16-013 Fehr and Peers, Transportation Impact Analysis for Marina PlazaSECOND AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND FEHR & PEERS FOR ADDITIONAL SERVICES FOR THE MARINA PLAZA
TRANSPORTATION IMPACT ANALYSIS
This Second Amendment to the Agreement between the City of Cupertino and Fehr &
Peers, for reference dated October 11, 2016, is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and Fehr & Peers a California Corporation
("Consultant") whose address is 160 West Santa Clara Street, Suite 675 , San Jose, California,
95113 , and is made with reference to the following:
RECITALS :
A. On January 8, 2016, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for Marina Plaza transportation impact analysis.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. Paragraph 2 of the Agreement is modified to read as follows:
Consultant shall perfo1m additional tasks set forth in Exhibit "A" of this Second Amendment
attached hereto and incorporated herein this by this reference.
2 . Paragraph 3 of the Agreement is modified to read as follows:
Consultant shall be compensated for services performed pursuant to this Amendment in a total
amount not to exceed TWO THOUSAND-dollars ($2,000.00) based on the rates and terms set
forth in Exhibit "A," which is attached hereto and incorporated herein by this reference.
3. The following Exhibits to the Agreement are additional services and read as shown in
the attachments to this Amendment:
a. Exhibit "A," -Additional Services for the Marina Plaza Transportation Impact
Analysis in Cupe11ino, California
4. Except as expressly modified herein, all other te1ms and covenants set fo11h in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
Fe~.__---
By '·
Title ~'<hAE:'
Date 10 · I/-l b
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
PO #2016-423
Original Contract:
Amendment #1
Amendment #2
Total:
CITY OF CUPERTINO
A Municipal Corporation
RECOMMENDED FOR APPROVAL:
B~ Titlfi%~ ~
APPROVED AS TO FORM:
°2{0t-, City Attorney
ATTEST:
AMOUNT
$35,000 .0 0
$4,000.00
$2,000 .00
$41,000.00
October 10 , 2016
Erick Serrano
City of Cupertino
10300 Torre Ave
Cupertino, CA 95104
FEHR ,f PEERS
Subject: Amendment #2 for the Marina Plaza Transportation Impact Analysis in
Cupertino, California
Dear Erick:
This letter requests a second contract amendment to conduct additional services for the above
mentioned project not covered under our current contract. Specifically, this contract amendment
request includes preparation for and attendance at a second City County hearing. The additional
budget needed to complete th is task is $2 ,000 .
Should you have any questions, please feel free to call Franziska Church at (408) 645-7014 or Anjuli
Bakhru at (202) 854-2733 . Otherwise, please provide a contract amendment at your earliest
convenience . We appreciate the opportunity to continue to work with you on this project.
FEHR & PEERS
Franziska Church, AICP
Associate
160 W. Santa Clara Street I Suite 675 I San Jose, CA 95113 I (408) 278-1700 I Fax (408) 278-1717
www .fehra ndpeers .com
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND FEHR & PEERS FOR ADDITIONAL SERVICES FOR THE
MARINA PLAZA TRANSPORT A TI ON IMP ACT ANALYSIS
This First Amendment to the Agreement between the City of Cupertino and Fehr &
Peers, for reference dated May 24, 2016, is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and Fehr & Peers, a California Corporation
("Cons ultant") whose address is 160 West Santa Clara Street, Suite 675, San Jose, California,
95113, and is made with reference to the following:
RECITALS:
A. On January 8, 2016, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for Marina Plaza transpo1tation impact analysis.
B. City and Consultant desire to modify the Agreement on the te1ms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
tJJlJ 4drl I h l"vt ~ l~ktz_ ~f::\
1. Paragraph 2 of the Agreement is modified t,e r.ea:d:-as follows: "-_ L-0
Consultant shall perfo1m additional tasks set forth in Exhibit "A " of this First Amendment
attached hereto and incorporated herein this by this reference.
~d 4-dricfwv,J_ ~ h "'-.
2. Paragraph 3 of the Agreement is modified to ~as follows: '-0
A--
Consultant shall be compensated for services perfo1med pursuant to this Amendment in a total
amount not to exceed FOUR THOUSAND dollars ($4,000.00) based on the rates and terms set
forth in Exhibit "A," which is attached hereto and incorporated herein by this reference.
3. The following Exhibits to the Agreement are additional services and read as shown in
the attachments to this Amendment:
a. Exhibit "A ," -Additional Services for the Marina Plaza Transpo1tation Impact
Analysis in Cupertino, California
3 . Except as expressly modified herein, all other te1ms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT
::~~~
Title f\'?s 1
Date f2G •!' 5 • {(,,,
CITY OF CUPERTINO
A Municipal Corporation
By:/cd~
Title ~ l!/JY//&JIV~
PPROVAL:
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER
PO #2016-423
Original Contract:
Amendment #1
Total:
AP ~OFORM :
"fl-tity Attorney
ATTEST:
tru5JL.it±
City Clerk {p . L I -/lo
AMOUNT
$35,000.00
$4,000.00
$39,000.00
.. -.. -...
May 24, 2016
Erick Serrano
City of Cupertino
10300 Torre Ave
Cupertino, CA 95104
FEHR 1 PEERS Attachment A
Subject: Additional Services for the Marina Plaza Transportation Impact Analysis in
Cupertino, California
Dear Erick :
This letter requests a contract amendment to conduct additional services for the above mentioned
project not covered under our current contract. Specifically, this contract amendment request
includes preparation for and attendance at two additional public hearings:
1. Planning Commission on June 14, 2016 ($2,000).
2. City Council on July 5, 2016 ($2,000).
Fehr & Peers will attend the Environmental Review Committee meeting on Thursday, May 26, 2016
as part of the original scope and fee, and the preparation work and attendance for that meeting is
not included in this amendment. The additional budget needed to complete the tasks above is
$4,000.
Should you have any questions, please feel free to call Anjuli Bakhru at (202) 854-2733 . Otherwise,
please provide a contract amendment at your earliest convenience. We appreciate the opportunity
to continue to work with you on this project.
FEHR & PEERS
Franziska Church, AICP
Associate
~ ~---~Bierstedt, P.E. {tnec~·al
160 W. San ta Clara Street I Suite 675 I San Jose, CA 95113 I (408) 278 -1700 I Fax (408) 278-1717
www.fehran d pee rs.com
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FEHR AND
PEERS FOR TRANSPORTATION IMPACT ANALYSIS FOR MARINA PLAZA
THIS AGREEMENT, is entered into this 8th day of January, 2016 , by and
between the CITY OF CUPERTINO, a California municipal corporation ("City"), and
Fehr & Peers, a California corporation whose address is 160 W. Santa Clara Street, Suite
675 , San Jose, California 95113 (hereinafter referred to as "Consultant") (collectively
referred to as the "Parties").
RECITALS:
A. City is a municipal corporation duly organized and validly existing under
the laws of the State of California with the power to carry on its business as it is now
being conducted under the Constitution and the statutes of the State of California and the
Cupertino Municipal Code.
B. Consultant is specially trained , experienced and competent to perform the
special services which will be required by this Agreement.
C. Consultant possesses the skil~ experience, ability, background,
certification and knowledge to provide the services described in this Agreement on the
terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for transportation
impact analysis for Marina Plaza upon the terms and conditions herein.
NOW, THEREFORE, the Parties mutually agree as follows:
1. TERM
The term of this Agreement shall commence on January 8, 2016, and shall
terminate on June 30, 2017, unless terminated earlier as set forth herein.
2 . SERVICES TO BE PERFORMED
Consultant shall perform each and every service set forth in Exhibit "A" pursuant
to the schedule of performance set forth in Exhibit "B," attached hereto and mcorporated
herein by this reference.
3 . COMPENSATION TO CONSULTANT
Consultant shall be compensated for services performed pursuant to this
Agreement in a total amount not to exceed THRITY FIVE THOUSAND dollars
($35,000.00) based on the rates and terms set forth in Exhibit "A," which is attached
hereto and incorporated herein by this reference.
4. TIME IS OF THE ESSENCE
Consultant and City agree that time is of the essence regarding the performance of
this Agreement.
5. STANDARD OF CARE
Consultant agrees to perform all services required by this Agreement in a manner
commensurate with the prevailing standards of like professionals in the San Francisco
Page l o flO
fehr & Peers for Marina Plaza , 1-8-16
Bay Area and agrees that all serv ices shall be performed by qualified and experienced
personnel who are not employed by the City nor have any contractual relationship with
City.
6. INDEPENDENT PARTIES
City and Consultant intend that the relationship between them created by this
Agreement is that of employer-independent contractor. The manner and means of
conducting the work are under the control of Consultant, except to the extent they are
limited by statute, rule or regulation and the express terms of this Agreement. No civil
service status or other right of employment will be acquired by virtue of Consultant's
services. None of the benefits provided by City to its employees, including but not
limited to, unemployment insurance, workers' compensation plans, vacation and sick
leave are available from City to Consultant, its employees or agents. Deductions shall not
be made for any state or federal taxes , FICA payments, PERS payments, or other
purposes normally associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items , ifrequired, are the responsibility of Consultant.
7 . IMMIGRATION REFORM AND CONTROL ACT CIRCA)
Consultant assumes any and all responsibility for verifying the identity and
employment authorization of all of his/her employees performing work hereunder,
pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant
shall indemnify and hold City harmless from and against any loss , damage, liability, costs
or expenses arising from any noncompliance ofthis provision by Consultant.
8. NON-DISCRIMINATION
Consistent with City's policy prohibiting harassment and discrimination,
Consultant agrees that it shall not harass or discriminate against a job applicant, a City
employee, or a citizen by Consultant or Consultant's employee or subcontractor on the
basis of race , religious creed, color, national origin , ancestry, handicap, disability, marital
status , pregnancy, sex, age, sexual orientation, or any other protected class . Consultant
agrees that any and all violations of this provision shall constitute a material breach of
this Agreement.
9. HOLD HARMLESS
!ZI Standard Indemnification:
Consultant shall, to the fullest extent allowed by law and without limitation of the
provisions of this Agreement related to insurance, with respect to all services performed
in connection with the Agreement, indemnify, defend, and hold harmless the City and its
officers , officials , agents , employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other liability of any nature,
whether physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the negligent performance of this Agreement by Consultant or Consultant's
employees, officers, officials, agents or independent contractors. 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. The acceptance of the Services by City shall not operate
as a waiver of the right of indemnification. The provisions of this Section survive the
Page 2 of lO
Feh r & Peers for Marina Plaza , 1-8 -16
completion of the Services or termination of this Contract.
10 . INSURANCE:
A. General Requirements. On or before the commencement of the term of this
Agreement , Consultant shall furnish City with certificates showing the type , amount ,
class of operations covered , effective dates and dates of expiration of insurance coverage
in compliance with the requirements listed in Exhibit "D". Such certificates, which do not
limit Consultant's indemnification, shall also contain substantially the following
statement: "Should any of the above insurance covered by this certificate be canceled or
coverage reduced before the expiration date thereof, the insurer affording coverage shall
provide thirty (30) days' advance written notice to the City of Cupertino by certified mail ,
Attention: City Manager." Consultant shall maintain in force at all times during the
performance of this Agreement all appropriate coverage of insurance required by this
Agreement with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as additional
insured shall be submitted with the insurance certificates.
B. Subrogation Waiver. Consultant agrees that in the event of loss due to any
of the perils for which he /she has agreed to provide comprehensive general and
automotive liability insurance, Consultant shall look solely to his /her insurance for
recovery. Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or City
with respect to the services of Consultant herein , a waiver of any right to subrogation
which any such insurer of said Consultant may acquire against City by virtue of the
payment of any loss under such insurance .
C . Failure to secure or maintain insurance. If Consultant at any time during
the term hereof should fail to secure or maintain the foregoing insurance, City shall be
permitted to obtain such insurance in the Consultant's name or as an agent of the
Consultant and shall be compensated by the Consultant for the costs of the insurance
premiums at the maximum rate permitted by law and computed from the date written . (Af\G\
notice is received that the premiums have not been paid. vJOf'~(~ COM~l'l~hlS'I\, ":>' hq.~1\'\""
D. Additional Insured. City, its City Council, boards~and commissions, ,.,.,_~\~'-1
officers , employees and volunteers shall be named as an additiona insured under all /l//I _
insurance coverages, except any professional liability insurance , required by this -~
Agreement. The naming of an additional insured shall not affect any recovery to which
such additional insured would be entitled under this policy if not named as such
additional insured . An additional insured named herein shall not be held liable for any CJ
premium, deductible portion of any loss , or expense of any nature on this policy or any
.extension thereof Any other insurance held by an additional insured shall not be required
to contribute anything toward any loss or expense covered by the insurance provided by
this policy.
E. Sufficiency of Insurance. The insurance limits required by City are not
represented as being sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant .
F. Maximum Coverage and Limits . It shall be a requirement under this
Agreement that any available insurance proceeds broader than or in excess of the
specified minimum Insurance coverage requirements and /or limit s shall be available to
the additional insured City. Furthermore , the requirements for co verage and limits shall
Page 3 of JO
Fehr & Peers for Marina Plaza , 1 -8 -16
be the minimum coverage and limits specified in this Agreement, or the broader coverage
and maximum limits of coverage of any insurance policy or proceeds available to the
named insured, whichever is greater.
11. CONFLICT OF INTEREST
Consultant warrants that it presently has no interest, and will not acquire any
interest, direct or indirect, financial or otherwise, that would conflict in any way with the
performance of this Agreement, and that it will not employ any person having such an
interest. Consultant agrees to advise City immediately if any conflict arises and
understands that it may be required to fill out a conflict of interest form if the services
provided under this Agreement require Consultant to make certain governmental
decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of
the California Code of Regulations.
12. PROIITBITION AGAINST TRANSFERS
Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or
any interest therein, directly or indirectly, by operation of law or otherwise, without prior
written consent of City. Any attempt to do so without said consent shall be null and void,
and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by
reason of such attempted assignment, hypothecation or transfer. However, claims for
money by Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written notice of
such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner or joint
venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture
or syndicate or cotenancy, which shall result in changing the control of Consultant, shall
be construed as an assignment of this Agreement. Control means fifty percent (50%) or
more of the voting power of the corporation.
if. 13. SUBCONTRACTOR APPROVAL
Unless prior written consent from City is obtained, only those people and
subcontractors whose names and resumes are attached to this Agreement shall be used in
the performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors shall be
required to furnish proof of workers' compensation insurance and shall also be required to
carry general, automobile and professional liability insurance in reasonable conformity to
the insurance carried by Consultant. In addition, any work or services subcontracted
hereunder shall be subject to each provision ofthis Agreement.
Consultant agrees to include with all subcontractors in their subcontract the same
requirements and provisions of this Agreement including the indemnity and insurance
requirements to the extent they apply to the scope of the subcontractor 's work.
Subcontractors hired by Consultant agree to be bound to Consultant and City in the same
manner and to the same extent as Consultant is bound to City under this Agreement .
Subcontractor further agrees to include these same provisions with any sub-
subcontractor. A copy of the Owner Contract Document Indemnity and Insurance
provisions will be furnished to the subcontractor upon request. Consultant shall require
Page 4 of IO
Fehr & Peers for Marina Plaza , 1 -8 -16
all subcontractors to provide a valid certificate of insurance and the required
endorsements included in the agreement prior to commencement of any work and will
provide proof of compliance to City.
14 . PERMITS AND LICENSES
Consultant, at his /her sole expense, shall obtain and maintain during the term of
this Agreement, all appropriate permits, certificates and licenses including, but not
limited to, a City Business License, that may be required in connection with the
performance of services hereunder.
15. REPORTS
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced , prepared or
caused to be prepared by Consultant pursuant to or in connection with this Agreement,
shall be the exclusive property of City. Consultant shall not copyright any Report
required by this Agreement and shall execute appropriate documents to assign to City the
copyright to Reports created pursuant to this Agreement. Any Report, information and
data acquired or required by this Agreement shall become the property of City, and all
publication rights are reserved to City. Consultant may retain a copy of any report
furnished to the City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in execution or
implementation of: (1) The original Project for which Consultant was hired; (2)
Completion of the original Project by others; (3) Subsequent additions to the original
project; and/or ( 4) Other City projects as City deems appropriate.
C. Consultant shall, at such time and in such form as City may require,
furnish reports concerning the status of services required under this Agreement.
D. All Reports required to be provided by this Agreement shall be printed on
recycled paper. All Reports shall be copied on both sides of the paper except for one
original, which shall be single sided.
E. No Report, information or other data given to or prepared or assembled by
Consultant pursuant to this Agreement shall be made available to any individual or
organization by Consultant without prior approval by City.
16. RECORDS
Consultant shall maintain complete and accurate records with respect to sales,
costs, expenses, receipts and other such information required by City that relate to the
performance of services under this Agreement, in sufficient detail to permit an evaluation
of services. All such records shall be maintained in accordance with generally accepted
accounting principles and shall be clearly identified and readily accessible . Consultant
shall provide free access to such books and records to the representatives of City or its
designees at all proper times, and gives City the right to examine and audit same, and to
make transcripts therefrom as necessary, and to allow inspection of all work, data,
documents, proceedings and activities related to this Agreement. Such records, together
with supporting documents, shall be kept separate from other documents and records and
shall be maintained for a period of three (3) years after Consultant receives final payment
from City for all services required under this agreement.
If supplemental examination or audit of the records is necessary due to concerns
Page S o flO
f'ehr & Peers for Marina Plaza, 1-8 -16
raised by City's preliminary examination or audit of records, and the City's supplemental
examination or audit of the records discloses a failure to adhere to appropriate internal
financial controls, or other breach of contract or failure to act in good faith, then
Consultant shall reimburse City for all reasonable costs and expenses associated with the
supplemental examination or audit.
17. NONAPPROPRIATION
This Agreement is subject to the fiscal provisions of the Cupertino Municipal
Code and Agreement will terminate without any penalty (a) at the end of any fiscal year
in the event that funds are not appropriated for the following fiscal year, or (b) at any
time within a fiscal year in the event that funds are only appropriated for a portion of the
fiscal year and funds for this Agreement are no longer available. This Section shall take
precedence in the event of a conflict with any other covenant, term, condition, or
provision of this Agreement.
18 . ENVIRONMENTALLY PREFERABLE PURCHASING
Consultant shall comply with the City's Environmentally Preferable Procurement
Policy whenever practicable in completing any work under this agreement, including but
not limited to:
• Using paper products made with recycled content and
recycled/remanufactured toner and ink jet cartridges;
• Printing with soy or low volatile organic compounds (VOC) inks ;
• Using energy-star compliant equipment;
• Using cleansers and working with janitorial contractors to meet Green Seal 's
Industrial and Institutional Cleaners Standard; and
• Ordering supplies electronically and practicing other internal waste reduction
and reuse protocols.
19 . NOTICES
All notices , demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shall be deemed served when delivered
personally or on the second business day after the deposit thereof in the United States
Mail, postage prepaid, registered or certified, addressed as hereinafter provided .
All notices , demands , requests , or approvals shall be addressed as follows:
TO CITY:
City of Cupertino
10300 Torre Ave .
Cupertino CA 95014
Attention: Aarti Shrivastava, Assistant City Manager
TO CONSULT ANT:
Fehr & Peers
160 W Santa Clara St, Suite 675
San Jose, CA 95113
Katy S Cole, Senior Associate
Fehr & Peers for Marina Plaza , 1 -8-16
Page 6 of l0
20. TERMINATI ON
In the event Consultant fails or refuses to perform any of the provisions hereof at
the time and in the manner required hereunder, Consultant shall be deemed in default in
the performance of this Agreement. If Consultant fails to cure the default within the time
specified and according to the requirements set forth in City 's written notice of default,
and in addition to any other remedy available to the City by law, the City Manager may
terminate the Agreement by giving Consultant written notice thereof, which shall be
effective immediately. The City Manager shall also have the option, at its sole discretion
and without cause, of terminating this Agreement by giving seven (7) calendar days' prior
written notice to Consultant as provided herein. Upon receipt of any notice of
termination, Consultant shall immediately discontinue performance.
City shall pay Consultant for services satisfactorily performed up to the effective
date of termination. If the termination if for cause, City may deduct from such payment
the amount of actual damage, if any, sustained by City due to Consultant's failure to
perform its material obligations under this Agreement. Upon termination, Consultant
shall immediately deliver to the City any and all copies of studies, sketches, drawings ,
computations, and other material or products, whether or not completed, prepared by
Consultant or given to Consultant , in connection with this Agreement. Such materials
shall become the property of City.
21. COMPLIANCE
Consultant shall comply with all state or federal laws and all ordinances, rules,
policies and regulations enacted or issued by City.
22 . CONFLICT OF LAW
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rules which may direct the ap-plication oflaws
of another jurisdiction. The Agreement and obligations of the 'pai1:fos 1 ar.~ subject to all
valid laws, orders, rules, and regulations of the authorities having jurisdiction over this
Agreement (or the successors of those authorities). Any suits brought pursuant to this
Agreement shall be filed with the Superior Court of the County of Santa Clara, State of
California.
23. ADVERTISEMENT
Consultant shall not post, exhibit, display or allow to be posted, exhibited ,
displayed any signs, advertising, show bills, lithographs, posters or cards of any kind
pertaining to the services performed under this Agreement unless prior written approval
has been secured from City to do otherwise .
24. WAIVER
A waiver by City of any breach of any term, covenant, or condition contained
herein shall not be deemed to be a waiver of any subsequent breach of the same or any
other tern1, covenant, or condition contained herein, whether of the same or a different
character.
Page 7 of10
Fehr & Peers for Marina Plaza , 1-8-16
25. INTEGRATED CONTRACT
This Agreement represents the full and complete understanding of every kind or
nature whatsoever between the Parties, and all preliminary negotiations and agreements
of whatsoever kind or nature are merged herein. No verbal agreement or implied
covenant shall be held to vary the provisions hereof Any modification of this Agreement
will be effective only by written execution signed by both City and Consultant.
26. AUTHORITY
The individual(s) executing this Agreement represent and warrant that they have
the legal capacity and authority to do so on behalf of their respective legal entities.
27 . INSERTED PROVISIONS
Each provision and clause required by law to be inserted into the Agreement shall
be deemed to be enacted herein, and the Agreement shall be read and enforced as though
each were included herein. If through mistake or otherwise, any such provision is not
inserted or is not correctly inserted, the Agreement shall be amended to make such
insertion on application by either party.
28 . CAPTIONS AND TERMS
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement. All unchecked boxes do not apply to this Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed .
CONSULTANT
Fehr & Peers
~ii1~~~c•~t{
Date '-/1J'°l(p
. ~OFORM
~ity Attorney
City lerk 1_ ,_.,kl h
fehr & Peers for Marina Plaza , 1-8-16
CITY OF CUPERTINO
D Over $17 ,000-ounci l Approva l Required
D Over $45 ,000-Department Head Approva l Required
l:8l Up to $45,000-Designated Supervisor Approva l Required
~ROYAL
Erick Serrano, Assistant Planner
Page8ofl0
Exhibits: (Check box fo r ex hi bit s th at a pp ly to thi s cont ra ct and a tt a ch )
~ Exhibit "A"-Scope of Services
D Exhibit "B"-Schedule of Performance
D Exhibit "C" -Compensation
~Exhibit "D "-Insurance Requirements and Proof oflnsurance
D Exhibit "E "-Mandated Reporting Acknowledgement
D Exhibit "F"-Background/Fingerprint/TB Declaration
D Exhibit "G "-Nondiscrimination-State/Federal/HUD funded project
D Exhibit "H'' -Request for City Manager to Waive Informal Bidding Requirements
9
FEHR k PEERS Exhibit A
December 8, 2015
Erick Serrano
City of Cupertino
10300 Torre Ave
Cupertino, CA 95014
Re: Transportation Impact Analysis for Marina Plaza in Cupertino, California
Dear Erick:
PlS-2997
Fehr & Peers is pleased to submit this proposal to complete a Traffic Impact Analysis (TIA) for the
Marina Plaza mixed-use development in Cupert ino, CA. We understand the proposed project is
located at 10122 Bandley Drive and includes app rox i mately 122 hotel rooms, 205 apartment units,
of which seven percent will be affordable, and 22,041 square feet of commercial uses . The
purpose of the TIA is to address the impacts of Marina Plaza on the surrounding transportation
system includ i ng the roadways, transit service, pedestrian facilities, and bicycle facilities. This
study will also evaluate whether or not the proposed park ing supply is sufficient, and will assess
the site plan for appropriate access and circulation .
SCOPE OF WORK
Task 1: Trip Generation, Distdbut.ion, and Assignment
The proposed project is planned to include a mix of hotel, residential, and commercial uses . We
will calculate the project trip generation for the proposed project using standard Institute of
Transportation Engineers (ITE) trip generat ion rates and apply VTA recommended mixed use and
trans it factors. The vehicle trips generated from the site 's existing land uses will be estimated
using ITE sta n dard trip generat ion rates, and then subtracted from the total proposed project
vehicle trips to determ ine the net new vehicle trips resulting from the project.
The directions vehicle trips use to approach and depart from Marina Plaza will be estimated based
on the locatio ns of complementary land uses, existing travel patterns, locations of major arterials,
our experience from similar studies, and the proposed site access points.
The veh icle trip generation, trip distribution, and trip assignment (includ ing project driveway trip
assignment) will be subm itted to City staff for review and approval. If needed, the scope of work
will be refined to address issues raised by City staff during the i r review.
160 W. Santa Clara Street I Suit e 675 I San Jose, CA 95113 I (408) 278 -1 700 I Fax (408) 278-1717
www .fehrandpeers.com
Erick Serrano
December 8, 2015
Page 2 of 6
Using the directions of approach, the net new project trips will be assigned to the study
intersections ag reed upon by City of Cupert i no staff. These intersections could be subject to
change based on the final trip generation, trip distribution, and trip assignment calculations .
1. De Anza Boulevard I Mariani Ave (signalized)
2. De Anza Boulevard I Lazaneo Drive (signal ized)
3. Bandley Drive I Alves Drive (unsignalized)
4. De Anza Boulevard I Alves Drive (unsignalized)
5. Mary Avenue/ Stevens Creek Boulevard (signalized)
6. N. Stelling Road/ Stevens Creek Boulevard (signalized)
7. Saich Way/ Stevens Creek Bouelvard (signali zed)
8. Bandley Drive/ Stevens Creek Boulevard (signalized)
9. De Anza Boulevard I Stevens Creek Boulevard (signalized)
As part of this effort, the freeway segments listed below will be analyzed consistent with VTA
guidelines. We will obtain freeway volumes from recent ly publ ished VTA reports .
1. 1-280, between De Anza Bouelvard and N. Wolfe Road
2. 1-280, between De Anza Boulevard and 1-85
3. 1-85 , between Stevens Creek Boulevard and I-280
4. 1-85, between Stevens Creek Boulevard and De Anza Boulevard
Task 2: Data Collection
The physical characteristics of the site and the surrounding transportation network will be
reviewed to identify exist i ng roadway cross-sections, intersection lane configurations, traffic
control devices, surrounding land uses, and the locations of pedestrian, bicycle, and transit
facilities.
This proposal assumes that new peak period intersection counts will be required for all study
intersections, except N. Stelling Road / Stevens Creek Boulevard and De Anza Boulevard / Stevens
Creek Bouleva r d. Turning movement counts for these two intersections were recently collected as
part of the analysis for the Valko Mall Redevelopment Project. New counts will include vehicle
and bicycle turning movements, as well as pedestrian cross i ng volumes. Freeway segmen t traffic
counts will be obtained from published VTA reports and Caltrans data sources. Field observations
Erick Serrano
December 8, 2015
Page 3 of 6
of the study intersections will be conducted during the data collection period to document the
existing operations of the study intersect ions.
Signal timing information for the study intersections will be obtained from City, County or
Calt rans staff or obtained from field observations. We will request pertinent background data
such as traffic reports fo r other developments in the area . An up-to-date l ist of approved, but not
yet constructed , and pending developments will be obtained from City staff.
Task 3: Intersection and Freeway Segment Analys is
We will use the level of service (LOS) method approved by VTA and the City of Cupertino, based
on the 2000 Highway Capacity Manual, to analyze the study intersections and freeway segments.
Operations of the study intersections will be evaluated for mid-week AM and PM peak hour with
level of service calculations using TRAFFIX analysis software. Existing freeway segment operations
will be obtained from the most recent CMP monitoring report. We will provide level of service
(LOS) for six traffic scenarios :
Scenario 1:
Scena rio 2:
Scenario 3:
Scenario 4:
Scenario 5:
Scenario 6:
Existing Conditions -Existing volumes obtai.ned from counts.
Existing plus Project Conditions -Scenario 1 volumes plus traffic
generated by the proposed project.
Background Conditions -Existing volumes plus traffic from "approved but
not yet built" and "not occupied" developments in the area .
Background plus Project Conditions -Scenario 3 volumes plus traffic
generated by the proposed project.
Cumulative Conditions -Existing volumes plus traffic from "approved but
not yet built" and "not occupied" developments and from expected
growth
Cumulative plus Project Conditions -Scenario 5 volumes plus traffic
generated by the proposed project.
AM and PM peak hour freeway segment level of service calculations will be evaluated following
VTA guidelines for Ex ist i ng plus Project Cond itions o nl y.
Erick Serrano
December 8, 2015
Page 4 of 6
Task 4: Identify Significant Impacts and Mitigation Measures
The impacts of the proposed development on the surrounding roadway system will be identified
by comparing the results of the level of service calculations for Existing Conditions to the results
for Existing with Project Conditions.
The background project impacts on the surrounding roadway system will also be identified by
comparing the results of the level of service calculations for Background without Project
Conditions to t he results for Background with Project Conditions.
The cumulative project impacts on the surrounding roadway system will also be identified by
comparing the results of the level of service calculations for Cumulative without Project
Conditions to the results for Cumulative with Proj ect Conditions.
Intersection impact criteria used by the City and VTA will be used to identify significant impacts.
Operations of the freeway mainline segments will be evaluated following VTA guidelines.
Potent ial impacts to pedestrian, bicycle, and transit facilities also will be identified under Project
Conditions. If needed, appropriate mitigation measures will be recommended . The proposed and
recommended improvements to the pedestrian, bicycle, and transit facil ities will be identified.
If significant impacts are identified, mitigation measures will be recommended . Measures could
include physical improvements, such as adding lanes to intersections and installing traffic signals,
signal interconnect upgrades, or methods to modify the traffic demand of the project, such as
reducing the size of the project or instituting Transportation Demand Management (TDM)
measures. Conceptual sketches of mitigation measures are an additional service and will be
conducted with written authorization. Impacts and mitigation measures will be evaluated for
existing , background, and cumulative plus project scenarios.
Task S: Site Access & Circulati on
The proposed project is located at the southwest corner of De Anza Boulevard and Stevens Creek
Boulevard, and is on a block shared with banks, office buildings, and restaurants. As such,
parking, driveways, and general circulation are currently shared by all of the various businesses.
Fehr & Peers will conduct a review of the proposed site plan to identify any potential issues
associated with circulation and mobility in and around the project site, including misaligned
parking aisles, loading, and unloading and fire access.
Erick Serrano
December 8, 2015
Page 5 of 6
Task 6: Shared Parking Analysis
Review shared parking analysis conducted by the developer to ensure that the analysis sufficiently
cons iders the relationship between the hotel rooms, the apartment units and the commercial
space and accurately estimates the number of patrons that will come directly from the hotel or
the apartments; and therefore, would not require a separate parking space.
Task 7: Documentation
The results of the analysis will be documented in a transportation impact analysis (TIA) report
following City of Cupertino and VTA guidelines. The draft report will be submitted to the City staff
for review and comment. Review comments will be incorporated into the final report and
submitted to City staff. Our fee estimate includes 24 staff hours to respond to comments and
prepare a final TIA report. Responding to comments requiring additional technical analysis or
requiring more than 24 staff hours will be conducted as an additional service . Responses to public
comments on the environmental document will also be considered additional services . Formatting
of the TIA report into the transportation section of an environmental impact report will be
considered additional services .
Task 8: Meetings
We have scoped up to eight hours for participating in phones call or project meeting attendance.
Additionally, our scope includes attendance at one public hearing . Additional hearings will be
attended only upon written authorization as an additional service.
FEE AND TERMS
The cost for the scope of work outlined above is $35,000, including $4,000 for intersection counts.
The fee estimate includes all professional and support staff time, as well as direct expenses.
Invoices will be submitted monthly and are due upon receipt.
Additional services outside of this scope may arise through the course of this project. Tasks such
as analysis of additional traffic scenarios, revised project descriptions, traffic forecasts, micro-
simulation, cost estimates for mitigation measures, or additional traffic, bicycle, or pedestrian
counts would constitute additional services. We will submit a written request for a contract
amendment for any additional services requested outside of the scope described above.
Erick Serrano
Decembe r 8, 2015
Page 6 of 6
Our schedule for del ivering our d raft TIA will be six weeks after the detailed project description is
provided to Fehr & Peers . The schedule may be affected by the upcoming holiday season .
Please call Anjuli Bakhru at (202) 854-2733 if you have any questions regarding ou r proposed
scope. The terms of this proposal are valid for a period of 30 days. Please se nd a contract for ou r
revi~w at you r ea rliest conven ience . We app reciate the opportunity to submit this proposal and
look forward to worki ng with you on th is project.
Sincerely,
FEHR & PEERS
Anjuli Bakhru
Engineer/Planner
Katy S. Cole
Senior Associate
Exhibit D
Insurance Requirements and Proof of Insurance
Proof of insurance coverage described below is attached to this Exhibit, with City named
as additional insured.
Consultant shall maintain the following minimum insurance coverage:
A 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.
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