09-152 Fehr & Peers Parking Analysis
CITY OF AGREEIMENT
--
CITY OF CUI~ERTINO
~/ I ~ 0300 Torre Avenue
V ~ t7 Cupertino, CA 95014 /~~~`~~
CUPERTINO 408-777-3200 NO. /l`,ZIU J
BY THIS AGREEMENT, made and entered into this 8`h day of December, 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Name (~). Fehr 8c Peers
Address: y60 West Santa Clara Street. Suite 675 City: San Jose Zip: 95113 Phone: (408) 278-y 700
(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: See Exhibit 7
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit 7 - Proaosal to
Prepare a Parking Analysis in Cupertino California datecl November 12. 2009.
TERMS: The services and/or materials furnished under this ~4greement shall commence on December 8. 2009
and shall be completed before January 19. 20'10
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2.800.00
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 :>uch 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 without the written consent of the City. No changes or
variations of any kind are authorized without the written consent of the City. V
CONTRACT CO-ORDINATOR and representative for CITY :>hall be: EJ\ i FRED
NAME Aki Honda Snelling C~ 408.777.333 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.
CONTRAC R:~ ~r~~%~-
By
Titl SP/!!a~ ~-SSOCI~~
Fed Tax ID# 68-0065540
A PPRAVAI C
DA E
DEPA TM N E
/
p$ 09 ~ y 0-221 ~ BS 9356 $2,800 O
CLER ATE / Oaf /O
CITY OF CUPERTINO:
By Garv Chao ~~l' ~/G-_
Title City Planner
EXPENDITURE DISTRIBUTION
(~ o
!!!
~~~Sg3s6 ~~~f~9 ~ ~
F(-1 R ~i I~ F F R S
TRANSPO RTATIGN CONSULTANTS
November 12, 2009
Mr. Gary Chao
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
EXHIBIT 1
Re: Proposal to Prepare a Prepare a ParKin;~ Ana/ysis in Cupertino, Ca/ifornia Poe-1857
Dear Mr. Chao:
Fehr & Peers is pleased to submit this proposal to conduct a parking analysis for The Hamptons
located at the southeast corner of Wolfe Road and Pruneridge Avenue in the City of Cupertino,
California. The purpose of the analysis is to d~~termine the existing parking demand of the
residential site and whether the on-site supply is sufficient to meet the demand- This analysis will
address the following points:
• Parking Occupancy Survey -Manual parking occupancy counts will be conducted from
midnight to 3 AM on one weekday and one weekend day to measure the number of
parked vehicles (or occupied spaces). the survey time periods correspond to peak
residential parking demand periods. W a will also request the vacancy rate of the
residential development.
Parking Demand Analysis -The manual parking occupancy data will be analyzed, and
adjusted for vacancy if needed, to detE~rmine the overall peak parking demand and
associated parking supply.
Documentation -The results of the analysis will be summarized in a draft memorandum
and submitted to City staff. Editorial and minor technical comments will be incorporated
into the final memorandum and submitted to City staff.
This scope is based upon our discussions with you and our experience in preparing parking
occupancy studies for other projects.
The fee to conduct the parking study as described above is $2,800, which includes $500 for data
collection. This fee estimate includes all profes=_ional and support staff time, as well as direct
expenses, and will be billed on a monthly basis. Additional services will only be conducted upon
written authorization. We estimate that we can complete the proposed scope of work and submit
a draft memorandum for your review within two weeks of our receipt of a signed contract.
If this scope, fee, and schedule and the attached terms are conditions (Attachment A) are
acceptable, this letter can serve as our contract. This proposal is valid for a period of 30 days.
Mr. Gary Chao
November 12, 2009
Page 2 of 4
r'"
f r_r &. Prr;z
Should you have any questions or need any additional information, please do not hesitate to call
us. We look forward to working with you on this pr~~ject. Our receipt of a signed copy of this letter
will provide authorization for us to proceed.
Sincerely,
FEHR & PEERS
Jason Nesdahl, CE 70682
Is licensed by the Board for Professional
Engineers_and Land Surveyors
Jason Nesdahl, P.E.
Senior Transportation Engineer
Robert H. Eckols, CE 36384
Is licensed by the Board for Professional
Engineers and Land Surveyors
!rte ~~~ ..s,~.~'' _.
Robert H. Eckols, P.E.
Senior Associate
Attachments
ACCEPTED BY
(amity of Cuper 'a'i'o~
:>ignature: ~~ nn'~ L~"-'~~l
Printed Name: / Tk ~ H-T~r~c~°~ ~'"~2-L-L-~'~~ C ~M>
Uate: 12-~ -O~
r'L ~ ~~ ~ ~ l ~~ ~ 0.''-l ~" \G~ .f"
z ~ -~
~ -
P09-1857-SJ
~~
Fjr-I j. cS; PtE~~>
T RA NSPO PTATION CONSULTANTS
ATTACHMIENT A
STANDARD TERMS AND CONDITIONS
These STANDARD TERMS AND CONDITIONS apple 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.
W ITN ESSETH THAT, in consideration of the premises and covenants hereinafter set forth, the parties agree as
follows:
~. Data To Be Furnished. All information, data, rep~~rts, 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 :smount 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 Auto Cad files, hereinafter materials, prepared 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 copies, 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 publication 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 be 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 n:imbursed for any and all Arbitration expenses incurred.
6. Third Party Rights. The services provided for it 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. Waiver. If any provision of this Agreement is de-:ermined to be illegal or unenforceable for any reason, the
same shall be severed from the Agreement and the remainder of the Agreement shall be given full force and effect.
9. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the
State of California.
Revised YO/O>/2009
r[Eil~ ~ PLLI~S
TRANSPO RTATZON .O NSU LTAN TS
10. 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.
~ 1. Entire Agreement. This Agreement sets forth thE~ entire understanding between the parties as to the subject
matter of this Agreement and merges all prior discussion:, negotiations, letters of understanding or other promises,
whether oral or in writing.
Revised >O/07/2009