Loading...
07-015, Fehr & Peers Associates, Inc. AGREEMENT gyr\-~ ~l, 07 -0/ S- CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 r-r-A a6 408-777-3200 NO.~ ->...\ -,-/ BY THIS AGREEMENT, made and entered into this 29th day of January, 2007. by and betwe~rn tft~ ?'F CUPERTINO (Hereinafter referr d to as ITY) and 1>("'.1) Name (1) Fehr & Peers .,. ev <l.- . (2) ~I<..-. Address: 160 West Santa Clara Street. Suite 675 City: San Jose Zip: 951130 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: Proposal to Prepare a Transportation Impact Analysis (TIA) for the Villa Serra Expansion in Cupertino, Califonia. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Fehr & Peers scope of work proposal (Attached) TERMS: The services and/or materials furnished under this Agreement shall commence on January 31.2007 and shall be completed before May 1. 2007 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Shall not exceed $20,400.00. . ./[j ENTERED GENERAL TERMS AND CONDITIONS Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion or sex of such person. Interest of Contractor. It is understood and agreed that this Agreement is not a contract of employment in the sense that the relationship of master and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of City. Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are authorized without the written consent of the City. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME David Stillman DEPARTMENT Public Works Department This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONTRACTOR: ~ By: y. '. ~~. 0 ~, It~'h.d Title: ~ J uL"L 08 -oO(o~54D CITY OF CUPERTINO: By: David Stillman Title: Senior Civil EnQineer EXPENDITURE DISTRIBUTION 110-2211 $20,400.00 11> FEHR & PEERS TRANSPORTATION CONSULTANTS RECEiVED JAN In "I"W'7 OJ lU..) i PUBLIC WORKS DEPARTi/;:':i\IT January 10, 2007 Mr. Glenn Goepfert Assistant Director of Public Works City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal to Prepare a Transportation Impact Analysis (TlA) for the Villa Serra Expansion in Cupertino, California P61377-SJ Dear Mr. Goepfert: Fehr & Peers is pleased to submit this proposal to conduct a transportation impact analysis (TIA) for the expansion of Villa Serra Apartments located in Cupertino, California. The purpose of the TIA is to identify any potentially significant adverse impacts of the proposed development on the surrounding transportation system and recommend mitigation measures, if needed. The fixed-fee cost to conduct the TIA as described in the Scope of Work (Attachment A) is $20,400, of which $2,700 is for new traffic counts. Attendance at one project-level meeting is included in this proposal. This fee estimate includes all professional and support staff time, as well as direct expenses. The fee estimate may be adjusted based upon the final scope of work approved by the City of Cupertino. Additional services will be conducted upon authorization and billed on a time-and-materials basis according to the attached rate schedule shown on Attachment B. Invoices will be submitted monthly and are due upon receipt. The terms of this proposal are valid for a period of 90 days. We estimate that we can complete the proposed scope of work and submit a draft report within six weeks of receipt of authorization to proceed, traffic counts, and background and cumulative traffic data from City staff. If you have any questions, please feel free to contact us. To proceed, please sign and return a copy of this letter to acknowledge its terms and conditions (Attachment C) and authorize us to proceed with the proposed analysis. We look forward to working with you on this project. Sincerely, Accepted By: FEHR & PEERS ;jOJv~L-;:J~r-X David Davenport Transpo. rtati.o. n Plann.. J/ ----r-.. (7 / 6f /J Y i'J'?t,{v ) /;C2 . D. Sohrab Rashid, P.E. . Principal City of Cupertino . ~/ 6~-- ...-;:r)~ ........-z~ . . ~/~,.<< ~.-~ Slgnature:~,??-'~" . .// Printed Name: yA i/ Ii) Date: 1/)1 !();r- 'S7 -I L. <.-!vv1 iv' Attachments 160 West Santa Clara Street, Suite 675 San Jose, CA 95113 (408) 278-1700 Fax (408) 278-1717 www.fehrandpeers.com 11> F [ J-I R. & P [E RS TRANSPORTATION CONSULTANTS Attachment A Scope of Work: Villa Serra Expansion Transportation Impact Analysis The purpose of this transportation impact analysis (TIA) is to evaluate the impacts of the proposed expansion of Villa Serra Apartments on the surrounding transportation system. The proposed project includes adding 117 new units to 388 existing units. The project is located at Homestead Road and Franco Court in the City of Cupertino, California. The impacts of the development will be evaluated following guidelines set forth by the City of Cupertino and the Santa Clara Valley Transportation Authority (VT A), the congestion management agency for Santa Clara County. This proposal includes the evaluation of four intersections. The study intersections include: 1. Homestead Road and Stelling Road/Hollenback Avenue 2. Homestead Road and Franco Court 3. Homestead Road and De Anza Boulevard (CMP-designated intersection) 4. Stevens Creek Boulevard and Stelling Road The study intersections will be evaluated during the weekday AM and PM peak hours 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 developments in the area. Scenario 3: Project Conditions - Background volumes plus traffic generated by the proposed development. Scenario 4: Cumulative No Project Conditions - Existing peak-hour volumes plus growth through the proposed project's projected opening date, plus traffic from approved and pending projects. Cumulative Plus Project Conditions - Cumulative No Project volumes plus traffic generated by the proposed project. Project impacts on transit, bicycle, and pedestrian facilities will be addressed. The tasks that we propose to undertake to conduct this analysis are: Scenario 5: Task 1 - Establish Trip Generation Estimates and Finalize Scope of Work The amount of traffic generated by the proposed 117 new units will be estimated using trip generation rates published by the Institute of Transportation Engineers (ITE) in Trip Generation (7th Edition). The trip rates will be determined using the entire site size and subtracting out the existing units based on that same rate. The direction trips use to approach and depart from the site will be estimated using existing travel patterns, previous traffic studies for similar projects, and the relative location of complementary land uses. The site-generated traffic will be assigned to the roadway system based on the directions of approach and departure discussed above. 11> FE H R & PEE RS TRANSPORTATION CONSULTANTS Our proposed scope of work and the trip generation estimates, distribution pattern, and trip assignments will be submitted to City staff for review and approval. We will request pertinent background data, such as available intersection counts and traffic reports for other developments in the area, and an updated list of approved (but not yet constructed) and pending developments. Task 2 - Collect Data and Evaluate Existing Conditions The physical characteristics of the site and the surrounding roadway network will be reviewed during a site visit to identify existing roadway cross-sections, intersection lane configurations, traffic control devices, surrounding land uses, and the locations of pedestrian, bicycle, and transit facilities. Existing intersection operations will be observed. This proposal includes conducting flew counts at up to 3 of the study intersections during the AM and PM peak periods. Existing intersection operations will be evaluated with level of service calculations using the TRAFFIX software package. Task 3 - Evaluate Background Conditions A list of approved developments will be obtained from City staff as noted in Task 1. Projected traffic volumes from approved developments will be obtained from previous reports or estimated using standard engineering practice. The projected volumes will be added to the existing volumes to obtain background traffic volumes. Planned and funded intersection improvements will be incorporated into this scenario. Background intersection operations will be evaluated with level of service calculations. Task 4 - Evaluate Project Conditions The project trip assignment developed in Task 1 will be added to the background traffic volumes developed in Task 3 to represent Project Conditions. Project intersection operations will be evaluated with level of service calculations. The amount of traffic added to the key freeway segments will be evaluated to determine if a detailed freeway level of service analysis must be completed. Levels of service will be calculated per VTA guidelines for segments where the project adds more than one percent of the freeway segment's capacity. Task 5 - Evaluate Cumulative Conditions Cumulative No Project volumes will be estimated by expanding existing peak-hour traffic volumes with a growth factor (applied annually until the expected occupation of the project) and including traffic from approved and pending projects. The growth factor will be determined using the VTA travel demand forecasting model. Planned and funded intersection improvements will be incorporated into this scenario. Cumulative No Project intersection operations will be evaluated with level of service calculations. Cumulative No Project volumes plus project-generated traffic will be evaluated with level of service calculations under Cumulative Plus Project Conditions. Task 6 - Assess Site Access, On-Site Circulation, and Parking The site plan will be reviewed to determine the adequacy of on-site circulation, vehicle access, and bicycle and pedestrian circulation. Recommendations to improve on-site circulation for all modes of travel will be prepared as warranted. The proposed parking supply will be compared to 11> FEHR & PEERS TRANSPORTATION CONSULTANTS City code requirements and other studies for projects located in Cupertino, and any parking deficiencies will be noted. Parking along Franco Court will be included in the parking review. Task 7 -Stelling Road Analysis A qualitative analysis of the narrowing of Stelling Road to one lane in each direction near the project site will be prepared. Analysis will include general operations, such as roadway capacity and queuing at Homestead Road. This proposal includes conducting a new daily machine count on Stelling Road. Task 8 - Identify Significant Impacts and Recommend Mitigation Measures The results of the level of service calculations for Project Conditions will be compared with Background Conditions to identify project impacts at the key intersections. The results of the LOS calculations for Cumulative No Project Conditions will be compared with Cumulative Plus Project Conditions to identify cumulative impacts at the key intersections. Feasible mitigation measures will be recommended if significant impacts are identified. Feasible mitigation measures are those that can be constructed within the existing right-of-way or that require minimal right-of-way acquisition, such as minor intersection lane additions and restriping. Modifications to intersection operations, including traffic signal installations and signal phasing and timing changes, also will be considered. Impacts to pedestrian, bicycle, and transit facilities also will be identified, and appropriate mitigation measures will be recommended. Task 9 - Documentation We will prepare a draft TIA report that documents all of our methodologies, analyses, and findings. The draft TIA report will include text, graphics, and tables to describe the potential project impacts and corresponding mitigation measures. The fee estimate includes eight staff hours to respond to City staff comments and prepare a final TIA report. Response to comments requiring new technical analyses will be completed as an additional service. Task 10 - Attend Meetings Fehr & Peers staff will attend one project-level meeting. Attendance at additional meetings and hearings will be considered an additional service. Additional Services The scope of work has been 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, trip generation surveys, additional traffic counts beyond the six peak-period counts and one daily machine count included in the scope, evaluation of more than four intersections or one roadway segment, evaluating alternative project descriptions or site plans, preparing conceptual designs of mitigation measures, responding to comments requiring new technical analyses or requiring more than 8 staff hours, or attendance at more than one project-level meeting. Additional services will be conducted only upon authorization. 11> FEHR & PEERS TRANSPORTATION CONSULTANTS Attachment B Hourly Billing Rates Classification Hourly Rate Principal Senior Associate Associate Senior Engineer/Planner Engineer/Planner Senior Technical Support Administrative Support Technician Intern $170.00 $160.00 $140.00 $110.00 $90.00 $95.00 $85.00 $80~00 $60.00 $230.00 $195.00 $180.00 $170.00 $135.00 $145.00 $115.00 $110.00 $90.00 Notes: Reimbursable expenses are invoiced at cost plus 10% for handling, including personal auto mileage at IRS approved rate (44.5 cents per mile as of January 2006). The following reimbursable expenses are invoiced at cost: . Reproduction work at $.07 per sheet . Plotter/computer use at $10 per hour . Communication Expense (telephone, fax, e-mail, etc.) Effective 7/1/06 Fehr & Peers reserves the right to change these rates at any time with or without advance notice. ATTACHMENT C STANDARD TERMS AND CONDITIONS These STANDARD TERMS AND CONDITIONS apply to, and are made part of, the attached letter agreement ("Agreement") by and between FEHR & PEERS ASSOCIATES, INC., a California corporation, ("Consultant"), and the "Client" referenced in the signature block on the Agreement. WITNESSETH THAT, in consideration of the premises and covenants hereinafter set forth, the parties agree as follows: 1. Data To Be Furnished. All information, data, reports, records and maps with respect to the Project which are available to Client and which Client deems reasonably necessary for the performance of work set forth in the Agreement, shall be furnished to Consultant without charge by Client. 2. Personnel. Consultant agrees that it will employ, at its own expense, all personnel necessary to perform the services required by this Agreement and in no event shall such personnel be the employees of Client. All of the services required hereunder shall be performed by Consultant and all personnel engaged therein shall be fully qualified under applicable federal, state and local law to undertake the work performed by them. Consultant assumes full and sole responsibility for the payment of all compensation and expenses of such personnel and for all state and federal income tax, unemployment insurance, Social Security, disability insurance and other applicable withholdings. 3. Compensation. Client shall pay Consultant an amount not to exceed the sum noted in the Agreement as consideration for the services described. Consultant shall submit invoices to the Client monthly. Client agrees to pay the invoices within 30 days of receipt. If payment is not received within 60 days, Consultant may, at its sole discretion, elect to stop work until payments are received. In that case, Consultant will notify Client that work has ceased. Client also agrees to pay all costs, including attorney's fees and court costs, incurred by Consultant to collect on past due invoices. 4. Ownership of Documents. The work papers, drawings, photographs and any other written or graphic material, including AutoCad files, hereinafter materials, prepared by Consultant for this Project are instruments of the Consultant's service for use solely with respect to this Project and. unless otherwise provided, the Consultant shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Client shall be permitted to retain copies, including reproducible copies of Consultant's materials for information and reference in connection with the Client's use on the Project. The Client or others shall not use the Consultant's materials on other projects, or for changes to this Project without the express written consent of the Consultant. Submission or distribution of documents to meet official regulatory requirements or for similar purposes in connection with the Project is not to be construed as publication or violation of copyright. 5. Attornevs' Fees/Arbitration. In the event that either party brings an action or claim arising out of or in connection with this Agreement, the prevailing party shall be entitled to reasonable and actual attorneys' fees incurred, as well as costs incurred, as well as expert witness fees. Any and all disputes shall be resolved by way of binding Arbitration, which shall take place in San Francisco, California utilizing a single Arbitrator. Arbitration shall take place under the auspices of either the American Arbitration Association or JAMS, at the eleetion of the party commencing Arbitration. The prevailing party shall also be entitled to be reimbursed for any and all Arbitration expenses incurred. 6. Modification/Termination. No waiver, alteration, modification or termination of this Agreement shall be valid unless made in writing. This agreement may be terminated for convenience and without cause by either party upon seven days' written notice. 7. Governing Law. This Agreement shall be governed by and constructed in accordance with the laws of the State of California. 8. Entire Aqreement. This Agreement sets forth the entire understanding between the parties as to the subject matter of this Agreement and merges all prior discussions, negotiations, letters of understanding or other promises, whether oral or in writing.