12-083 Fehr & Peers, Prepare Site-Review for Apple Cafeteria CITY OF AGREEMENT
/ CITY OF CUFERTINO
6 I 10300 Torre Avenue
�St•�9ss Cupertino, CA 95014 L�
CUPERTINO 408-777-3200 NO. �e7S-7 / 7
THIS AGREEMENT,
made and entered into this 26th day of is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and Fehr & Peers, 160 West Santa Clara Street, Suite 675,
San Jose, CA 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: Prepare
site plan and circulation review for the revised Apple Cafeteria.
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
August 1st, 2012 and shall be completed no later than December 31st, 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
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.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
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Short Form Agreement—Use for services not to exceed $5,000.00
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.
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.
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Short Form Agreement— Use for services not to exceed $5,000.00
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: j DEPARTMENT: v../k. t i
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.
CONTTOR: �j� CITY OF CUPERTINO:
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Short Form Agreement—Use for services not to exceed $5,000.00
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FEHRkPEERS
July 25, 2012
Simon S. Vuong
Assistant Planner
City of Cupertino
Community Development Department, Planning D vision
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposal to Prepare a Site Plan and Circulation Review for the Revised Apple
Cafeteria in Cupertino, California
Dear Mr. Vuong:
Fehr & Peers is pleased to submit this proposal to evaluate transportation circulation and
parking-related issues associated with the proposed Apple Cafeteria at 20625 Alves Drive in
Cupertino, California.We understand the proposed project site plan was recently revised, but that
the project size of a 21,287-s.f. cafeteria serving approximately 2,900-3,000 Apple employees will
remain the same. The employees served by the cafeteria are located in approximately 20 office
buildings along the half-mile stretch of.Bandley Drive between Valley Green Drive to the north
and Alves Drive to the south. A local Apple shuttle system serves most of the buildings along this
corridor, which we assume will also serve the proposed cafeteria. The proposed project includes a
below-grade parking garage to accommodate 70 vehicles.
Based upon our discussions with you, this letter includes our proposed scope of work, fee, and
schedule to complete the analysis of the revised project.
SCOPE OF WORK
We will review the July 5, 2012 plans provided tc Fehr & Peers by the City to address on-site
vehicle circulation from the proposed Apple Cafeteria parcel onto adjacent roads, pedestrian and
bicycle circulation from the adjacent roads and sidewalks to the Cafeteria, and parking supply and
demand for the cafeteria. To complete the parking supply and demand analysis, we will use
previous estimates contained in the April 19, 2012 Focused Transportation Study for the Apple
Cafeteria Memorandum.
We will develop a brief technical memo summarizing the results and potential recommendation
measures.
FEE AND SCHEDULE
The fee to conduct the analysis and documentation as described above is $3,500, which will be
billed on a fixed fee basis. This includes all professional and support staff time, as well as direct
expenses. Additional services will only be conducted with written authorization. We estimate that
160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www.fehrandpeers.com
Simon vuong FEH R t PEE RS
July 25, 2012
Page 2 of 2
we can complete the analysis and provide a draft memorandum for your review within two weeks
upon receipt of a fully executed contract.
If this scope, fee, and schedule are acceptable then please provide us with a contract. 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 Alexandra Sweet at (408) 278-
1700.We look forward to working with you on this project.
Sincerely,
FEHR& PEERS
Alexandra Sweet
Transportation Planner
el
Jane Bierstedt, P.E.
Principal
160 West Santa Clara Street,Suite 675,San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www.fehrandpeers.com