12-056 Fehr & Peers, Transportation Impact Analysis and Site Plan Evaluation for the former McDonald Dorsa Quarry site now known as Parkside Trails, $5k agreement, $3k agreement • I
CITY OF
AGREEMENT
,1 CITY OF CUPERTINO
% 10300 Torre Avenue
TI Y 1' Cupertino, CA 95014 r24J
CUPERTINO �i 408-777 3200 NO.� /
THIS AGREEMENT, made and entered into this 14th day of May, 2012, is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Fehr & Peers, 160 West Santa Clara Street,
Suite 675, San Jose, CA 95113, (408) 278-1700, www.fehrandpeers.com, 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: Prepare
a focused transportation impact analysis and site plan evaluation for the former McDonald
Dorsa Quarry site, now known as Parkside Trails
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 May
14 2012 and shall be completed no later than June 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
$5,000.00
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 ENTEIIED
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 any negligent act by Contractor or
Contractor's employees, officers, officials, agents or independent contractors, during the
performance of this Agreement. 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—Use for services not to exceed$5,000.00
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: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
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 a seven
(7)-day notice. The Contractor may terminate this Agreement 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
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.
Page2of3
Short Form Agreement—Use for services not to exceed$5,000.00
•
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances
including, but not limited to, unemployment insurance benefits, FICA laws, and the City business
license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the
City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME:Aki Honda-Snelling, Senior Planner DEPARTMENT:Community Development
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties
have executed this Agreement the day and year first written above.
CONT TORS:j / [� CITY OF CUPERTINO:
By /`• i��'`�- /6 /�• 54 °15 By Gary Chao -67'e Tit e ��/I r O i /5$O�fd'lG-— S li�fi 2- Title: City Planner 5' Y S
Soc. Sec.#or Tax I.D - (9C�o 5S5°o 4-12A/11 q t
APPROVALS EXPENDITURE DISTRIBUTION L
DEPARTMENT HEAD DATE _ACCOUNT NUMBER / I bJ I AMOUNT
1 r 110-2211 (BS 16587) $5000.00
G� I//gam aci f&
CITY AT NEY APPR•o' D AS 0 FORM DAT ditt,
1$ 5(17!!02, r,),(11 Y
CITY CLERK DATE
Gem... .6c,liwA:61,-i- 5- It-i l/2.,
Page 3 of 3
Short Form Agreement—Use for services not to exceed $5,000.00
FEHR ' PEERS
EXHIBIT A
• May 10, 2012
Aki Honda Snelling
Senior Planner
City of Cupertino—Community Development Department
10300 Torre Avenue
Cupertino, CA 95014-3202
Re: Proposal to Prepare a Focused Transportation Impact Analysis and Site Plan
Evaluation In Cupertino, California
Dear Aki:
Fehr & Peers is pleased to submit this proposal to prepare a focused transportation impact
analysis (TIA) and site plan evaluation for the proposed Corbalis Property housing project on
Stevens Canyon Road. The proposed project would subdivide the property to create up to 18
single-family homes. The project will produce fewer than 30 peak hour trips in either the morning
or evening peak hour. According to VTA's TIA guidelines, a Congestion Management Program
analysis would not be required due to the project generating fewer than 30 peak hour trips in
either peak hour. Therefore we have prepared a focused transportation analysis scope of work
regarding the access and circulation of the project site and trip estimates for the initial CEQA
check list.
Based upon our discussions with you and the project applicant, this letter includes our proposed
scope of work, fee, and schedule to complete the analysis.
SCOPE OF WORK
This analysis will address the following points:
Task 1: Peak Hour Trip Estimates — For this residential development, we will prepare daily,
AM peak hour and PM peak hour trip estimates using a three-step process: 1)trip generation,
2) trip distribution, and 3) trip assignment. We will use appropriate trip rates published in the
Institute of Transportation Engineers (ITE) Trip Generation, 8m Edition (2008). The direction
trips use to approach and depart the project site will be estimated based on the locations of
complementary land uses, existing travel patterns, population distribution, and previous traffic
studies for similar projects. Peak hour project traffic will be assigned to the roadway system
based on the directions of approach and departure discussed above and presented on a
figure.
Task 2: Evaluation of Conditions at Stevens Creek Boulevard/Foothill Boulevard —
Pedestrian, bicycle and vehicular traffic counts will be collected at the intersection of Stevens
Creek Boulevard/Foothill Boulevard during the morning (6:30 to 9:30 AM) and evening (4:00
to 7:00 PM) peak periods. A site visit will be conducted to gather data on the physical
characteristics of the intersection, including lane configurations, traffic control devices,
surrounding land uses and the locations of pedestrian and bicycle facilities. Consistent with
other transportation impact studies in the City of Cupertino and the VTA's TIA guidelines, an
isolated intersection analysis will be prepared at the intersection using the TRAFFIX software
package. The analysis will evaluate intersection operations under two scenarios:
160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www.fehrandpeers.com
Aki Honda Snelling FEHRk PEERS
May 10,2012
Page 2 of 3
• Existing Conditions — Existing volumes obtained from turning movement counts
representing the peak one-hour vehicle flow.
• Existing plus Proiect Conditions—Existing peak-hour traffic volumes plus the net new
traffic generated by the proposed project.
Task 3: Engineering Review of Site Plan and Site Visit — Fehr & Peers will review the site
plan to determine if there are circulation, sight distance, or site access issues associated with
the proposed layout of the site. Due to the horizontal and vertical curvature affecting site
distances at the potential project driveway, the site visit in Task 2 will also include data
collection to determine if there are sight distance or other safety issues associated with
transportation near the project site. We will also conduct a 72-hour machine speed count
near the proposed driveway.
•
•
160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www,fehrandp eers.com
Aki Honda Snelling FEHR'PEERS
May 10,2012
Page 3 of 3
FEE AND SCHEDULE
The fee to develop the trip estimates and evaluate the site plan as described above is $5,000,
which includes all professional and support staff time and direct costs. Of this amount, $1,000 is
for traffic counts at Stevens Creek Boulevard/Foothill Boulevard and the speed survey. If the
scope, fee, and schedule are acceptable to you, please provide a contract for our review.
Additional services will only be conducted upon written authorization.
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 us at(408)278-1700.
We look forward to working with you on this project.
Sincerely,
FEHR& PEERS
Nicholas(Drew) Draper, PTP
Transportation Planner
Robert Eckols, CE 36384
Is licensed by the Board for Professional
Engineers and Land Surveyors
/24,41
Robert Eckols, P.E.
Senior Associate
P11-2285-SJ
160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www.fehrandpeers.com
•
CITY OF
�vvv ,/ AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
} \ 6 j Cupertino,CA 95014 / � �'}
CUPERTINO 408-777-3200 NO. (J(dlJ-� / ' �
THIS AGREEMENT, made and entered into this 14th day of May, 2012 is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Fehr & Peers, 160 West Santa Clara Streets
Suite 675, San Jose, CA 95113, (408) 278-1700, www.fehrandpeers.com, 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: Prepare
a focused transportation impact analysis and site plan evaluation for the former McDonald
Dorsa Quarry site, now known as Parkside Trails
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 May
14, 2012 and shall be completed no later than June 30, 2012.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: (.
$3.500.00
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 ENTERED
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 any negligent act by Contractor or
Contractor's employees, officers, officials, agents or independent contractors, during the
performance of this Agreement. 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—Use for services not to exceed$5,000.00
•
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: $1,000,000 each occurrence
$2,000,000 aggregate - all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
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 a seven
(7)-day notice. The Contractor may terminate this Agreement 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
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.
Page2of3
Short Form Agreement—Use for services not to exceed$5,000.00
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:Aki Honda-Snelling, Senior 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: s o� /� _ CITY OF CUPERTINO:
By 2•C £sc r !r` r`xvc S By Gary Chao
Tit E--.V(04- J455oot�9-rG �?t#/Z_ Title: City Planner
Soc. Sec.#or Tax I.D -OD(o 521-6 S y_CL
APPROVALS EXPENDITURE DISTRIBUTIO `3 (S' 1I""'
DEPARTMENT DATE _
C€, // D��6//2 110-2211 (BS 16587) $3500.00
C TY ACIRZIPPR VEDA TO FORM DATE
S--(r? 4114
CITY CLERK DATE
eirYLLt- Sq(1 (U
•
Page 3 of 3
Short Form Agreement—Use for services not to exceed $5,000.00
EXHIBIT A
FEH R
� PEERS
May 10, 2012
Aki Honda Snelling
Senior Planner
City of Cupertino—Community Development Department
10300 Torre Avenue
Cupertino, CA 95014-3202
Re: Proposal to Prepare a Focused Transportation Impact Analysis and Site Plan
Evaluation in Cupertino, California
Dear Aki:
Fehr & Peers is pleased to submit this proposal to prepare a focused transportation impact
analysis (TIA) and site plan evaluation for the proposed Corbalis Property housing project on
Stevens Canyon Road. The proposed project would subdivide the property to create up to 18
single-family homes. The project will produce fewer than 30 peak hour trips in either the morning
or evening peak hour. According to VTA's TIA guidelines, a Congestion Management Program
analysis would not be required due to the project generating fewer than 30 peak hour trips in
either peak hour. Therefore we have prepared a focused transportation analysis scope of work
regarding the access and circulation of the project site and trip estimates for the initial CEQA
check list.
Based upon our discussions with you and the project applicant, this letter includes our proposed
scope of work, fee, and schedule to complete the analysis.
SCOPE OF WORK
This analysis will address the following points:
Task 1: Documentation — We will document the methods and results of the trip generation
estimates, evaluation of operations at Stevens Creek Boulevard/Foothill Boulevard as well as
the results of the engineering review of the site plan and site visit. Recommendations to
alleviate issues found in the intersection operations analysis for Stevens Creek
Boulevard/Foothill Boulevard, site plan review and site visit will be provided. Editorial and
minor technical comments will be incorporated into the final memorandum and submitted to
you.
160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www.fehrandpeers.com
Aki Honda Snelling FEHR4 PEERS
May 10,2012
Page 2 of 2
FEE AND SCHEDULE
The fee to present the results in a memorandum, as described above is $3,500, which includes
all professional and support staff time and direct costs. We will proceed based upon an
amendment to the existing Master Agreement. Additional services will only be conducted upon
written authorization. We estimate that we can submit a draft memorandum for your review within
four weeks of our receipt of a signed copy of this document.
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 us at(408)278-1700.
We look forward to working with you on this project.
Sincerely,
FEHR&PEERS
Nicholas(Drew) Draper, PTP
Transportation Planner
Robert Eckols. CE 36384
Is licensed by the Board for Professional
Engineers and Land Surveyors ss
Robert Eckols, P.E.
Senior Associate
P11-2285-SJ
•
160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www.fehrandpeers.com