02-062 Fehr & Peers - Traffic Impact AnalysisACCOUNT NO.110-2211
CONTRACT AMOUNT
PURCHASE ORDER NO.
$12,120.00 (NTE~
n i~v
V~
AGREEMENT
BETWEEN
CITY OF CUI'ERTINO
ANL~
Fehr and Peers Associates, Inc.
FOR
PROFESSIONAL SERVICES
THIS IS AN AGREEMENT MADE AS OF October 10, 2002, BETWEEN CITY
OF CUPERTINO (hereinafter referred to as CITY), and Fehr & Peers Associates, Inc.
(hereinafter referred to as Consultant).
WITNESSETH:
WHEREAS, CITY intends to conduct a Traffic Impact Analysis for the Extended Stav
America project on 10745 N. De Anza Boulevard (hereinafter referred to as Project)
and,
WHEREAS, CITY requires certain professional services in connection with Project
(hereinafter referred as Services); and
WHEREAS, Consultant is qualified and prepared to provide such Services;
NOW, THEREFORE, in consideration of the promises contained herein, the parties
agree as follows:
ARTICLE 1-SERVICES TO BE PERFORMED BY CONSULTANT
1.1 Specific Services and the associated scope of services, payment, schedule, and
personnel will be defined in specific Taslc Order as mutually agreed by City and
Consultant.
1.2 All Task Orders will by reference incorp~~rate the terms and conditions on this
Agreement, and become formal amend><r-ents hereto.
ARTICLE 2 -COMPENSATION
2.1 For the full performance of the services described herein by Consultant, City shall
pay Consultant based an a Time and Materials basis for a Cost Not To Exceed
$12,120. Consultant shall submit monthly requisitions to City specifying the
amount due for services performed by Consultant's staff and a list of incurred
expenses for the past calendar month. Upon approval of the services performed
PC/DIR/C ITY/FRM S/A92502
and the requisition, City shall pay Consi.~ltant in accordance with such requisition
up to the agreed-upon maximum.
2.2 Reimbursement for mileage shall not ex~,eed the prevailing Internal Revenue
Service's standard mileage rate.
2.3 Consultant shall invoice City monthly for the actual costs incurred. If the
Maximum Fee Ceiling is reached, the Consultant will complete the agreed-upon
work for the Maximum Fee Ceiling. Wirth City staff approval, labor hours may be
reallocated within the tasks without renegotiation in such a manner so as not to
exceed the Maximum Fee Ceiling.
2.4 The Consultant shall provide the City with a review of the budget amounts when
75 percent of the Cost Ceiling for any ta~:k has been expended. Consultant may
request a revision in the Cost Ceiling for performance of this Agreement, and will
relate the rationale for the revision to thE~ specific basis of estimate as defined in
the Scope of Services. Such notification will be submitted to the City at the
earliest possible date. The authorized C~~st Ceiling shall not be exceeded without
written approval of the City.
2.5 Direct labor rates are subject to revision to coincide with Consultant's normal
salary review schedule. Adjustments in direct labor rates shall not affect the firm
ceiling without prior written authorization of the City.
ARTICLE 3 -PERIOD OF SERVICE
3.1 Consultant's services shall commence on October 10, 2002, and will continue until
terminated by either party or until comf~letion.
3.2 Consultant's services under this Agreement will be considered complete when
the services are rendered and/or final deliverable is submitted and accepted by
City.
3.3 If any time period within or date by which any of the Consultant's services are to
be completed is exceeded through no fault of Consultant, all rates, measures and
amounts of compensation and the time for completion of performance shall be
subject to equitable adjustment.
ARTICLE 4 -CITY'S RESPONSIBILITIES.
City will do the following in a timely manner ;~o as not to delay the services of
Consultant.
4.1 Provide all criteria and full information pis to City's requirements for the
services assignment and designate in writing a person with authority to act on
City's behalf on all matters concerning 1the Consultant's services.
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4.2 Furnish to Consultant all existing studies, reports and other available data
pertinent to the Consultant's services, obtain or authorize, Consultant to obtain or
provide additional reports and data as required, and furnish to Consultant
services of others required for the performance of Consultant's services
hereunder, and Consultant shall be entitled to use and rely upon all such
information and services provided by City or others in performing Consultant's
services under this Agreement.
4.3 Arrange for access to and make all provisions for Consultant to enter upon public
and private property as required for Co~tsultant to perform services hereunder.
4.4 Perform such other functions as are indicated in each Task Order related to duties
of City.
4.5 Bear all costs incident to compliance with the requirements of this Section.
ARTICLE 5 -STANDARD OF CARE
5.1 Consultant shall exercise the same degrE~e of care, skill, and diligence in the
performance of the Services as is ordinarily provided by a professional
Consultant under similar circumstance rind Consultant shall, at no cost to City,
re-perform services which fail to satisfy the foregoing standard of care.
ARTICLE 7 -SUBCONTRACTING
7.1 No subcontract shall be awarded by Co~isultant until prior written approval is
obtained from the City.
ARTICLE 8 -CONSULTANT-ASSIGNED PE]ZSONNEL
8.1 Consultant shall designate in writing an individual to have immediate
responsibility for the performance of the services and for all matters relating to
performance under this Agreement. Key personnel to be assigned by Consultant
will be stipulated in each Task Order. Substitution of any assigned person shall
require the prior written approval of thE~ City, which shall not be unreasonably
withheld. If the City determines that a proposed substitution is not responsible
or qualified to perform the services them, at the request of the City, Consultant
shall substitute a qualified and responsible person.
ARTICLE 9 -OWNERSHIP OF DOCUMENTS
9.1 All work products, drawings, data, reports, files, estimate and other such
information and materials (except proprietary computer programs, including
source codes purchased or developed with Consultant monies) as may be
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accumulated by Consultant to completE~ services under this Agreement shall be
owned by the City.
9.2 Consultant shall retain custody of all project data and documents other
than deliverables specified in each Tasl: Order, but shall make access
thereto available to the City at all reasonable times the City may request.
City may make and retain copies for information and reference.
9.3 All deliverables and other information prepared by Consultant pursuant to this
Agreement are instruments of service iri respect to this project. They are not
intended or represented to be suitable fir reuse by City or others on extensions
of this Projector on any other project. flny reuse without written verification or
adaptation by Engineer for the specific :purpose intended will be at City's sole
risk and without liability or legal exposure to Consultant; and City shall
indemnify and hold harmless Consulta~lt against all claims, damages, losses, and
expenses. including attorney's fees arising out of or resulting from such reuse.
Any such verification or adaptation will entitle Consultant to further
compensation at rates to be agreed upo~1 by City and Consultant.
ARTICLE 10 -RECORDS OF LABOR AND COSTS
10.1 Consultant shall maintain for all Task C-rders, records of labor and costs used in
claims for compensation under this Agreement. Records shall mean a
contemporaneous record of time for personnel;.a methodology and calculation
of the Multiplier for fringe benefits and indirect costs; and invoices, time sheets,
or other factors used as a basis for determining other nonlabor Project charges.
These records must be made available t~ the City upon reasonable notice of no
more than 48 hours during the period of the performance of this Agreement.
10.2 After delivery of. Services (completion of Task-Orders) under this Agreement,
the Consultant's records of all costs used in claim's for compensation under this
Agreement shall .be available to City's z~ccountants and auditors for inspection
and verification. These records will be maintained by Consultant and made
reasonably accessible to the City for a period of three (3) years after completion
of Task Orders under this Agreement.
10.3 Consultant agrees to cooperate and pro~~ide any and all information concerning
the Project costs which are a factor in dE~termining compensation under this
Agreement as requested by the City or piny public agency which has any part in
providing financing for, or authority over, the Services which are provided
under the Agreement.
10.4 Failure to provide documentation or substantiation of all Project costs used as a
factor in compensation paid under Article 2 hereof will be grounds for City to
refuse payment of any statement submitted by the Consultant and for a back
charge for any City funds, including interest from payment; or grant, matching
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or other funds from agencies assisting ~~ity in financing the Services specified in
this Agreement.
ARTICLE II -INSURANCE
Consultant shall provide and maintain at all times during the performance of the
Agreement the following insurances:
11.1 Workers' Compensation and Employer's Liability Insurance for protection of
Consultant's employees as required by :law and as will protect Consultant from
loss or damage because of personal injuries, including death, to any of his
employees.
11.2 Comprehensive Automobile Liability Insurance. Consultant agrees to carry a
Comprehensive Automobile Liability P~~licy providing bodily injury liability.
This policy shall protect Consultant against all liability arising out of the use of
owned or leased automobiles both passenger and commercial. Automobiles,
trucks, and other vehicles and equipment (owned, not owned, or hired, licensed
or unlicensed for road use) shall be covered under this policy. Limits of liability
for Comprehensive Automobile Liability Insurance shall not be less than
$1,000,000 Combined Single Limit.
11.3 Comprehensive General Liability. Insurance as will protect Consultant and City
from any and all claims for damages or personal injuries, including death, which
may be suffered by persons, or for damages to or destruction to the property of
others, which may arise from the Consultant's operations under this Agreement,
which insurance shall name the City as additional insured. Said insurance shall
provide a minimum of $1,000,000 Combined Single Limit coverage for personal
injury, bodily injury, and property damage for each occurrence arid aggregate.
Such insurance will insure Consultant and City from any and all claims arising
from the following:
1. Personal injury;
2. Bodily injury;
3. Property damage;
4. Broad form property damage;
5. Independent contractors;
6. Blanket contractual liability.
11.4 Consultant shall maintain a policy of professional liability insurance, protecting
it against claims arising out of negligent: acts, errors, or omissions of Consultant
pursuant to this Agreement, in an amount of not less than $1,000,000. The said
policy shall cover the indemnity provisions under this Agreement.
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11.5 Consultant agrees to maintain such insurance at Consultant's expense in full
force and effect in a company or companies satisfactory to the City. All coverage
shall remain in effect until completion of the Project.
11.6 Consultant will furnish the City with cE~rtificates of insurance issued by
Consultant's insurance carrier and cowltersigned by an authorized agent or
representative of the insurance company. The certificates shall show that the
insurance will not be cancelled, altered, or reduced without at least thirty (30)
days' prior written notice to the City. 7'he certificates for liability insurance will
show that liability assumed under this Agreement is included.
ARTICLE 12 -LIABILITY AND INDEMNIFICATION
12.1 Having considered the risks and potential liabilities that may exist during the
performance of the Services; and in consideration of the promises included
herein, City and Consultant agree to allocate such liabilities in accordance with
this Article 12. Words and phrases used in this Article shall be interpreted in
accordance with customary insurance nldustry usage and practice.
12.2 Consultant shall indemnify and save harmless and defend the City and all of
their agents, officers, and employees from and against all claims, demand, or
cause of action of every name and nature arising out of negligent error,
omission, or act of Consultant, its agents, servants, or employees in the
performance of its services under this Agreement.
12.3 In the event an action for damages is filed in which negligence is alleged on the
part of City and Consultant, Consultant agrees to defend City. In the event Ciiy
accepts Consultant's defense, City agrees to indemnify and reimburse
Consultant on a pro rata basis for all ex~~enses of defense and any judgment or
amount paid by Consultant in resolution of such claim. Such pro rata share shall
be based upon a final judicial determin~ition of negligence or, in the absence of
such determination, by mutual agreemcnt.
12.4 Consultant shall indemnify City against: legal liability for damages arising out of
claims by Consultant's employees. City shall indemnify Consultant against legal
liability for damages arising out of claims by City's employees.
12.5 Indemnity provisions will be incorporai:ed into all Project contractual
arrangements entered into by City and will protect City and Consultant to the
same extent.
12.6 Upon completion of all services, obligations and duties provided for in the
Agreement, or in the event of terminati~~n of this Agreement for any reason, the
terms and conditions of this Article shall survive.
12.7 To the maximum extent permitted by law, Consultant's liability for City's
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damage will not exceed the aggregate ~~ompensation received by Consultant
under this Agreement or the maximum amount of professional liability
insurance required by this Agreement, which ever is greater.
ARTICLE 13 -INDEPENDENT CONTRACTOR
Consultant undertakes performance of the Sep°vices as an independent contractor and
shall be wholly responsible for the methods of performance. City will have no right to
supervise the methods used, but City will have right to observe such performance.
Consultant shall work closely with City in performing Services under this Agreement.
ARTICLE 14 -COMPLIANCE WITH LAWS
In performance of the Services, Consultant will comply with applicable regulatory
requirements including federal, state, and loc~il laws, rules, regulations, orders, codes,
criteria and standards. Consultant shall procure the permits, certificates, and licenses
necessary to allow Consultant to perform the
Services. Consultant shall not be responsible i=or procuring permits, certificates, and
licenses required for any construction unless such responsibilities are specifically
assigned to Consultant in Task Order.
ARTICLE 15 -NONDISCLOSURE OF PROPRIETARY INFORMATION
Consultant shall consider all information provided by City and all drawings, reports,
studies, design calculations, specifications, anti other documents resulting from the
Consultant's performance of the Services to be proprietary unless such information is
available from public sources. Consultant shall not publish or disclose proprietary
information for any purpose other than the performance of the Services without the
prior Written authorization of City or in response to legal process.
ARTICLE 16 -TERMINATION OF CONTRACT
16.1 The obligation to continue Services under this Agreement may be terminated by
either party upon seven days written notice in the event of substantial failure by
the other party to perform in accordana~ with the terms hereof through no fault
of the terminating party.
16.2 City shall have the right to terminate this Agreement or suspend performance
thereof for City's convenience upon written notice to Consultant, and Consultant
shall terminate or suspend performance of Services on a schedule acceptable to
City. If this agreement is suspended or terminated for fault of Consultant, City
shall be obligated to compensate Consultant only for that portion of Consultant's
services which are of benefit to City. In the event of termination of suspension
for City's convenience, City will pay Consultant for all services performed and
costs incurred including termination or suspension expenses. Upon restart of a
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suspended project, equitable adjustment shall be made to Consultant's
compensation.
16.3 Upon such suspension or termination, (consultant shall turn over to the City
Manager immediately any and all copiE~s of studies, sketches, drawings,
computations, and other data, whether or not completed, prepared by
Consultant or its subcontractors, if any, or given to Consultant or its
subcontractors, if any, in connection with this agreement. Such materials shall
become the permanent property of City. Consultant, 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.
16.4 Consultant shall furnish City with every reasonable opportunity for City to
ascertain that the services of Consultant: are being performed in accordance with
the requirements and intentions of this agreement. All work done and all
materials furnished, if any, shall be subjiect to the Project Manager's inspection
and approval. The inspection of such ti~ork shall not relieve Consultant of any of
its obligations to fulfill its agreement as prescribed.
16.5 Failure of City to agree with Consultant's 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 Consultant to meet the requirements of this agreement.
ARTICLE 17 -UNCONTROLLABLE FORCES
17.1 Neither City nor Consultant shall be co~isidered to be in default of this
Agreement if delays in or failure of performance shall be due to uncontrollable
forces, the effect of which, by the exercise of reasonable diligence, the
nonperforming party could not avoid. The term "uncontrollable forces" shall
mean any event which results in the prevention or delay of performance by a
party of its obligations under this Agreement and which is beyond the control of
the nonperforming party. It includes, taut is not limited to, fire, flood,
earthquake, storms, lightening, epidemic, war, riot, civil disturbance, sabotage,
inability to procure permits, licenses, or authorizations from any state, local, or
federal agency or person for any of the supplies, materials, accesses, or services
required to be provided by either City or Consultant under this Agreement,
strikes, work slowdowns or other labor disturbances, and judicial restraint.
17.2 Neither party shall, however, be excuse~~ from performance if nonperformance is
due to uncontrollable forces which are removable or remediable, and which the
nonperforming party could have, with the exercise of reasonable diligence,
removed or remedied with reasonable dispatch. The provisions of this Article
shall not be interpreted or construed to require Consultant or City to prevent,
settle, or otherwise avoid a strike, work slowdown, or other labor action. The
nonperforming party shall, within a reasonable time of being prevented or
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delayed from performance by an uncontrollable force, give written notice to the
other party describing the circumstances and uncontrollable forces preventing
continued performance of the obligatio~ls of this Agreement. The Consultant
will be allowed reasonable negotiated extension of time or adjustments for City
initiated temporary stoppage of services.
ARTICLE 18 -MISCELLANEOUS
18.1 A waiver by either City or Consultant of any breach of this Agreement shall not
be binding upon the waiving party unlE~ss such waiver is in writing. In the event
of a written waiver, such a waiver shall not affect the waiving party's rights with
respect to any other or further breach.
18.2 The invalidity, illegality, or unenforceal~ility of any provision of this Agreement,
or the occurrence of any event rendering any portion or provision of this
Agreement void, shall in no way effect -the validity or enforceability of any other
portion or provision of the Agreement. Any void provision shall be deemed
severed from the Agreement and the balance of the Agreement shall be
construed and enforced as if the Agreement did not contain the particular
portion or provision held to be void.
ARTICLE 19 -INTEGRATION AND MODIFI~: ATION
19.1 This Agreement (consistnz~of pa eg s 1 to 16 includng Attachment A), together
with all Task Orders executed by the undersigned, is adopted by City and
Consultant as a complete and exclusive statement of the terms of the Agreement
between City and Consultant. This Agreement supersedes all prior agreements;
contracts, proposals, representations, nE~gotiations, letters, or other
communications between the City and Consultant pertaining to the Services,
whether written or oral.
19.2 The Agreement may not be modified unless such modifications are evidenced in
writing signed by both City and Consultant.
ARTICLE 20-SUCCESSORS AND ASSIGNS
20.1 City and Consultant each binds itself and its directors, officers, partners,
successors, executors, administrators; assigns and legal representatives to the
other party to this Agreement and to th.e partners, successors, executors,
administrators, assigns, and legal representatives of such other party, in respect
to all covenants, agreements, and oblig;~tions of this Agreement.
20.2 Neither City nor Consultant shall assign, sublet, or transfer any rights under or
interest in (including, but without limitation, monies that may become due or
monies that are due) this Agreement without the written consent of the other,
except to the extent that the effect of this limitation may be restricted by law.
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Unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty
or responsibility under this Agreement. Nothing contained in this paragraph
shall prevent Consultant from employvlg such independent consultants,
associates, and subcontractors as he may deem appropriate to assist him/her in
the performance of the Services hereun~~er and in accordance with Article 7.
20.3 Nothing herein shall be construed to give any rights or benefits to anyone other
than City and Consultant.
ARTICLE 21- EXECUTION
IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as
of the day and year first above written.
CITY OF CUPERTINO
By
Date: ~~ ` u ~ ~-~
(CONSULTANT)
By: ,~.e ~
Tine`. r ~'1 /~.e.~`pi
Date: GEC ~~ ri ~ ~'~ i"
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CHARLES T. KILIAN
TASK ORDER NO.
to
AGREEMENT BETWEEN
CITY OF CUI'ERTINO
AND
FEHR & PEERS ASSOCIATES, INC.
FOR
PROFESSIONAL. SERVICES
Dated October 10, 2002
1. PURPOSE - A Traffic Impact. Circulation and Parking Analysis for the Extended
Stay America project on 10745 N. De A.nza Boulevard
2. PROTECT 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 Man~~ger, and shall supervise the progress
and execution of this agreement.
3. SCOPE OF SERVICES & DUTIES OF CONSULTANT.
(a) Services to be Furnished. Consultant shall provide all specified services as
set forth in Exhibit A Scope of Work.
(b) Laws to be Observed. Consultant 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 bc~ performed by Consultant under this
agreement;
2. Keep itself fully informed of all existing 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
Consultant'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 sai~1 laws, ordinances, regulations, orders,
and decrees mentioned above ixi 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, Consultant or its
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subcontractors, if any, under this ,agreement shall be the property of City
and shall not be made available to any individual or organization by
Consultant or its subcontractors, if any, without the prior written approval
of the City Manager.
(d) If City requests additional copies of reports, drawings, specifications or any
other material which Consultant is required to furnish in limited quantities
as part of the services under this agreement, Consultant shall provide such
additional copies as are requested and City shall compensate Consultant
for the costs of duplicating of such copies at Consultant's cost.
(e) Consultant shall provide City witYi one electronic copy, one photocopy-
ready original, and seven (7) 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, m~~ps, graphs and photographs to clarify
and summarize the information..All photographic information should be
scanned images and/or digital images.
IN WITNESS WHEREOF, the parties hereto have made and executed this Task
Order No. as of October 10, 2002 herewith incorporate it as part of the
Agreement.
CITY OF CUPERTINO
By
Date: ~~` ~ - ~ Z---
CHARLES T. KILIAN
(CONSULTANT)
...--
By:
e: ~'~`~j~ G~,F~~
Date: _ ~~~ ~/ ~, Z-D~)L
LEGAL COUNSEL
j ,~~
By:
Legal ounsel
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AttachmE~nt A
SCOPE OF WORK
Transportation Impact Analysis for
Proposed Cupertino Extended Stay America
The proposed project is the development of ;~ 120-room Extended Stay America hotel
on De Anza Boulevard just south of I-280, iri Cupertino, California. A transportation
impact analysis, as required by the City of Cupertino, will be conducted to evaluate the
impacts of the proposed development project on the transportation system in the
vicinity of the site and to recommend mitigati~~n measures, if needed.
The traffic impacts of the development will be evaluated following guidelines of the
City of Cupertino. The following intersections will be included in the analysis:
1. De Anza Boulevard/Homestead Road.
2. De Anza Boulevard/I-280 Northbound Ramps.
3. De Anza Boulevard/I-280 Southbound Ramps.
4. De Anza Boulevard/Valley Green Drive.
5. De Anza Boulevard/ Mariam Avenue.
6. De Anza Boulevard/Lazaneo Drive.
7. De Anza Boulevard/Stevens Creek Boulevard.
8. Stevens Creek Boulevard/Bandley Drive.
It should be noted that the proposed project is expected to generate less than 100 peak-
hour trips. Therefore a CMP analysis, evaluating freeway segments and Expected
Growth Conditions, is not needed and will :not be included as part of this scope of
work.
The operations of the study key intersections will be evaluated during the morning
(AM) and evening (PM) peak hours. These intersections will be evaluated for the
following scenarios:
Scenario 1: Existing Conditions -Existing volumes obtained from counts.
Scenario 2: Background Conditions -Existing volumes plus traffic from approved but
not yet constructed and occupie~3 developments in the area.
Scenario 3: Project Conditions - Backgrounc( volumes plus traffic generated by the
proposed hotel.
The tasks to be conducted in the analysis are:
Task 1-Prepare Trip Estimates and Finalize Scope of Work with City of Cupertino
The amount of traffic generated by the proposed project and the previous land use will
be estimated using standard Institute of Transportation Engineers (ITE) trip generation
rates.
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The directions trips use to approach and de~~art from the site will be estimated based
on existing travel patterns and relative locati~~ns of complementary land uses. The net
new site-generated traffic (trip generation credit will be given for the Santa Barbara
Grill, the previous land use located on the project site) will be assigned to the roadway
system based on the directions of approach and departure discussed above and the
location of the site driveway.
The trip generation estimates, distribution pattern, and trip assignments will be
submitted to City of Cupertino staff for review and approval. We will also request
pertinent background data (available intersection counts and a list of approved and
pending projects near the study site). Our scope of work will be refined or expanded to
address issues raised by city staff.
Task 2 -Collect Data/Existing Conditions
The physical characteristics of the site and the surrounding transportation network will
be reviewed during a site visit to identify exi;~ting roadway cross-sections, intersection
lane configurations, traffic control devices, surrounding land uses, and the locations of
pedestrian, bicycle, and transit facilities.
Available counts for the local intersections wi].1 be obtained from city staff and previous
traffic studies. The counts used will be year ~ 000. No new counts will be conducted as
part of the analysis.
The existing operations of the key intersections will be evaluated for the AM and PM
peak hours with the level of service method adopted by the City of Cupertino using the
TRAFFIX level of service analysis software. T]Ze operations of the key intersections will
also be observed.
Task 3 -Evaluate Background Conditions
Future traffic volumes from approved (but not yet constructed and occupied)
developments, to be provided by city staff, will be estimated and assigned to the
roadway network. The trips generated by thE~ Santa Barbara Grill, determined in Task
1, will be added to the approved development trips and existing roadway volumes to
form Background Conditions traffic volumes. Level of service calculations will be
conducted to evaluate intersection operations under Background Conditions.
Task 4 -Evaluate Project Conditions
The project trip generation estimates, distribution pattern, and assignments developed
in Task 1 will be refined to respond to comments received from city staff. The project
trips will be added to the background traffic volumes to represent Project Conditions.
Intersection level of service calculations will be conducted to estimate the operating
levels of the study intersections during the AT/I and PM peak hours after completion of
the proposed project.
A queuing analysis will be conducted for any left-turn movement where the proposed
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project is expected to add ten or more peak-hour trips.
Task 5 -Identify Significant Impacts and Recommend Mitigation Measures
The impacts of the proposed development on the surrounding roadway system will be
identified by comparing the results of the level of service calculations for Background
Conditions to the results for Project Conditi~~ns. If significant impacts are identified,
feasible mitigation measures will be recommended. Measures could include physical
improvements, such as adding lanes to intersections and installing traffic signals, or
methods to modify the traffic demand of the project, such as reducing the size of the
projector instituting Transportation Demand Management (TDM) measures.
Task 6 -Assess Site Access, On-Site Circulation, and Parking
The site plan for the project will be reviewed to assess the operation of the site
driveway and the internal circulation system within the parking area. This assessment
will include a detailed review of the geometxics to ensure that vehicles can maneuver
within the site. The proposed parking s~zpply will be compared to city code
requirements to determine whether it is adequate.
Task 7 -Assess Neighborhood Intrusion
The amount of project traffic likely to int~•ude into the nearby residential streets
(Stelling Road, Greenleaf Drive, Beardon Drive and Valley Green Drive) will be
estimated. Mitigation measures to minimize project impacts will be addressed.
Task 8 -Prepare Documentation
The results of the analysis will be documEnted in a report following the City of
Cupertino guidelines. The draft report will lie submitted to city staff for review and
comment. Review comments will be incorporated into the final report and seven (7)
copies will be submitted to city staff. Our fee estimate includes six staff hours to
respond to city staff comments. Responding to comments requiring additional
technical analysis will be conducted as an additional service.
Additional Services
The scope of services has been tailored to meet the requirements of the City of
Cupertino. There may be some additional services needed during the course of the
analysis. These would include preparing conceptual designs of proposed mitigation
measures, conducting traffic counts, analyzing additional intersections, evaluating
revised project descriptions, revising the project trip assignment to minimize project
impacts, conducting detailed traffic operational analyses (such as micro-simulation
analysis), conducting a CMP analysis, and attending meetings or public hearings.
Additional services will only be conducted upon our receipt of written authorization.
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~~
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, (~A 95014
(408) 77'7-3200
No. .~a ~a
BY THIS AGREEMENT, made and entered into on the 24th day of June , 20 02 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) Fehr & Peers _ (2)
Address 255 N. Market St. , Ste. 200 City San Jose, CA Zip 95110 Phone (408) 278-1700
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A (Proposal)
TERMS: The services and/or materials furnished under this Agreement shall commence on July 1, 2002
and shall be completed before December 31, 2002
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Amount not to exceed $15,800.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in
excess of $1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless: Contractor agrees to save and hold harmless the Ci!:y, its officers, agents and employees from any and all damage and
liability, 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.
due to negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r 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 Ag~eement is not a contract of employment in the sense that the
relationship of master and servant exists between City and undersigned. At afl 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 Ciry. 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:
NAME
DEPARTMENT
This Agreement shall become effective upon its execution by I;,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
By C~. _ ~ u~;
I c: a +' t)
APPROVALS
CITY OF CUPERTINO:
3 ~~ ~ C~ .
Ey
l~itle Director of Public Works
~+ /~~/
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
of to ex
CITY C RK DATE
7- 3 -Cj 2-
~ o ?~
00
White: City Clerk Green: Finance Yellow: Contractor Pi k: Receiving Gold: Department
Sent By: Fehr & Peers Associates; 408 278 1717;
A'PTAC~HMENT A
SCUPS iUr' WOfiK
Jun-18-02 9:32AM; Page 2
Transportation Impact Analysis for
Proposed Cupertino Library Expansion
The purpose of the transportation impact analysis (T1A) is to evaluate the impacts of the expansion
of the library from 37,000 s.f: to 53,400 s.f and construction of a 6,004-s. f. community hall building
at the Cupertino Civic Center on the surrounding transportation system and to assess parking, site
access, and on-site circulation. The off-site impacts will be evaluated following the guidelines of the
City ~f Cupertino and the Santa Clara Valley Transportation Authority (VTA), the congestion
management agency of Santa Clara County. The focus of the off-site analysis will be the key
intersections and freeway segments on the road~~vay systcun.
The project's off-site impacts will be evaluated during the morning (AM) and evening (PM) peak
hours at the following eleven intersections:
• De Anna Boulevard and Stevens Creek Boulevard*
~ De Anna Boulevazd and Rodrigues Avenue
• De Anna Boulevazd and McClellan Road
+ De Anna Boulevard and Bollinger Road
+ Stevens Creek 13oulevarci and Torre Avenue
• Stevens Creek Boulevard and Blaney Avenue
• Rodrigues Avenue and Torre Avenue
• Paci~ea Drive and Torre Avenue
Rodrigues Avenue and Blaney A.venuc
• Pacifica Drive and Blaney Aven~ze
• Bollinger Road and Blaney Avenue
CMP-designated intersections arc denot~:d with an asterisk (*)
The key intersections will be evaluated for the following scenarios:
Scenario l : Existing Conditions -Existing volumes obtained from counts.
Scenario 2: Background Conditions - )existing volumes plus traffic from approved but not
yet constructed developments in the area.
Scenario 3: Project Conditions -Background volumes plus traffic generated by the
proposed library expansion and community hall building.
Scenario 4: Expected Growth Conditions -Existing volumes increased by an annual
growth factor of 1.2 percent per year to the projected opening date plus
Sent By: Fehr & Peers Associates; 408 278 1717; Jun-18-02 9:33AM; Page 3
project traffic. This an;~lysis scenario is required by the Congestion
Management Agency.
The tasks to be conducted in~the analysis are:
Task 1-Evaluate Existing:Cvndltlons
This task assumes that the existing conditions wi Il he taken from the Town Center Phase 1 traffic
analysis. No new traffic counts will be conduet~:d.
Task 2 - Evaluate Background Conditions
Futwe traffic volumes from approved (but not yet constructed) developments (to be provided by city
staff} will be added to the existing volumes to obtain traffic volumes for Background Conditions.
Level of service calculations will be performed to evaluate intersection operations under Background
Conditions. '
Task 3 -Evaluate Project Conditions
The amount of traffic generated by the proposed ;project will be estimated based on rates published in
the institute of Transportation Engineers' Trip (veneration.
The directions of approach and departure for the project traffic will be forecast based on existing
travel patterns and locations of complementar~i Land uses. The project-generated traffic will be
assigned to the roadway network based on the estimated distribution pattern.
The project traffic will be added to the background traffic volumes. Intersection level of service
calculations will be conducted to estimate the op~~ating levels of the key intersections during floe AM
and PM peak hours after coinpletfon of the proposed project. A freeway segment analysis will be
conducted to determine whether the amount of project traffic added to T-280 and SR 85 would be
sufficient to cause a significant impact.
Trick 4 ~ Identify $lgniflcant Impacts and Identify Nlltigation Measures, if Needed
1'he impacts ofthe proposed;libraryexpansion otithe surrounding roadway system wi 11 be identified
by comparing the results of the level of service calculations for Background Conditions to the results
far Project Conditions.
Task 5 -Evaluate Expected Growth Conditions
Existing traffic volumes will be increased with a 1.2 percent growth rate from the date of the counts
to the projected project opening date. Traffic from the proposed project will be added to estimate
volumes for Expected Cnowth Conditions. Level of service calculations will be conducted to
Sent By: Fehr & Peers Associates; 408 278 1717; Jun-18-02 9:33AM; Page 4/8
evaluate the operations of the key intersections. This analysis scenario is required by the VTA.
'task 6 -- Assess Site Access; On-Site Circulation, and Parking
The site plan for the project v~rill be reviewed to assess the operations of the site driveway(s) and the
internal circulation system within the project site;. This assessment will include a detailed review of
the geometries to ensure that vehicles caa maneuver within the site. The proposed parking supply
wi 11 he evaluated to determine whether it will be adequate. The library parking is currently and will
continua to be shared with City Hall. The parkuig analysis will include parking demand from City
Hall. Parking occupancy surveys will be conducted at the existing library from 10:00am to 6:OOpm
on a weekday and on a Saturday. The parking demand for the library will be estimated based on the
current demand at the existing library and projected increase in use_ The peak demand will be
compared to the parking supply.
Task 7 -Assess Neighborhood Issues
;The amount of project traffic likely to intrude into the nearby residential neighborhoods will be
estimated. Traffic calming measures to minimize project impacts will ba addressed.
Task $ - Preps~re Dacamentation
The results of the study wi Il be documented in a •written report. The draft report will be submitted to
the city for review and comment. Comments will be incorporated into a final report. A budget
amendment will he needed if significant comme~lts are received or iiFadditional technical analysis is
needed.
Taxk 9 -Attend Meeting •
The fee estimate includes attendance at one stal:f level meeting. Attendance at any public hearing
will be conducted as an additional service.
Additional Services
The scope of work has beezt tailored to meet the specific requirements of this project. However,
during the course of the study, additional services may be required. The additional services that are
beyond the scope of this study include, but are not limited to, preparing wnceptual designs of
proposed mitigation measures, conducting lral~ic counts, analyzing additional intersections or time
periods, evaluatitag revised :project dcscription:~, conducting detailed traffic operational analyses
(such asmicro-simulation analysis orleft-turn p+xket storage analysis), and attending more than one
meeting and/or anypublic hearings. Additional servitces will only be conducted with prior approval.
Sent By: Fehr ~ Peers Associates; 408 278 1717;
ATTAC:FINIENT B
DETAILED FEE ESTIMATE
Jun-18-02 9:33AM; Page 5/6
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I Existing Conditions 0 0 2 0 50 $191)
2 Background Cond+'tiona 0 2 b 2 $U $950
3 Prnjcw:t Conditions 0 2 6 U SO 5820
4 Impacts 0 2 b 0 $IUO 5920
5 Expcctcd Growth Conditions u 2 ti 0 $0 5820
6 Site Access, On-site Circulation, Parking 2 8 12 4 $2,500 $5,250
7 Netghlwrhood Issues 2 6 4 0 $0 $1,4tiu
It DOCUR]CptatlU~
Draft Report 2 8 16 8 $I00 53,490
Rna7xmd to Ciry Commcnta/Finnl Report 2 2 4 2 $200 S 1.310
9 Meeting 0 4 0 U S7S 5575
Total 8 36 62 I6 S2,9T5 515,805
Sent By: Fehr & Peers Associates; 408 278 1717; Jun-18-02 9:34AM;
~I IRS PEETZS A554CIATES INC.
Transportation Consultants
r
A.TTAC1fMENT C
FEHR & PEERS ASSOCIATF..S, INC.
H+~uriy Billing Rates
Classiflcatian
Hourly Rate
Senior Principal $175.00 - $185.00
Principal $135.00 - $175.00
Senior Associate $135.00 - $I7U.00
Associate $120.00 - $145.00
Senior Engineer/Planner $80.00 - $130.00
Engineer/Plaruier $75.00 - $100.00
Senior Technical Support $65.00 - $95.00
Administrative Support $45.00 - $78.00
Technician $50.00 - $85.00
Intern $45.00 - $60.00
Nate:
Reimbursable expenses are invoiced at cost plus 10% for handling including the following:
Reproduction work at $.07 per sheet
Plotter /Computer use ai; $10 per hour
Persdnal auto mileage at $.365 per mile
Communication Expensf, (Telephone, fax, E-mail, etc.)
e;~`~ctiva 1/zh/O2
Page 6/6