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01-036 Fehr & Peers AssociatesKEMPER PREMIER ENNDORSEMENT FOR ARCHITECTURE AND ENGINEERING FIRMS THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: BUSINESSOWNERS LIABILITY COVERAGE FORM BP 71 08 1. ADDITIONAL INSURED - - BY CONTRACT, AGREEMENT OR PERMIT (rvoTe: Meers oR ExcEEDS c~ zo io i ~ ss) Item 5. of Section C. -WHO IS AN INSURED, is deleted and replaced by the following: Any person or organization to whom or to which you are obligated by virtue of a written contract. agreement or aermit to provide such insurance as afforded by this policy is an insured, but only with respect to liability arising out of: a) "Your work" for that insured by you, including work or operations performed on your behalf for that insured; b) Permits issued by state or political subdivision: for operations performed by you; or c) Premises you own, rent, occupy or use. This provision does not apply unless the written contract or agreement has been executed, or the permit has been issued, prior to the "bodily injury," "property damage," "personal injury' or "advertising injury." This provision does not apply to any person or organization included as an insured under Additional Insured -Vendors. 2. PRIMARY - -NON-CONTRIBUTORY This insurance is primary and is not additional to or contributing with any other insurance carried by or for the benefit of Additional Insureds. 3. SEPARATION OF INSUREDS Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies: a) As if each Named Insured were the only Named Insured; and b) Separately to each insured against whom claim is made or "suit" is brought. 4. NOTICE OF CANCELLATION If we cancel this policy for any reason other than non-payment of premium, we will mail written notice at least 30 days before the effective date of cancellati~~n to the Additional Insureds on file with the Company. If we cancel this policy for non-payment of premium, we will mail written notice at least 10 days before the effective date of cancellation to the Additional Insureds on file with the Company. 5. WAIVER OF SUBROGATION If the insured has rights to recover all or part of any payment we have made under this policy, those rights are transferred to us. This insurance shall not be invalidated should the Named Insured waive in writing, prior to a loss, any or all rights of recovery against ~~ny party for a loss occurring. However, the insured must do nothing after a loss to impair these rights. At our request, the insured will bring "suit" or transfer those rights to us and help us enforce them. This condition does not apply to Medical Expenses Coverage. Nothing herein contained shall vary, alter or extend any provision or condition of the Policy other than as above stated. NAMED INSURED: Fehr & Peers Associat POLICY NO: ~us66iso~oi Effective Date: os/i4/oi Expiration Date: os/i4/oz American Motorists Insurance Company Leslie Pancoast Authorized :i'ignature Professional Practice Insurance Brokers, Inc. A Hilb, Rogal and Hamilton Co. 10 California Street Redwood City, CA 94063 USA City of Cupertino ATTN: Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014-0580 This document was brought to you by CertificatesNow. If you have questions regarding the content of this document, please contact the Producer/Agent listed on the certificatE~ of insurance or the Insured listed on the notice of cancellation/reinstatemen~r. To find out how you can send and receive all of your certificates of insurance either by email, high speed fax or standard mail, call ConfirmNet toll-free at 877.669.8600, email customercare@confirmnet.com, or visit our website at www.confirmnet.com powered ny Confi~rml~ e~serYirsa lar thl Yaaeraara /a9sstry ACORD CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YY) M 12/21/01 PRODUCER 0641361 1-650-369-5900 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Professional Practice Insurance Brokers, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE A xi lb, Roqal and xamilton co. HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR to California street ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. Redwood City, CA 94063 INSURERS AFFORDING COVERAGE Leslie Pancoast INSURED h i INSURER A: American MOtOr1StS IriSUranCe Company Fe r & Peers Assoc ates, Inc. INSURER B: Greenwich Insurance Company 3685 Mt. Diablo Blvd., Suite 301 IVSURERC: Lafa ette CA 94549 IVSURERD: y , INSURER E: COVERAGES THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUF.ED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR rypE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE ~' POLICY EXPIRATION LIMITS A GENERAL LIABILITY 7RS66150701 05/14/01 05/14/02 EACH OCCURRENCE $1,000,000 X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE An one fire) $ 500,000 CLAIMS MADE ~ OCCUR MED EXP An one erson $ 10, 000 PERSONALBADV INJURY $ 1,000,000 GENERAL"AGGREGATE $ 2, 000, 000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS -COMP/OP AGG $ 2 , 000 , 000 X POLICY PRO LOC A AUTOMOBILE LIABILITY 7WW23531102 05/14/01 05/14/02 COMBINED SINGLE LIMIT 000 000 $ 1 X ANY AUTO (Ea accident) , , ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESS LIABILITY EACH OCCURRENCE $ OCCUR ~ CLAIMS MADE AGGREGATE $ DEDUCTIBLE $ RETENTION $ $ A WORKERS COMPENSATION AND 7CW23531112 09/01/01 09/01/02 X WC STATU- OTH- EMPLOYERS' LIABILITY E.L. EACH ACCIDENT $ 1, 000, 000 E.L. DISEASE - EA EMPLOYE $ 1 , 000 , 000 E.L. DISEASE -POLICY LIMIT $ 1 , 000 , 000 OTHER B Professional Liability PE00010619 1.2/06/01 12/06/02 Per Claim 1,000,000 Ann. Aqqreqate 2,000,000 DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/EXCLUSIONS ADDED BV ENDORSEMENT/SPECIAL PROVISIONS All operations of the named insured. See additional insured endorsement attached. Professional Liability only: A $50,000 deductible applies. Professional Liability is written at aggreqate limits of liability not less than the amount shown. Reference: Account No. 110-2211 Professional Services Aqreement - TIA / Compaq Mixed Use Prod=_ct VCRIIrII+AIC f7VLUCR ADDITIONAL INSURED; INSURER LETTER: I..ANIaLLAI1VN "NVN-YAYMCN7~ VP" YKl;MlUM: lU LAYS NU'1'1C1; Project #1015-356A F OULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Cupertino DP,TE THEREOF, THE ISSUING INSURER WILL7E~HgX~RC7D MAIL 30 DAYS WRITTEN NCITICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT.7BiLT~XR,IQRQ%~XIA7fiDX4Ef311Y1C ATTN: Office of the City Clerk ~gpp}~{~t{~Q~~}Ngy S7SSB)i}76~DACXX 10300 Torre Avenue i$ffiB4JEMYA~H£bX CUpert ln0, CA 95014-0580 AUTHORIZED REPRESENTATIVE Leslie Pancoast ACORD 25-5 (7197) Caro1M 569718 O ACORD CORPORATION 1988 J 3'~ ~~. ~ ACCOUNT NO. 110-2211 CONTRACT AMOUNT $26,840.83 PURCHASE ORDER NO. AGREEIVIENT THIS AGREEMENT, made and entered into this l 4"-' day of December 2001, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY", and), Fehr & Peers Associates, Inc. a consulting firm with offices at 255 North Market Street, Suite 200, San Jose, California 95110, hereinafter referred to as "CONTRACTOR"; WITNESSETH: WHEREAS, CITY desires to retain consulting services to assist CITY in providing a Traffic Impact Analysis for the Compaq Mixed Use project, and WHEREAS, CITY desires to engage CONTRACTOI: to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NOW, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement :;hall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, Californi~i, as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. PROJECT COORDINATION. (a) Cam. The City Manager shall be representative of CITY for all purposes under this agreement. AARTI SHRIVASTAVA hereby is designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and executi<m of this agreement. (b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. JANE BIERSTEDT hereby is designated as the PROJECT T;~IRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the executio~~ of this agreement require a substitute PROJECT DIRECTOR for any reason, the PROJECT DI:[~ECTOR designee shall be subject to the prior written acceptance and approval of AARTI SHRIVASTAVA, the PROJECT MANAGER. -1- 3. DUTIES OF CONTRACTOR. (a) Services to be Furnished. CONTRACTOR shall provide all specified services as set forth below: (1) See attached proposal (Exhibit A: Scope of Work) (b) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pa}' all charges and fees, and give all notices which may be necessary and incident to the due and :'.awful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself fully informed of all existing and future federal, state, and local laws, ordinances, regulations, orders, and decrees which mt-y affect those engaged or employed under this agreement, any materials used in CONTRACTOR'S performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PROJECT MANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors, if any, under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors, if ;zny, without the prior written approval of the City Manager. (d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this agreement, CO]TRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S cost. (e) Final Report. CONTRACTOR shall provide CITY with one electronic copy, one photocopy-ready original, and five (5) bound copies of the final report required under this agreement upon completion and acceptance of the report by CITY. The Traffic Impact Analysis shall be written in a clear and concise manner that can be easily understood by the general public. The report shall be illustrated with charts, maps, graphs and photographs to clarify and summarize the information. All photographic information should be scanned images and/or digital images. (f) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR based on fees shown in Exhibit A. CONTRACTOR shall submit monthly requisitions to City specifying the amount due for services performed by CONTRACTOR's staff anal a list of incurred expenses for the past -2- calendar month. Upon approval of the services performed and the requisition, City shall pay CONTRACTOR in accordance with such requisition up to the agreed-upon maximum. Monthly billings will be payable within thirty (30) days of invoice date. A charge of 1 % per month will be added to all past due accounts. 5. TERM. The services to be performed hereunder shall commence on December 14`'' 2001, and will continue until terminated by either party or until completion. 6. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period as he deems necessary due to unfavorable conditions or to the failure on the part of the CONTR~.CTOR to perform any provision of this agreement. SUSPENSION; TERMINATION. (a) Right to Suspend or Terminate. Either party may suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upon receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONT'RACTOR'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the PROJECT MANAGER'S inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed. 9. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONTRACTOR'S independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgmer.~t shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement. 10. ASSIGNMENT; SUBCONTRACTORS; :EMPLOYEES. (a) Assignment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or otherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a co~isent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate -3- this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prio r written consent of the other party. (b) Subcontractors. It is agreed that this agreerr~ent is for the personal services of Fehr & Peers Associates Inc. and cannot be performed by any other person or organization. (c) Subcontractors; Employees. CONTRACTGR shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the PROJECT MANAGER. 11. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014-0.580 TO CONTRACTOR: Attn: Jane Bierstedt 255 North Market Street, Suite 200 San Jose, CA 95110. 12. INTEREST OF CONTRACTOR. CON']['RACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies; that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CI'CY. 13. INDEMNITY. CONTRACTOR hereby agrees to indemnify and hold harmless CITY, its officers, agents, and employees of and from: (a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or control of CONTRACTOR, caused by any act or omission, negligent or otherwise, of CONTRACTOR or any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or agents. (b) Any all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damages suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of city, its officers, agents, or employees; (c) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. -4- (d) The CONTRACTOR is not responsible for the accuracy of data from sources other than his/her own or from conclusions reached as a result of utili<:ing information supplied by third persons. (e) The City agrees to provide legal defense to challenges to the adequacy and completeness of the services provided. The CONTRACTOR shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of juri:~diction that errors of facts, procedures or scope have occurred and that these errors and/or omissions were the result of the CONTRACTOR'S own work, then the CONTRACTOR shall be responsible for providing whatever remedies that may be required to make the analysis adequate and complete. 14. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is prirriary coverage and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) days' written notice of such cancellation or alteration, and that the City of Cupertino i~, named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 16. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 17. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violatio~i by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEYS FEES. They prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 19. EQUAL OPPORTUNITY EMPLOYMENT. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color natural origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or -5- termination. Consultant shall also comply with all relevant provisions of City's Minority Business Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effort or hereinafter enacted. 20. AGREEMENT CONTAINS ALL UNDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CIT`t and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreement shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement the day and year first above written. Y OF C(UPERTINO ll __ 11 W ~lJ G~ City Manager ATTEST: . ~ `~ City Clerk APPROVED AS TO FORM: City Attorney CONTRACTOR Fehr & Peers Associates, Inc. ~~ ape A. Bierstedt ,~% 255 Torth Market Street, Suite 200 San Jose, CA 95110 Address 408 278-1700 Telephone Social. Security number or Tax I.D. number G:\Planning\Aarti\Projects\Civic Park\Environrnental\F&PContract.doc 68-0065540 -6- Exhibit A SCOPE OF `WORK (reviewed by R:iy Chong) Compaq Campus EIR Transportation Impact Analysis (May 2:001) The purpose of the transportation section of the EIR is to evaluate the potential impacts of the proposed Compaq Campus on the surrounding transportation system. The proposed campus includes the development of 750,000 s.f. of office space, 19..500 s.f. of retail space, and 400 attached dwelling units. The impacts will be evaluated with level of service calculations for key intersections and freeway segments in the vicinity of the site. The key intersections to be included in the analysis are: 1. De Anza Boulevard/Homestead Road 2. Blaney Avenue/Homestead Road 3. Wolf Road/Homestead Road 4. Tantau Avenue/Homestead Road 5. Lawrence Expressway/Homestead Road 6. De Anza Boulevard/I-280 Northbound Ramps 7. De Anza Boulevard/I-280 Southbound Ramps 8. Wolfe Road/Pruneridge Avenue 9. Tantau Avenue/Pruneridge Avenue 10. Lawrence Expressway/Pruneridge Avenue 11. Wolfe Road/I-280 Northbound Ramps 12. Wolfe Road/I-280 Southbound Ramps 13. Tantau Avenue/Compaq Campus Signaliz~;d Driveway 14. Wolfe Road/Vallco Parkway 15. Perimeter Road/Vallco Parkway 16. Finch Avenue/Vallco Parkway 17. Tantau Avenue/Vallco Parkway 18. De Anza Boulevard/Stevens Creek Boulevard 19. Torre Avenue/Stevens Creek Boulevard 20. Blaney Avenue/Stevens Creek Boulevard 21. Portal Avenue/Stevens Creek Boulevard 22. Perimeter Road/Stevens Creek Boulevard 23. Wolfe Road/Stevens Creek Boulevard 24. Finch Avenue/Stevens Creek Boulevard 25. Tantau Avenue/Stevens Creek Boulevard 26. I-280 Southbound Ramps/Stevens Creek E~oulevard 27. Lawrence Expressway Southbound Ramps/Stevens Creek Boulevard 28. Lawrence Expressway Northbound Ramp;~/Stevens Creek Boulevard 29. Lawrence Expressway/I-280 Southbound :E~amps 30. Miller Avenue/Phil Lane 31. Lawrence Expressway/Mitty Way 32. De Anza Boulevard/Bollinger Road 33. Blaney Avenue/Bollinger Road 34. Miller Avenue/Bollinger Road 35. Tantau Avenue/Bollinger Road 36. Lawrence Expressway/Bollinger Road 37. Lawrence Expressway/Doyle Road 38. Lawrence Expressway/Prospect Road The freeway segments that will be evaluated are: I-280 -Saratoga Avenue to Lawrence Exf~ressway Stevens Creek Boulevard I-280 -Lawrence Expressway to Wolfe Read I-280 -Wolfe Road to De Anza Boulevard I-280 - De Anza Boulevard to SR 85 The key intersections will be evaluated during the:norning (AM) and evening (PM) peak-hours for the following scenarios: Scenario 1: Existing Conditions -Existing volumes obtained from up-to-date traffic counts. Scenario 2: Existing plus Approved (Bcrckground) Conditions -Existing volumes plus traffic from approved, but n.ot yet constructed developments in the area. Scenario 3: Project Conditions -Existing volumes plus traffic from approved, but not yet constructed developments in the area, plus expected traffic associated with the proposed Compaq Campus project. Scenario 4: Cumulative Conditions - Tr;~ffic from Scenario 3 plus traffic from additional pending development as determined by City staff plus a growth factor. Other issues to be addressed include: 1. On-site vehicular circulation and access impacts 2. Project impacts on pedestrian and bicycle access 3. Project impacts on public transit 2 The analysis will be conducted with the following; tasks: Task 1: Finalize Trip Generation, Trip Distribution, and Trip Assignment Traffic generated by the proposed Compaq Campus project has been estimated by applying appropriate trip generation rates from the Institute of Transportation Engineers (ITE) Trip Generation (6"'Edition). Trip generation reductions have been applied due to the mixed use nature of the proposed project and is consistent with the- Valley Transportation Authority (VTA) (the congestion management agency in Santa Clara County) guidelines. The trip generation estimates and associated trip reductions have been approved by the City of Cupertino Staff. The directions of approach and departure will bf; based on the distribution used in the Tandem Computers Development TIA (May, 1997) prepared by Fehr & Peers Associates. The distribution used in that analysis was based on the place of residence of Tandem employees at that time. The trips will be assigned to the roadway segments and intersection turning movements based on the directions of approach and departure. The TRAFFIX LOS analysis software will be used to assign project trips to the roadway network. Task 2 -Existing Conditions New manual turning-movement counts will be conducted at intersections where current count data is not available. We have current count data at many of the study intersections from other projects in the area and from City staff. Sixteen new peak period intersection turning movement counts will need to be conducted as part of this study. The results of the counts will be used to determine intersection levels of service. The intersection levels of service will be calculated using the TRAFFIX software package and will conform to the VTA and City of Cupertino level of service analysis guidelines. Freeway segment levels of service will be evaluated using data available from the Santa Clara Congestion Management Program (CMP) and the methodology specified by the VTA. Existing transit service serving the site will be ide~itified. Pedestrian and bicycle facilities near the project site will also be identified. 3 Task 3 -Evaluate Background Conditions A list of approved, but not yet constructed, developments has been obtained from City of Cupertino staff. For those developments without formal traffic studies, we will estimate the traffic added to the roadway network using standard traffic engineering methods. Traffic for the approved developments will be addf;d to the existing traffic volumes. The intersection levels of service under Background Conditions will be then be calculated. Approved roadway improvements that are programmed to be completed prior to completion of the proposed development will be assumed to be in place in the background level of service analysis. Task 4 -Evaluate Project Conditions First, redirection of Background Conditions traffic due to the realignment of roadway system between the project site and Vallco Fashion Park will be estimated. Then, net-added project trips (estimated in Task 1) will be added to traffic volumes under Background Conditions to obtain traffic volumes for Project Conditions. The operations of~:he roadway system under Project Conditions will be evaluated using intersection and freeway segnnent level of service calculations. The left-turn pocket storage lengths at locations where the prof ec;t is estimated to add a significant number of new vehicles will be evaluated. Task 5 -Identify Significant Impacts and Recommend Mitigation Measures The results of the level of service calculations under Project Conditions will be compared to the results under Background Conditions to identify significant project impacts. The appropriate criteria for intersection impacts from the City of Cupertino, City of Santa Clara, City of Sunnyvale, and CMP will be applied. If significant impacts are identified, feasible mitigation measures will be recommended. Mitigation measures may include physical improvements, such as adding lanes to intersections or the installation of traffic signals, ~~r methods to modify the traffic demand of the project, such as implementing transportation demand management techniques (e.g. ridesharing programs and bicycle facilities). Task 6 -Evaluate Cumulative Conditions The impacts of other potential projects within the study area, such as the Villa Serra Apartments expansion project, will be evaluated under Cumulative Conditions. A list of cumulative projects has been obtained from City staff. The traffic associated with these potential projects will be added to the roadway system. In addition to traffic from potential projects, a growth factor will be applied to all turning movement volumes. Intersection level of service calculations will then be conducted to evaluate Cumulative Conditions. 4 Task 7 -Evaluate Site Access and On-Site Circulation The site plan will be reviewed to assess site acces:~ and on-site circulation, including operations of the proposed garage access points and on-site pedestrian and bicycle circulation. The number of parking spaces provided by the proposed project will be compared to City of Cupertino code to determine if adequate parking will be provided. Task 8 -Pedestrian and Bicycle Access Impacts Potential project impacts to pedestrian and bicyclc; access will be identified. Task 9 -Address Neighborhood Traffic Intrusion The amount of project traffic likely to intrude into the nearby residential neighborhoods will be estimated. Traffic calming measures to minimize ~~roject impacts will be addressed. Task 10 -Impacts to Public Transit Potential project impacts to the public transit systc;m will be identified. Task 11 -Prepare Documentation The transportation setting and evaluation of prof ect impacts will be documented in a report. The draft report will be submitted to Compaq, The Riding (croup, David Powers & Associates, and City of Cupertino staff for review. Responses to these comments will be incorporated into the transportation section of the Draft EIR. Responses to comments on the Draft EIR requiring text modifications are included in the fee estimate. Responses that require additional technical analysis may require authorization and additional budget. Task 12- Attend Meetings and Public Hearings The project manager and/or project engineer will attend up to four neighborhood meetings and two meetings with the project team and/or City staff in ~~onjunction with this study. The fee estimate also includes attendance at four public hearings. Additional Services This scope of work has been tailored to meet the specific requirements of this project. However, additional work items may be needed as the study progresses. The additional services that are beyond the scope of this study include, but are not: limited to, conducting additional traffic counts, evaluating additional study locations, evaluating; alternative project descriptions or site plans, conducting parking surveys, preparing conceptual designs of mitigation measures, and responding to comments requiring technical analyses. We will conduct additional services with authorization. 6 U~~I~~~ ACCOUNT NO. 110-2211 CONTRACT AMOUNT $ 53,690.00 (NTE) PURCHASE ORDER NO. AGREEMENT THIS AGREEMENT, made and entered into this :!3`h day of Apri12001, by and between the CITY OF CUPERTINO, a municipal corporation of California, hereinafter referred to as "CITY", and), Fehr & Peers Associal:es, Inc. a consulting firm with offices at 255 North Market Street, Suite 200, San Jose, California 95112, hereinafter referred to as "CONTRACTOR' ; WITNESSETH: WHEREAS, CITY desires to retain consulting services to assist CITY in providing a Traffic Impact Analysis for the Civic Park (Town Center) project, and WHEREAS, CITY desires to engage CONTRACTOF: to provide these services by reason of its qualifications and experience for performing such services, and CONTRACTOR has offered to provide the required services on the terms and in the manner set forth herein; NC-W, THEREFORE, in consideration of their mutual covenants, the parties hereto agree as follows: 1. DEFINITIONS. (a) The word "City" as used in this agreement shall mean and include all the territory lying within the municipal boundaries of the City of Cupertino, California., as presently existing, plus all territory which may be added thereto during the term of this agreement by annexation or otherwise. (b) The term "City Manager" shall mean the duly appointed City Manager of the City of Cupertino, California, or his designated representative. (c) The term "City Attorney" shall mean the duly appointed City Attorney of the City of Cupertino, California, or his designated representative. (d) The term "City Clerk" shall mean the duly appointed City Clerk of the City of Cupertino, California, or her designated representative. 2. PROJECT COORDINATION. (a) City. The City Manager shall be representative of CITY for all purposes under this agreement. AARTI SHRIVASTAVA hereby is designated as the PROJECT MANAGER for the City Manager, and shall supervise the progress and execution of this agreement. (b) Contractor. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this agreement for CONTRACTOR. JANE BIERSTEDT hereby is designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the executio~r of this agreement require a substitute PROJEC',T DIRECTOR for any reason, the PROJECT DIRECTOR designee shall be subject to the prior written acceptance and approval of AARTI SHRIVASTAVA, the PROJECT MANAGER. -1- 3. DUTIES OF CONTRACTOR. (a) Services to be Furnished. CONTRACTOR :;hall provide all specified services as set forth below: (1) See attached proposal (Exhibit A: ~~cope of Work and Exhibit B: Tentative Project Schedule) (b) Laws to be Observed. CONTRACTOR shall: (1) Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by CONTRACTOR under this agreement; (2) Keep itself fully informed of all exi;~ting and future federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in CONTRACTOR's performance under this agreement, or the conduct of the services under this agreement; (3) At all times observe and comply witn, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regulations, orders, and decrees mentioned above; (4) Immediately report to the PROJECT 1vIANAGER in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any plans, drawing, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, CONTRACTOR or its subcontractors, if any, under this agreement shall be the property of CITY and shall not be made available to any individual or organization by CONTRACTOR or its subcontractors, if an}~, without the prior written approval of the City Manager. (d) Copies of Reports and Information. If CITY requests additional copies of reports, drawings, specifications or any other material which CONTRACTOR is required to furnish in limited quantities as part of the services under this agreement, CO)\'TRACTOR shall provide such additional copies as are requested and CITY shall compensate CONTRACTOR for the costs of duplicating of such copies at CONTRACTOR'S cost. (e) Final Report. CONTRACTOR shall provide CITY with one electronic copy, one photocopy-ready original, and five (5) bound copies of the -ina1 report required under this agreement upon completion and acceptance of the report by CITY. Th~~ Traffic Impact Analysis shall be written in a clear and concise manner that can be easily understood ~y the general public. The report shall be illustrated with charts, maps, graphs and photographs to clarify and summarize the information. All photographic information should be scanned images and/or digital images. (f) Qualifications of Contractor. CONTRACTOR represents that it is qualified to furnish the services described under this agreement. 4. COMPENSATION. For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR based on fees shown in Exhibit A. CONTRACTOR shall submit monthly requisitions to City specifying the amount due for services performed by CONTRACTOR's staff anc. a list of incurred expenses for the past -2- calendar month. Upon approval of the services performed and the requisition, City shall pay CONTRACTOR in accordance with such requisition up to the agreed-upon maximum. Monthly billings will be payable within thirty (30) days of invoice date. A charge of 1% per month will be added to all past due accounts. 5. TERM. The services to be performed her~;under shall commence on Apri123, 2001, and will continue until terminated by either party or until completion. 6. TEMPORARY SUSPENSION. The City Manager shall have the authority to suspend this agreement, wholly or in part, for such period pis he deems necessary due to unfavorable conditions or to the failure on the part of the CONTRACTOR to perform any provision of this agreement. SUSPENSION; TERMINATION. (a) Riaht to Suspend or Terminate. Either party m~iy suspend or terminate this agreement for any reason by giving thirty (30) days' written notice. Upo~r receipt of such notice, CONTRACTOR shall immediately discontinue his performance under this agreement. (b) Payment. Upon such suspension or termination, CONTRACTOR shall be paid for all services actually rendered to CITY to the date of such suspension or termination; provided, however, if this agreement is suspended or terminated for fault of CONTRACTOR, CITY shall be obligated to compensate CONTRACTOR only for that portion of CONT'RACTOR'S services which are of benefit to CITY. (c) Return of Materials. Upon such suspension or termination, CONTRACTOR shall turn over to the City Manager immediately any and all copies of ;studies, sketches, drawings, computations, and other data, whether or not completed, prepared by CONTRACTOR or its subcontractors, if any, or given to CONTRACTOR or its subcontractors, if any, in connection with this agreement. Such materials shall become the permanent property of CITY. CONTRACTOR, however, shall not be liable for CITY's use of incomplete materials or for CITY's use of complete documents if used for other than the project contemplated by this agreement. 8. INSPECTION. CONTRACTOR shall furnish CITY with every reasonable opportunity for CITY to ascertain that the services of CONTRACTOR are being performed in accordance with the requirements and intentions of this agr~:ement. All work done and all materials furnished, if any, shall be subject to the PROJECT MAI`IAGER's inspection and approval. The inspection of such work shall not relieve CONTRACTOR of any of its obligations to fulfill its agreement as prescribed. 9. INDEPENDENT JUDGMENT. Failure of CITY to agree with CONTRACTORS independent findings, conclusions, or recommendations, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of CONTRACTOR to meet the requirements of this agreement. 10. ASSIGNMENT; SUBCONTRACTORS;I=;MPLOYEES. (a) Assi nment. Both parties shall give their personal attention to the faithful performance of this agreement and shall not assign, transfer, convey, or orherwise dispose of this agreement or any right, title, or interest in or to the same or any part thereof without the prior written consent of the other party, and then only subject to such terms and conditions as the other party may require. A consent to one assignment shall not be deemed to be a con;gent to any subsequent assignment. Any assignment without such approval shall be void and, at the option of the other party, shall terminate -3- this agreement and any license or privilege granted herein. This agreement and any interest herein shall not be assignable by operation of law without the prior written consent of the other party. (b) Subcontractors. It is agreed that this agreeme;nt is for the personal services of Fehr & Peers Associates Inc. and cannot be performed by any other person or organization. (c) Subcontractors; Employees. CONTRACTOI.2 shall be responsible for employing or engaging all persons necessary to perform the services of CONTRACTOR hereunder. No subcontractor of CONTRACTOR will be recognized by CITY as such; rather, all subcontractors are deemed to be employees of CONTRACTOR, and it agrees, to be responsible for their performance. CONTRACTOR shall give its personal attention to the fulfillment of the provisions of this agreement by all of its employees and subcontractors, if any, and shall keep the work under its control. If any employee or subcontractor of CONTRACTOR fails or refuses to carry out the provisions of this agreement or appears to be incompetent or to act in a disorderly or improper manner, he shall be discharged immediately from the work under this agreement on demand of the PROJECT MANAGER. 11. NOTICES. All notices hereunder shall be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: TO CITY: Office of the City Clerk 10300 Torre Avenue Cupertino, CA 95014-0580 TO CONTRACTOR: Attn: Jane Bierstedt 255 North Market Street, Suite 200 San Jose, CA 95112. 12. INTEREST OF CONTRACTOR. CONTRACTOR covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the services hereunder. CONTRACTOR further covenants that, in the performance of this agreement, no subcontractor or person having such an interest shall be employed. CONTRACTOR certifies that no one who has or will have any financial interest under this agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the services hereunder, CONTRACTOR shall at all times be deemed an independent contractor and not an agent or employee of CITY. 13. INDEMNITY. CONTRACTOR hereby agrees to indemnify and hold harmless CITY, its officers, agents, and employees of and from: (a) Any and all damage to or destruction of the property of CITY, its officers, agents, or employees occupied or used by or in the care, custody, or a~ntrol of CONTRACTOR, caused by any act or omission, negligent or otherwise, of CONTRACTOR ~~r any subcontractor under this agreement or of CONTRACTOR'S or any subcontractor's employees or agents. (b) Any all claims and demands which may be made against CITY, its officers, agents, or employees by reason of any injury to or death of or damage suffered or sustained by any employee or agent of CONTRACTOR or any subcontractor under this agreement, however caused, excepting, however, any such claims and demands which are the result of the sole negligence or willful misconduct of city, its officers, agents, or employees; (c) Any and all penalties imposed or damages sought on account of the violation of any law or regulation or of any term or condition of any permit. -4- (d) The CONTRACTOR is not responsible for the accuracy of data from sources other than his/her own or from conclusions reached as a result of utilizing information supplied by third persons. (e) The City agrees to provide legal defense to challenges to the adequacy and completeness of the services provided. The CONTRACTOR shall assist the CITY in responding to such challenges. If it is subsequently ruled by a court of jurisdiction that e;rrors of facts, procedures or scope have occurred and that these errors and/or omissions were the re;sult of the CONTRACTOR'S own work, then the CONTRACTOR shall be responsible for providing; whatever remedies that may be required to make the analysis adequate and complete. 14. WORKERS' COMPENSATION. CONTRACTOR certifies that it is aware of the provisions of the Labor Code of the State of California which require every employer to be insured against liability for workers' compensation or to undertal~:e self-insurance in accordance with the provisions of that code, and it certifies that it will comply with such provisions before commencing the performance of the work of this agreement. 15. INSURANCE. CONTRACTOR, at its sole cost and expense, shall obtain and maintain in full force and effect throughout the entire term of this agreement the insurance coverage of at least a "B" rating as determined in accordance with the insurance industry standard, insuring not only CONTRACTOR, but also (with the exception of workers' compensation and employer's liability insurance), CITY, its officers, agents, and employees, and each of them with respect to activities and services performed by CONTRACTOR for or on behalf' of CITY under the provisions of this agreement. Certificates of such insurance, preferably on the forms provided by CITY, shall be filed with CITY concurrently with the execution of this agreement or, with CITY's approval, within ten (10) days thereafter. Said certificates shall be subject to the approval of the City Attorney and shall contain an endorsement stating that said insurance is primary coverage and will not be canceled or altered by the insurer except after filing with the City Clerk thirty (30) d«ys' written notice of such cancellation or alteration, and that the City of Cupertino is named as an additional insured. Current certificates of such insurance shall be kept on file at all times during the term of this agreement with the City Clerk. 16. AGREEMENT BINDING. The terms, covenants, and conditions of this agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subcontractors of both parties. 17. WAIVERS. The waiver by either party of any breach or violation of any term, covenant, or condition of this agreement or any provision, ordinance, or law shall not be deemed to be a waiver of any other term, covenant, condition, ordinance, or law or of any subsequent breach or violation of the same or of any other term, covenant, condition, ordinance, or law. The subsequent acceptance by either party of any fee or other money which may become due hereunder shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, covenant, or condition of this agreement or of any applicable law or ordinance. 18. COSTS AND ATTORNEYS FEES. The prevailing party in any action brought to enforce the terms of this agreement or arising out of this agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. 19. EQUAL OPPORTUNITY EMPLOYMEIIT. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subcontractor, employee or applicant for employment because of race, religion, color ~iatural origin, handicap, ancestry, sex or age. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions of City's Minority Business -5- Enterprise program, Affirmative Action Plan or other related programs or guidelines currently in effort or hereinafter enacted. 20. AGREEMENT CONTAINS ALL U]VDERSTANDINGS. This document represents the entire and integrated agreement between CITY and CONTRACTOR and supersedes all prior negotiations, representations, or agreements, either written or oral. This document may be amended only by written instrument, signed by both CITY and CONTRACTOR. All provisions of this agreement are expressly made conditions. This agreerent shall be governed by the laws of the State of California. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this agreement the day and year first above written. CITY OF C ERTINO CONTRACTOR .. ((~{{„JJJ .s.~p.o~ Ci y Manager p~ ~ ~~ ATTEST: City Clerk APPROVE S TO F M: ity Attorney i- ~" ~7~~5 j~tSS6G{a`~S Name 3 6~ s M-f Q,`Q 6 b 41~ ~ S4 ~ `~c.- 3~ Address q25= Zg4~3~.00 Telephone Social .Security number or Tax I.It. number ro ~ ~ 0 d 6 ~ ¢'0 G:\Planning\Aarti\Projects\Civic Park\Environmental\F&PContract.doc -6- Exhibiit A SCOPE OF' WORK TIA Revisions for the Cupertino Civic Park Project The Scope of Work contains the tasks to revi~.e the draft Transportation Impact Analysis (TIA), prepared by RKH Civil and Transportation Engineering, for the Cupertino Civic Park Project and to conduct additional analyses including a detailed traffic operations analysis for De Anza Boulevard. The intersections and freeway segments analyzed in the draft TIA will remain the same. Task 1 -Estimate Project Traffic The amount of traffic generated by the revised. project will be estimated by applying ITE trip generation rates. Estimates of traffic gen~;rated by the existing uses on-site will be subtracted to determine net-added traffic. Thf; net-added traffic will be assigned to the nearby intersections, based on the trip distribution pattern presented in the draft TIA. Task 2 - Re-Evaluate Existing Conditions Existing AM and PM peak-hour traffic intersection turning movement counts obtained from City staff will be used to re-evaluate Existing Conditions at selected locations. The existing operations of the key intersections will be evaluated with level of service calculations using TRAFFIX. The input parameters used in the draft TIA will be revised to reflect City and VTA guidelines. Task 3 - Evaluate Background Conditions Projected traffic volumes from approved (but riot yet constructed) developments from the draft TIA will be updated based on information provided by the city and will be added to the existing volumes to obtain traffic volum~;s for Background Conditions. Level of service calculations will be performed to evaluate intersection operations under Background Conditions. Task 4 -Evaluate Project Conditions The project traffic from Task 1 will be added to the background traffic volumes. Intersection level of service calculations will. be conducted to estimate the operating levels of the key intersections during the AM <<nd PM peak hours after completion of the proposed project. A freeway segment analysis; will be conducted to determine whether the amount of project traffic added to I-280 ~md SR 85 would be sufficient to cause a significant impact. Task 5 -Evaluate Phase II Development Conditions The amount of net-added traffic generated by buildout of the remainder of the Civic Park site will be estimated using ITE rates. The a~3ded traffic will be assigned to the nearby intersections, based on the trip distribution p~.ttern presented in the draft TIA and added to traffic volumes from Task 4. Intersection level of service calculations will be conducted to estimate the operating levels of t11e key intersections during the AM and PM peak hours after completion of the proposed project. Task 6 -Evaluate Site Access Vehicular, pedestrian, and bicycle access to the site will be assessed. This task will include level of service calculations, recommended lane configuration, and a traffic signal warrant analysis (peak hour only) for tree proposed signalized access to the site on De Anza Boulevard. Task 7 -Evaluate Parking Supply The proposed parking supply will be comparc;d to the City's parking code requirements to determine whether it will be adequate. A shared parking analysis will be conducted to estimate the overall peak parking demand and associated parking space availability for city hall and library users. Task 8 -Identify Significant Impacts and Recommend Mitigation Measures The impacts of the project will be identified by comparing the results of the level of service calculations for Background Conditions to the results for Project Conditions. Recommendations will be formulated to mitigate significant project impacts. These recommendations may include physical improvements, such as adding lanes to intersections or installing traffic signals, or m~:thods to modify the traffic demand of the project, such as implementing transportation demand management techniques (e.g. ridesharing programs and bicycle facilities). Task 9 -Evaluate Future Growth Conditions Existing traffic volumes will be increased with a 1.2 percent growth rate from the date of the analysis to the projected project opening; date. Traffic projections from approved projects and the proposed project will be added to estimate volumes for Expected Growth Conditions. Level of service calculations will be conducted to evaluate the operations of the key intersections. This analysis scenario is ~°equired by the VTA. Task 10 -Evaluate Cumulative (2010) Conditions Traffic volumes for Cumulative (2010) Conditions comprise existing volumes, a 12 percent growth rate (1.2 percent per year for 10 years), traffic projections for approved projects, traffic projections for the proposed project, and traffic projections for pending developments. Traffic generated by the potential redevelopment of the parcel south of Civic Park is included in this analysis scenari~~. Intersection level of service calculations will be conducted to evaluate Cumulative Conditions. Task 11 -Conduct Operational Analysis for De Anza Boulevard A detailed operational analysis will be conducted for De Anza Boulevard between Stevens Creek Boulevard and Bollinger Road. The analysis will use Synchro and CORSIM to evaluate the AM and PM peak hoer conditions for the following scenarios: • Existing volumes and configuration • Existing volumes and new configuration • Project Condition volumes and new configuration. Existing signal timing information will be pr~~vided by the City. The existing volumes and configuration scenario will be validated ley field observations and travel time runs. The new configuration will include adding a southbound left-turn pocket near Scofield, adding a signalized driveway for the project, ~°estricting Pacifica to right turn in and out only, and adding two northbound left-turn lanes at McClellan. Task 12 -Address Neighborhood Traffic Intrusion The amount of project traffic likely to intrude into the nearby residential neighborhoods will be estimated. Traffic calming measures to minimize project impacts will be addressed. Task 13 -Present Cross-Section Alternatives fir Rodri ues Alternative cross-sections will be prepared for Rodrogues Avenue, showing methods to increase the pedestrian-friendly nature of this street, such as adding of on-street parking and/or bike lanes. Task 14 -Prepare Documentation The results of the study will be documented iri a written report. The draft report will be submitted to the city for review and comment. Comments will be incorporated into a final report that will be suitable for inclusion in the environmental assessment document. A budget amendment will be needed if significant comments are received or if additional technical analysis is needed. Task 15 -Attend Meetings The fee estimate includes attendance at four staff level meetings, four neighborhood meetings, and four public hearings. Presen~:ation materials will be prepared for the neighborhood meetings. Additional Services Additional services may be required during the conduct of the study. Additional services include preparing conceptual plans of mitigati~~n measures, conducting counts, evaluating additional intersections, evaluating more than one project description or site plan, and evaluating project alternatives. Exhibit A Civic Park TIA Fee Estimate Task Principal Senior En ineer Engineer Support Direct Costs Task Total 1. Project Traffic 2 8 0 2 $0 $1,460 2. Existing Conditions 0 12 12 0 $50 $2,570 3. Background Conditions 0 12 8 0 $0 $2,180 4. Project Conditions 0 8 4 2 $0 $1,470 5. Phase II Conditions 0 8 4 2 $0 $1,470 6. Site Access 2 4 4 0 $0 $1,170 7. Shared Parking Analysis 8 6 0 0 $0 $2,070 8. Impacts/Mitigation Measures 4 8 4 2 $0 $2,130 9. Expected Growth Conditions 0 8 0 0 $0 $1,000 10. Cumulative (2010) Conditions 0 8 0 0 $0 $1,000 11. De Anza Operational Analysis 4 66 8 8 $150 $10,260 12. Neighborhood Intrusion 8 4 0 8 $100 $2,440 13. Rodrigues Cross-Sections 2 8 0 8 $100 $1,950 14. Documentation 14.1 Administrative Draft 4 24 8 16 $100 $5,480 14.2 Draft 2 12 4 4 $200 $2,630 14.3 Responses to Comments on DEIIZ 2 2 4 2 $0 $1,050 15. Meetings 15.1 Staff Meetings (4) 16 8 0 0 $100 $3,740 15.2 Neighborhood Meetings (4) 16 16 0 16 $200 $5,880 15.3 Public Hearin s (4) 16 8 0 0 $100 $3,740 Total 86 230 60 70 $1,100 $53,690 EXHIBIT B TENTATIVE PROJECT SCHEDULE TASK Finalize contract, receive deposit from applicant, authorize work to begin Consultant submits Draft Traffic Analysis to Staff Staff returns comments to Consultant Consultant submits final Traffic Report Neighborhood Meetings (4) (as necessary) Planning Commission public hearings (2) City Council public hearings (2) DATE COMPLETED BY April 23, 2001 April 30, 2001 May 8, 2001 May 22, 2001 May 2001 June/July 2001 July/August 2001 -7-