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12-121 Stantec Consulting Services Inc. Agreement, Evaluation of traffic features at three locations AGREEMENT BETWEEN THE CITY OF CUPERTINO AND STANTEC CONSULTING SERVICES, INC.FOR CONSULTANT SERVICES FOR EVALUATION OF TRAFFIC FEATURES AT THREE LOCATIONS WITHIN THE CITY OF CUPERTINO /o,& abs 2YCR THIS AGREEMENT,for reference dated kiwi 6-,2012,is by and between CITY OF CUPERTINO,a municipal corporation(hereinafter referred to as"City"),and Stantec c Consulting Services,Inc.,a California corporation,whose address is 901 Market Street,6th Floor,San Francisco,CA,94103,(415)882-9500 (her- •: - - - -d to as"Consultant"),and is made with reference to the following: Vt SZ RECITALS: City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is new being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Consultant is specially trained,experienced and competent to perform the special services which will be required by this Agreement;and C. Consultant possesses the skill,experienc ,ability,background,certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for traffic engineering services upon the terms and conditions herein. NOW,THEREFORE,it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on I'ovember 1,2012,and shall terminate on June 30,2013, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit"A",titled"Scope of Work,Budget and Schedule",which is attached hereto and incorporated herein by this reference. 3. SCHEDULE OF PERFOMRANCE: The Services of Consultant are to be completed according to the schedule set out in Exhibit"A". 4. COMPENSATION TO CONSULTANT: The compensation to be paid to Consultant for professional Services and reimbursable expenses shall be a lump sum not to exceed Forty-nine Thousand,Nine-Hundred Sixty-Six Dollars($49,966.00)for Basic Services inclusive of Reimbursable Expenses. The rate of payment is set out in Exhibit"A". Consultant shall furnish to City a detailed statement of the work performed for compensation during the term of this Agreement. Consultant may submit monthly invoices for interim progress payments during the course of each phase,clearly stating as a minimum the total Contract amount,amount paid to date,percent complete and amount due. 5. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. Page 1 of 8 Stantec Agreement Evaluation of Traffic Features 6. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 7. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant,except to the extent they are limited by statute,rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees,including but not limited to,unemployment insurance, workers'compensation plans,vacation and sick leave are available from City to Consultant,its employees or agents. Deductions shall not be made for any state or federal taxes. FICA payments,PERS payments,or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items,if required,are the responsibility of Consultant. 8. IMMIGRATION REFORM AND CONTROL ACT(IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder,pursuant to all applicable IRCA or other federal or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss,damage,liability,costs or expenses arising from any noncompliance of this provision by Consultant. 9. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct,Consultant agrees that harassment or discrimination directed toward a job applicant,a City employee,or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race,religious creed,color,national origin,ancestry,handicap,disability,marital status,pregnancy,sex,age,or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 10. PROJECT COORDINATION CITY: Director of Public Works shall be representative of City for all purposes under this Agreement. The Senior Civil Engineer is hereby designated as the Director of Public Works' designee and Project Manager,and shall supervise the progress and execution of this Agreement. CONSULTANT: Consultant shall assign a single Consultant Project Manager to have overall responsibility for the progress and execution of this Agreement for Consultant Should circumstances or conditions subsequent to the execution of the Agreement require a substitute Consultant Project Manager for any reason, the Consultant Project Manager designee shall be subject to the prior written acceptance and approval of the City Project Manager. The designated Consultant Project Manager shall be Paul]vlenaker. 11. HOLD HARMLESS: Indemnification: A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City,its agents or employees. Page 2 of 8 Stantec Agreement Evaluation of Traffic Features B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement,indemnify,defend,and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability o f any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City,it agents or employees. C. Claims involving intellectual property. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify,defend, and held the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of,pertains to, or relates to Consultant's negligence,recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 12. INSURANCE: On or before the commencement of the term of this Agreement,Consultant shall furnish City with certificates showing the type,amount,class of operations covered,effective dates and dates of expiration of insurance coverage in compliance with paragraphs 12A,B,C,D and E. Such certificates,which do not limit Consultant's indemnification,shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof,the insurer affording coverage shall provide thirty(30)days'advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers'Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate-all other Property Damage: $100,000 each occurrence $250,000 aggregate If submitted,combined single limit policy with aggregate limits in the amounts of $1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts,errors and omissions of Consultant in the amount of at least$1,000,000. Page 3 of 8 Stantec Agreement Evaluation of Traffic Features B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City,on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein,a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City,its City Council,boards and commissions,officers,employees and volunteers shall be named as an additional insured under all insurance coverages,except any professional liability insurance,required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium,deductible portion of any loss,or expense of any nature on this policy or any extension thereof Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 13. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of inte rest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2,Division 6,Section 18700 of the California Code of Regulations. 14. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign,sublease,hypothecate,or transfer this Agreement,or any interest therein, directly or indirectly,by operation of law or otherwise,without prior written consent of City. Any attempt to do so without said consent shall be null and void,and any assignee,sublessee,hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment,hypothecation or transfer. However,claims for money by Consultant from City under this Agreement may be assigned to a bank,trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale,assignment,transfer or other disposition of any of the issued and outstanding capital stock of Consultant,or of the interest of any general partner or join:venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy,which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent(50%)or more of the voting power of the corporation. 15. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained,only those people and subcontractors whose names are included in this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors,such subcontractors shall be required to furnish proof of workers'compensation insurance and shall also be required to carry general,automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition,any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 16. PERMITS AND LICENSES: Consultant,at his/her sole expense,shall obtain aid maintain during the term of this Agreement,all appropriate permits,certificates and licenses including,but not limited to,a City Business License,that may be required in connection with the performance of services hereunder. Page 4 of 8 Stantec Agreement Evaluation of Traffic Features 17. REPORTS: A. Each and every report,draft,work product,map,record and other document,hereinafter collectively referred to as"Report",reproduced,prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement,shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report,information and data acquired or required by this Agreement shall become the property of City,and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project;and/or (4) Other City projects as appropriate. C. Consultant shall,at such time and in such form as City may require,furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original,which shall be single sided. E. No Report,information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. F. Electronic and hard copies of Consultant's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats,and other documents to be in Microsoft Word and PDF formats. City holds Consultant harmless for any modifications to the documents. 18. RECORDS: Consultant shall maintain complete and accurate records with respect to sales,costs,expenses,receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times,and gives City the right to examine and audit same, and to make transcripts therefrom as necessary,and to allow inspection of all work,data,documents,proceedings and activities related to this Agreement. Such records,together with supporting documents,shall be kept separate from other documents and records and shall be maintained for a period of three(3)years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records,and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls,or other breach of contract or failure to act in good faith,then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 19. NOTICES: All notices,demands,requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail,postage prepaid,registered or certified,addressed as hereinafter provided. All notices,demands,requests,or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Tone Ave. Cupertino CA 95014 Attention:David Stillman All notices,demands,requests,or approvals from City to Consultant shall be addressed to Consultant at: Stantec Consulting Services,Inc. 901 Market Street,6th Floor San Francisco,CA 94103 Attention: Paul Menaker Page 5 of 8 Stantec Agreement Evaluation of Traffic Features 20. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder,Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default,specifying the nature of such default and the steps necessary to cure such default,City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option,at its sole discretion and without cause,of terminating this Agreement by giving seven(7)days'prior written notice to Consultant as provided herein. Upon termination of this Agreement,each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. In the event of termination,Consultant shall deliver to City,copies of all reports,documents,and other work performed by Consultant under this Agreement. 21. COMPLIANCES: Consultant shall comply with all state or federal laws and all ordinances,rules and regulations enacted or issued by City. 22. CONFLICT OF LAW: This Agreement shall be interpreted under,and enforced by the laws of the State of California excepting any choice of law rules which may direct the application o F laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws,orders,rules,and regulations of the authorities having jurisdiction over this Agreement(or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 23. ADVERTISEMENT: Consultant shall not post,exhibit,display or allow to be posted,exhibited,displayed any signs,advertising, show bills,lithographs,posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 24. WAIVER: A waiver by City of any breach of any term,covenant,or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term,covenant,or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto,and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 25. GIFTS: A. Consultant is familiar with City's prohibition against the acceptance of any gift by a City officer or designated employee,which prohibition is found in City Administrative Procedures. B. Consultant agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. C. The offer or giving of any prohibited gift shall constitute a material breach of this Agreement by Consultant. In addition to any other remedies,City may have in law or equity,City may terminate this Agreement for such breach as provided in Section 19 of this Agreement. 26. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein,and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise,any such provision is not inserted or is not correctly inserted,the Agreement shall be amended to make such insertion on application by either party. Page 6 of 8 Stantec Agreement Evaluation of Traffic Features 27. CAPTIONS: The captions in this Agreement are for convenience only,are not a part of the Agreement and in no way affect,limit or amplify the terms or provisions of this Agreement. Page'7 of 8 Stantec Agreement Evaluation of Traffic Features P.O.No.: J /°19, IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTAN ' 1/.4 Q � CITY OF CUPERTINO �/ A Municipal Corporation Sta -►Conng S: •ces,In B s Itt&i /. BY I l N�✓1/1 ��/O r '/ Y [[ Title �',t: t°t?/�"L Title ere c.71!, cy-(- Pi.4, ,c, 1 JQckS Date (1 (Z Date i Vth —L— Tax I.D.No.: i i " .i (9-7110 AP VED AS TO FORM: Address: go' # -1 gr _!6 F� (S'0 C� D •_ 1• • Caro 'orade City Attorney ATTEST: -/ Grace Schmidt City Clerk Contract Amount: $49,966.00 Account No. : 420-956 ' i qiii II f ql I 1- Page 8 of 8 Stantec Agreement Evaluation of Traffic Features EXHIBIT A Scope of Work, Budget and Schedule Exhibit A includes the Scope, Schedule, and Budget for the evaluation of traffic features at three locations within the city of Cupertino. The scope Df work has been developed based on the RFP, discussion with City staff, and knowledge of the area. SCOPE OF WORK Stantec staff has completed a thorough field review of the three locations identify the existing traffic calming measures, land use near the project locations, and the travel patterns. Based on the field review, Stantec proposes to complete this study with the following tasks and descriptions. Task 1 Project Start-up Stantec will participate in a project start-up meeting with City of Cupertino staff. Paul Menaker and Joy Bhattacharya from Stantec will attend the meeting. The purpose of the meeting will be to set up the project goals and objectives, decide on the roles and responsibilities of the team members, revise and update the scope of work, :set up the proposed public meeting and focus group meeting schedules, and discuss the content of the questionnaire survey for the residents. Prior to the submitting this proposal, Stantec has conducted a thorough field review and have reviewed the goals and objective of the City's Neighborhood Traffic Management Program. Prior to the start-up meeting, Stantec will review other relevant background materials such as summaries of previous studies conducted for the project locations. We will then assist City staff to develop a draft community survey that will be used to conduct outreach to residents and business in the project study area. Soon after the project start-up meeting, Stantec will document the meeting minutes and provide the City with a revised scope of work and schedule, including the preparation of a more detailed outreach work plan and schedule. Deliverables: Work plan and schedule Community Survey Questions Task 2 Conduct Outreach Meetings Stantec will participate in project outreach meetings with residents and business owners within the three study areas. The survey questionnaires developed as part of task 1 will be utilized to conduct the outreach efforts. Paul Menaker will lead the outreach efforts. The purpose of the outreach meetings will be to gather enough background information regarding the implementation of the traffic calming features in the past and also to get an understanding of residents' sentiments and concerns. One Team.Infinite Solutions. 1 Stantec Task 3 Review Historical Data and Collect New Data Stantec will review prior traffic studies and new traffic data that is readily available from the City. Based on the feedback gathered from residents, business owners, City staff, and data availability, Stantec will prepare a data collection plan for the project. The primary goal of the data collection plan would be to collect sufficient data to be able to quantify possible trip diversion expected if the existing traffic calming devices are removed. Traffic calming initiatives should be responsive to the identified problems that can be quantified and measured against acceptable uniform standards, so a compilation of all traffic data including historical data is important. However, since there have been new developments in and around the area and with the DeAnza Road ATMS upgrade, it is anticipated that traffic patterns have changed. Therefore, new traffic volume, speed and accident data will be collected at critical locations for the area. The data collection plan will identify the exact locations for ADT count, turning movement counts, and speed counts. Stantec also proposes to conduct travel time runs (up to six for each cut-through end point) on the 3 study corridors during the a.m. and p.m. peak hours to establish the differences in travel time to reach from one point to the other. These data will also be used to determine the expected percentage of cut-through traffic through the study corridors. One of the primary reasons for cut- through traffic is to save on travel time by avoiding congested arterial streets (i.e. Steven Creek Boulevard and DeAnza Boulevard). In order to reduce travel time further, drivers tend to speed through the local streets causing unsafe conditions. With the data collected at critical locations, Stantec will be able to anticipate if there are reasons for cut-through traffic volume and potential for excessive speed. Stantec will investigate the traffic conditions including queuing on the arterials surrounding the project locations, i.e. Steven Creek Boulevard, DeAnza Boulevard, and Wolfe Road, to determine any reasons for the relatively slower speeds on those arterials during peak periods. One of the strategies is to assess the feasibility of improving overall average travel speed on the arterial streets during a.m. and p.m peak hours to attract commuter traffic to these streets and away from residential streets. In addition to the traditional traffic volume, speed and travel time data, Stantec will use the historical Origin-Destination data that was conducted for the Kim Street Traffic Study conducted in 2005. This data will be substantiated by new peak hour turning movement counts at the intersections along DeAnza Boulevard, McCellan Road and Sterling Road that provide access to and from the neighborhood. Turning movement counts along with expected trip generation information based on the land use of the neighbcrhoods will provide sufficient background data to establish whether the traffic volume on the streets include cut-through traffic or there is a potential of increasing cut-through traffic when the traffic calming devices are remove. State Wide Integrated Traffic Records System (SWITRS) accident data for at least three years will be requested from the City. Calculations of accidents per million entering vehicles and the night/day accident ratio will be calculated. Any significantly high rates will be noted, and One Team.Infinite Solutions. 2 Stantec additional analysis will be made regarding the types of accidents leading to the elevated rates. There is a potential that the island in the middle of the intersection of Stevens Creek Boulevard/Tantau Avenue is not easily visible to elderly night time drivers. Stantec will take volume, speed, and safety into consideration to evaluate the appropriateness of the existing traffic calming features. Stantec will prepare an existing conditions summary memo, which would include a pros and cons analysis of the existing traffic calming features. The summary report will provide adequate information to answer the following questions: 1 . Do the existing traffic calming features still fulfill the needs of reducing cut-through traffic through the streets? 2. What are the expected benefits, drawbacks, and consequences of removing the existing traffic calming features? 3. Identify the neighborhood concerns regarding removing or altering the traffic calming features based on the feedback from the Community Survey. ®eliverables: Community Outreach Results Existing Conditions Summary Memo Task 4 Development of Preferred Improvement Alternatives Stantec will incorporate the results of the community outreach and the data collection efforts to develop potential traffic calming strategies to address the specific issues of cut-through traffic. Stantec will share couple of alternatives with the City for each of the location. These strategies could be simply removing the existing traffic calming devices or to remove and install other features to address the needs more appropriately. Once the preferred alternative is selected in consultation with City staff, Stantec will prepare 'he concept level design and cost estimates for all the three locations. The alternatives will include removal and implementation of traffic calming features that do not require an Environmental Impact Report or a more formal public process. Analysis of the recommended alternative will illustrate the potential shift in traffic from one street to the other. This information will be demonstrated using graphical displays. The pros and cons of each strategy, concept design, and cost estimate will be presented in the deliverable. Deliverables: Alternatives Analysis and Preferred Strategy Concept Plan and Cost Estimate for Preferred Strategy Task 5 Conduct Public Outreach Meetings After the preliminary preferred strategies are refIned based on City's inputs, Stantec will participate in public outreach meetings (back-to-back meetings, one for each community) sharing the project findings and the recommended alternative for each of the three study area. Paul Menaker will lead the public outreach meetings and we will gather feedbacks at the meetings from the stakeholders regarding the preferred alternative. One Team.Infinite Solutions. 3 Stantec Task 6 Draft Recommendation Report Stantec will incorporate comments from the Outreach meeting and prepare a draft report summarizing the findings of the project along with the recommended strategy for each location. The draft report will include existing conditions, data collection and analysis, community survey analysis, pros and cons of strategies considered for this evaluation study, preferred strategy, concept plans and estimates of the preferred strategy. Once approved by City staff, Stantec staff will prepare all the materials for the City Council meeting. Stantec staff will attend and participate at the City Council meeting. ®eliverables: Draft Report Presentation material for City Council and other meetings Task 7 Final Report Stantec will prepare a summary of the input provided during the City Council meeting and input received from the community for incorporation in the final plan. Stantec will prepare a final report incorporating the changes into the Draft Recommendation Report. The Final Report will be developed and submittec to the City of Cupertino. L7Deliverables:Final Report (Word format) and Concept plans and estimates Both deliverables will be provided in hard copies and electronic format City of Cupertino Staff Expectations Stantec will request the following data from the City of Cupertino: • Roadway signing and striping drawings, if available. • Historic roadway segment counts for the 3 locations, if available • Speed Survey data, if available. • Traffic signal timing cards for Stevens Creek Boulevard/Torre/Vista Avenue and Stevens Creek Boulevard/Tantau Avenue. • SWITRS accident data for the most recent three-year period for the three locations. If not available, Stantec will download latest data from iSWITRS. • Traffic data from previous traffic study conducted to install the traffic calming device, if available. • Land use data for the study area (i.e. # of single family homes, apartments, retail, etc. for each street segment). Stantec has made some assumptions in our Scope of Work, as identified below: • Distribution and direct cost for the community outreach will be paid by the City. • Assumes one round of review for meeting materials, summaries and memorandums. • City will provide/arrange for meeting facilities for community workshops. One Team.Infinite Solutions. 4 Stantec • City staff will coordinate all public workshop and meeting facility logistics, distribution of meeting notification/newsletter, and display advertisement placement. • City will be responsible for all facility costs, special equipment needs and refreshments, if desired. Schedule & Budget Project schedule and detailed budget breakdown is included in the next page. One Team.Infinite Solutions. 5 Stantec Proposal to Conduct Evaluation of Traffic Features at Three Locations City of Cupertino Proposed Budget, Stantec Tasks Total Cost Task I: Project Startup $2,166 Task 2:Conduct Outreach Meetings $4,424 Task 3: Review Historical Data and Collect New Data $11,408 Task 4: Development of Draft Improvement Alternatives $6,192 Task 5: Conduct Public Outreach Meetings $3,318 Task 6: Draft Recommendation Report $7,562 Task 7: Final Report $2,834 Project Meeting Attendance (2 meetings) $4,622 Subtotal $42,526 Direct Costs: Mileage at .55/per mile $440 Data Collection $7,000 TOTAL $49,966 Proposal to Conduct Evaluation of Traffic Features at Three Locations City of Cupertino Proposed Schedule, Stantec November December January February March Tasks wk I wk2 wk3 wk4 wk5 wk I wk2 wk3 wk4 wk I wk2 wk3 wk4 wk5 wk I wk2 wk3 wk4 wk I wk2 wk3 wk4 Task I: Project Startup Task 2:Conduct Outreach Meetings A Task 3: Review Historical Data and Collect New Data IIIIIIIIIIIIIIIIIIII Task 4: Development of Draft Improvement Alternatives Task 5:Conduct Public Outreach Meetings A Task 6: Draft Recommendation Report 111111111111111.1111111 *. Toa4 7• Fin,I Runnrr_ I._ . r I I I I 1 1 I 1 I I 1 1 I 1 1 1 1 1 1 1 1 1 1 A Project Startup Meeting A Focus Group Meetings A Public Meetings(3 back-to-back) *- City Council Meeting \iftk/ OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE •CUPERTINO, CA 95014-3255 y-c.1 9ss TELEPHONE: (408) 777-3223• FAX: (408) 777-3366 <G, WEBSITE:www.cupertino.org CUPERTINO March 27, 2013 Stantec Consulting Services, Inc. 901 Market Street, 6th Floor San Francisco, CA 94103 An original copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, Brittany Carey Senior Office Assistant City of Cupertino Enclosure cc: Public Works ,..:0- cY I" r FIRST AMENDMENT TO CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF CUPERTINO AND STANTEC CONSULTING SERVICES, INC., FOR CONSULTANT SERVICES FOR EVALUATION OF TRAFFIC FEATURES AT THREE LOCATIONS WITHIN THE CITY OF CUPERTINO This First Amendment to the Consultani: Services Agreement between the City of Cupertino and Stantec Consulting Services, Inc., for reference dated February 20, 2013 , is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Stantec Consulting Services, Inc., a California corporation, whose address is 901 Market Street, 6th Floor, San Francisco, CA, 94103, (415) 882-9500, (hereinafter "Consultant"), and is made with reference to the following: RECITALS: A. On November 5, 20 i, an agreement was entered into by and between City and Consultant (hereinafter "Agreement"). B. City and Consultant desire to modify the Agreement on the terms and conditions set forth herein. NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as follows: 1. Paragraph 2 of the Agreement is modified to read as follows: Consultant shall perform each and every service set forth in Exhibit"A" titled "Scope of Work, Budget and Schedule", and Exhibit "B", titled "Scope of Work, Budget and Schedule-Revised based on Public Outreach Meetings", which is attached hereto and incorporated herein by this reference. 2. Paragraph 3 of the Agreement is modified to read as follows: The Services of Consultant are to be completed according to the schedule set out in Exhibit "A" and Exhibit "B". 3. Except as expressly modified herein, all other terms and covenants set forth in the Agreement shall remain the same and shall be in full force and effect. Page 1 of 2 First Amendment to Stantec Agreement IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. Stantec Consulting .;rvices, Inc. CITY OF CUPERTINO A Municipal Corporation Li By I Ti orden Director of Public Works Titlek&V °L4t- Date x/13/17 Date 4 RECOMMENDED FOR APPROVAL: B — � David Stillman Senior Civil Engineer APPROVED AS TO FORM: B 11 /I ' . 1L &. Pyy- Carol Korade City Attorney ATTEST: By l Lt° � >� Grace Schmidt 3/ 2_")(t 3 City Clerk Page 2 of 2 First Amendment to Stantec Agreement EXHIBIT Stantec Scope of Work, Budget and Schedule - Revised based on Public Outreach Meetings Based on the public outreach meetings conducted on February 2, 2013, and following discussions with City staff, Stantec's scope of work has been revised. It is understood that the Kim Street traffic calming portion of the original scope of work is no longer included as part of the study. However, the scope of work for the other two locations (Torre Avenue and Tantau Avenue) has been expanded. Task 3 and Task 4 of the original scope of work has been replaced with the following scope of services: Task 3 Review Historical Data and Collect New Data Stantec has reviewed prior traffic studies and traffic data that were readily available from the City. Based on the feedback gathered from residents, business owners, City staff, Stantec will evaluate the following elements as part of the project. Torre Avenue and Stevens Creek Study Area: 1. Analyze the U-Turners cutting through the apple building at the corner of Stevens Creek Boulevard/Vista Drive. How often it happens and what can be done to prevent the cut- through. 2. School activities on Vista Drive, including the safety and pedestrian issues 3. Speeding on Lazaneo Drive and Vista Drive and how to lower the speeds to acceptable levels 4. Heavy truck volume on Vista Drive and how to address the issue Tantau Avenue and Stevens Creek Study Area: 1 . Safety issues at the intersection of Steven Creek/Judy Avenue 2. Evaluate the possibility of Judy Avenue being used as an alternative cut-through route, since Tantau Avenue doesn't have direct southbound access 3. Speeding on Tantau and Judy and how to lower the speeds to acceptable levels 4. Control the u-turns on Tantau Avenue that are trying to access the shopping center parking lot 5. Evaluate the overall traffic circulation within the parking lot at the SE corner of Stevens Creek/Tantau Avenue 6. Evaluate on-Street parking conditions on Tantau Avenue and Judy Avenue In order to evaluate and analyze the items identified ror each area, Stantec proposes to conduct the following field data collection plan for the project: • 24-hour counts and speed data at One Team.infinite Solutions. Stantec a. Tantau b. Judy c. Lazaneo d. Vista, including vehicle classification count • Turning movement counts at: a. Stevens Creek and DeAnza (City to provide, if available) b. DeAnza and Lazaneo Drive (City to provide, if available) • On-Street Parking Observations at: a. Tantau b. Judy • Conduct Car Following Study at: a. Lazaneo/De Anza to Vista/SCB b. Tantau —Judy— Loree—Tantau • Field Observation on Friday at Tantau • Field Observation on Vista Drive during morning school peak and probably discuss every day situation at that location with the school crossing guard Stantec will prepare an existing conditions summary memo, which would include an analysis of all data collected as part of this project. /LTeliverables: Existing Conditions Summary Memo Task 4 Development of Preferred Improvement Alternatives Stantec will incorporate the results of the community outreach and the data collection efforts to develop potential traffic calming strategies to address the specific issues identified above. Stantec will prepare three alternatives for each study area, which would include the following strategies: 1. "Removal" of the physical barrier at the intersection 2. "Modification" of the physical barrier to achieve similar traffic calming benefits, and 3. "Do-nothing" alternative. One Team.Infinite Solutions. .,..,, Stantec All three alternatives will be shared at the Public Outreach meeting as detailed in Task 6 of the original scope of work. Deliverables: Alternatives Analysis and three alternative Strategies for two study locations Concept Plan and Cost Estimate Budget and Schedule Kim Street traffic calming portion of the original scope of work is no longer included as part of the study. Stantec will complete the revised scope of work within the budget of $49,966 as included in the original contract dated 11/9/2012 on a percent complete basis. The schedule is revised to reflect the additional data collection efforts and the milestones are indicated below: Task 1 and Task 2 -Completed Task 3: Review of Historical Data and Collect New Data —March 8, 2013 Task 4: Development of Alternatives: March 29, 20-'13 Task 5: Conduct Public Outreach — 2"a/3'd week of April Task 6: Draft Report—May One Team.Infinite Solutions.