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11-048 Fehr & Peers, Traffic Impact Analysis'CITY OF g CUPERTINO AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. 032933 BY THIS AGREEMENT, made and entered into this 2"d day of May. 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and_~F~E=H~R~&~P~E=E=R~S______________ noo Jc1r3 Address 160 W SANTA CLARA ST. STE 675 City SAN JOSE Zip 95113 Phone __ ...... 40 ...... 8 ....... 2~7 ...... 8 __ • .:1-741---"--"-'.___ (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CDNDL>L.f bl\q-v't COLL-tu17 DAI Po~>d... CONTRACTOR shall provide or furnish the following specified services and/or materials: /\ ~PRE.P'A:~'E A TRAFFIC IMPACT ANALYSIS FOR THE PROPOSED CUPERTINO CAMPUS EXHIBITS: The following attached exhibits hereby are made part of this Agreement: _ _.E=X..;.;H""'l=B;.;..IT~A'------- TERMS: The services and/or materials furnished under this Agreement shall commence on __ .;;;..5-..;;;;2:....;·2=0:;....;1 ..... 1 __ _ and shall be completed before 5-2-2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $35.000.00 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 withouUhe 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: NAME PIU GHOSH, ASSOCIATE PLANNER DEPARTMENT __ ~C~O=M=M~U=N~l~T~Y=D=E~V=EL=O~P~M=E=N~T- This Agreement shall become effective upon itt execution by CITY, in witness thereof; the parties have executed this Agreement the day and year first written above. CITY OF CUPERTINO: By GARYCHAO Title CITY PLANNER APPROVALS EXPENDITURE DISTRIBUTION DATE tJ¢z/;/ -l FEHRf PEERS EXHIBIT A May 2, 2011 Mr. Gary Chao City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Re: Scope and Fee for Cupertino Campus Transportation Data Collection Dear Gary: SJ11-1257 This letter presents the Scope of Work and Fee regarding transportation data collection for the Cupertino Campus project. SCOPE OF WORK Task 1 -Traffic, Pedestrian, and Bicycle Counts Fehr & Peers will retain a count vendor to conduct vehicle turning movement, pedestrian, and bicycle counts at the following intersections during the AM (6:30 am to 9:30 am) and PM (4:00 pm to 7:00 pm) peak periods: 1. Stevens Creek Boulevard and SR 85 Ramps (west) 2. Stevens Creek Boulevard and SR 85 Ramps (east) 3. Stevens Creek Boulevard and Stelling Road 4. De Anza Boulevard and Homestead Road 5. De Anza Boulevard and 1-280 Ramps (north) 6. De Anza Boulevard and 1-280 Ramps (south) 7. De Anza Boulevard and Stevens Creek Road 8. De Anza Boulevard and McClellan Road 9. De Anza Boulevard and Bollinger Road 10. De Anza Boulevard and SR 85 ramps (north) 11. De Anza Boulevard and SR 85 ramps (south) 12. Homestead Road and Blaney Road 13. Wolfe Road and El Camino Real 14. Wolfe Road and Fremont Avenue 15. Wolfe Road and Homestead Road 16. Wolfe Road and Pruneridge Avenue 17. Wolfe Road and 1-280 Ramps (north) 18. Wolfe Road and 1-280 Ramps (south) 19. Wolfe Road an@ Vallco Parkway 20. Wolfe Road and Stevens Creek Boulevard 21. Miller Road and Bollinger Road 22. Stevens Creek Boulevard and Finch Avenue 23. Tantau Avenue and Homestead Road 24. Tantau Avenue and Pruneridge Avenue 25. Tantau Avenue and Vallco Parkway 26. Tantau Avenue and Stevens Creek Boulevard 27. Lawrence Expressway Ramps and El Camino Real (west) 28. Lawrence Expressway Ramps and El Camino Real (east) 29. Lawrence Expressway and Homestead Road 30. Lawrence Expressway and Pruneridge Avenue 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278-1700 Fax (408) 278-1717 www.fehrandpeers.com Mr. Gary Chao May 2, 2011 Page 2 of 2 31. Stevens Creek Boulevard and 1-280 ramps (west) 32. Stevens Creek Boulevard and 1-280 ramps (east) 33. Stevens Creek Boulevard and Lawrence Expressway Ramps (west) 34. Stevens Creek Boulevard and Lawrence Expressway Ramps (east) 35. Lawrence Expressway and 1-280 Southbound Ramps 36. Lawrence Expressway and Bollinger Road 37. Saratoga Avenue and Stevens Creek Boulevard 38. Saratoga Avenue and SR 85 Ramps (north) 39. Saratoga Avenue and SR 85 Ramps (south) 40. Stevens Creek Boulevard and San Tomas Expressway FEHRf PEERS The counts will be conducted on a Tuesday, Wednesday, or Thursday while schools are in session and not during the week of the Memorial Day holiday. In addition, a 48-hour directional machine count will be conducted on Pruneridge Avenue, west of Tantau Avenue to obtain daily traffic volumes. Task 2 -Intersection Operations Observations Field visits will be conducted to observe AM and PM peak-hour intersection operations. Task 3 -Project Management and Administration Fehr & Peers will also conduct project administration and management activities, such as attending meetings to discuss data collection locations and methods and ordering the counts. FEE AND SCHEDULE The data collection activities will be conducted on a time-and-materials basis for a not-to-exceed amount of $35,000. Additional services will be condu'cted upon. We will order the counts upon our receipt of written authorization to proceed, acknowledging that the work will be conducted according to the standard terms and conditions of a typical City of Cupertino contract. The counts will be completed prior to the end of the school year for Cupertino schools. We appreciate the opportunity to work with you and City staff and look forward to receiving a contract for this work. Should you have any questions or need any additional information, please do not hesitate to call us at (408) 278-1700. Sincerely, FEHR & PEERS Jane A. Bierstedt, P.E. Principal ./ RECEIVED BY: COLIN TODAY'S DATE: 05/12/11 TIME: 15:01 1 CITY OF CUPERTINO RECEIPT NUMBER: BS000013440 PAYOR: APPLE, INC REGISTER DATE: 05/12/11 REFUNDABLE DEPOSIT/RETAIN TRAFFIC STUDY/CUP CAMPUS $35,000.00 CHECK TOTAL DUE: $35,000.00 REF NUM: 2081520 TENDERED $35,000.00 $35,000.00 CHANGE $.00