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12-082 Fehr & Peers, Attend meetings and prepare documentation for site access evaluation PO 57818 / 57819 CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue vERI9ss \l/)' Cupertino, CA 95014 �2�� CUPERTINO 408-777-3200 NO. THIS AGREEMENT, made and entered into this 1st day of August, 2012 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Fehr& Peers, 160 W. Santa Clara St, Suite 675, San Jose, CA 95113 Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Attend Meetings and Prepare Documentation for a Site Access Evaluation in Cupertino, California. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A — Scope of Work. TERMS: The services and/or materials furnished under this Agreement shall commence on August 1St, 2012 and shall be completed no later than January 31st, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5,000.00. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 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. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Page 1 of 3 Short Form Agreement—Use for services not to exceed 55,000.00 Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with a seven (7)-day notice. The Contractor may terminate this Agreement with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. Page 2 of 3 Short Form Agreement— Use for services not to exceed $5,000.00 • The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR a`nd�representative for CITY shall be: NAME: RAAP2ft DEPARTMENT: 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: t, By//�/6, �. ���C�� By �(t Title l e-A/1 d/Z .S U G r.q-1-� T i t l e: L I 1-\( t t N LY J Soc. Sec. #or Tax I.D s 6 O d 065 'T o / APPROVALS EXPENDITURE DISTRIBUTION 0.° DEPART NT HE DATE ACCOUNT NUMBER AMOUNT a'(. / OE VAL, /1 0 - C%2cP-f CITY ATTORNEY APPR•:D+AS T�M DAT�3/a r-6 1Lzr(3(I' • gll z A O OOI Page 3 of 3 Short Form Agreement— Use for services not to exceed $5,000.00 FEHR ' ' PEERS July 24, 2012 Aki Honda Snelling Senior Planner City of Cupertino—Community Development Department 10300 Torre Avenue Cupertino, CA 95014-3202 Subject: Proposal to Prepare a Site Access Evalutation in Cupertino, California Dear Aki: Fehr & Peers is pleased to submit this proposal to prepare a site access evaluation for the proposed Parkside Trails housing project on Stevens Canyon Road. The proposed project will subdivide the property to create up to 18 single-family homes. Fehr & Peers prepared and delivered a focused transportation impact analysis memorandum for the project site on June 13, 2012. The analysis addressed the following points for the initial CEQA checklist: • Task 1: Peak Hour Trip Estimates • Task 2: Evaluation of Traffic Impacts at Stevens Creek Boulevard/Foothill Boulevard • Task 3: Preliminary Engineering Review of tl-e Site Plan and Site Visit • Task 4: Documentation Results of the referenced memo indicated that the driveway access at the neighborhood parcel will require additional analysis because there are speed and line-of-sight concerns with the driveway location on Stevens Canyon Road. Based upon our discussions with you and the project applicant representatives, we have prepared this let:er outlining our proposed scope of work, fee, and schedule to complete the driveway analysis. Scope Task 1 —Sight Distance Analysis For the proposed driveway, Fehr & Peers will assess the sight distance for vehicles entering and exiting the project site. For this analysis, we will use Stopping Site Distance (SSD) and Corner Sight Distance (CSD) methodologies identified in the Caltrans Highway Design Manual, Chapter 400. CSD calculates the intersection line of sight maintained between the driver of a vehicle waiting at 160 W Santa Clara Street Suite 6751 San Jose, CA 35113 (408) 278-17001 Fax (408)278-1717 www.fehrandpeers.com Aki Honda Snelling July 24, 2012 Page 2 of 3 a crossroad and the driver of an approaching vehicle. SSD calculates the distance required by the driver of a vehicle, traveling at a given speed, to bring the vehicle to a stop after an object on the road becomes visible. We will use the sight distance analysis to optimize the location of the driveway for site distance and determine the impact, if any, to the adjacent hillside that may be necessary to achieve the recommended line-of-site distance. Based upon our preliminary review, the adjacent hillside may need to be regraded along the eastern front to improve sight distance. We will confirm if this is the case and indicate if there may be a suitable location that will not impact the hillside and maintain adequate site access. Fehr & Peers will need to conduct an additional field review to assess the horizontal and vertical curvature affecting site distances at the proposed project driveway. Aki Honda Snelling July 24, 2012 /Jr Page 3 of 3 Fee and schedule The fee to evaluate the proposed site plan as described above is $5,000, which includes all professional and support staff time and direct costs. If the scope, fee, and schedule are acceptable to you, please provide a contract for our review. Additional services will only be conducted upon written authorization. This proposal is valid for a period of 30 days. We appreciate the opportunity to submit this proposal and to work with you. Should you have any questions, please call us at (408) 278-1700. We look forward to working with you on this project. Sincerely, FEHR & PEERS Nicholas (Drew) Draper, PTP Transportation Planner Robert Eckols, CE 36384 Is licensed by the Board for Professional Engineers and Land Surveyors aie c-SIZ Robert Eckols, P.E. Senior Associate P12-2414-SJ CITY OF AGREEMENT CITY OF CUPERTINO 10300 Torre avenue 01. 94:, Cupertino,Cupertino, CA 95014 �7 �].CUPERTINO 408-777-3200 NO. �/ v �V THIS AGREEMENT, made and entered into this 1``t day of August, 2012 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Fehr& Peers, 160 W. Santa Clara St, Suite 675, San Jose, CA 95113 Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Attend Meetings and Prepare Documentation for a Site Access Evaluation in Cupertino, California. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A — Scope of Work. TERMS: The services and/or materials furnished under this Agreement shall commence on August 1St, 2012 and shall be completed no later than January 31st, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $$4,940.00. California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1,000.00. GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. 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. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Page 1 of 3 Short Form Agreement—Use for services not to exceed $5,000.00 Coverage: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Termination of Agreement. The City reserves the right to terminate this Agreement with a seven (7)-day notice. The Contractor may terminate this Agreement with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. Page 2 of 3 Short Form Agreement—Use for services not to exceed $5,000.00 .The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: VAA.kIL, W E DEPARTMENT: A.. ...� 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. CONTRA TOR: CITY OF CUPERTINO: By f- �� �I By el/ '�' UGC Title 5E-A1rr>4- /4SS044tfe- Title: CA Q L A 1 N ea-- Soc. Sec. #or Tax I.D 6g-0 6 55(0 APPROVALS EXPENDITURE DISTRIBUTION DEP RTME - EAD DAT .ACCOUNT NUMBER AMOUNT a (v of/o7j ((D - -/ e $ 4_ , CITY ATC NEY APPR• ED AS TO FORM DATE (1ts11) P p I“' ? '- tit utL I Y c_,\vi, cluk_ 4i-r° I . . 6--D . 54"4-1- F 3 � r 3 Page 3 of 3 Short Form Agreement—Use for services not to exceed S5,000.00 itt r FEHRk PEERS July 24, 2012 Aki Honda Snelling Senior Planner City of Cupertino—Community Development Department 10300 Torre Avenue Cupertino, CA 95014-3202 Subject: Proposal to Attend Meetings and Prepare Documentation for a Site Access Evalutation in Cupertino, California Dear Aki: Fehr & Peers is pleased to submit this proposal to attend project meetings and prepare documentation for the proposed Parkside Trails housing project on Stevens Canyon Road. The proposed project will subdivide the property to create up to 18 single-family homes. Fehr & Peers prepared and delivered a focused transportation impact analysis memorandum for the project site on June 13, 2012. The analysis addressed the following points for the initial CEQA checklist: • Task 1: Peak Hour Trip Estimates • Task 2: Evaluation of Traffic Impacts at Stevens Creek Boulevard/Foothill Boulevard • Task 3: Preliminary Engineering Review of tie Site Plan and Site Visit • Task 4: Documentation Results of the referenced memo indicated that the driveway access at the neighborhood parcel will require additional analysis because there are speed and line-of-sight concerns with the driveway location on Stevens Canyon Road. Based upon our discussions with you and the project applicant representatives, we have prepared this letter outlining our proposed scope of work, fee, and schedule to complete the driveway analysis. Scope Task 1 —Meetings Fehr & Peers will one project meeting to discus; the analysis results. In addition, we have included our hours for the previous meeting held on June 26, 2012, not included within the original scope of services. Additional meetings will oe billed on a time and materials basis. 160 W Santa Clara Street I Suite 675 I San Jose, CA 95113 I (408)278-1700 I Fax (408)278-1717 www.fehrandpeers.com Aki Honda Snelling July 24, 2012 Page 2 of 3 Task 2—Documentation We will document the methods and results of the analysis in the form of a memorandum. We will also provide comments on speed control enforcement along Stevens Canyon Road, pending the results of Task 1. Editorial and minor technical comments will be incorporated into the final memorandum and submitted to you. Aki Honda Snelling July 24, 2012 Page 3 of 3 Fee and schedule The fee to attend meetings and document the evaluation as described above is $4,940, which includes all professional and support staff time and direct costs. We will deliver our memorandum within three weeks of receiving a fully executed contract. If the scope, fee, and schedule are acceptable to you, please provide a contract for our review. Additional services will only be conducted upon written authorization. This proposal is valid for a period of 30 days. We appreciate the opportunity to submit this proposal and to work with you. Should you have any questions, please call us at (408) 278-1700. We look forward to working with you on this project:. Sincerely, FEHR & PEERS Nicholas (Drew) Draper, PTP Transportation Planner Robert Eckols, CE 36384 Is licensed by the Board for Professional Engineers and Land Surveyors Robert Eckols, P.E. Senior Associate P12-2414-SJ