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11-095 Fehr and Peers, Evaluation of Parking Lot Layout Changes, 19875 Stevens Creek Boulevard CITY OF AGREEMENT / CITY OF CUPERTINO 10300 Torre Avenue ASS. 9Sf Cupertino, CA 95014 CUPERTINO 408- 777 -3200 NO. BY THIS AGREEME , ade and entered into this 29 day of AUGUST, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and FEHFt & PEERS Address 160 W SANTA CLARA ST, STE 675 City SAN JOSE Zip 95113 Phone 408.278.1717 (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: PREPARE AN EVALUATION OF PARKING LOT LAYOUT CHANGES AT KIDDIE ACADEMY IN CUPERTINO, CALIFORNIA LOCATED AT 19875 STEVENS CREEK BOULEVARD. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT A TERMS: The services and /or materials furnished under this Agreement shall commence on 8 -29 -2011 and shall be completed before 10 -29 -2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $5,000.00 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 without the 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: V ENTERED NAME GEORGE SCHROEDER, ASSISTANT PLANNER 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. CONTRACTOR: CITY OF CUPERTINO: B By GARY CHAO Title r L nc. `I) a. 1 Title CITY PLANNE ID / Soc. Sec. # ti»— OObs �+� `�i�l APPROVALS f EXPENDITURE DISTRIBUTIO DEPARTMENT HEAD ,, / DATE _ NUMBER AMOUNT / � ( �� 110 -2211 $5,000.00 AARTI SHRIVASTAVA April 5, 2011 BS 14591, CITY CLERK I DATE- JLH r g 7 // 3 Si Al A yr 1 ,;(:41 EXHIBIT A FEH R t PEERS August 26, 2011 George Schroeder City of Cupertino Community Development Department, Planning Division 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal to Prepare an Evaluation of Parking Lot Layout Changes in Cupertino, CA Dear George: Fehr & Peers is pleased to submit this proposal to evaluate proposed changes to the parking lot layout at 19875 Stevens Creek Boulevard in Cupertino, California. The proposed project would change the parking lot configuration in the rear of the facility to accommodate additional loading at the site. Based upon our discussions with you, this letter includes our proposed scope of work, fee, and schedule to complete the analysis. SCOPE OF WORK The analysis of the plans provided to us by the City will address on -site circulation, safety, queuing and parking. Mitigation measures will be developed if the analysis finds that the parking lot configuration causes impacts in any of these areas. We understand that the project applicant intends to submit their application on August 31' 2011. In order to meet this schedule, we will provide communication (verbal or written) regarding the initial results of the analysis and potential mitigation measures by August 31 We will develop a brief technical memo summarizing the results and potential mitigation measures shortly thereafter. FEE AND SCHEDULE The fee to conduct the analysis and documentation as described above is $5,000, which will be billed on a time and materials basis. This includes all professional and support staff time, as well as direct expenses. These services will be provided under the terms of our standard terms and conditions (provided with this letter). Additional services will only be conducted upon written authorization. We estimate that we can complete the analysis and provide a preliminary summary of results by Wednesday, August 31 and submit a draft memorandum for your review by September 7. If this scope, fee, and schedule are acceptable then please provide us with a copy of this letter with your signature below. This proposal is valid for a period of 30 days. We appreciate the opportunity to submit this proposal and to work with you. Should you have any questions, please call Ian Barnes at (408) 278 -1700. We look forward to working with you on this project. 160 West Santa Clara Street, Suite 675, San Jose CP, 95113 (408) 278 -1700 Fax (408) 278 -1717 www. fe h ra n d pe a rs. co m • George Schroeder FEHRO' PEERS August 26, 2011 Page 2 of 3 Sincerely, FEHR & PEERS ACCEPTED BY: Client: City of Cupertino CA Signature: Printed Name: Ian Barnes, E.I.T. Date: Wd/// Transportation Engineer Matt Haynes, P.E. Senior Associate P11- 2228 -SJ 160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408) 278 -1700 Fax (408) 278 -1717 www.fehrandpears.com CITY OF CUPERTINO RECEIPT NUMBER: BS000014591 RECEIVED BY: GEORGES PAYOR: CINDY CHENG TODAY'S DATE: 08/29/11 REGISTER DATE: 08/29/11 TIME: 13:30 1 REFUNDABLE DEPOSIT /RETAIN F &P TRAFFIC- 19875/85 SCB $5,000.00 TOTAL DUE: $5,000.00 CREDIT CARD: $5,000.00 REF NUM: VISA #6103 TENDERED CHANGE $5,000.00 $.00