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06-068, Fehr & Peers Associates ..;" ..... (; (; (./' AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NO. 032429 BY THIS AGREEMENT, made and entered into this First day of September, 2006~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Fehr & Peers Associates, Inc., 255 North Market Street, Suite 200, San Jose, CA 95110, Phone: (408) 278-1700 (Hereinafter referred as CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as follows: CONSULT ANT shall provide or furnish the following specified services and/or materials: Conduct traffic operations analysis of Vallco Parkway, near the Rose Bowl site in Cupertino, California, as described In Attachment A, "Scope of Work". EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Attachment A, "Scope of Work". TERMS: The services and/or materials furnished under this Agreement shall commence on September 1, 2006 and shall be completed before December 1, 2006. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: Lump sum amount of $8,000.00 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. Consultant agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligent errors and omissions, including all costs of defending any claim, to the extent caused by or arising out of the performance of this Agreement. City shall not be liable for negligent acts of Consultant in performing services described herein. Insurance. Should the City require evidence of insurability, Consultant 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 Consultant. 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, Consultant shall be deemed to be an independent consultant and Consultant is not authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant 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 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. :p, e."- CITY OF CU@INO~ L~::-_ By '/' ~~ ~"'::==' David Stillman, Senior Civil Engineer By '-p'( . l' Title 'y' \I\.. (' I DC\. I Soc. Sec. # or Tax 1.0. (, EXPENDITURE DISTRIBUTION $8,000.00 /tTT ALH NlE;uT A. fP F E H R & PEE RS TRANSPORTATION CONSULTANTS Attachment A SCOPE OF WORK Focused Operations Analysis for the Vallco Parkway adjacent to the Rose Bowl Site The proposed project includes construction of 204 condominiums and 105,000 square feet of retail space on the Rose Bowl site at Vallco Fashion Park on Vallco Parkway in Cupertino, California. Fehr and Peers prepared a Transportation Impact Analysis for the proposed 204 condominiums in 2004. The site plan for the project has since changed and the access to Vallco Parkway has been modified. The eastern driveway for the project site originally was the fourth leg of the Vallco Parkway and Perimeter Road intersection. This driveway is now being relocated 100 feet to the west. Access to this driveway will be restricted to right in and right out leaving only one full access driveway to the project site. This analysis will focus on operations with the proposed modifications to the site access. Task 1 - Evaluate Vallco Parkway with Relocated Driveway The section of Vallco Parkway with the relocated driveway (between Wolfe Road and Finch Avenue) will be analyzed using the Synchro and SimTraffic (simulation) software. This systems approach to the analysis will insure that the proposed access modification will not cause operational or queuing problems on Vallco Parkway and that traffic can safely access the site. The analysis will include the following intersections: . Vallco ParkwaylWolfe Road, . Vallco Parkway/Unsignalized Vallco/Rosebowl driveway . Vallco Parkway/Perimeter Road, and . Vallco Parkway/Finch Avenue. Future AM and PM peak-hour traffic volumes will be obtained from the recently completed traffic study for the Toll Brothers development will be used in the analysis. These volumes include the buildout of the Vallco Fashion Park, Toll Brothers development and the Rose Bowl project. The volumes for the Rose Bowl project will be adjusted to account for the relocated driveway and only one full-access driveway. The operations analysis will evaluate the AM and PM peak hours with these volumes. Peak-hour signal warrant analyses will be conducted for the Vallco Parkway/Unsignalized Vallco/Rosebowl driveway and Vallco Parkway/Perimeter Road intersections. Based on the results of the operations analysis, a determination will be made as to the adequacy of the proposed access and the overall operations of Vallco Parkway between Wolfe Road and Finch Avenue. If there are any other improvements that can be made to the design, they will be documented in the Task 2. Task 1A - Evaluate Vallco Parkway with Signalized Vallco/Rosebowl driveway (Optional) If a signal is warranted at the Vallco Parkway and Vallco/Rosebowl driveway intersection, this scenario will be analyzed in Synchro/Simtraffic for both the AM and PM peak hours. The results of this scenario will also be documented in Task 2. fP F E H R & PEE RS TRANSPORTATION CONSULTAIfTS Task 2 - Document Study Fehr & Peers will prepare a technical memorandum that documents the findings and conclusions of the analyses, The cost proposal allows for up to 8 staff hours to respond to comments on the document by City staff. Task 3 - Attend Meetings It is anticipated that Fehr & Peers will attend one meeting during the study. This meeting would likely be after the analysis is complete to discuss the findings. 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. Additional services that are beyond the scope of this study include, but are not limited to, conducting traffic counts, evaluating additional study intersections, preparing conceptual intersection designs, responding to comments requiring substantive additional technical analysis, and attending any public hearings. Fehr & Peers will conduct additional services upon receipt of written authorization. 3