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13-028 Fehr & Peers Agreement for Transportation Evaluation for the proposed Foothill Blvd Live-Work developmentJanuary 22, 2014 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE_ • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 7711-3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertiiio.org Fehr & Peers 160 West Santa Clara Street, Suite 375 San Jose, CA 95113 Re: Agreement Enclosed is a fully executed original copy of the first amendment to your agreement with the City of Cupertino. If you have any questions or need additional information, please contact the Community Development Department at (408) 777 -3308. Sincerely, Dorothy Ste nfott Senior Office Assistant cc: Planning Enclosure ..� FIRST AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FEHR & PEERS FOR CONSULTANT SERVICES FOR 10121 N FOOTHILL RESIDENCES — FOOTH][L L BLVD LIVE /WORK This First Amendment to the Agreement between the City of Cupertino and Fehr & Peers, for reference dated December 16, 2013, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY ") and Fehr & Peers, a California corporation, whose address is 160 West Santa Clara Street, Suite 375, San Tose, CA 95113, (hereinafter "CONTRACTOR "), and is made with reference to the following: RECITALS: A. On March 6, 2013, an agreement was entered into by and between City and Fehr & Peers (hereinafter "Agreement "). B. City and Fehr & Peers 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. TERM: The term section of the Agreement is modified to read as follows: The services and /or materials furnished under this Agreement shall commence on March 6, 2013, and shall be completed before December 31, 2014, or as extended by agreement. 2. SERVICES TO BE PERFORMED: Services to be performed section of the Agreement shall remain the same and shall be in full force and effect. 3. COMPENSATION: The Compensation section of the Agreement shall remain the same and shall be in full force and effect. Except as expressly modified .herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 1 of 2 First Amendment, Fehr & Peers Foothill Blvd Live /Work, 12 -16 -13 ,p IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. By S Cc Title Date 1(e %3 CITY OF CUPERTINO A Municipal Corporatio By Gary Chao, City Planner Date )4V6 f APPROVED AS TO FORM: By �P� CVA�,A--\ QA-)'-CarJt orade,City Attom y ATTEST: By c Grace Schmidt, City Clerk Page 2 of 2 First Amendment, Fehr & Peers Foothill Blvd Live/W.ork, 12 -16 -13 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255 TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366 WEBSITE: www.cupertino org CUPERTINO April 10, 2013 Fehr & Peers 160 West Santa Clara St., Ste. 675 San Jose, CA 95113 Re: Transportation Evaluation for the Proposed Foothill Boulevard Live -Work development An original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Planning department at (408) 777- 3308. Sincerely, Kirsten Squarcia Deputy City Clerk Enclosure cc: Planning AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FEHR & PEERS FOR CONSULTANT SERVICES FOR TRANSPORTATION EVALUATION THIS AGREEMENT, for reference dated March 61h, 2013, is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City "), and, a Fehr & Peers (California corporation, partnership, sole proprietor, individual) whose address is 160 West Santa Clara Street, Suite 675, San Jose, CA 95113 (hereinafter referred to as "Consultant "), and is made with reference to the following: 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; and C. Consultant possesses the skill, 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 upon the terms and conditions herein. NOW, THEREFORE, it is rautually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on February 22nd, 2013, and shall terminate on December 31St, 2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City, to be taken from the 110 -2211 fund. For the full performance of this Agreement, CITY shall pay CONTRACTOR: $15,125 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 hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services 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, if required, are the responsibility of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCA)• 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 of this provision by Consultant. 7. NON - DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer /employee conduct, Consultant agrees that harassment or discrimination directed toward 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, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS: A. Indemnification. Other than professional services, Consultant shall, to the fullest extent allowed by law, 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 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. B. Claims for Professional Services Liability. Consultant shall, to the fullest extent allowed by law, 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 against any and all liability, claims, 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, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of 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. Consultant 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. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. 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. 9. INSURANCE: 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 paragraphs 9A, B, C, D and E. 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." It is agreed that 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. A. COVERAGE: Consultant 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. 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: 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 notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability and Worker's Compensation 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 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. 10. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant 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. 11. PROHIBITION 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. 12. 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 of this Agreement. 13. 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. 14. 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 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. 15. 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. Consultant shall maintain adequate records of services provided 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 receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns 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. 16. 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 from Consultant to City shall b addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: George Schroeder All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Fehr & Peers 160 West Santa Clara St, Suite 675 San lose CA 95113 17. TERMINATION: 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 such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 18. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances, rules and regulations enacted or issued by City. 19. 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 application of laws of another jurisdiction. The Agreement and obligations of the parties are 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 courts of the County of Santa Clara, State of California. 20. 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. 21. 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 term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the hill and complete understanding of every kind or nature whatsoever between the parties hereto, 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. 22. 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. 23. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, lirnit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT Fehr &Peers By 14h i!Dle- Title Date ! FYPr- mn1T11RF nigTROUTION CITY OF CUPERTINO A Municipal Corporation By Gary Chao Title Cijy Planner Date March 6, 2013 RECOMMENDED FOR APPROVAL: Name: Title Director Community Development APPROVED AS TO FORM: � g City Attorney ATTEST: City Clerk 110 -2211 - BS 19157 1 $15,125.00 FEHR P PEERS February 15, 2013 Exhibit A George Schroeder, Assistant Planner City of Cupertino - Community Development Department 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal to Prepare a Preliminary Transportation Evaluation for the Proposed Foothill Boulevard Live -Work Development 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 redevelopment of the site at 10121 North Foothill Boulevard in Cupertino, California. The proposed project would replace an abandoned fuel station with six detached, small lot single - family homes — five of the homes would have detached workspaces dedicated for a live -work use. Client visits to these workspaces would be limited to one client at a time by the Cupertino Municipal Code. This letter includes our proposed scope of work, fee, and schedule to complete the analysis. SCOPE OF WORK Based on our telephone conversation on January 9, 2013, we propose to conduct a preliminary transportation evaluation of the project to IdentIff any potential circulation and parking Issues, and to determine if a comprehensive transportation impact analysis (TIA) is required. We will also conduct parking counts at similar live -work sites throughout the South Bay and research Institute of Transportation Engineers (ITE) literature on live -work parking to determine a suitable parking requirement for the project. Task 1— Peak Hour Trip Estimates The evaluation will include a trip generation analysis for the proposed development to determine whether a TIA would be required per City of Cupertino and Santa Clara Valley Transportation Authority (VTA) guidelines. This task will be completed upon receipt of a final site plan with finalized building sizes. Credit will be taken for the site's existing permitted use as a fuel station. A preliminary set of trip generation calculations will be submitted to City of Cupertino staff for review and comment prior to finalization. Task 2 — Site Plan Evaluation We will review the final project site plan and evaluate circulation, safety, and potential vehicle queuing issues. A site visit is also as part of this study to determine if there are any external factors that may affect circulation and mobility. Potential improvements will be developed if the analysis finds that the site plan configuration causes Impacts in any of these areas. A review of parking supply will also be conducted to determine whether the site meets the parking supply guidelines developed in Task 3. 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (448) 276 -1700 Fax (408) 278 -1717 www.fahrandpoors.com George Schroeder F E H R I' P E E R S February 15, 2013 Page 2 of 4 Task 3 — Parking Standards Research and Parking Demand Counts We will develop a parking supply rate for live -work sites by researching ITE literature (the Parking Generation Manual, for example) and by collecting parking demand data from 8:00 AM to 8:00 PM at live -work sites throughout the South Bay. We have included two phone conferences with City of Cupertino staff to finalize study methodology and count locations as part of this task. We anticipate that five (5) 12 -hour count locations will be necessary to get a sufficiently large data sample, but we have included a contingency budget (see Attachment A — Fee Estimate) to collect and process three (3) additional counts if additional counts are needed. We will use the counts and research to recommend an appropriate parking supply rate for the proposed project. Task 4 - Documentation We will prepare a technical memo summarizing the results of the trip generation analysis, site plan review, and parking standards research, and submit it to you for comments. We will then incorporate on round of comments into a final memorandum. FEE AND SCHEDULE The fee to conduct the analysis and documentation as described above is $13,750 (includes $2,750 in contingency budget), which will be billed on a time - and - materials basis. This fee includes all professional and support staff time, including two phone conferences with City staff as described in Task 3, as well as direct expenses. Additional services, including conducting a comprehensive TIA, attendance at any meetings or hearings, or additional phone conferences will only be conducted upon written authorization at our standard billing rates (see attached). We estimate that we can complete the analysis and provide a preliminary summary of results within six weeks of receipt of a signed and fully executed contract and receipt of a final set of site plans. To begin Tasks 1 and 2, we require a final set of project details (building sizes) and a final site plan. However, we can start the parking standards data collection effort and literature research (Task 3) upon receipt of a signed and fully executed contract. If this scope, fee, and schedule are acceptable then please provide us with a contract for our review and signature. This proposal is valid for a period of 90 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 Ian Barnes, E.I.T. Transportation Engineer 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278 -1700 Fax (408) 278 -1717 www.fahrandpeers.com George Schroeder February 15, 2013 Page 3 of 4 � 4Z Katy Cole Associate P13- 2626 -SJ 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278 -1700 Fax (408) 278 -1717 www.fehrandpeers.com FEHR,'PEERS FEHR�'PEERS 2012 -2013 (July 2012 through June 2013) Hourly Billing Rates Classification Hourly Rate Principal $200.00 - $295.00 Senior Associate $175.00 - $230.00 Associate $120.00 - $195.00 Senior Engineer /Planner $120.00 - $165.00 Engineer /Planner $95.00 - $135.00 Senior Technical Support $120.00 - $160.00 Administrative Support $90.00 - $120.00 Technician $75.00 - $125.00 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 (55.5 cents per mile as of Jan 2013). • Voice & Data Communications (Telephone, fax, computer, e-mail, etc.) are invoiced at cost as a percentage of project labor. effective 11112013 Fehr & Peers reserves the right to change these rates at any time with or without advance notice. Cupertino Foothill Blvd Live/Work Trip Generation, Site Plan Evaluation, Site Visit, Parking Standards Research, Documentation Attachment A - Fee Estimate Task Principal Associate Engineer Graphics Total Direct Task JAB KSC IB KS Hours Costs Total 1. Peak Hour Trip Estimates 0 0.5 4 0 4.5 $60 $625 Response to Comments 0 0 2 0 2 $30 $270 2. Site Plan Evaluation 0 0.5 6 0 6.5 $80 $885 Site Visit 0 0 2 0 1 2 $30 $270 Parking Standards Research Count coordination and location research 0 1 6 0 7 $90 $980 Two (2) phone conferences with City staff to finalize methodology and locations 0 2 2 0 .4 $50 $630 Count date analysis (1.5 hours per location) 0 0 8 0 8 $90 $1,050 ITE Parking Generation Research 0 0 4 0 4 $50 $530 L&MVbrk ParbV Demand Counts - assumed five (5) 12 -hour count locations $3,250 $3,250 Estimated at $650x12 -Wur count 4. Documentation - Admin Draft Memo 0 1 10 2 13 $160 $1,800 Draft Responses to Comments 0 1 4 0 5 $60 $710 Subtotal 0 6 48 2 56 $3,950 $11,000 $2,750 Contingency - 25% for additional counts IFinal total $13,750 Client #: 13635 FEHRPEERS ACORD,,, CERTIFICATE OF LIABILITY INSURANCE 10/29 /201 DATE /201 3 IYY) PRODUCER 'THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Dealey, Renton & Associates P. O. Box 12675 ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Oakland, CA 94604 -2675 POLICY EFFECTIVE DATE: MM /DDIYY 510 465 -3090 INSURERS AFFORDING COVERAGE INSURED Fehr &Peers 100 Pringle Ave, Suite 600 Walnut Creek, CA 94596 IN:;URER A: Hartford Casualty Insurance Co. INSURER B: American Automobile Ins. Co. INSURER c: ACE American Insurance Company INSURER D: INSURER E: $1,000,000 COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE: MM /DDIYY POLICY EXPIRATION DATE MMIDDIYY LIMITS A GENERAL LIABILITY 57SBWVA1664 11/01/13 11/01/14 EACH OCCURRENCE $1,000,000 FIRE DAMAGE (Any one fire) $1,000,000 X COMMERCIAL GENERAL LIABILITY CLAIMS MADE 51 OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000,000 GE RELATE APPLIESPER: PRODUCTS - COMP /OPAGG $2 000 000 PRO- POLICY X PRO I POLL JECT LOC A AUTOMOBILE LIABILITY ANY AUTO 57SBWVA1664 _ 11/01/13 11/01/14 COMBINED SINGLE LIMIT (Ea accident) $1,000,000 BODILY INJURY (Per person) $ ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY (Per accident) $ X X HIRED AUTOS NON -OWNED AUTOS PROPERTY DAMAGE (Per accident) $ GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO $ AUTO ONLY: AGG EXCESS LIABILITY EACH OCCURRENCE $ OCCUR F—I CLAIMS MADE AGGREGATE $ I $ DEDUCTIBLE Is RETENTION $ B WORKERS COMPENSATION AND WZP81009389 _ 05/01/13 05/01/14 )( WC STATU- OTH- 0 I R R E.L. EACH ACCIDENT $1,000,000 EMPLOYERS' LIABILITY E.L. DISEASE -EA EMPLOYEE $1,000,000 E.L. DISEASE -POLICY LIMIT $1,000,000 C OTHER Professional G23669687001 _ 12/06/12 12/06/13 $2,000,000 per Claim iability $2,000,000 Annl Aggr. DESCRIPTION OF OPERATIONS /LOCATIONSIVEHICLES /EXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PROVISIONS General Liability Policy excludes claims arising out of the performance of professional services. RE: ALL OPERATIONS OF THE NAMED INSURED. The City of Cupertino is included as Additional Insured for General and Automobile Liability. Insurance is primary per policy form. A Waiver of Subrogation applies to General and Automobile Liability. AD D MONAL INSURED: INSURER LETTER: City of Cupertino 10300 Torre Ave. Cupertino, CA 95014 SHOULD ANYOF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, THE ISSUING INSURER WILL Xj(R* f =X7P MAIL 30 DAYS WRITTEN NOTICE TOTHE CERTIFICATE HOLDER NAM ED TOTHE LEFT, BKYjkV a(=)TAj030)6JQy(kMU REPRESENTATIVE ACORD 25 -S (7/97)1 of 1 #S788812/M787395 NMF O ACORD CORPORATION 1988 Insured: Fehr & Peers Insurer: Hartford Casualty Insurance Co. Policy Number, 57SBWVA1664 Policy Effective Date: 11/01/13 Additional Insured: City of Cupertino EXCERPTS FROM: Hartford Form SS 00 08 04 U BUSINESS LIABILITY COVERAGE FORM C. WHO IS AN INSURED 6. Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit. A person or organization is an additional insured under this provision only for that period of time required by the contract, agreement or permit. f. Any Other Party (1) Any other person or organization who is not an insured under Paragraphs a. through e. above, but only with respect to liability for "bodily injury, "property damage:" or "personal and advertising injury" caused., in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf: (a) In the performance of your ongoing operations; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products - completed operations hazard, but only if (i) The written contract or written agreement requires you to provide such coverage to such additional insured; and (ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products - completed operations hazard. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to: "Bodily injury, "property damage" or "personal and advertising injury" arising out of the rendering of, or the failure to render, any professional architectural, engineering or surveying services, including: inspection, or engineering E.5. Separation of Insureds Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom a claim is made or "suit" is brought. E.7.b.(7).(b) Primary And Non - Contributory To Other Insurance When Required By Contract If you have agreed in a written contract, written agreement or permit that this insurance is primary and non- contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance. E.8.b. Waiver Of Rights Of Recovery (Waiver Of Subrogation) If the insured has waived any rights of recovery' against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided the insured waived their rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage. EXCERPT FROM Hartford Form SS 04 38 06 01 HIRED AUTO AND NON -OWNED AUTO B. With respect to the operation of a "non -owned auto ", WHO IS AN INSURED is replaced by the following: The following are "insureds ": d. Anyone liable for the conduct of an "insured ", but only to the extent of that liability.