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11-136 Fehr & Peers, Evaluation of Restaurant Expansion in Cupertino, CA AGREEMENT mss CITY OF CUPERTINO 'JS 10300 Torre Avenue CUPERTINO \, /a v I Cupertino, CA 95014 408-777-3200 NO. are) 7f—e"? BY THIS AGREEMENT, made and entered into this 6th day of DECEMBER, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and FEHR& PEERS Address 160 W SANTA CLARA ST, STE 675 City SAN .LOSE Zip 95113 Phone 408.278.1717 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: PREPARE AN EVALUATION OF RESTAURANT EXPANSION IN CUPERTINO, CA EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A TERMS: The services and/or materials furnished under this Agreement shall commence on 12-6-2011 and shall be completed before 1-31-2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5,950.00 GENERAL TERMS AND CONDITIONS Hold Harmless Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex 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. Changes This Agreement shall not be assigned or transferred without the written consent of the City. 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: JO ENTERED NAME GEORGE SCHROEDER, ASSISTANT 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. CONTRACTOR: CITY OF CUPERTINO: By ,. 'i �il/i �. Sc�.r�b (2�y5��� By GARY CHAO Title ✓ c i �«� Title CITY PLANNER Tax ID/Soc. Sec. # Co CO(t?SS SP-4a APPROVALS EXPENDITURE DISTRIBUTION DEPARTMENT HEAD / dip DATE ,�� _ACCOUNT NUMBER AMOUNT AARTI SHRIVASFAVA.6 4 `%///dl s'L /�11 IBS 15478, 110-2211 $5,950.00 CITY RK DATE )4,4;11 1 EXHIBIT A FEHR P '' PEERS October 17, 2011 George Schroeder Assistant Planner City of Cupertino Community Development Department, Planning Division 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal to Prepare an Evaluation of a Restaurant Expansion 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 remodel at the McDonalds restaurant on the southeast corner of the intersection of Homestead Road and Stelling Road in Cupertino, California. The proposed project would add approximately 750 square feet of space to the restaurant and would increase the seating capacity of the restaurant from 65 seats to 73 seats. Based upon our discussions with you, this letter includes our proposed scope of work, fee, and schedule to complete the evaluation. SCOPE OF WORK We will review the October 6, 2011 plans provided to Fehr& Peers by the City to address on-site vehicle circulation from the McDonalds parcel onto adjacent parcels, pedestrian circulation from the public sidewalks and parking lot to the restaunant, queuing associated with the drive through, and parking supply and demand for the restaurant:. To complete the parking supply and demand analysis, an on-the-ground parking demand survey will be performed to estimate the entire shopping center's peak parking demand. Recommendations will be developed if the evaluation finds that the project causes impacts in any of these technical areas. We will provide initial feedback via e-mail regarding the preliminary results of the analysis to City staff. We will develop a brief technical memo summarizing the results and potential mitigation measures shortly thereafter. FEE AND SCHEDULE The fixed fee to conduct the analysis and prepare the documentation as described above is $5,950. Of this fee, $1,050 is for direct expenses including parking surveys. These services will be governed by the terms of our standard terms and conditions (provided with this letter). Additional services (including, but not limited to, meeting preparation and attendance) will only be conducted upon written authorization and be billed on a time and materials basis at our standard billing rates(see attached rate sheet). We estimate that we can complete the analysis and provide a preliminary summary of results within 21 days of receiving a signed proposal from the City and a final site plan including the proposed parking supply. The technical memo will be sent for City comment within one week of receipt of comments from the City. If this scope, fee, and schedule are acceptable, please provide us with a contract or purchase order at your earliest convenience. We request two modifications to the standard agreement from 160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717 www.fehrandpeers.com George Schroeder FEHR PEERS October 17,2011 Page 2 of 4 the City, as indicated in the attached, marked up agreement. 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 Ian Barnes at (408) 278-1700. We look forward to working with you on this project. Sincerely, FEHR & PEERS C'4e5v Ian Barnes, E.I.T. Transportation Engineer cv",`"/ D. Sohrab Rashid Principal P11-2257-SJ 160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717 www.fehrandpeers.com STANDARD TERMS AND CONDITIONS These STANDARD TERMS AND CONDITIONS apply to, and are made part of, the attached letter agreement("Agreement") by and between FEHR&PEERS, a California corporation, ("Consultant"), and the"Client"referenced in the signature block on the Agreement. WITNESSETH THAT, in consideration of the premises and covenants hereinafter set forth,the parties agree as follows: 1. Data To Be Furnished. All information,data, reports, records and maps with respect to the Project which are available to Client and which Client deems reasonably necessary for the perormance of work set forth in the Agreement, shall be furnished to Consultant without charge by Client. 2. Personnel. Consultant agrees that it will employ, at its own expense, all personnel necessary to perform the services required by this Agreement and in no event shall such personnel be the employees of Client.All of the services required hereunder shall be performed by Consultant and all personnel engaged therein shall be fully qualified under applicable federal, state and local law to undertake the work performed by them. Consultant assumes full and sole responsibility for the payment of all compensation and expenses of such personnel and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholdings. 3. Compensation. Client shall pay Consultant an amount not to exceed the sum noted in the Agreement as consideration for the services described. Consultant shall submit invoices to the Client monthly. Client agrees to pay the invoices within 30 days of receipt. If payment is not received within 60 days, Consultant may, at its sole discretion, elect to stop work until payments are received. In that case, Consultant will notify Client that work has ceased. Client also agrees to pay all costs, including attorney's fees and court costs, incurred by Consultant to collect on past due invoices. 4. Ownership of Documents. The work papers, drawings, photographs and any other written or graphic material, including AutoCad files, hereinafter materials, prepared by Consultant for this Project are instruments of the Consultant's service for use solely with respect to this Project and, unless otherwise provided, the Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright.The Client shall be permitted to retain copies, including reproducible copies of Consultant's materials for information and reference in connection with the Client's use on the Project.The Client or others shall not use the Consultant's materials on other projects, or for changes to this Project without the express written consent of the Consultant. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication or violation of copyright. 5. Attorneys' Fees/Disputes. In the event it is necessary to take legal action to collect monies due and owing pursuant to this Agreement,such legal action shall be by way of binding Arbitration,which shall take place in San Francisco, California utilizing a single Arbitrator. The Arbitration shall take place under the auspices of either the American Arbitration Association or JAMS, at the election of the party commencing Arbitration. The prevailing party in the Arbitration will be entitled to attorneys' fees and Arbitration expenses incurred, in addition to any other relief sought. In the event such action is necessary to collect monies due pursuant to this Agreement, the reasonable value of the Consultant's time and expenses spent for such collection action, calculated according to the Consultant's prevailing fees schedule and expense policies, shall also be awarded by the Arbitrator. Only legal action to collect monies due and owing pursuant to this Agreement shall be resolved by way of Arbitration. Any other legal proceedings of any kind or nature whatsoever shall be brought in the appropriate Court of law having competent jurisdiction and each party, including the prevailing party, must bear its own costs and attorneys'fees, in that event. 6. Third Party Rights. The services provided for in this Agreement are for the sole use and benefit of Client, Consultant, and Subconsultant. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Client, Consultant, and Subconsultant. 7. Modification/Termination. No waiver, alteration, mcdification or termination of this Agreement shall be valid unless made in writing. This agreement may be terminated for convenience and without cause by either party upon seven days' written notice. 8. Waiver. If any provision of this Agreement is determined to be illegal or unenforceable for any reason,the same shall be severed from the Agreement and the remainder of the Agreement shall be given full force and effect. 9. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. 10. Electronic Signature. Pursuant to the Electronic Signatures in Global and National Commerce Act and the Uniform Electronic Transaction Act, both parties agree to accept an electronic signature as a valid replacement of an ink and paper signature for all business transactions related to the subject project. 11. Entire Agreement. This Agreement sets forth the entire understanding between the parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, letters of understanding or other promises, whether oral or in writing. Revised 4/1/2010 FEHR ' PEERS 2011-2012 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 6/25/2011 Fehr&Peers reserves the right to change these rates at any time with or without advance notice. CITY OF CUPERTINO RECEIPT NUMBER: BS000015478 RECEIVED BY: TRACIC PAYOR: MCDONALDS TODAY'S DATE: 12/02/11 REGISTER DATE: 12/02/11 TIME: 12 :47 2 REFUNDABLE DEPOSIT FEHR & PEERS $6, 545 . 00 REFUNDABLE DEPOSIT LARRY CANNON $1,200 . 90 TOTAL DUE: $7, 745. 90 CHECK $7, 745. 90 REF NUM: 844342 TENDERED CHANGE $7, 745. 90 $.00