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08-128 Fehr & Peers CITY OF AGREEMENT _ ~ CITY OF CUPERTINO / ~ 0300 Torre> Avenue ~ Cupertino, C;A 95014 C O P E RT I N O 408-777-3200 NO. ~~~-6 ~cT '/ BY THIS AGREEMENT, made and entered into this 14`~ day of November, 2008. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Fehr 8c Peers Address: 160 West Santa Clara Street. Suite 675 City: San Jose Zip: 95113 Phone: [408) 278-1700 (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR shall provide or furnish the following specified services and/or materials: Additional transaortation consultant services for SandHill's Main Street Project as detailed in attached Budget Amendrnent letter dated November 14, 2008. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: TERMS: The services and/or materials furnished under this Agreement shall commence on November 14. 2008 and shall be completed before December 4. 2008 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $22.100.00 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. £~aid 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 certifiers 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 without the written consent of the City. No changes or variations of any kind are authorized without the written cons~ant of the City_ `°~~`~ EtVTERED CONTRACT CO-ORDINATOR and representative for CITY e:hall be: NAME Aki Honda Snelling 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. CONTRACTORR: f / CITY OF CUPERTINO: ~~rr~~ ~, /^ By Sv ~ v~ b ~4s ~ t d : ~~~~ By Aki Honda Snelling Lj G/l ~~/o//~~ f, L-(~ Title ~ r t Title Senior Planner ~/1 r-~' _ (~ 1~2PR0. EXPENDITURE DISTRIBUTION P R D DATE - _~ 110-221 J (~[pG('_t"j $22,100.00 ~ - TE -~ `- , -~ ,, r 21-r. c~ 1 ~ a- I I L ~~ FEHR ~ l EERS TNA NSPONTAT ION CONSULTANTS November 14, 2008 Mr. Gary Chao City Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3232 Re: Budget Amendment Letter #2 for Main Street Cupertino/Sand Hi// Properties SJOS-!04! Dear Mr. Chao: Fehr & Peers is submitting this additional budget request for work not included in our original scope, dated June 25, 2008, for the above-referenced project. The additional budget is requested for the following tasks: 1. Conducting a sensitivity analysis with 10900 Tantau Avenue added to the approved project list and background condition for the Main Street Cupertino traffic analysis. The approved project was not originally inclu~Jed in the analysis and this sensitivity analysis was conducted to determine the effect it vrould have on the traffic study findings. 2. Conducting a supplemental parking analysis to reflect an increase of restaurant uses to a maximum of 30 percent in the shopping center and submit a memorandum to city staff to review. The parking analysis was expancled to include this evaluation and determine the change in projected parking demand fir the site. A separate memorandum will be submitted documenting our findings of this task. 3. Performing a sensitivity analysis to determine what level of senior residential development or market-rate condominium, residential development could be constructed on the site without additional impacts occurring. A trip generation analysis as well as intersection level of service analysis will be performed to determine the impacts associated with this potential revised project description. Astand-alone memorandum will be submitted documenting our findings of this task. 4. Analyzing a third development altern~~tive. A trip generation analysis as well as intersection level of service analysis will be performed to determine the impacts associated with this potential project description. A memorandum will be submitted documenting our findings of this task. The cost to conduct the aforementioned tasks is :$22,100. The original budget amount of $87,200 with a previous budget amendment of $6,500 and this amendment of $22,100 would increase the total project budget to $115,800. Should you have any questions or comments, please contact us at (408) 278-1700. Otherwise, please send us a contract amendment authorizinct these additional services. Sincerely, FEHR & PEERS Jas n NeSdahl, P.E. Senior Engineer I . ~" Sohra Rashid, P.E. I~rincipal 160 West Santa Clara Street, Suite 675 San Jose, CA 95113 (408) 278-1700 Fax (408) 278-1717 www.feh rancipeers.com