14-008 Fehr & Peers, Consultant Services for Parking Analysis & Parking Management Plan for the Main Street Project OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO,CA 95014-3255
TELEPHONE: (408)777-3223• FAX: (408)777-3366
C U P E RT I N O WEBSITE:www.cupertino.org
October 15, 2014
Fehr & Peers
160 W: Santa Clara Street, Suite 675
San Jose, CA 95113
Re: First Amendment to Agreement for consultant services.
A fully executed copy of the agreement for consultant services with the City of
'Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
FIRST AMENDMENT TO AGREEMEPqT BETWEEN THE CITY OF CUPERTINO
AND FEHR&PEERS FOR CONSULTA114T SERVICES FOR PARKING ANALYSIS &
(OPARKING MANAGEMENT PLAIq FOR THE MAIN STREET PROJECT
This First Amendment to the Agreement, for reference dated October 81h 2014,
between CITY OF CUPERTINO, a municipal corporation, (hereinafter "City"), and
Fehr & Peers, a California corporation, (hereinafter "Consultant"), whose address is
160 W. Santa Clara Street, Suite 675,San lose California, 95113, and is made with
reference to the following:
RECITALS:
A. On November 27, 2013, an agreement was entered into by and
between City and Contractor (hereinafter "AGREEMENT").
B. City and Contractor 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 follow:
1. TERM:
The term section of the Agreement shall remain the same and shall be in full force
and effect.
2. SERVICES TO BE PERFORMED;:
Consultant shall perform additional consultation services set forth in
Exhibit "A", which is attached hereto and incorporated herein by this reference.
3. COMPENSATION TO CONSULTANT:
The Compensation section of the Agreement shall be increased by this
amendment in the amount not to exceed $4,000.00, for a total contract amount
not to exceed $12,600.00. Payment shall be made by checks drawn on the
treasury of the City, to be taken from the 1.10-2211, BS 24625 fund.
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.
1 ;
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
Fehr & Peers A MurdCip Corporation
By _
Title f 'lap4 1 Gary iao, Asst Director, Community Development
Date Po l- it Date � � ��� �� �4
AP OV D AS TO FO M:
Ca .orade, City Attorney
A
4
Grace ;�chmidt, City Clerk
Attachment
Exhibit A—Scope of Work
EXPENDITURE DISTRIBUTION _
ACCOUNT NUMBER AMOUNT
PO # 58311
110-2211, BS 21994—Main Street $8,600.00
d Amendment #1, BS 24625 $4,000.00 ✓ l���� �.
Total Contract $12,600.00
Exhibit A
Scope of Services and Compensation
I. Scope of Services: Consultant shall.update the shared parking analysis
nlemorandun- report and shared parking quick response tool as requested by City for
the Main Street developil lent In Cupertino, (the "Project"), including estimating the peak
parking demand for the latest tenant Matrix, determining whether the proposed parking
supply will be sufficient, and_add7ng documentation for the quick response analysis
tool.
Staff assigned to the Project by Consultant shall be preapproved by the City of
Cupertino Chief. Building Official, and shall he removed immediately upon City's
request a.nd replaced with an approved subStitute.
IL Compensation:
City shall compensate Consultant for professional services in accordance with the terns
and conditions of this Agreement based on the rates and compensation schedule set.
forth below. Compensation shall.be calculated based on the hourly rates set forth belo'Vv
up to the not to exceed budget amount set forth below.
The compensation to be paid to Consultant wader. this Agreement for all services
described under Section 1. of this Exhibit and reimbursable expenses shall not exceed a
total of four thousand dollars ($4,000)..Ai1y work performed or expenses incurred for
which payrnent would result-in a total exceeding the nlaxiinurll an-ount of
compensation set forth herein shall be at no cost to the City.
III. Rates:
Please see attached Billing Rate Schedule.
IV. Title: Main Street Shared Parking An;llysis
V. Invoices
In order to request payment, Consultant shall submit monthly invoices to the CITY
describing the services performed and the applicable charges (includi.ng a sun-mary of
work perforllled during that quarter, persorunel wh.o performed the services,hours
worked, task(s) for which work was perforated).
VI. Reimbursable Expenses
Reproduction and conl►llunication expenses (as a portion of the labor charges) plus
mileage for meeting attendance, etc.
V11. Additional Services
Consultant shall provide additional services outside of the services identified in Exhibit
A only by advance Nvritten authorization from the City's Project Manager prior to
conln-encement of any additional services. Consultant shall submit, at the Project
Manager's request, a detailed written proposal including a description of the scope of
additional.services, schedule, and. proposed.11.1 ax.l.m:u.n1 conlpensatio.n.
FEHR ,
August 18, 2014
Mr. Gary Chao
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Subject: Proposal to Revise the Shared Perking Analysis Memorandum and Quick
Response Tool for Main Street
Dear Gary:
Fehr & Peers is pleased to submit this prc 1posal to revise the shared parking analysis
memorandum and the quick response tool for the Main Street mixed-use development in
Cupertino, California. The purpose of these revisions is to update and supplement the
documentation to allow City staff to determine the overall parking demand for Main Street as the
tenant mix changes over time.
The Scope of Work, Fee, and, and Schedule are presented in the following sections.
SCOPE 0f' WORK
Fehr& Peers will complete the following tasks:
Task 1— Revise Main Street Shared Parking Merorandum Report
Fehr & Peers will revise the memorandum report to remove references to historical information,
to include the Latest parking supply data from the approved CC&Rs, and to more fully describe
the shared parking quick response tool (spreadsheet) that can be used by city staff to assess the
parking demand of future tenant mixes.
Task 2 — Revise Shared Parking Quick Response Tool
Fehr & Peers will revise the quick response tool jihat contains the shared parking model for Main
Street by adding more text and comments to increase its user-friendliness.
160 W.Santa Clare Street I Suit+ 6751 Scin Jose,CA 951:1.3 1 (-108) 278-1.700 1 Nx(408) 27�-1717
w4Vw,fehrafid peer s.ccrrt
Mr.Gary Chao
August 18, 2014
Page 2 of 2
Task 3— Prepare Final Deliverables
The results of Tasks 1 and 2 will be submitted City of Cupertino for review. Fehr & Peers will
incorporate responses to one set of review comments to prepare the final deliverables.
FEE &. SCHEDULE
The fee to conduct Tasks 1, 2, and 3 is $4,000. The revised drafts will be submitted within one
week.
Please let me know if you have any questions on our proposal. We are looking forward to
continuing to work with you and your staff on this project.
Sincerely,
FEHR & PEERS
Jane.A. Bierstedt, P.E.
Principal
PI3-2638-S1
FEHR TEERS
2014-2015
(July 2014 through June 2015)
Classification Hourly Rate Hourly Billing Rates
Principal $195.00 - $320.00
Senior Associate $180.00 - $240.00
Associate $145.00 - $200.00
Senior Engineer/Planner $125.00 - $185.00
Engineer/Planner $100.00 - $135.00
Senior Technical Support $125.00 - $170.00
Senior Administrative Support $105.00 - $135.00
Administrative Support $95.00 - $125.00
Technician $95.00 - $135.00
Intern $80.00 - $95.00
• Other Direct Costs/Reimbursable expenses are invoiced at cost plus 10%for
handling.
Personal auto mileage is reimbursed of the then current IRS approved rate(56
cents per mile as of Jan 2014).
Voice&Data Communications (Telephone,fax, computer, e-mail, etc.) are invoiced
at cost as a percentage of project labor.
effective 612812014
Fehr& Peers reserves the right to change these rates at any time with or without advance notice.
January 22, 2014
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
Fehr & Peers
160 W. Santa Clara Street, Suite 675
San Jose, CA 95113
Re: Agreement
Enclosed is a fully executed original copy of 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 7r"
Senior Office Assistant
cc: Planning
Enclosure
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FEHR & PEERS
FOR CONSULTANT SERVICES FOR. PARKING ANALYSIS & PARKING
MANAGEMENT PLAN FOR THE MAIN STREET PROJECT
�0
THIS AGREEMENT, for reference dated November 27, 2013, is by and between
CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and
Fehr & Peers, a California corporation, whose address is 160 W Santa Clara Street, Suite
675, San Jose, California 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 thi:3 Agreement; and
C. City and Consultant desire to enter into an agreement for a total amount
not to exceed EIGHT THOUSAND, SIX HUNDRED DOLLARS ($8,600) upon the
terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the undersigned
parties as follows:
1. TERM:
The term of this Agreement shall commence on November 27th, 2013, and shall
terminate on December 31St, 2014, 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, in accordance with the terms
and conditions set forth in this agreement.
Consultant's Project Manager to represent consultant during the day -to -day work
on the Project is Leon Raykin. Consultant's Project Manager shall have supervisory
responsibility for the performance, progress, and execution of the Services. If
circumstances cause the substitution of the project director, project coordinator, or any
other key personnel for any reason, the appointment of a substitute project director and
the assignment of any key new or replacement personnel will be subject to the prior
written approval of the City. Consultant, at City's request, also agrees to promptly
remove personnel who City finds do not perform the Services in an acceptable manner.
3. COMPENSATION TO CONSULTANT:
Consultant shall be compensated for services performed pursuant to this
Agreement in the amounts set forth in Exhibit A, which are 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 1 10 -221 1 (BS 21994) fund.
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.
7. 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.
8. 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.
9. HOLD HARMLESS.:
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 Consultant or Consultant's employees, officers, officials,
agents, or independent contractor's negligence, recklessness, or willful misconduct
arising out of or related to the performance of 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.
10. 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) Liability:
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 Liabilih':
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 floss 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 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.
11. 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.
12. 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 i.n 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.
13. 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. Consultant may change or add subcontractors only
with the prior written approval of City.
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.
14. 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.
15. 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 Lie made available to any individual or
organization by Consultant without prior approval by City. If such Reports are reused by
City for any purpose other than that for which such Reports were originally prepared, or
if City causes such Reports to be altered without Consultant's written consent, such reuse
shall be at City's risk.
16. 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, proci,edings 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.
17. 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 be
addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Aarti Shrivastava, Director of Community Development
All notices, demands, requests, or approvals from City to Consultant shall be
addressed to Consultant at:
Fehr & Peers
160 W. Santa Clara Street, Suite 675
San Jose, CA 95113
Attention: Jane A Bierstedt, P.E., Principal
18. 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.
19. COMPLIANCES.:
Consultant shall comply with all state or federal laws and all ordinances, rules and
regulations enacted or issued by City.
20. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of the State
of California excepting any choice of law rulers 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.
21. 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.
22. WAIVER:
A waiver by City of any breach of and, 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.
23. INTEGRATED CONTRACT:
This Agreement represents the full 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.
24. 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.
25. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of the
Agreement and in no way affect, limit or amplify the terms or provisions of this
Agreement.
IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CONSULTANT
Fehr & Peers
T' le�i�!
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'4
EXPENDITURE DISTRIBUTION
CITY OF CUPERTINO
A Municipal Corporation
By Aarti Shrivastava '11 111,/%
Title Director, Community Development
Date:
APPR )VED AS TO FORM:
l3y
City Attorney
.ATTEST:
By:
City Clerk
ACCOUNT'NUMBER
AMOUNT
110 -2211 (BS 21994 - Main Street)
$8,600
EXHIBIT A
SCOPE OF SERVICES
FEHR�'PEERS
October 23, 2013
Mr. Gary Chao
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino, CA 95014
Subject: Propsal to Prepare a Shared Parking Analysis and Parking Management Plan
for Main Street
Dear Gary:
Fehr & Peers is pleased to submit this proposal to prepare a shared parking analysis and develop
a parking management plan for the Main Street mixed-use development in Cupertino, California.
We will update our existing shared parking analysis for Main Street to reflect the Latest tenant
matrix and determine whether the proposed parking supply, including the on -site spaces and
diagonal spaces on Vallco Parkway, will be sufficient.
The shared parking analysis used for project approval included assumptions regarding the types
of restaurants and the maximum amounts of each to ensure that the parking supply would be
sufficient since restaurants generate higher parking demands per 1,000 sf than other retail uses
and different types of restaurants have different parking rates. After the project is constructed the
tenant mix will likely change and will continue to change over time. It could be very difficult for
the leasing office to select new tenants with the restrictions placed on the amounts of various
restaurant types. Therefore a parking management plan will be prepared with various options on
how to accommodate a variety of retail and restaurant tenants and still have a sufficient amount
of parking.
The Scope of Work, Fee, and, and Schedule are presented in the following sections.
SCOPE OF WORK
Fehr & Peers will complete the following tasks:
160 W.'Santa Clara Street I Suite 675 1 San Jose, CA 95113 1 (408) 278 -1700 1 Fax (408) 278 -1717
www.fehrandpeers.corn
Mr. Gary Chao
October 23, 2013
Page 2of3
Task 1— Revise Main Street Shared Parking Model
Fehr & Peers will review the shared parking model prepared for Main Street and update it to
reflect the tenant matrix, to be confirmed with City staff. The model will be run to determine the
projected hourly parking demands. The peak demand will be compared to the proposed parking
supply. If any shortages are projected, we will identify potential changes to the tenant mix to
bring the demand in line with the supply.
Task 2 — Identify Parking Management Strategies
The parking characteristics of Main Street will change as the tenant mix changes. Fehr & Peers will
develop alternative strategies that can be used tc ensure that the parking demand is in line with
the parking supply. Alternatives to be investigated include: (1) developing a simplified formula
that can be used to project parking demand, (2) creating a parking monitoring program, (3)
unbundling residential parking and allowing employee parking in the surplus spaces, (4)
implementing a Transportation Demand Management (TDM) program to reduce the office
parking demand, and (5) introducing carshare services.
Task 3 — Prepare Draft Report
The results of Tasks 1 and 2 will be submitted in a draft report for City of Cupertino and Sand Hill
Property Company review. Fehr & Peers will attend a meeting to discuss review comments.
Task 4 — Prepare Final Report
A final report will be prepared present the shared parking analysis results and the recommended
parking management strategies.
FEE
The fee to conduct Tasks 1, 2, and 3 is $7,400. A total of six staff hours has been budgeted to
prepare the final report. Therefore the total feE' is $8,600. A contract amendment would be
required if a greater level of effort is needed for the final report based on the extent of review
comments or multiple rounds of comments.
Mr. Gary Chao
October 23, 2013
Page 3 of 3
SCHEDULE
The draft report can be submitted within three weeks of our receipt of a fully executed contract
and the retail tenant mix to be evaluated.
Please let me know if you have any questions on our proposal. We are looking forward to
continuing to work with you and your staff on this project.
Sincerely,
FEHR & PEERS
Jane A. Bierstedt, P.E.
Principal
P13- 2638 -S1