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09-089 Fehr & Peers, Parking AnalysisCITY OF CUPERTINO AGREEMENT CITY OF CIIPERTIN0 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO.~~~L S ~~`.' BY THIS AGREEMENT, made and entered into this 5th day of August, 2009, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Fehr 8~ 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 specifiE~d services and/or materials: See Exhibit 1 EXHIBITS: The following attached exhibits hereby are madE~ part of this Agreement: Exhibit 1 -Proposal to prepare a Parking Demand Analysis for the Marketplace Shopping Center Expansion Poriect in Cupertino, California dated June 18. 2009. TERMS: The services and/or materials furnished under this Agreement shall commence on August 5, 2009 and shall be completed before September 5, 2009 COMPENSATION: For the full performance of this AgreemE~nt, CITY shall pay CONTRACTOR: $3,900.00 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 betweer City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor i:; not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifiE~s 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 vrithout the written con~:ent of the City. R CONTRACT CO-ORDINATOR and representative for CITY shall be: f j~~, `~~ NAME Aki Honda Snelling aC~. 408.777.3313 DEPARTMENT Community Development This Agreement shall become effective upon its execution key CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: By Title cti ~ ~`~'.`~ h~3 ~~C~~SSQ-C7 APPROVALS CITY OF CUPERTINO By Ga Chao Title Citv Plann ,~/,~;ti..~;j~:~fi ail- t;l/~ j_. ~ . I.XPENDITURE DISTRIBUTION DEPA TM NT D AT 08 D.S'~ D 110-2211, BS 8362 $4,000.00 C Y ~ ~Q ~' ~ / ~ ~ , ~,. EXHIBIT 1 ~~ FEHR & PEERS TRANSPORTATION CONSU ITANTS June 18, 2009 Aki Honda Snelling, AICP Senior Planner City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal to Prepare a Parking Demand Analysis for the Marketplace Shopping Center Expansion Project in Cupertino, California P09-1773-SJ Dear Ms. Honda Snelling: Fehr & Peers is pleased to submit this proposal to conduct a Parking Demand Analysis for the Marketplace Shopping Center expansion project in the City of Cupertino, California. The existing Marketplace Shopping Center site is bounded by Stevens Creek Boulevard to the north, residential development to the south, Portal Avenue to the west, and retail space to the east. Stevens Creek Boulevard is a major travel corri~jor in the City of Cupertino providing primary access into the Marketplace Shopping Center and its surrounding uses. The expansion project proposes to add tenants to the vacant Building C, an existing unit on-site. The purpose of this parking demand analysis is to estimate the current on-site parking demand, as well as the potential parking demand with the occupancy of Building C. City Staff has conducted parking surveys of the existing parking demand at the Marketplace Shopping Center for both weekday and weekend peak periods, anti this data will be used in the Parking Demand Analysis. The proposed tasks to be conducted are provided in the Scope of Work. The corresponding fee estimate and schedule follow. SCOPE OF WORK Task 1. Estimate Parking Demand -The summary provided by City staff dated June 17, 2009 that describes the existing and future land uses and the corresponding sizes of each use will be used as the basis for this analysis. The existing parking surveys provided by City staff will also be used to determine the parking demand estimates for the existing site. This data will be used as the basis to calculate the projected parking supply with the new tenants. Industry standard parking rates for similar land uses will also be reviewed and compared to the City's parking code to verify the parking supply calculated from the surveys. This task includes analyzing one project description for the uses described in the June 17 summary. A shared parking analysis will not be performed as part of this scope and any analysis of alternate project descriptions or preparation of a parking management plan will be performed as an additional service. Task 2. Documentation - We will document the findings, including graphics for parking demand/supply, in a draft technical memorandum and submit for review and comment. Editorial and clarification comments will be incorporated into the final technical memorandum. This task includes up to two hours to respond to these comments. FEE AND SCHEDULE We estimate that our fixed fee cost to conduct thE; parking demand analysis as described in the Scope of Work is $3,900. Other tasks such as an~~lyzing additional project scenarios or attending 160 West Santa Clara Street, Suite 675 San Jose, CA 95113 (408) 278-1700 Fax (408) 278-1717 www.fehrand F eers.com fj~ FEHR & PEERS TRANSPORTATION CONSULTANTS project meetings and/or public hearings will be conducted as additional services only upon written authorization and billed on atime-and-materials basis according to the attached rate schedule (Attachment A). We estimate that we can complete the proposed Scope of Work and submit a draft technical memorandum within two weeks after receipt of a ~`ully executed contract. Our standard terms and conditions will be in effect (Attachment B). This p~oposal is valid for a period of 30 days. Should you have any questions, please call us ~~t (408) 278-1700. Otherwise, please sign and return one copy of this letter as our contractual agreement acknowledging your acceptance of its terms. We look forward to working with you on this project. Sincerely, FEHR & PEERS Jason Nesdahl. CE70682 Is licensed by the Board for Professional Engineers and Land Surveyors ~~~ ACCEPTED BY: City of Cupertino ~ Signature: Printed Name: li~l--K ~ G~ Date: m D Jason Nesdahl, P.E. Senior Transportation Engineer Sohrab Rashid. TR1845 Is licensed by the Board for Professional Engineers and Land Surveyors ~~~ Sohrab Rashid, P.E. Principal Attachments 1 F~ FEHR & PEERS TRANSPORTATION CONSULTANTS Attachment A 2009-:!010 Hourly Billing Rates Classification Hourly Rate Principal $185.00 - $355.00 Senior Associate $165.00 - $225.00 Associate $125.00 - $195.00 Senior Engineer/Planner $120.00 - $175.00 Engineer/Planner $90.00 - $140.00 Senior Technical Support $100.00 - $155.00 Administrative Support $60.00 - $125.00 Technician $75.00 - $115.00 Intern $60.00 - $90.00 • Other Direct Costs / ReimbursablL~ expenses are invoiced at cost plus 10% for handling. • Personal auto mileage is reimbursed at the then currenf IRS approved rate (55.0 cents per mile as of Jan 09). • Reproduction and Communication Expenses (Telephone, fax, computer, e- mail, etc.) are invoiced at cost as a percentage of project labor. 1 ~.~ FEHR ~i: PEERS TRANSPORTATION CDNSULTANTS Attachment B STANDARD TERMS ,AND CONDITIONS These STANDARD TERMS AND CONDITIONS apply to, and are made part of, the attached letter agreement ("Agreement") by and between FEHR & PEERS, a California corporation, ("Consultant"), and the "Client" referenced in the signature block on the Agreement. WITNESSETH THAT, in consideration of the premises and covenants hereinafter set forth, the parties agree as follows: 1. Data To Be Furnished. All information, data, reports, records and maps with respect to the Project which are available to Client and which Client deems reasonably necessary for the performance of work set forth in the Agreement, shall be furnished to Consultant without charge by Client. 2. Personnel. Consultant agrees that it will employ, at its own expense, all personnel necessary to perform the services required by this Agreement and in no event shall such personnel be the employees of Client. All of the services required hereunder shall be performed by Consultant and all personnel engaged therein shall be fully qualified under applicable federal, state and local law to undertake the work performed by them. Consultant assumes full and sole responsibility for the payment of all compensation and expenses of such personnel and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholdings. 3. Compensation. Client shall pay Consultant an amount not to exceed the sum noted in the Agreement as consideration for the services described. Consultant shall submit invoices to the Client monthly. Client agrees to pay the invoices within 30 days of receipt. If payment is not received within 60 days, Consultant may, at its sole discretion, elect to stop work until payments are received. In that case, Consultant will notify Client that work has ceased. Client also agrees to pay all costs, including attorney's fees and court costs, incurred by Consultant to collect on past due invoices. 4. Ownership of Documents. The work papers, drawings, photographs and any other written or graphic material, including AutoCad files, hereinafter materials, prE;pared by Consultant for this Project are instruments of the Consultant's service for use solely with respect to this Project and, unless otherwise provided, the Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Client shall be permitted to retain copier, including reproducible copies of Consultant's materials for information and reference in connection with the Client's use on the Project. The Client or others shall not use the Consultant's materials on other projects, or for changes to this Project without the express written consent of the Consultant. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as public~rtion or violation of copyright. 5. Attorneys' Fees/Arbitration. In the event that either party brings an action or claim arising out of or in connection with this Agreement, the prevailing party shall k~e entitled to reasonable and actual attorneys' fees incurred, as well as costs incurred, as well as expert witness fees, Any and all disputes shall be resolved by way of binding Arbitration, which shall take place in San Francisco, California utilizing a single Arbitrator. Arbitration shall take place under the auspices of either the American Arbitration Association or JAMS, at the election of the party commencing Arbitration. The prevailing party shall also be entitled to be reimbursed for any and all Arbitration expenses incurred. 6. Third Party Rights. The services provided for irI this Agreement are for the sole use and benefit of Client, Consultant, and Subconsultant. Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than Client, Consultant, and Subconsultant. 7. Modification/Termination. No waiver, alteration, modification or termination of this Agreement shall be valid unless made in writing. This agreement may be terminated for convenience and without cause by either party upon seven days' written notice. 8. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. 9. Electronic Signature. Pursuant to the Electronic: Signatures in Global and National Commerce Act and the Uniform Electronic Transaction Act, both parties agree to accept an electronic signature as a valid replacement of an ink and paper signature for all business transactions related to the subject project.