15-084 LSA Associates, Inc for categorical exempt memo for the Foothill Blvd. Apartment Project CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CUPERTINO 408-777-3200 NO. ?-a L
THIS AGREEMENT, made and entered into this 23rd day of June, 2015 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and LSA Associates, Inc,2215 Fifth Street, Berkeley, California 94710,
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: Provide
consultant services for categorical exempt memo for the Foothill Boulevard Apartment Project.
Check box if services are further described in an Exhibit. F
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: One
Thousand Dollars ($1000.00).
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.
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Agreement—LSA Associates,Inc,Foothill Boulevard Apartment Project
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-LSA Associates,Inc,Foothill Boulevard Apartment Project
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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: 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 CU O:
By By
Title Title: Assistant Planner
APPROVALS 4. JEXPENDITURE DISTRIBUTION
DEPARTMENT HEAD C�, ACCOUNT NUMBER AMOUNT
DATE 1-6 -(5 100220-220 $1000.00
CITY ATTORNEY APPROVED AS TO FORMy
DATE 7-(�- Ic
CITY CLERK: ATTEST ,
DATE A.
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Agreement-LSA Associates,Inc,Foothill Boulevard Apartment Project
L /� LSA ASSOCIATES,INC. 510.540.7331 TEL
`J 2215 FIFTH STREET 510.540.7344 FAX
ABERKELEY,CALIFORNIA 94710
CONTRACT MODIFICATION
CHANGE NO: DATE: June g 2015
PROJECT NO: COC1401 PROJECT: Foothill Blvd Residential Project
T O: City of Cupertino
CONTRACT AMOUNT $ 1,000 ADDRESS: 10300 Torre Avenue
Cupertino,CA 95014
ATTENTION: Gary Chao
This form is a contract augment request for LSA to undertake out of scope work consisting of
reviewing changes that were made in the Foothill Boulevard Residential Project,revising the
Categorical Exemption analysis and memo accordingly, and providing a new final memo to the City
of Cupertino. This work responds to direction provided by Gian Paolo Martire and Gary Chao(City
of Cupertino)in April 2015,with subsequent follow-up conversations between the City and LSA.
Please accept this letter as written confirmation of the contract modification for the additional work,
as detailed above.All other terms and conditions of the contract signed August 28,2014 remain
unchanged. Please sign and date two copies,retain one for your records, and return the second copy
of this letter. Your signature will serve as confirmation of acceptance of the stated amounts and
terms.Please notify us if any part of this letter is inconsistent with your understanding of the revised
amounts and terms.
Sincerely, Approved by:
LSA ASSOCIATES,INC. City of Cupertino
.
u4b�j*
Judith H.Malamut,AICP Authorized Signature
Principal
Title
June 8,2015
Date Date
1