Loading...
15-123 Fehr & Peers for the Transportation Impact Analysis for the Hamptons ProjectFIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FEHR & PEERS FOR TRANSPORTATION IMPACT ANALYSIS FOR THE HAMPTONS PROJECT This First Amendment to the Agreement between the City of Cupertino and Fehr & Peers, for reference dated April 25 , 2016, is by and between the CITY OF CUPERTINO, a municipal corporation (hereinafter "City") and Fehr & Peers a California Corporation ("Consultant") whose address is 160 West Santa Clara Street, Suite 675 , San Jose, California 95113 , and is made with reference to the following: RECITALS: A. On July 10, 2015 , an agreement was entered into by and between City and Consultant (hereinafter "Agreement") for transportation impact analysis for the Hamptons project. . B. City and Consultant desire to modify the Agreement on the terms and conditions set torth 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 for as set forth in the Agreement, as well as each and every service as set fot1h in Exhibit A , attached hereto and incorporated herein by this reference. Paragraph 3 of the Agreement is modified to read as follows: Consultant shall be compensated for services performed pursuant to this Agreement an additional NINE THOUSAND FIVE HUNDRED dollars ($9 ,500 .00) in a total amount not to exceed FIFTY SEVEN THOUSAND FIVE HUNDRED dollars ($57,500 .00) based on the rates and terms set f011h in Exhibit A , which is attached hereto and incorporated herein by this reference. 2 . The following Exhibit to the Agreement, Additional Services to read as shown in the attachments to this Amendment: a . Exhibit "A,"-Additional Services for the Proposed Hamptons Apartment Complex in Cupe11ino , California 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. IN WITNESS WHEREOF, the parties hereto have caused this modification of Agreement to be executed. CONSULTANT CITY OF CUPERTINO A Municipal Corporation By :///dt~ Title ,(J[;j[-t!/TY#AAIA~ RECO~EN..PE;~FOR APPROVAL: By :_~~~~~-~~- Title "'3£N,t "IL Pl.-A-N tv€fl._ EXPENDITURE DISTRIBUTION ACCOUNT NUMBER PO #2016-142 Account #: 100-71-701 900-995 Original Contract Amendment #1 Total: AP ~OFORM: ~ity Attorney A~.. ' fOr CityClerk ~ AMOUNT $48,000.00 $9,500.0 0 $57,500.00 •" .,, -r .. -_,.' I . ' ' April 25, 2016 Catarina Kidd City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 FEHR ~PEERS Subject: Additional Services for the Proposed Hamptons Apartment Complex in ___ Cupertino, California Dear Ms . Kidd : Exhibit A Fehr & Peers is pleased to submit this add-on request for the Hamptons Apartment Complex Project. Specifically, this add-on includes transportation consulting to prepare a parking study for The Hamptons. The purpose of this stud y is to determine the adequacy of the Hampton 's proposed parking rate of 1.8 parking spaces per unit. Based on the results of par king analyses at similar apartment comple xes i n Cupertino, we will determine if the proposed parking rate is adequate. Fehr & Peers proposes to conduct parking surveys at two locations: 1) at the existing Hampton property and 2) at the Biltmore Apartments located at Stevens Creek Boulevard and Blaney Avenue . The parking surveys will be conducted on one weekday for each property during the late night (e.g . midnight to 3 A.M), to capture the highest number of parked vehicles during a typical day. Additionally, we will qualitati vely assess parking at the adjacent apartment comple x, Arioso Apartments . Results of the study will be documented in a brief memorandum. We w i ll prepare the study and memorandum for a fi xed fee of $9 ,500 . Our fee in cludes responding to one set of consolidated comments to prepare the final parking memo. This does not inc l ude any additional time to attend public hearing s, which is included in our original scope of work. It is ou r understanding that the study will need to be completed by May 4, 2016, to meet the Planning Commission meeting date on Thursda y, May 10. In order to meet this deadline, we will need a fully executed amendment by Tuesday, April 26 . This agreement will be governed by the terms of our Agreement dated August 6, 2014 . 160 W Santa Clara Street I Suite 675 I San Jose, CA 95113 I (408) 278-1700 I Fax (408) 278-1717 www. fehra nd peers.com Catarina Kidd April 25, 201 Page 2 of 2 Should you have any questions, please feel free to call me at (408) 645-7019. Otherwise, please provide a contract amendment at your earliest convenience. We appreciate the opportunity to continue to work with you on this project. Sincerely, FEHR & PEERS Franziska Church, AICP Associate 5)75-7672 AGREEMENT BETWEEN THE CITY OF CUPERTINO AND FEHR& PEERS FOR TRANSPORTATION IMPACT ANALYSIS FOR THE HAMPTONS PROJECT THIS AGREEMENT, is entered into this 10th day of July, 2015, by and between the CITY OF CUPERTINO, a California municipal corporation ("City"), and Fehr & Peers, a California Corporation whose_address is 160 W Santa Clara Street, Suite 675, San Jose, California 95113 (hereinafter referred to as "Consultant") (collectively referred to as.the "Parties"). RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry onits business as it is now 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. C. Consultant possesses the skill, experience, 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 transportation impact analysis for the Hamptons project upon the terms_and conditions herein. NOW, THEREFORE,the Parties mutually agree as follows: 1. TERM The term of this Agreement shall commence on July 10, 2015, and shall terminate on June 30, 2017,unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED Consultant shall perform each and every service for as set forth in Exhibit "A", attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT Consultant shall be compensated for services performed pursuant to this Agreement in a total amount not to exceed FORTY EIGHT THOUSAND dollars 48,000.00) based on the rates and terms of Phase 1, Tasks A, B and C as set forth in Exhibit "A," which is attached hereto and incorporated herein by this reference. 4. TIME IS OF THE ESSENCE Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. INDEPENDENT PARTIES City and Consultant intend that the relationship between them created by this Page 1 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 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. 6. 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 IBCA 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. 7. NON-DISCRIMINATION Consistent with City's policy prohibiting harassment and discrimination, Consultant agrees that it shall not harass or discriminate against 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, sexual orientation, or any other protected class. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS Standard Indemnification: Consultant shall, to the fullest extent allowed by law and without limitation of the provisions of this Agreement related to insurance, 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, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the negligent performance of this Agreement by 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. The acceptance of the Services by City shall not operate as a waiver of the right of indemnification. The provisions of this Section survive the completion of the Services or termination of this Contract. 9. INSURANCE: A. General Requirements. On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, Page 2 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with the requirements listed in Exhibit"D". 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." 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. 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 or maintain insurance. 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 Cupertino 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 &P represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. F. Maximum Coverage and Limits. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements and/or limits shall be available to the additional insured City. Furthermore, the requirements for coverage and limits shall be the minimum coverage and limits specified in this Agreement, or the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured,whichever is greater. Page 3 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 10. CONFLICT OF INTEREST Consultant warrants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, that would conflict in any way with the performance of this Agreement, and that it will not employ any person having such an interest. Consultant agrees to advise City immediately if any conflict arises and understands that it 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. 11. 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 joint 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. 12. SUBCONTRACTOR APPROVAL Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to fiirnish 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.. Consultant agrees to include with all subcontractors in their subcontract the same requirements and provisions of this Agreement including the indemnity and insurance requirements to the extent they apply to the scope of the subcontractor's work. Subcontractors hired by Consultant agree to be bound to Consultant and City in the same manner and to the same extent as Consultant is bound to City under this Agreement. Subcontractor further agrees to include these same provisions with any sub- subcontractor. A copy of the Owner Contract Document Indemnity and Insurance provisions will be furnished to the subcontractor upon request. Consultant shall require all subcontractors to provide a valid certificate of insurance and the required endorsements included in the agreement prior to commencement of any work and will provide proof of compliance to City. Page 4 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 13. PERMITS AND LICENSES Consultant, at his/her sole expense, shall obtain and 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. 14. 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 City deems 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. 15. 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, 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 Consultant receives final payment from City for all services required under this agreement. 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 Page 5 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 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. 16. NONAPPROPRIATION This Agreement is subject to the fiscal provisions of the Cupertino Municipal Code and Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition; or provision of this Agreement. 17. ENVIRONMENTALLY PREFERABLE PURCHASING Consultant shall comply with the City's Environmentally Preferable Procurement Policy whenever practicable in completing any work under this agreement, including but not limited to: Using paper products made with recycled content and recycled/remanufactured toner and ink jet cartridges; Printing with soy or low volatile organic compounds (VOC) inks; Using energy-star compliant equipment; Using.cleansers and working with janitorial contractors to meet Green Seal's Industrial and Institutional Cleaners Standard; and Ordering supplies electronically and practicing other internal waste reduction and reuse protocols. 18. 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 shall be addressed as follows: TO CITY: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Aarti Shrivastava,Assistant City Manager TO CONSULTANT: Fehr&Peers 160 W Santa Clara Street, Suite 675 San Jose,CA 95113 Attention: Jane A.Bierstedt,P.E.,Principal Page 6 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 19. 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 Consultant fails to cure the default within the time specified and according to the requirements set forth in City's written notice of default, and in addition to any other remedy available to the City by law, the City Manager may terminate the Agreement by giving Consultant written notice thereof, which shall be effective immediately. The City Manager shall also have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven(7) calendar days'prior written notice to Consultant as provided herein. Upon receipt of any notice of termination, Consultant shall immediately discontinue performance. City shall pay Consultant for services satisfactorily performed up to the effective date of termination. If the termination if for cause, City may deduct from such payment the amount of actual damage, if any, sustained by City due to Consultant's failure to perform its material obligations under this Agreement. Upon termination, Consultant shall immediately deliver to the City any and all_ copies of studies, sketches, drawings, computations, and other material or products, whether or not completed, prepared by Consultant or given to Consultant, in connection with this Agreement. Such materials shall become the property of City. 20. COMPLIANCE Consultant shall comply with all state or federal laws and all ordinances, rules, policies and regulations enacted or issued by City. 21. 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 of 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 Superior Court of the County of Santa Clara, State of California. 22. 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. 23. 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. Page 7 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 24. INTEGRATED CONTRACT This Agreement represents the full and complete understanding of every kind or nature whatsoever between the Parties, 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. AUTHORITY The individual(s) executing this Agreement represent and warrant that they have the legal capacity and authority to do so on behalf of their respective legal entities. 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. 27. CAPTIONS AND TERMS 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. All unchecked boxes do not apply to this Agreement. IN WITNESS WHEREOF,the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO Fehr&Peers A Municipal C rporation Biehe By T L.,1 Title D r'1 I t s Date Over$1 4000-C unci]/Approval Required Over$45,000-Department Head Approval Required Up to$45,000-Designated Supervisor Approval Required RECOMMENDED OR APPROVAL 6 0 iv astava,AssistanfCity Manager Page 8 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 OV AS TO FORM: ATTEST:rP c City Attorney City Clerk Exhibits: (Check box for exhibits that apply to this contract and attach) Exhibit"A"- Scope of Services, Schedule of Performance and Compensation Exhibit`B"- Schedule of Performance Exhibit"C"- Compensation 0 Exhibit"D"-Insurance Requirements and Proof of Insurance Exhibit"E"-Mandated Reporting Acknowledgement Exhibit"F"-Background/Fingerprint/TB Declaration Exhibit"G"-Nondiscrimination- State/Federal/HUD funded project Exhibit"H"—Request for City Manager to Waive Informal Bidding Requirements EXPENDITURE DISTRIBUTION ACCOUNT NUMBER AMOUNT PO #2016-142 Account#: 100-71-701900-995 48,000.00 Total: 48,000.00 Page 9 of 10 Consultant contract- Fehr & Peers, Hamptons Transportation Impact Analysis, 7-10-15 Exhibit'A FEHR/ PEERS July 10,2015 Tiffany Brown City of Cupertino 10300 Torre Ave Cupertino, CA 95014 Subject:Proposal to Prepare a Focused Transportation Impact Analysis for the Hamptons Apartment Complex in Cupertino, California Dear Ms. Ghosh: Fehr & Peers is pleased to submit this proposal to prepare a transportation impact analysis (TIA) for the Hamptons Apartment Complex in Cupertino, California. The 12.4-acre apartment complex is located at the south-east corner of the Wolfe Road/Pruneridge Avenue intersection directly adjacent to the new Apple Campus 2 that is under construction.The Hamptons currently has 342- units and is proposing to redevelop the site and increase the number of dwelling units by 600 units to 942 units. The scope of work is based on information provided by you and VTA's requirements for TIAs and our knowledge of the study area. We have extensive knowledge of the study area through our recent work on the Apple Campus 2 project. The fee for the attached scope of work (Attachment A) is $44,000, and includes all professional and support staff time, as well as direct expenses.Invoices will be submitted monthly and are due upon receipt. For an additional fee of $4,000 we can evaluate construction period intersection operations as outlined in the optional task in Task 8. We estimate that we can complete the TIA within eight weeks after our receipt of a fully executed contract, a final site plan, and background data from the City. 160 W Santa Clara Street I Suite 675 1 San Jose,CA 95113 1 (408)278-1700 Fax(408)278-1717 www.fehrandpeers.com Tiffany Brown July 10, 2015 Page 2of10 Should you have any questions, please call Franziska at(408) 645-7014. Otherwise, please provide us with a contract. The terms of this proposal are valid for a period.of 30 days. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. Sincerely, FEHR.&PEERS CL-' r Franziska Church,AICP ne A. Bierstedt, P.E. Associate Principal P14-2866-SJ Attachments FEHR / PEERS Attachment A SCOPE OF WORK Transportation Impact Analysis for the Hamptons Apartment Complex in Cupertino, California July 10, 2015) The 12.4-acre apartment complex is located at the south-east corner of the Wolfe Road/Pruneridge Avenue intersection directly adjacent to the new Apple Campus 2 that is under construction. The Hamptons currently has 342-units and is proposing to redevelop the site and increase the number of dwelling units by 600 units to 942 units. The purpose of this transportation impact analysis (TIA) is to identify potentially significant adverse impacts of the proposed project on the surrounding transportation system and to recommend mitigation measures, if needed. The increased housing density at the Hamptons' site was recently evaluated as part of the City of Cupertino's General Plan Update and associated EIR. Thus this analysis will tier off of the General Plan EIR and only evaluate Existing and Background conditions without and with the proposed project. The impacts will be evaluated following guidelines of the City of Cupertino and the Santa Clara Valley Transportation Authority (VTA), the congestion management agency for Santa Clara County.This TIA will follow the most recently adopted VTA analysis guidelines (October,2014). Analysis Locations Based on our preliminary assessments 'of trip generation and trip distribution, the following intersections and freeway segments have been proposed for the analysis. Study Intersections: Intersections where the project is anticipated to add more than ten trips per lane were selected for analysis. 1) Wolfe Road/El Camino Real (SUN/CMP) 2) Wolfe Road/Fremont Avenue(SUN) 3) Wolfe Road/Marion Way(SUN) 160 W Santa Clara Street I Suite 675 1 San Jose,CA 95113 1(408)278-1700 1 Fax(408)278-1717 www.fehrandpeers.com 4) Wolfe Road/Inverness Avenue(SUN) 5) Wolfe Road/Homestead Road (CUP) 6) Wolfe Road/Apple Campus 2 (CUP) 7) Wolfe Road/Pruneridge Avenue(CUP) 8) Wolfe Road/I-280 Ramps (north) (CUP/CMP) 9) Wolfe Road/I-280 Ramps(south) (CUP/CMP) 10) Wolfe Road/Vallco Parkway(CUP) 11) Wolfe Road/Stevens Creek Boulevard (CUP/CMP) 12) De Anza Boulevard/Stevens Creek Boulevard(CUP/CMP) 13) Tantau Avenue/Homestead Road (CUP) 14) Tantau Avenue/Vallco Parkway(CUP) 15) Tantau Avenue/Stevens Creek Boulevard (CUP) 16) Lawrence Expressway/Homestead Road (CMP/EX) CMP= Congestion Management Program(CMP)Intersection EX=County of Santa Clara Intersection(Expressway System) CUP=City of Cupertino Intersection SUN= City of Sunnyvale Intersection Freeway Segments: Freeway segments where the project is anticipated to add more than one percent of the segment's capacity were selected for analysis. I-280(Northbound and Southbound) Saratoga Avenue to Lawrence Expressway Lawrence Expressway to Wolfe Road Wolfe Road to De Anza Boulevard De Anza Boulevard to SR 85 The study locations will be finalized in Task 1 and as needed we will revise our scope and budget accordingly. Analysis Scenarios The operations of the study intersections will be evaluated during the weekday morning (AM) and weekday evening (PM) peak hours for the following scenarios: Scenario 1: Existing Conditions—Existing volumes obtained from counts. Scenario 2: Existing Plus Project Conditions — Scenario 1 volumes plus traffic generated by the proposed project. Scenario 3: Background Conditions—Existing volumes plus traffic from "approved but not yet built"and "not occupied"developments in the area. Scenario 4: Background Plus Project Conditions — Scenario 3 volumes plus traffic generated by the proposed project. Per VTA guidelines, a transit vehicle delay analysis will be conducted for project conditions and project impacts on bicycle and pedestrian facilities will also be addressed. Fehr & Peers will complete the following tasks to evaluate the transportation impacts of the proposed project. Task I—Prepare Initial Trip Generation Estimations and Finalize Scope of Work Under this task, we will develop gross trip generation estimates for the project site by applying appropriate trip generation rates to the number of dwelling units proposed. As part of the Apple Campus 2 project, we collected driveway counts at the Hamptons' driveways on November 17, 2011 and we will use those counts to develop site-specific trip generation rates. We will compare those rates to the apartment (ITE Land Use Code 210) rates published in the Institute of Transportation Engineers' (ITE) Trip Generation, 9th Edition (2012). Secondly, we will develop adjusted trip generation estimates to account for residents walking to work at Apple 2 Campus site. We will work with the project team to develop a trip generation reduction factor that reflects the anticipated level of Apple employees who would live at the Hamptons. Finally, we will develop net new trip generation estimates, by subtracting the trip generation estimates for the Hamptons' current 342-units from the adjusted trip generation estimates. The direction trips use to approach and depart from the site will be estimated based on existing travel patterns, previous traffic studies for similar land uses, and the relative location of complementary land uses. Based on this, the net-added site-generated traffic will be assigned to the roadway system based on the directions of approach and departure. The vehicle trip generation, trip distribution, and trip estimates will be submitted to City of Cupertino staff for review and approval. The study locations and Project trip estimates may be refined based on City comments. Task 2—Data Collection The study area generally extends along Wolfe Road between EI Camino Real and Stevens Creek Boulevard. Segments along Homestead Road and Stevens Creek Boulevard are also included as part of the study area. Data requirements for the study area are listed below. Existing AM and PM peak period intersection counts(including pedestrian, bicycle,and vehicular turning movement volumes) Existing and planned roadway geometries and traffic controls Existing and planned transit service and facility descriptions Existing and planned pedestrian and bicycle facility descriptions List of approved and pending development projects to account for local growth in the area (to be supplied by City of Cupertino,Sunnyvale, and Santa Clara) This scope assumes that we will use available 2015 intersection turning movement count data and now new data will be collected as part of this scope. There is a substantial amount of construction activity along Wolfe Road and Homestead Road due to the Apple Campus 2 project and we will compare the available 2015 counts results from the Wolfe Road corridor to those from 2011 to determine the appropriate count source. We will rely on our observations for the Apple Campus 2 project and aerial imagery to determine the physical characteristics of the roadways within the study area, including existing roadway cross-sections, intersection lane configurations, and traffic control devices. Surrounding land uses, and the locations of pedestrian, bicycle, and transit facilities will also be verified. Task 3—Evaluate Existing Conditions We will use the level of service (LOS) method approved by VTA and the City of Cupertino, based on the 2000 Highway Capacity Manual, to analyze the study intersections and freeway segments. Operations of the study intersections will be evaluated for mid-week AM and PM peak hour with level of service calculations using TRAFFIX analysis software. Existing freeway segment operations will be obtained from the most recent CMP monitoring report. Task 4—Existing Plus 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. Project trips will be added to the existing traffic volumes developed in Task 3 to represent Existing plus Project Conditions. Calculations will be conducted to estimate the LOS of the study intersections during the AM and PM peak hours with completion of the proposed project.AM and PM peak hour freeway segment level of service calculations will be evaluated following VTA guidelines. Left turn lane queueing evaluations will be conducted at up to five(5) left turns for the AM and PM peak hours. Task 5—Background Conditions Traffic projections for approved developments will be obtained from City staff or estimated using ITE trip generation rates to account for local growth in the area. These regional and local projections will be added to the existing volumes to estimate traffic volumes for Background Conditions. Planned and funded roadway and intersection improvements associated with the approved projects will be included in the analysis. AM and PM peak hour intersection level of service calculations will be conducted to evaluate the operating levels of service of the key intersections. Freeway segments and progression analysis are not analyzed under this scenario. Task 6—Background Plus Project Conditions The project trip estimates developed in Task 1 will be added to the background traffic volumes developed in Task 5 to represent Background plus Project Conditions. Calculations will be conducted to estimate the LOS of the study intersections during the AM and PM peak hours after completion of the proposed project. Left turn lane queueing evaluations will be conducted at up to five(5) left turns for the AM and PM peak hours. Freeway segments are not analyzed under this scenario. Task 7—Site Access and On-Site Circulation The number of proposed access points and the required type of traffic control devices will be determined as part of this task. Potential on-site circulation issues, including required street throat depths, parking locations and design, number of intersections/conflict points, as well as signing and markings will be evaluated. The site plan will be reviewed to ensure that adequate and direct pedestrian and bicycle facilities and connections are provided. Similarly, we will review the site plan to ensure efficient linkages with existing and potential future transit stops. This task will also include an evaluation of the project's proposed vehicle and bicycle parking supply and location based on City and VTA standards. Task 8—Site Access and On-Site Circulation Under this task, we will develop trip generation estimates for the busiest or "worst case" construction period (i.e. the period in which the highest traffic volumes of construction activity would occur) using the construction schedule information provided by the applicant/City staff. To develop construction trip generation estimates we will request the following construction traffic data: Future truck traffic volumes (daily and peak hour) and number of light duty trucks and heavy trucks used to haul materials into or out of the construction site. Number of construction employees to be working at the site daily. We will make a conservative assumption about the proportion of employees who drive to/from the site in smaller, private vehicles rather than trucks. Detailed schedule and duration of construction traffic on both weekdays and weekends, if applicable. We will provide a table summarizing the trip generation estimates for the project site using the assumptions outlined in this task. This task assumes up to 25 hours for the trip generation analysis. Optional Task 8.1: If the construction trip generation estimates show that the construction period will develop more trips than the proposed project, then as an optional task we can evaluate intersection LOS operations under Existing plus Construction Traffic Conditions along Wolfe Road between Homestead Road and Stevens Creek Boulevard using TRAFFIX software for an additional fee of 4,000 Task 9—Identify Significant Impacts and Recommend Mitigation Measures The results of the level of service calculations for Existing Conditions will be compared to the results for Existing plus Project Conditions to identify project impacts under CEQA at the key locations. Similarly, the results of the level of service calculations for Background plus Project Conditions will be compared to the results for the No Project Conditions to identify project impacts under CMP/City guidelines at the key locations. If significant impacts are identified, feasible mitigation measures will be recommended. Feasible mitigation measures are those that can be constructed within the existing right-of-way or that require minimal right-of-way acquisition, such as minor intersection lane additions and restriping. Modifications to intersection operations, including changes to signal phasing and timing will be considered in our review. We will also estimate the Project's percent contribution to identified intersection mitigation measures by calculating the Project's trips compared to the total volumes. This includes identifying the Project's fair share to the potential I-280/Wolfe Road interchange reconfiguration project. The effect of the project or required mitigation measures on transit and bicycle and pedestrian facilities will be evaluated in terms of conflicts with existing or planned facilities or creation of hazardous conditions for bicyclists or pedestrians. Additionally, secondary impacts to transit vehicle delay will be evaluated for the proposed mitigation measures. Task 10—Prepare Documentation We will document our findings in a report that will include text, graphics, and tables to describe study analysis methods and results, the potential impacts of the proposed project, and corresponding mitigation measures. We will submit the Administrative Draft TIA in electronic format for review. This scope assumes up to 16 staff hours to respond to all comments on the Administrative Draft TIA report and preparing the Draft TIA. Fehr & Peers will submit the Draft TIA in electronic format for review by the City, VTA, and other agencies as applicable.This proposal assumes up to 8 staff hours to respond to comments on the Draft TIA report. Once the comments have been incorporated, we will produce a Final TIA and submit an electronic copy to City staff. This proposal assumes up to.24 staff hours to respond to staff, agency, and public comments on the TIA or associated environmental document. Comments requiring additional staff time beyond the number of hours budgeted will be considered additional services and will only be conducted upon written authorization. Task 11—Meetings The scope of work includes attendance at two public hearings. Attendance at additional meetings or public hearings will be conducted upon receipt of written authorization and billed on a time- and-materials basis. Optional Task 10.1—Proiect Meetings As an optional task we can prepare for and attend project meetings at an estimate cost of$1,200 each. Additional Services The scope of work has been tailored to meet the specific requirements of this project. However, during the course of the study, additional services may be required. Additional services that are beyond the scope of this study include, but are not limited to, conducting any new counts, evaluating additional study locations or project descriptions, preparing conceptual designs of mitigation measures, responding to comments requiring more than the designated hours, and attending more than two public hearings. Fehr& Peers-will conduct additional services only upon receipt of written authorization.