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05-080, Fehr & Peers, Transportation Consultants AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NOtfOtJ.J4-J 6 0 BY THIS AGREEMENT, made and entered into this 21st day of July, 20Q,Q, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Fehr & Peers Transportation Consultants, 255 North Market Street, Suite 200, San Jose, CA 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 EXHIBITS: The following attached e.xbibits-'hereoyare-'made part of this Agreement: Draft Scope of Work, Transportation Impact Analysis fo(~e ~osed calabaza~ Place Retail and Residential Development in Cupertino'-- . TERMS: The services and/or materials furnished under this Agreement shall commence on July 21,2005 and shall be completed before October 31, 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $60,000.00 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. ",.l'P:l GENERAL TERMS AND CONDITIONS U ENTERED 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 Glenn 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. ''Pe e IS CITY OF CUPERT~ U BYC~ ~ Title Assistant Director EXPENDITURE DISTRIBUTION 110-8601-7014 A NT $60,000.00 Page 1 of3 Sohrab Rashid From: Gary Chao [GaryC@cupertino.org] Sent: Monday, July 25,20054:36 PM To: Sohrab Rashid Subject: RE: Calabazas Place - Proposed Schedule - as of July 22 Sohrab - Sohrab, We definitely want to go with the expediated schedule...thx. gAry -----Original Message----- From: Sohrab Rashid [mailto:s.Rashid@fehrandpeers.com] Sent: Monday, July 25, 2005 3:04 PM To: Glenn Goepfert Cc: Gary Chao; Jason Nesdahl; Daniel Rubins Subject: RE: Calabazas Place - Proposed Schedule - as of July 22 Glenn, Thanks for the confirmation. We will proceed with that count schedule in mind. Daniel, please coordinate with Bob VB when he returns from his honeymoon on the counts for Calabazas Place. Thanks, Sohrab From: Glenn Goepfert [mailto:GlennG@cupertino.org] Sent: Monday, July 25, 2005 3:47 PM To: Sohrab Rashid Cc: Gary Chao Subject: RE: Calabazas Place - proposed Schedule - as of July 22 Sohrab, I think as long as the schools are included, it would be alright to do the counts on the schedule you described. There is no need to wait for DeAnza College, and if there is no reason to expect a significant difference in post summer vacation traffic right before or right after Labor Day, then, again, it would be alright to do the counts on the schedule you described. Thanks. Glenn I believe that Gary is having the DeAnza College expansion EIR DKS traffic study copied and sent to you. -----Original Message----- From: Sohrab Rashid [mailto:S.Rashid@fehrandpeers.com] Sent: Monday, July 25,20052:33 PM To: Gary Chao; Glenn Goepfert Cc: Jason Nesdahl; Daniel Rubins 7/28/2005 7/28/2005 Page 2 of3 subject: RE: Calabazas Place - Proposed Schedule - as of July 22 The counts are typically more affected by schools being in session that the holiday itself. We will almost always count on the Thursday before a Monday holiday, and on the Wednesday and Thursday following. We do not count the Tuesday immediately following the Monday holiday. When schools used to start after Labor Day, counts in August used to be an issue, but all public schools except for De Anza will be operating by August 24th. If we wait until after the holiday, our vendor may not be able to get all of the counts done within two days, and the delay could be slightly more than a week. We received copies of the contracts for both Pruneridge and Calabazas Place, but we don't want to sign them and send them back until we have this schedule situation worked out. I will be available to sign them in the next few days before I go on vacation. Sohrab From: Gary Chao [mailto:GaryC@cupertino.org] Sent: Monday, July 25, 2005 2:45 PM To: Sohrab Rashid; Glenn Goepfert Cc: Jason Nesdahl; Daniel Rubins Subject: RE: Calabazas Place - proposed Schedule - as of July 22 Sohrab, Would it be a problem that the counts are taken right before labor day holiday? The implications of people taking vacation and such....thx. I'll get back to you on the expediated schedule later today. I'm doing a project projection at this point and well see if 1 week makes a difference in terms of hearing dates. Thx. Gary -----Orig i na I Message----- From: Sohrab Rashid [mailto:s.Rashid@fehrandpeers.com] Sent: Saturday, July 23, 2005 11:27 AM To: Gary Chao; Glenn Goepfert Cc: Jason Nesdahl; Daniel Rubins subject: Calabazas Place - proposed Schedule - as of July 22 Per Gary's message on Friday, we will conduct new traffic counts for this study after Cupertino elementary and secondary public schools begin (August 24th) but not before De Anza college begins on September 26th. We will schedule our vendor to collect counts on August 30th, 31st, and September 1st and would expect to receive the data by no later than the morning of September 6th. Prior to conducting counts, we will be able set up the TRAFFIX network, collect non-count-related existing information, and prepare the report shell and base graphics. Assuming a September 6th start to the technical analysis, we can produce a draft report by Monday September 26th. The traffic volume data for the air and noise analysis could be submitted to David Powers during the latter part of the week of September 12th. If the study needs to be expedited, we can submit a draft report one week earlier (by September 19th) but will have to work staff overtime and defer other work to accomplish that. The additional cost for the expedited Page 3 of3 schedule is $7,500, increasing the total budget to $56,755. Please let us know if you want the expedited schedule so we can make arrangements accordingly. I will be out of the office Monday July 25th through Wednesday the 26th, but will be checking voicemail and e-mail. Let me know how you wish to . proceed. Hope you are having a great weekend!! Sohrab Rashid Principal Fehr & Peers (408) 278-1700 x202 Fax(408) 278-1717 s. rashid@fehrandpeers.com Fehr & Peers, its employees, its officers or agents shall not be responsible for the accuracy or completeness of electronic file copies. Due to the potential that information exchanged by electronic media can deteriorate, be damaged, lost or modified, intentionally or otherwise, use of this electronic data by anyone other than Fehr & Peers shall be at the sole risk of such user and without liability or legal exposure to Fehr & Peers. The recipient is responsible for verifying the accuracy of data against governing hard copy documentation. If there is a discrepancy between the hard copy and the electronic copy, the hard copy will govern. Recipient assumes all risks in the changing or modification of data and revisions or updating of hard copy documents. 7/28/2005 SCOPE OF WORK Transportation Impact Analysis for the Proposed Calabazas Place Retail and Residential Development in Cupertino PROJECT DESCRIPTION The proposed project consists of: · 108 Townhomes · 212 Stacked flats · 80 Senior Apartments · 115,000 sf of retail space The project site is located in the eastern area of Cupertino, is generally bounded by Interstate 280 to the north, Stevens Creek Boulevard to the south, Tantau Avenue to the east and is bisected Vallco Parkway. The current site consists of approximately 150,000 square feet of existing office space, as well as vacant land. The off-site traffic 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: A. Kev intersections and freeway seqments. Based on other studies in the area and a preliminary trip generation estimate, the following intersections will be included in the analysis: 1 . Homestead Road and Wolfe Road 2. Homestead Road and Tantau Avenue 3. Homestead Road and Lawrence Expressway 4. Wolfe Road and Pruneridge Avenue 5. Pruneridge Avenue and Tantau Avenue 6. Wolfe Road and 1-280 Northbound Ramps 7. Wolfe Road and 1-280 Southbound Ramps 8. Wolfe Road and Vallco Parkway 9. Vallco Parkway and Finch Avenue 10. Vallco Parkway and Tantau Avenue 11. Stevens Creek Boulevard and De Anza Boulevard* 12. Stevens Creek Boulevard and Blaney Avenue 13. Stevens Creek Boulevard and Portal Avenue 14. Stevens Creek Boulevard and Perimeter Road 15. Stevens Creek Boulevard and Wolfe Road/Miller Avenue 16. Stevens Creek Boulevard and Finch Avenue 17. Stevens Creek Boulevard and Tantau Avenue 18. Stevens Creek Boulevard and 1-280 ramps 19. Stevens Creek Boulevard and Lawrence Expressway (W) 20. Stevens Creek Boulevard and Lawrence Expressway (E) 21. Bollinger Road and Tantau Avenue 'Designated CMP intersection This list may be adjusted based on input from City staff and refinements to the trip generation estimates. The following freeway segments of Interstate 280 (1-280) will be included in the analysis: 1. SR 85 to De Anza Boulevard 2. De Anza Boulevard to Wolfe Road 3. Wolfe Road to Lawrence Expressway 4. Lawrence Expressway to Saratoga Avenue The operations of the key intersections will be evaluated during the morning (AM), midday 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 occupied developments in the area. Scenario 3: Project Conditions - Background volumes plus traffic generated by the proposed project. Scenario 4: Cumulative No Project Conditions - Traffic from pending developments in the area will be added to the volumes from Scenario 2 to establish traffic volumes under cumulative "no project" conditions. Scenario 5: Cumulative Plus Project Conditions - Project-generated traffic will be added to the volumes from Scenario 4 to establish cumulative conditions with the proposed project. This analysis scenario is required by the Congestion Management Agency and CEQA. TASKS 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 (ITE) trip generation rates and allowable trip reductions determined by the City and the VT A. 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 site- generated traffic 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 DatalExisting 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. Recent traffic counts have not been conducted at the study intersections since Year 2000 data have been used to account for the economic downturn and the relatively large amount of vacant office/R&D space. City Public Works staff is requesting that new count data be obtained at all 21 of the study intersections to provide a more accurate evaluation of existing conditions. This proposal assumes 42 new peak period intersection counts (21 AM and 21 PM counts). Traffic is expected to increase at the Vallco Parkway/Finch Avenue intersection and a traffic signal may need to be installed to mitigate project impacts. Accordingly, we will conduct a full warrant analysis using criteria included in the Manual on Uniform Traffic Control Devices (MUTCD) published by the Federal Highways Administration (FHWA). To complete this analysis, we will conduct 48-hour machine counts on all three street approaches, peak period pedestrian counts across all four legs, and obtain accident data from City staff. 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. The operations of the key intersections will also be observed. The warrant analysis for the Vallco Parkway/Finch Avenue intersection will be completed for this scenario. 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. Any approved changes to the street system including the proposed lane reductions on Vallco Parkway will also be included under this scenario. Level of service calculations will be conducted to evaluate intersection operations under Background Conditions, and the warrant analysis for the Vallco Parkway/Finch Avenue intersection will be completed. . 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. Trips generated by the existing uses on the project site will be subtracted from project traffic to determine the net new traffic that will be generated by the site. The net new 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 AM and PM peak hours after completion of the proposed project. The warrant analysis for the Vallco Parkway/Finch Avenue intersection will be completed for Project Conditions. The number of peak-hour project-generated trips added to freeway segments near the project site will be determined using the directions of approach and departure discussed in Task 1. Project impacts to nearby CMP facilities will be analyzed. The TRAFFIX analysis only evaluates intersection operations on an isolated basis, and will not identify the need for any signal interconnection or timing improvements at any of the study intersections. We propose to analyze Wolfe Road (between Stevens Creek Boulevard and 1-280 North) and Stevens Creek Boulevard (between Wolfe Road and Tantau Avenue) using the SynchrolSimTraffic software to determine if timing improvements including upgraded interconnection is required. The Synchro model will be developed for Existing, Background and Project Conditions and will include all Background improvements and project mitigation (e.g., additional turn lanes) as appropriate. This effort will be coordinated directly with City Public Works Department staff. 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 Conditions. Impacts to pedestrian, bicycle and transit facilities and services will also be evaluated as part of this task. 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, signal interconnect upgrades, 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 Parking The site plan for the project will be reviewed to assess the operation of the proposed site driveways on Stevens Creek Boulevard and Vallco Parkway and the internal circulation system within the parking area. The proposed parking supply will be evaluated based on City municipai'codes. For the proposed senior housing use which is not included in the code, we will research the code for other jurisdictions in Santa Clara County and provide supplies used for other projects in Northern California. Task 7 - Evaluate Cumulative Conditions A list of pending projects will be obtained from City staff. Traffic from these developments will be obtained from the corresponding traffic study or estimated using standard traffic engineering practice. Pending project volumes will be added to background traffic volumes from Task 3. Project-generated volumes will be added to cumulative no project volumes, and level of service calculations will be conducted to evaluate the operations of the key intersections under both cumulative scenarios. Cumulative impacts will be determined using criteria established in consultation with City staff. Task 8 - Neighborhood Impacts and Mitigations The amount of project traffic likely to intrude into the nearby residential streets will be estimated. Impacts on adjacent neighborhoods from increased traffic in the area will be assessed. The traffic consultant will work with City staff to identify areas of potential neighborhood traffic, such as the Rancho Rinconada area, Miller Avenue south of Stevens Creek Boulevard and Pruneridge Avenue east of Tantau Avenue. Potential mitigation could include traffic calming measures or conditions of approval regarding operations of the retail uses. Task 9- Prepare Documentation The results of the analysis will be documented in a transportation impact analysis (TIA) report following the City of Cupertino and VTA guidelines. The draft report will be submitted to city staff for review and comment. Review comments will be incorporated into the final report and seven (7) copies, one (1) unbound copy and one (1) electronic .copy will be submitted to city staff. Our fee estimate includes eight staff hours to respond to city staff comments and prepare a final TIA report. Responding to comments requiring additional technical analysis will be conducted as an additional service. This proposal assumes that David Powers & Associates will prepare the transportation section of the environmental document. Our fee estimate includes up to eight hours to respond to comments on the draft environmental document. Task 10- Meetings and Hearings Fehr & Peers staff will attend two project meetings, one community meeting, and two public hearings as part of this project. The budget includes time for preparation and attendance. Additional meetings and hearings will be attended upon authorization and billed on a time- and-materials basis according to our standard rates. 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 six peak hour intersection traffic 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. fP F E H R & PEE RS TRANSPORTATION CONSULTANTS 255 N. Market Street Suite 200 San Jose, CA 95110 transmitted [8J as requested o for your use o for review and comment via o One Hour Delivery o Priority Mail o Fed Ex [8J USPS PUBUC WORK<- .V 408-278-1700 FAX 408-278-1717 r..': (~:. .,;",i; , .. ~ r " ~/ :~i ~ Transmittal Glen Goepfert City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Date July 28, 2005 Job Number SJ05-795 Job Name Calabazas Place [8J attached 0 under separate cover We are sending the following: 1 signed copy of contract Remarks: Please return a fully executed copy of the contract at your earliest convenience. If you have any questions, please call Jason Nesdahl. Signed ~ ~..