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03-062 Fehr & Peers Associates o~,o~a- ACCOUNT NO. 110-2211 CONTRACT AMOUNT $ 21,500.00 (NTE) PURCHASE ORDER NO. AGREEMENT BETWEEN CTTY OF CUPERTINO AND ~ Fehr and Peers Associates,Inc. FOR PROFESSIONAL SERVICES THIS IS AN AGREEMENT MADE AS OF J U I") a~3, BETWEEN CITY OF CUPERTINO (hereinafter referred to as CITY), and Fehr & Peers Associates, Inc (hereinafter referred to as Consultant). WITNESSETH: WHEIZEAS, CTTY intends to conduct a Traffic Impact Analysis for the Menlo Equities project at the northeast comer of Wolfe Rd and Stevens Creek Boulevard (hereinafter referred to as Project) and, WHEREAS, CITY requires certain professional services in connection with Project (hereinafter referred as Services); and WHEREAS, Consultant is qualified and prepared to provide such Services; NOW, THEREFORE, in consideration of the promises contained herein, the parties agree as follows: ARTICLE 1- SERVICES TO BE PERFORMED BY CONSULTANT 1.1 Specific Services and the associated scope of services, payment, schedule, and personnel will be defined in specific Task Order as mutually agreed by City and Consultant. 1.2 All Task Orders will by reference incorporate the terms and conditions on this Agreement, and become formal amendments hereto. ARTICLE 2 - COMPENSATION 2.1 For the full performance of the services described herein by Consultant, City shall pay Consultant based on a Time and Materials basis for a Cost Not To Exceed 21 500. Consultant shall submit monthly requisitions to City specifying the amount due for services performed by ConsultanYs staff and a list of incurred expenses for the past calendar month. Upon approval of the services performed PC/D WCI7'Y/FRMS/A92502 and the requisition, City shall pay Consultant in accordance with such requisition up to the agreed-upon maximum. 2.2 Reimbursement for mileage shall not exceed the prevailing Internal Revenue Service's standard mileage rate. 2.3 Consultant shall invoice City monthly for the actual costs incurred. If the Maximum Fee Ceiling is reached, the Consultant will complete the agreed-upon work for the Maximum Fee Ceiling. With City staff approval, labor hours may be reallocated within the tasks without renegotiation in such a manner so as not to exceed the Maximum Fee Ceiling. 2.4 The Consultant shall provide the City with a review of the budget amounts when 75 percent of the Cost Ceiling for any task has been expended. Consultant may request a revision in the Cost Ceiling for performance of this Agreement, and will relate the rationale for the revision to the specific basis of estimate as defined in the Scope of Services. Such notification will be submitted to the City at the earliest possible date. The authorized Cost Ceiling shall not be exceeded without written approval of the City. 2.5 Direct labor rates are subject to revision to coincide with ConsultanYs normal salary review schedule. Adjustments in direct labor rates shall not affect the firm ceiling without prior written authorization of the City. ARTICLE 3- PERIOD OF SERVICE xG 3.1 Consultant's services shall commence on ~ BOD~ and will continue until terminated by either party or until completion. 3.2 Consultant's services under this Agreement will be considered complete when the services are rendered and/or final deliverable is submitted and accepted by City. 3.3 If any time period within or date by which any of the ConsultanYs services are to be completed is exceeded through no fault of Consultant, all rates, measures and amounts of compensation and the time for compleHon of performance shall be subject to equitable adjustment. ARTICLE 4 - CPTY'S RESPONSIBILTTIES. City will do the following in a timely manner so as not to delay the services of Consultant. 4.1 Provide all criteria and full information as to Ciiy's requirements for the services assignment and designate in writing a person with authority to act on City's behalf on all matters concerning the Consultant's services. 2 4.2 Furnish to Consultant all existing studies, reparts and other available data pertinent to the Consultant's services, obtain or authorize, Consultant to obtain or provide additional reports and data as required, and furnish to Consultant services of others required for the performance of Consultant's services hereunder, and Consultant shall be entitled to use and rely upon all such informarion and services provided by City or others in performing Consultant's services under this Agreement. 4.3 Anange far access to and make all provisions for Consultant to enter upon public and private property as required for Consultant to perform services hereunder. 4.4 Perform such other functions as are indicated in each Task Order related to duties of City. 4.5 Bear all costs incident to compliance with the requirements of this Section. ARTICLE 5- STANDARD OF CARE 51 Consultant shall exercise the same degree of care, skill, and diligence in the performance of the Services as is ordinarily provided by a professional Consultant under similar circumstance and Consultant shall, at no cost to City, re-perform services which fail to satisfy the foregoing standard of care. ARTICLE 7 - SUBCONTRACTING 7.1 No subcontract shall be awarded by Consultant until prior written approval is obtained from the City. ARTICLE 8 - CONSULTANT-ASSIGNED PERSONNEL 8.1 Consultant shall designate in writing an individual to have immediate responsibility for the performance of the services and for all matters relating to performance under this Agreement. Key personnel to be assigned by Consultant will be stipulated in each Task Order. Substitution of any assigned person shall require the prior written approval of the City, which shall not be unreasonably withheld. If the City determines that a proposed substitution is not responsible or qualified to perform the services then, at the request of the City, Consultant shall substitute a qualified and responsible person. ARTICLE 9- OWNERSHII' OF DOCUMENTS 9.1 All work products, drawings, data, reports, files, esHmate and other such information and materials (except proprietary computer programs, including source codes purchased or developed with Consultant monies) as may be 3 accumulated by Consultant to complete services under this Agreement shall be owned by the City. 9.2 Consultant shall retain custody of all project data and documents other than deliverables specified in each Task Order, but shall make access thereto available to the City at all reasonable times the City may request. City may make and retain copies for informa6on and reference. 9.3 All deliverables and other information prepared by Consultant pursuant to this Agreement are instruments of service in respect to this project. They are not intended or represented to be suitable for reuse by City or others on extensions of this Project or on any other project. Any reuse without written verification or adaptation by Engineer for the specific purpose intended will be at City's sole risk and without liability or legal exposure to Consultant; and City shall indemnify and hold harmless Consultant against all claims, damages, losses, and expenses. including attorney's fees arising out of or resulting from such reuse. Any such verification or adaptation will entitle Consultant to fixrther compensation at rates to be agreed upon by City and Consultant. ARTICLE 10 - RECORDS OF LABOR AND COSTS 10.1 Consultant shall maintain for all Task Orders, records of labor and costs used in claims for compensation under this Agreement. Records shall mean a contemporaneous record of time for personnel;.a methodology and calculation of the Multiplier for fringe benefits and indirect costs; and invoices, time sheets, or other factors used as a basis for determining other nonlabor Project charges. These records must be made available to the City upon reasonable notice of no more than 48 hours during the period of the performance of this Agreement. 10.2 After delivery of. Services (completion of Task-Orders) under this Agreement, the ConsultanYs records of all costs used in claim's for compensation under this Agreement shall .be available to City's accountants and auditors for inspection and verificaHon. These records will be maintained by Consultant and made reasonably accessible to the City for a period of three (3) years after completion of Task Orders under this Agreement. 10.3 Consultant agrees to cooperate and provide any and all information concerning the Project costs which are a factor in determiiung compensation under this Agreement as requested by the City or any public agency which has any part in providing financing for, or authority over, the Services which are provided under the Agreement. 10.4 Failure to provide documentation or substantiation of all Project costs used as a factor in compensation paid under ArHde 2 hereof will be grounds for City to refuse payment of any statement submitted by the Consultant and for a back charge for any City funds, including interest from payment; or grant, matching 4 or other funds from agencies assisting City in financing the Services specified in this Agreement. ARTICLE II - INSURANCE Consultant shall provide and maintain at all times during the performance of the Agreement the following insurances: 11.1 Workers' Compensation and Employer's Liability Insurance for protection of ConsultanYs employees as required by law and as will protect Consultant from loss or damage because of personal injuries, including death, to any of his employees. 11.2 Comprehensive Automobile Liability Insurance. Consultant agrees to carry a Comprehensive Automobile Liability Policy providing bodily injury liability. This policy shall protect Consultant against all liability arising out of the use of owned or leased automobiles both passenger and commercial. Automobiles, trucks, and other vehicles and equipment (owned, not owned, or hired, licensed or unlicensed for road use) shall be covered under this policy. Limits of liability for Comprehensive Automobile Liability Insurance shall not be less than $1,000,000 Combined Single Limit. 11.3 Comprehensive General Liabilitv. Insurance as will protect Consultant and City from any and all claims for damages or personal injuries, including death, which may be suffered by persons, or for damages to or destruction to the property of others, which may arise from the Consultant's operations under this Agreement, which insurance shall name the City as additional insured. Said insurance shall provide a minimum of $1,000,000 Combined Single Limit coverage for personal injury, bodily injury, and property damage for each occurrence arid aggregate. Such insurance will insure Consultant and City from any and all claims arising from the following: 1. Personal injury; 2. Bodily injury; 3. Property damage; 4. Broad form property damage; 5. Independent contractors; 6. Blanket contractual liability. 11.4 Consultant shall maintain a policy of professional liability insurance, protecHng it against claims arising out of negligent acts, errors, or omissions of Consultant pursuant to this Agreement, in an amount of not less than $1,000,000. The said policy shall cover the indemnity provisions under this Agreement. 5 11.5 Consultant agrees to maintain such insurance at Consultant's expense in full force and effect in a company or companies satisfactory to the City. All coverage shall remain in effect until completion of the Project. 11.6 Consultant will furnish the City with certificates of insurance issued by Consultant's insurance carrier and countersigned by an authorized agent or representative of the insurance company. The certificates shall show that the insurance will not be cancelled, altered, or reduced without at least thirty (30) days' prior written notice to the Ci The certificates for liability insurance will show that liability assuxned under t is Agreement is included. aYce~{- ndl~l~~ay~ iK WhiG(~t Cq.~ ARTICLE 12 - LIABILITY AND INDEMNIFICATION ~ p d~ f n a~hT,C wi I I(~e 9~y~ , 12.1 Having considered the risks and potential liabilities that may exist during the performance of the Services; and in consideration of the promises included herein, City and Consultant agree to allocate such liabilities in accordance with this Article 12. Words and phrases used in this Article shall be interpreted in accordance with customary insurance indushy usage and practice. fo I~ht tx~t~..-!' 12.2 Consultant shall indemnify and save har ss and defend the City and all of their agents, officers, and employees fro and against all claims, demand, or cause of acrion arising out of negligent error, omission, or act of Consultant, its agents, servants, or employees in the performance of its services under this Agreement. 12.3 In the event an action for damages is filed in which negligence is alleged on the part of City and Consultant, Consultant agrees to defend City. In the event City accepts ConsultanYs defense, City agrees to indemnify and reimburse Consultant on a pro rata basis for all expenses of defense and any judgment or amount paid by Consultant in resolution of such claim. Such pro rata share shall be based upon a final judicial determination of negligence or, in the absence of such determination, by mutual agreement. 12.4 Consultant shall indemnify City against legal liability for damages arising out of claims by ConsultanYs employees. City shall indemnify Consultant against legal liability for damages arising out of claims by City's employees. 12.5 Indemnity provisions will be incorporated into all Project contraciual arrangements entered into by City and will protect City and Consultant to the same extent. 12.6 Upon completion of all services, obligations and duties provided for in the Agreement, or in the event of termination of this Agreement for any reason, the terms and conditions of this Article shall survive. 129 To the maximum extent permitted by law, ConsultanYs liability for City's 6 damage will not exceed the aggregate compensation received by Consultant under this Agreement or the maximum amount of professional liability insurance required by this Agreement, which ever is greater. ARTICLE 13 - INDEPENDENT CONTRACTOR Consultant undertakes performance of the Services as an independent contractor and shall be wholly responsible for the methods of performance. City will have no right to supervise the methods used, but City will have right to observe such performance. Consultant shall work closely with City in performing Services under this Agreement. ARTICLE 14 - COMPLIANCE WITH LAWS In performance of the Services, Consultant will comply with applicable regulatory requirements including federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. Consultant shall procure the permits, certificates, and licenses necessary to allow Consultant to perform the Services. Consultant shall not be responsible for procuring permits, certificates, and licenses required for any construction unless such responsibilities are specifically assigned to Consultant in Task Order. ARTICLE 15 - NONDLSCLOSURE OF PROPRIETARY INFORMATION Consultant shall consider all information provided by City and all drawings, reports, studies, design calculations, specifications, and other documents resulting from the Consultant's performance of the Services to be proprietary unless such information is available from public sources. Consultant shall not publish or disclose proprietary information for any purpose other than the performance of the Services without the prior Written authorizaHon of City ar in response to legal process. ARTICLE 16 - TERMINATION OF CONTRACT 16.1 The obligation to continue Services under this Agreement may be terminated by either party upon seven days written notice in the event of substantial failure by the other party to perform in accordance with the terms hereof through no fault of the terminating party. 16.2 City shall have the right to terminate this Agreement or suspend performance thereof for City's convenience upon written notice to Consultant, and Consultant shall terminate or suspend performance of Services on a schedule acceptable to City. If this agreement is suspended or terminated for fault of Consultant, City shall be obligated to compensate Consultant only for that portion of Consultant's services which are of benefit to City. In the event of termination of suspension for City's convenience, City will pay Consultant for all services performed and costs incurred including termination or suspension expenses. Upon restart of a 7 suspended project, equitable adjustment shall be made to ConsultanYs compensation. 16.3 Upon such suspension or termination, Consultant shall turn over to the City Manager immediately any and all copies of studies, sketches, drawings, computations, and other data, whether or not completed, prepared by Consultant or its subcontractors, if any, or given to Consultant or its subcontractors, if any, in connection with this agreement. Such materials shall become the perxnanent property of City. Consultant, however, shall not be liable for City 's use of incomplete materials or for City 's use of complete documents if used for other than the project contemplated by this agreement. 16.4 Consultant shall furnish City with every reasonable opportunity for City to ascertain that the services of Consultant are being performed in accardance with the requirements and intentions of this agreement. All work done and all materials furnished, if any, shall be subject to the Project Manager's inspection and approval. The inspection of such work shall not relieve Consultant of any of its obligations to fulfill its agreement as prescribed. 16.5 Failure of City to agree with ConsultanYs independent findings, conclusions, or recommendaHons, if the same are called for under this agreement, on the basis of difference in matters of judgment shall not be construed as a failure on the part of Consultant to meet the requirements of this agreement. ARTICLE 17 - UNCONTROLLABLE FORCES 17.1 Neither City nor Consultant shall be considered to be in default of this Agreement if delays in or failure of performance shall be due to uncontrollable forces, the effect of which, by the exercise of reasonable diligence, the nonperforming party could not avoid. The term "uncontrollable forces" shall mean any event which results in the prevention or delay of performance by a party of its obligaHons under this Agreement and which is beyond the control of the nonperforming party. It includes, but is not limited to, fire, flood, earthquake, storms, lightening, epidemic, war, riot, civil disturbance, sabotage, inability to procure permits, licenses, or authorizations from any state, local, or federal agency or person for any of the supplies, materials, accesses, or services required to be provided by either City or Consultant under this Agreement, strikes, work slowdowns or other labor disturbances, and judicial restraint. 17.2 Neither party shall, however, be excused from performance if nonperformance is due to uncontrollable forces which are removable or remediable, and which the nonperforming party could have, with the exercise of reasonable diligence, removed or remedied with reasonable dispatch. The provisions of this Article shall not be interpreted or construed to require Consultant or City to prevent, settle, or otherwise avoid a strike, work slowdown, or other labor action. The nonperforming party shall, within a reasonable time of being prevented or 8 delayed from performance by an uncontrollable force, give written noHce to the other party describing the circumstances and uncontrollable forces preventing continued performance of the obligations of this Agreement. The Consultant will be allowed reasonable negotiated extension of time or adjustments for City uutiated temporary stoppage of services. ARTICLE 18 - MLSCELLANEOUS 18.1 A waiver by either City or Consultant of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respectto any other orfurther breach. 18.2 The invalidity, illegality, or unenforceability of any provision of this Agreement, or the occurrence of any event rendering any portion or provision of this Agreement void, shall in no way effect the validity or enforceability of any other portion or provision of the Agreement. Any void provision shall be deemed severed from the Agreement and the balance of the Agreement shall be construed and enforced as if the Agreement did not contain the particular portion or provision held to be void. ARTICLE 19 - INTEGRATION AND MODIFICATION 19.1 This Agreement (consistin~ of ~ages 1 to 12 including Attachment A), together with all Task Orders executed by the undersigned, is adopted by City and Consultant as a complete and exclusive statement of the terms of the Agreement betcveen City and Consultant. This Agreement supersedes all prior agreements, contracts, proposals, representations, negotiations, letters, or other communications between the City and Consultant pertaining to the Services, whether written or oral. 19.2 The Agreement may not be modified unless such modifications are evidenced in writing signed by both City and Consultant. ARTICLE 20-SUCCESSORS AND ASSIGNS 20.1 City and Consultant each binds itself and its directors, officers, partners, successors, executors, adininistrators; assigns and legal representatives to the other party to this Agreement and to the partners, successors, executors, administrators, assigns, and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this Agreement. 20.2 Neither City nor Consultant shall assign, sublet, or transfer any rights under or interest in (including, but without limitation, monies that may become due or monies that are due) this Agreement without the written consent of the other, except to the extent that the effect of this limitaflon may be restricted by law. 9 Unless specifically stated to the contrary in any written consent to an assigiunent, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Consultant from employing such independent consultants, associates, and subcontractors as he may deem appropriate to assist him/her in the performance of the Services hereunder and in accordance with Article 7. 20.3 Nothing herein shall be consfrued to give any rights or benefits to anyone other than City and Consultant. ARTICLE 21- EXECUTION IN WITNESS THEREOF, the parties hereto have made and executed this Agreement as of the day and year first above written. CTTY OF CUP RTINO n r-e~r l~eers ff~~-~s S~C. (CONSULTANT) ` By: . Sak r~ d P.~s I, «I 2~, ~~~3 Title: 5r . ~<sZ~ccG't~~ Date: S ~ Date: ~ Z~, ~'~l'J CHARLES T. KILIAN LEGAL COUNSEL ~ ' By: % ~ Legal Counsel 10 AGREEMENT BETWEEN CITY OF CUPERTINO AND FEHIt & PEERS ASSOCIATES, INC. FOR PROFESSIONAL SERVICES Dated 1. PURPOSE - A Traffic Impact. Circulation and Parking Anal, si~ the Menlo Equities project at the northeast corner of Wolfe Road and Stevens Creek Boulevard. 2. PROIECT COORDINATION - (a) C~. The City Manager shall be representative of City for all purposes under this agreement. Aarti Shrivastava hereby is designated as the Project Manager for the City Manager, and shall supervise the progress and execution of this agreement. 3. SCOPE OF SERVICES & DUTIES OF CONSULTANT. (a) Services to be Furnished. Consultant shall provide all specified services as set forth in Exhibit A Scope of Work. (b) Laws to be Observed. Consultant shall: 1. Procure all permits and licenses, pay all charges and fees, and give all notices which may be necessary and incident to the due and lawful prosecution of the services to be performed by Consultant under this agreement; 2. Keep itself fully informed of all existing and fuhzre federal, state, and local laws, ordinances, regulations, orders, and decrees which may affect those engaged or employed under this agreement, any materials used in Consultant's performance under this agreement, or the conduct of the services under this agreement; 3. At all times observe and comply with, and cause all of its subcontractors and employees, if any, to observe and comply with, all of said laws, ordinances, regularions, orders, and decrees mentioned above; 4. Immediately report to the Project Manager in writing any discrepancy or inconsistency it discovers in said laws, ordinances, regulations, orders, and decrees mentioned above in relation to any pians, drawing, specifications, or provisions of this agreement. (c) Release of Reports and Information. Any reports, information, data, or other material given to, or prepared or assembled by, Consultant or its subcontractors, if any, under this agreement shall be the property of City 11 and shall not be made available to any individual or organization by Consultant or its subcontractors, if any, without the prior written approval of the City Manager. (d) If City requests additional copies of reports, drawings, specifications or any other material which Consultant is required to furnish in limited quanHties as part of the services under this agreement, Consultant shall provide such additional copies as are requested and City shall compensate Consultant for the costs of duplicating of such copies at Consultant 'S cost. (e) Consultant shall provide City with one electronic copy, one photocopy- ready original, and seven (7) bound copies of the final report required under this agreement upon compleHon and acceptance of the report by City. The Traffic Impact Analysis shall be written in a clear and concise manner that can be easily understood by the general public. T'he report shall be illustrated with charts, maps, graphs and photographs to clarify and sturunarize the information. All photographic informaHon should be scanned images and/or digital images. 12 Attachment A SCOPE OF WORK Transportation Impact Analysis for the Menlo Equities Project in Cupertino The proposed project consists of 117 residential condominiums and 8,400 square feet of retail space to be added to a site with an existing office development. The project site is located at the northeast corner of the Stevens Creek Boulevard and Wolfe Road intersection in Cupertino, California. The project site is currently occupied by 103,000 square feet of office space. The proposed project would be built on the existing parking lot, and parking would be shared with the office. T'he 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 and freeway segments. The following intersections will be included in the analysis: 1. Wolfe Road/I-280 Northbound ramps 2. Wolfe Road/I-280 Southbound ramps 3. Stevens Creek Boulevard/Wolfe Road 4. Stevens Creek Boulevard/Finch 5. Wolfe Road/Vallco Road 6. Wolfe Road/Homestead Road 7. Stevens Creek Boulevard/De Anza Boulevard 8. Stevens Creek Boulevard/Tantau 9. Stevens Creek Boulevard/Lawrence SB off-ramp 10. Stevens Creek Boulevard/Lawrence NB ramps 11. Wolfe Road/Pruneridge Avenue 12. Homestead Road/Tantau Based on the location of the project site, the following freeway segments will be included in the analysis: 1. I-280, Wolfe Road to Lawrence Expressway 2. I 280, Hwy 85 exit to Wolfe Road The operations of the key intersections will be evaluated during the morning (AM) 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. 13 Scenario 3: Project Conditions - Background volumes plus traffic generated by the proposed 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 plus traffic from approved projects, the proposed project, and pending projects. This analysis scenario is required by the Congestion Management Agency. The tasks to be conducted in the analysis are: Task 1- Prepare Trip Esrimates and Finalize Scope of Work with City of Cu ep rtino The amount of traffic generated by the proposed project will be esHmated using standard Institute of Transportation Engineers (ITE) trip generation rates. The directions trips use to approach and depart from the site will be estimated based on existing travel patterns and relative locaHons 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 Data/Existing Conditions The physical characterisHcs of the site and the surrounding transportation network will be reviewed during a site visit to identify existing roadway cross-sections, intersection lane configuraHons, traffic control devices, surrounding land uses, and the locarions 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 sixteen new counts. Additional counts will be conducted at an estimated cost of $300 each. 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. Task 3- Evaluate Background Conditions Future traffic volumes from approved (but not yet constructed and occupied) 14 developments, to be provided by city staff, will be estimated and assigned to the roadway network. Level of service calculations will be conducted to evaluate intersection operarions under Background Conditions. 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. The project trips will be added to the background traffic volumes to represent Project Conditions. Intersection level of service calculations will be conducted to esrimate the operaring levels of the study intersections during the AM and PM peak hours after completion of the proposed project. 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. 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 Condirions. If significant impacts are identified, feasible mitigation measures will be recommended. Measures could include physical improvements, such as adding lanes to intersections and installing fraffic signals, or methods to modify the traffic demand of the project, such as reducing the size of the project or instituting Transportation Demand Management (TDM) 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 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. Parking for the proposed project is expected to include shared parking with the existing office buildings. A comparative parking analysis using the following: 1. A shared parking analysis for the project site will be conducted using the hourly variation data included in the Urban Land Instittxte's Shared Parking. 2. Site utilization survey and available survey data from office and residential developments in the Bay Area. The site utilization survey will be conducted at four different times on a Tuesday, Wednesday or Thursday during the mid- morning (10:00 am to 11:00 am) and mid-afternoon (1:00 pm to 3:00 pm) periods. These days and periods coincide with the typical peak parking demands for office space. 3. City shared parking analysis table (modify for larger developments and add residential component - see Civic Pazk or Tra Vigne analysis at Stevens Creek and Blaney). 15 Based on the shared parking analysis, adequacy of the proposed parking supply will be determined. Task 7- 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. Level of service calculations will be conducted to evaluate the operations of the key intersections. This analysis scenario is required by the VTA. Task 8- Neighborhood impacts and mitigations The amount of project traffic likely to intrude into the nearby residential sfreets will be estimated. Mitigation measures to minimize project impacts will be addressed. 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 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 ten staff hours to respond to city staff comments. Responding to comments requiring additional technical analysis will be conducted as an additional service. 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 lunited to preparing conceptual designs of proposed mitigation measures, conducting more than sixteen 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. 16