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05-047, Fehr & Peers AGREEMENT f ~{, / BY THIS AGREEMENT, made and entered into this 12'h day of January ,20,QQ. by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Fehr & Peers Transportation Consultants (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: See attached CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO.tJt)lJS-4106 EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Scope of Work, Fee Estimate TERMS: The services and/or materials furnished under this Agreement shall commence on January 12. 2005 and shall be completed before June 30. 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $21,500.00 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 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 to the extent caused by or arising out of the negligent 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 C~y, , ~ ENTERED CONTRACT CO-ORDINATOR and representative for CITY shall be: J1-rlt) NAME Glenn W. Goepfert 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. :~Nl)~OR; ~ 2 d 'f', ,~ ~ ~ R-,,,";.! Title n ;'Ie, po. Soc. Sec. # ::~:TIN~ Title 'D C; . LA fl:.S EXPENDITURE DISTRIBUTION t /2. Os 110-8601-7014 AT '-/d -0 5 $21,500.00 SCOPE OF WORK Transportation Impact Analysis for the Grosvenor II Project in Cupertino The proposed project includes constructing 94 single-family homes and removing 206,000 s,f, of vacant industrial buildings. The project site is located on Bubb Road at Results Way north of McClellan Road in Cupertino, California, The off-site impacts will be evaluated following the guidelines of the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA) , the congestion management agency for Santa Clara County. The focus of the analysis will be the key intersections, The following intersections will be included in the analysis: 1, Stevens Creek Boulevard/Bubb Road 2, Stevens Creek Boulevard /SR 85 Southbound ramps 3. Stevens Creek Boulevard /SR 85 Northbound ramps 4, Stevens Creek Boulevard/Stelling Road 5. Bubb Road/Results Way 6, McClellan Road/Stelling Road 7. McClellan Road/Bubb Road* 8, McClellan Road/Byrne Avenue* 9. Bubb Road/Hyannisport Drive* * These intersections will be studied during the school afternoon peak hour The operations of the first seven key intersections will be evaluated during the morning (AM) and evening (PM) peak hours. The last two intersections will be evaluated during the AM and school afternoon peak hour. In addition, the intersection of McClellan Road and Bubb Road will be analyzed during the school afternoon peak hour. 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 occupied developments in the area, Scenario 3: project. Scenario 4: Expected Growth Conditions - Existing volumes increased by an annual growth factor of 1.2 percent per year to the projected opening date of the proposed project, plus traffic from approved and pending projects, plus the proposed project traffic. Project Conditions - Background volumes plus traffic generated by the proposed 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 will be estimated using standard Institute of Transportation Engineers (IT E) trip generation rates. The directions trips use to approach and depart from the site will be estimated based on existing travel patterns and relative locations of complementary land uses, The net new site-generated traffic (trip generation credit will be given for the industrial buildings being removed) will be assigned to the roadway system based on the directions of approach and departure discussed above and the location of the site driveways. 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 DatalExistinq Conditions The physical characteristics of the site and the surrounding transportation 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, Available counts for the local intersections will be obtained from city staff and previous traffic studies and will be supplemented with AM (7:00-9:00am) and PM (5:00-7:00pm) peak period counts at 4 key intersections (Stevens Creek Blvd/Bubb Rd, Bubb Rd/Results Way, McClellan Rd/Stelling Rd, McClellan Rd/Bubb Rd), In addition, counts will be conducted from 7:00am to 9:15am and from 2:00pm to 4:00pm at the McClellan Rd/Bubb Rd, McClellan Rd/Byrne Ave, and Bubb Rd/Hyannisport Dr intersections to capture the school peak traffic, Pedestrian counts will also be conducted at these three intersections. Additional intersection counts will be conducted at an estimated cost of $600 each, The existing operations of the key intersections will be evaluated for the AM and PM peak hours plus afternoon school peak for three key intersections with the level of service method adopted by the City of Cupertino using the TRAFFIX level of service analysis software. The operations of the key intersections will also be observed, Task 3 - Evaluate Backqround 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 existing industrial buildings 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 Proiect 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 less traffic associated with industrial buildings being removed to represent Project Conditions, Intersection level of service calculations will be conducted to estimate the operating levels of the study intersections during the AM and PM peak hours after completion of the proposed project. Task 5 -Identifv Sianificant Impacts and Recommend Mitiaation 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 Conditions, 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 project or instituting Transportation Demand Management (TOM) measures. Task 6 - Assess Site Access, On-Site Circulation. and Parkina 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 geometrics to ensure that vehicles can maneuver within the site, The number of parking spaces provided will be compared with the City's zoning ordinance. Task 7 - Neiahborhood impacts and mitiaations The amount of project traffic likely to intrude into the nearby residential streets will be estimated. Mitigation measures to minimize project impacts will be addressed. Task 8 - 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, and traffic from approved and pending projects will be added. Traffic from the proposed project will be added to estimate total volumes for Expected Growth Conditions, Intersection level of service calculations will be performed to evaluate Expected Growth Conditions, Intersection level of service deficiencies will be identified. Task 9 - Prepare Documentation The results of the analysis will be documented in a report following the City of Cupertino guidelines. The draft report will be submitted to the client for review and comment. The fee estimate includes 10 staff hours for responding to comments on the draft report and preparing the final report, Responding to comments requiring new technical analyses will be completed as an additional service, Review comments will be incorporated into the final report and three (3) copies will be submitted. 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 but are not limited to preparing conceptual designs of proposed mitigation measures, conducting more than 13 peak period intersection counts, analyzing additional intersections, evaluating revised project descriptions, conducting detailed traffic operational analyses (such as micro-simulation analysis), and attending meetings or public hearings, Additional services will only be conducted upon our receipt of written authorization.