15-077 Fehr & Peers for Main Street Office 1 Truck Access and On-Site Circulation Evaluation CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CUPERTINO 408-777-3200 NO.
THIS AGREEMENT, made and entered into this 23,d day of June, 2015 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and Fehr & Peers, 160 W. Santa Clara Street, Suite 675, San Jose,
California 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: Main Street
Office 1 Truck Access and On-site Circulation Evaluation.
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:Exhibit A.
TERM: The services and/or materials furnished under this Agreement commenced on June 23,2015 and
shall be completed no later than December 31,2015.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Four
Thousand Six Hundred Dollars ($4,600).
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.
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Agreement—Fehr&Peers,Main Street Project,June 23,2015
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liabili
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
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Agreement-Fehr&Peers,Main Street Project,June 23,2015
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.
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.
CONTRACTCO-ORDINATOR and representative for CITY shall be:
J
NAME: U,-L.,I P= L/= S( 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:
ByvC By
TitAC'
C' Ti Associate Planner
UVAPPROVALS EXPENDITURE DISTRIBUTIO
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE ( XV—&tV e-)) 100220-220 $4,600.00
CITY ATTORNEY APPROVED AS TO FORM PO NUMBER
DATE p l 1p
CITY CLERK: ATTES
DATE r
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Agreement—Fehr&Peers,Main Street Project,June 23,2015
FEHR PEERS
June 23,2015
Gary Chao
Assistant Director
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Re: Main Street Office 1 Truck Access and On-Site Circulation Evaluation
(Cupertino,California) P15-2935
Dear Mr. Chao:
Fehr & Peers is pleased to submit this proposal to conduct an evaluation of truck access and on-
site circulation for the proposed offices at the Main Street development. The project site is
located to the west of Tantau Avenue between Stevens Creek Boulevard and Vallco Parkway in
Cupertino, California. The purpose of our evaluation is to determine potential impacts on
circulation resulting from the proposed truck receiving area for Office 1 and recommend
modifications, if needed.
This letter includes our proposed scope of work,fee, and schedule to complete the analysis.
SCOPE OF WORK
Fehr&Peers will complete the following tasks:
Task 1— Review Available Documentation
Fehr & Peers will conduct a review of existing information available for the development site,
including site plans, traffic count data, and previous analyses. If available, we will also obtain
electronic AutoCAD files of the site plans for use in the truck access evaluation.
Task 2—Evaluate Truck Access
Utilizing the data collected in Task 1 and provided by the City/Applicant, we will evaluate the
truck access to/from the Office 1 loading dock/receiving area. Specifically, we will perform
AutoTURN analysis of the truck access to the proposed receiving area and identify potential
improvements, if needed. The results of the evaluation will be presented in a sketch diagram
along with a brief statement regarding the ability of trucks to enter and exit the facility.
160 W.Santa Clara Street I Suite 675 1 San Jose, CA 95113 1 (408)278-1700 1 Fax(408)278-1717
www.fehrandpeers.com
Gary Chao
June 23, 2015
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Task 3—Evaluate On-Site Circulation
Based on the results of Task 2, we will evaluate the impacts, if any, to on-site circulation resulting
from trucks entering and exiting the receiving area for Office 1. This evaluation will include
potential impacts to traffic entering and exiting the parking structure opposite the receiving area
and vehicle queuing on the internal circulation aisle between Vallco Parkway and Stevens Creek
Boulevard. We will document recommendations for improvements to truck access and on-site
circulation in a brief technical memorandum.
FEE AND SCHEDULE
The analysis and documentation can be conducted for a fee of $4,600, which includes all
professional and support staff time, as well as direct expenses. Fees will be billed on a time-and-
materials basis. Additional services such as meeting attendance or development of detailed site
level plans, if required,will only be conducted with written authorization.
We estimate that we can complete the analysis and provide a draft sketch and memorandum
report for your review one week after receipt of a fully executed contract. Should you have any
questions, please call Steve at(408) 899-5036.
We appreciate the opportunity to submit this proposal and look forward to working on this
project.
Sincerely,
FEHR& PEERS
.�/ P-41),
Steve Davis, P.E.
Senior Transportation Engineer
Jane Bierstedt
Principal