall pay DMJM, upon completion of the services,
hereinabove described, a fee based upon 2 1/2 times Direct Person-
nel Expense (DPE) plus Other Direct Costs (ODC) with the total price
not to exceed Twenty-Five Thousand Dollars ($25,000. 00) . Invoices
shall be prepared i.. - ccordance with the Schedule of Billing Rates
for Individuals which is marked Exhibit "A", and is attached hereto
and made a part hereof by reference . DMJM' s Other Direct Costs
shall be billed as DMJM' s costs . Any additional services provided
by DMJM beyond those services described above shall be billed sep-
arately at 2 1/2 DPE plus ODC, but such additional services shall
not be performed , and DMJM shall not be entitled to receive any
compensation therefor, unless prior written approval of such addi-
tional services has been given by City .
5 . DMJM proposes to subcontract with ESL, Incorporated ,
Sunnyvale , California for the air Quality and Meteorological
assessment portion of the report .
6 . DMJ14 represents to City that it is skilled in the
professional calling necessary to perform the services herein above
described, and that it has not been employed by the developers of
Vatico Park in cone; ion with the Shopping Center expansion in
City .
Page 3
7. Cdty shall make available to DMJM all information
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and data which it has in its possession, or under its control,
which may be helpful to DMJM in performing the services herein
above described.
8. All data developed, together with the draft Environ-
mental Impact Report , shall become the property of City .
9. The status of DMJM shall be that of an independent
contractor , and DMJM shall indemnify and save harmless Cit-T from
any and all claims , demands of liability by or to any person for
injuries to person or damage to property arising out of DM.T;M's
negligent performance of the services provided for by this A.. gree-
went .
10. This is the whole agreement of the parties , and
may not be modified except by an instrument in writing executed
by the party against whom the enforcement of any modification ,
waiver or discharge is sought .
• Page 4
a
s
IN W-MESS ftj30Fv the parties have executed this Agreemenv,e
in duplicate , ` e-` —day ®f_ 19?4.
CITY OF CUI ERTINO,
a municipal corporation
of the State of California
By
ay®r
City Cle
Ap roved as to form:
DAVID ADAM
City Attorney
DANIEL, MANN, JOHNSON,
& MEiVDENHAL 1
a California o tion
B
v �-
C. T. Blair, Vice President
DMJM 1-25-74
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EXHIBIT A
BILLING RATES
Division Manager
C. T. Blair 50. 00
Program/Project Managers
E. Garnett 31. 14
3. Pantuso 21. 93
.fir Quality/Meteorology
lump Sum 2, 000. 00
Socio Economics/Urban Planning
E. Peterson 20. 91
M. Frank 12. 99
H. Dodd 28. 11
Geology/Hydrology
K. Herdman 31. 10
J. Pantuso 21. 93
Noise/Traffic
R. C line 24. 33
L. Cothran 30. 36
K. Heald 30. 36
Support Staff
M. Crouch 12. 74
E. Kelsey 13. 32
L. Gallagher 20. 55
J. Simmons 9. 00
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im of rl'i"O,
TO: The Honorable Mayor and Members of the City Council
DATE: August 1, 19744
FROW Wm. E. Ryder, Director of Administrative Services
4' SUBJECT: Revenue Bond Funding
s
The City Council has requested that the staff determine the feasibility of
passing a revenue bond which would be funded from the $67,000 annual commit-
ment ref-ring to the Vallco Park Regional Shopping Center. The question was
expanded also to include possible alternate methods of financing and the
approximate amount which could be funded by this same $67,000 per year.
The advice given by the City's financial consultant, Stone & Youngberg, Inc.
was that a revenue bond was not possible. This type of bond which would
require a majority vote of the people could be used only to fund some revenue-
producing function or activity. An alternate method of financing a major
project could be through the formation of a City-wide assessment district
pledging these monies for debt service requirements. Should this approach be
used, bonds would not be sold but certificates of indebtedness would, which
for all intents and purposes would be similar to assessment district bonds.
The principal that could be realized from this funding capability naturally
would depend on interest rates and other factors. On the basis of current
rates and for a 20-year redemption period, $67,000 of annual funding capability
would purchase approximately $710,000 worth of capital projects at this time.
WER:es
cc: City Manager
1
Oly of Cupee ®
TO: The Honorable Mayor b Members of the City Council
DATE: Feb. 19, 1974
1,7�* Robert W. Quinlan, City Manager_
SIBECT: Question on Conflict of Interest - DMJM
The question has arisen regarding conflict of interest of the Firm Daniel, Mann.
Johnson 6 Mendenhall in relation to firm's involvement in the shopping center
of which DMJM is employed by the City to do an environmental impact report.
After consultation with Mr. Chuck Blair, Vice President of DMJM and Mr. Bill
Nelson, Associate Vice President of DMJM, the follow.:ng information is pre-
sented to elaborate on the statement previously made by DMJM in writing on
January 28, 1974:
The firm of DMJM does not now have nor has had a contract with Penny's or
Bullock's major department stores, nor any of the minor stores that they or
the city are aware of being considered for the shopping center. They nave rat
had any contractual relationship with V.11co Park. They do have, as previously
stated in their letter, a contractual relationship with Lyon and Gordon, com-
prised of Philip Lyon and Sheldon Gordon, who are involved in the development
of the proposed shopping center. This contractual relationship is as follows:
People Movers contract dated May 1973. This project principally involved a
design and specification effort by DMJM for a people mover project in the
Pearl Ridge Shopping Center in Honolulu, Hawaii. This work is now complete and
involved four professional personnel and a $40,000 fee. If the client decides
to proceed with the project the firm may be retained in a consulting capacity
during the course of construction. This could amount to a $5,000 to $10,000
fee for DMJM.
DMJM was employed to do a master plan of Phase 3 of the Pearl Ridge Shopping
Center as of January 1972. This project involved three professional people
from Honolulu-based division, has been completed and involved approximately
an $18,000 fee. In August 1973 DMJM was retained to prepare the working
drawings for a part of Phase 3, specifically, a seven-story office building
and a theatre sheil. This work is 65% - 70% complete and when construction
is completed a fee of approximately $225,000. This phase of the project in-
volved some 10 people.
DMJM is a firm with divisional offices located in Honolulu, San Francisco,
Portland, Seattle, San Diego, Las Vegas, Reno, Washington, D.C. , Baltimore,
Denver - plus various international locations. Their headquarters are in
Los Auseles. They employ approximately 800 full time people in the domestic
�a offices.
MUM's Bross fees amounted to approximately $20,000,000 in 1973.
VEI FIED BY:
Charles T. Blair
Vice President
N
Bill E. .nelson
Associate Vice President
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