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12-098 Fehr & Peers, Taylor Retail Redevelopment Project on Stevens Creek & Saich CITY OF AGREEMENT ‘, �' CITY OF CUPERTINO 10300 Torre Avenue , ,\ Cupertino, CA 95014 I-7-p ((� CUPERTINO 408-777-3200 NO. -" �� THIS AGREEMENT, made and entered into this 31st day of August is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Fehr & Peers, & 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: See Exhibit A. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement shall commence on September 6th, 2012 and shall be completed no late t an Febraary 2&",2012 . 1)&4.,t'<' ai'" COMPENSATION: For the full performance of this/Agreement, CITY shall pay CONTRACTOR: $4,750.00. 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 negligent 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 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: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least $1,000,000. 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 or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause 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 Page 2 of 3 Short Form Agreement • 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. 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: Gary Chao, City 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. '_._,_.._._-- By Gary Chao T. e ' Pr')J .rj,�+sc/ Title: City Planner �'� Soc. Sec.#or Tax l.D ` APPROVALS EXPENDITURE DISTRIBUTION DEPA MENT 'D DATE _ACCOUNT NUMBER AMOUNT , TY A RNEY APPROVED AS TO FORM DATE' Lr,_-4,1,y L_ 1( 0 ,? 1 ', 10-, 1 f—i 4q-1-Se. CIT);_cL OiletkeDLAZISL.. , DATE rils 17? f� / /I Page 3 of 3 Short Form Agreement FEHR PEERS EXHIBIT A May 11,2012 George Schroeder Assistant Planner City of Cupertino Community Development Department, Planning Division 10300 Torre Avenue Cupertino,CA 95014 Re: Proposal to Prepare a Preliminary Transportation Evaluation for the Proposed Taylor Retail Redevelopment in Cupertino, CA Dear Mr. Schroeder: Fehr & Peers is pleased to submit this proposal to evaluate transportation and parking-related issues associated with the proposed redevelopment of the site at 20803 Stevens Creek Boulevard in Cupertino, California. The proposed Taylor Retail project would replace roughly 11,900 square feet of existing active and vacant retail and restaurant uses on site with approximately 11,600 square feet of retail space and approximately 4,100 square feet of restaurant space.This letter includes our proposed scope of work,fee, and schedule to complete the analysis. r SCOPE OF WORK Based on our telephone conversation, we propose to conduct a preliminary transportation evaluation of the project to identify any potential circulation and parking issues, and to determine if a comprehensive transportation impact analysis (TIA) Is required. This evaluation will include a trip generation analysis for the proposed development to determine whether a TIA would be required per City of Cupertino and Santa Clara Valley Transportation Authority (VTA) guidelines. We will also review the project site plan and evaluate on-site circulation, safety, and potential vehicle queuing issues. A site visit is also as part of this study to determine if there are any external factors that may affect circulation and mobility. Potential improvements will be developed if the analysis finds that the site plan configuration causes Impacts in any of these areas.A review of parking supply will also be conducted to determine whether the site meets the City's parking code requirements. We will prepare a brief technical memo summarizing the results of the trip generation analysis, site plan review, and parking analysis, and submit it to you for comments. We will then incorporate your comments into a final memorandum. FEE AND SCHEDULE The fee to conduct the analysis and documentation as described above is a fixed fee of$4,750. This includes all professional and support staff time, as well as direct expenses. Additional services, including conducting a comprehensive TIA or attendance at any meetings or hearings, will only be conducted upon written authorization at our standard billing rates (see attached).We estimate that we can complete the analysis and provide a preliminary summary of results within four weeks of receipt of a signed and fully executed contract and a final set of site plans. 160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717 www.fehrandpeers.com George Schroeder FEHRA'PEERS August 26,2011 Page 2 of 3 If this scope, fee, and schedule are acceptable then please provide us with a contract for our review and signature. This proposal is valid for a period of 60 days. We appreciate the opportunity to submit this proposal and to work with you. Should you have any questions, please call Ian Barnes at(408)278-1700.We look forward to working with you on this project. Sincerely, FEHR&PEERS Ian Barnes, E.I.T. Transportation Engineer -P. P.44/.1/ D.Sohrab Rashid Principal P12-2379-SJ 160 West Santa Clara Street Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717 www.fehrandpeers.com FEHRkPEERS 2011-2012 (Jan.through June 2012) Hourly Billing Rates Classification Hourly Rate Principal $185,00 - $295.00 Senior Associate $165.00 - $225,00 Associate $115.00 - $185.00 Senior Engineer/Planner $120.00 - $175.00 Engineer/Planner $90,00 - $130.00 Senior Technical Support $110.00 - $155.00 Administrative Support $65.00 - $120,00 Technician $110.00 - $120.00 Intern $50.00 - $90.00 • Other Direct Costs/Reimbursable expenses are invoiced at cost plus 10%for handling. • Personal auto mileage is reimbursed at the then current IRS approved rate (0.555 cents per mile as of Jul 2011). • Voice &Data Communications(Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor. effective 6/2512011 Fehr&Peers reserves the right to change these rates at any time with or without advance notice.