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08-15-2017 Searchabe packetCITY OF CUPERTINO AGENDA CITY COUNCIL 5:30 PM 10300 Torre Avenue and 10350 Torre Avenue Tuesday, August 15, 2017 Non-televised Special Meeting Closed Session (5:30) and Televised Regular Meeting (6:45) NOTICE AND CALL FOR A SPECIAL MEETING OF THE CUPERTINO CITY COUNCIL NOTICE IS HEREBY GIVEN that a special meeting of the Cupertino City Council is hereby called for Tuesday, August 15, 2017, commencing at 5:30 p.m. in City Hall Conference Room A, 10300 Torre Avenue, Cupertino, California 95014. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading, “Special Meeting." The regular meeting items will be heard at 6:45 p.m. in Community Hall Council Chamber, 10350 Torre Avenue, Cupertino, California. SPECIAL MEETING ROLL CALL CLOSED SESSION - 5:30 PM City Hall Conference Room A, 10300 Torre Avenue 1.Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases 2.Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset Page 1 CITY OF CUPERTINO 1 August 15, 2017City Council AGENDA 3.Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Michael Drake v. Ramon Yanovsky; Roman Yanovsky v. City of Cupertino, et al. (cross-action), Santa Clara County Superior Court Case No. 114CV690216 ADJOURNMENT REGULAR MEETING PLEDGE OF ALLEGIANCE - 6:45 PM Community Hall, 10350 Torre Avenue ROLL CALL CEREMONIAL MATTERS AND PRESENTATIONS 1.Subject: Presentation from the Teen Commission Summarizing 2016-2017 Projects and Accomplishments Recommended Action: Receive presentation from Teen Commission Summarizing 2016-2017 Projects and Accomplishments 2.Subject: Certificates of Recognition to the Santa Clara Valley Water District and Grassroots Ecology for the McClellan Ranch Preserve Meadow Restoration Project Recommended Action: Present certificates of recognition to the Santa Clara Valley Water District and Grassroots Ecology for the McClellan Ranch Preserve Meadow Restoration Project 3.Subject: Proclamation to Recognize and Provide Thanks to the First Baptist Church of Cupertino for Their Support During Summer 2017 Recommended Action: Present Proclamation to Recognize and Provide Thanks to the First Baptist Church of Cupertino for Their Support During Summer 2017 4.Subject: Proclamation to honor India Independence Day on August 15, 2017 Recommended Action: Present Proclamation to honor India Independence Day on August 15, 2017 POSTPONEMENTS ORAL COMMUNICATIONS Page 2 CITY OF CUPERTINO 2 August 15, 2017City Council AGENDA This portion of the meeting is reserved for persons wishing to address the council on any matter not on the agenda. Speakers are limited to three (3) minutes. In most cases, State law will prohibit the council from making any decisions with respect to a matter not listed on the agenda. CONSENT CALENDAR Unless there are separate discussions and/or actions requested by council, staff or a member of the public, it is requested that items under the Consent Calendar be acted on simultaneously. 5.Subject: Approve the August 1 City Council minutes Recommended Action: Approve the August 1 City Council minutes A - Draft Minutes 6.Subject: Accept Accounts Payable for the period ending May 19, 2017 Recommended Action: Adopt Resolution No. 17-074 accepting Accounts Payable for the period ending May 19, 2017 A - Draft Resolution B - AP Report 7.Subject: Accept Accounts Payable for the period ending May 26, 2017 Recommended Action: Adopt Resolution No. 17-075 accepting Accounts Payable for the period ending May 26, 2017 A - Draft Resolution B - AP Report 8.Subject: Accept Accounts Payable for the period ending June 2, 2017 Recommended Action: Adopt Resolution No. 17-076 accepting Accounts Payable for the period ending June 2, 2017 A - Draft Resolution B - AP Report 9.Subject: Accept Accounts Payable for the period ending June 9, 2017 Recommended Action: Adopt Resolution No. 17-077 accepting Accounts Payable for the period ending June 9, 2017 A - Draft Resolution B - AP Report Page 3 CITY OF CUPERTINO 3 August 15, 2017City Council AGENDA 10.Subject: Accept Accounts Payable for the period ending June 16, 2017 Recommended Action: Adopt Resolution No. 17-078 accepting Accounts Payable for the period ending June 16, 2017 A - Draft Resolution B - AP Report 11.Subject: Accept Accounts Payable for the period ending June 23, 2017 Recommended Action: Adopt Resolution No. 17-079 accepting Accounts Payable for the period ending June 23, 2017 A - Draft Resolution B - AP Report 12.Subject: Budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Recommended Action: Approve the budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Staff Report A - Draft Agreement 13.Subject: State Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act Recommended Action: Adopt a position of support on Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act and authorize the Mayor to send letters in support of this bill Staff Report A - Sample Letter of Support 14.Subject: Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. for professional design services to prepare and deliver the I-280 Channel Trail Feasibility Study Recommended Action: Approve an Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. in the amount not to exceed $299,935 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the I-280 Channel Trail Feasibility Study Staff Report A - Draft Agreement Page 4 CITY OF CUPERTINO 4 August 15, 2017City Council AGENDA 15.Subject: Agreement between the City of Cupertino and Alta Planning + Design, Inc. for professional design services to prepare and deliver the Union Pacific Railroad Trail Feasibility Study Recommended Action: Approve an Agreement between the City of Cupertino and Alta Planning + Design, Inc. in the amount not to exceed $259,889 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the Union Pacific Railroad Trail Feasibility Study Staff Report A - Draft Agreement SECOND READING OF ORDINANCES PUBLIC HEARINGS 16.Subject: Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed-use development at the Oaks Shopping Center (16A and 16B authorized at the August 1 City Council meeting. 16C continued to August 15). 16C: A proposal to demolish an existing ~71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed-use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) (Continued from August 1) Recommended Action: Staff recommends that the City Council adopt Resolution No. 17-080 (Attachment A) after determining if the application is authorized to move forward to apply for a General Plan Amendment(s) Staff report A - Draft Resolution Page 5 CITY OF CUPERTINO 5 August 15, 2017City Council AGENDA 17.Subject: Adoption of City of Cupertino Transportation Impact Fee Nexus Study Recommended Action: Adopt Resolution No. 17-081, adopting the Cupertino Transportation Impact Fee Nexus Study; and direct Staff to draft ordinance to implement City Wide Traffic Impact Fee to be presented to City Council at the September 19, 2017 Council meeting Staff Report A - Draft Resolution B – City of Cupertino Transportation Impact Fee Nexus Study ORDINANCES AND ACTION ITEMS REPORTS BY COUNCIL AND STAFF 18.Subject: Report on School Walk Audits Recommended Action: Receive Staff Report on School Walk Audits Staff Report A – Walk Audit Reports 19.Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments ADJOURNMENT Page 6 CITY OF CUPERTINO 6 August 15, 2017City Council AGENDA The City of Cupertino has adopted the provisions of Code of Civil Procedure §1094.6; litigation challenging a final decision of the City Council must be brought within 90 days after a decision is announced unless a shorter time is required by State or Federal law. Prior to seeking judicial review of any adjudicatory (quasi-judicial) decision, interested persons must file a petition for reconsideration within ten calendar days of the date the City Clerk mails notice of the City’s decision. Reconsideration petitions must comply with the requirements of Cupertino Municipal Code §2.08.096. Contact the City Clerk’s office for more information or go to http://www.cupertino.org/index.aspx?page=125 for a reconsideration petition form. In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend the next City Council meeting who is visually or hearing impaired or has any disability that needs special assistance should call the City Clerk's Office at 408-777-3223, 48 hours in advance of the Council meeting to arrange for assistance. Upon request, in advance, by a person with a disability, City Council meeting agendas and writings distributed for the meeting that are public records will be made available in the appropriate alternative format. Also upon request, in advance, an assistive listening device can be made available for use during the meeting. Any writings or documents provided to a majority of the Cupertino City Council after publication of the packet will be made available for public inspection in the City Clerk’s Office located at City Hall, 10300 Torre Avenue, during normal business hours and in Council packet archives linked from the agenda/minutes page on the Cupertino web site. Members of the public are entitled to address the City Council concerning any item that is described in the notice or agenda for this meeting, before or during consideration of that item. If you wish to address the Council on any issue that is on this agenda, please complete a speaker request card located in front of the Council, and deliver it to the Clerk prior to discussion of the item. When you are called, proceed to the podium and the Mayor will recognize you. If you wish to address the City Council on any other item not on the agenda, you may do so by during the public comment portion of the meeting following the same procedure described above. Please limit your comments to three (3) minutes or less. Page 7 CITY OF CUPERTINO 7 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2681 Name: Status:Type:Closed Session Agenda Ready File created:In control:5/30/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Legal Counsel - Anticipated Litigation: Significant Exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9 - Two Cases CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™8 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2856 Name: Status:Type:Closed Session Agenda Ready File created:In control:7/26/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Real Property Negotiators (Government Code Section 54956.8); Property: Cupertino Municipal Water System; Agency Negotiator: Timm Borden; Negotiating Parties: City of Cupertino and San Jose Water Company; Under Negotiation: Terms for City Leased Asset CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™9 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2887 Name: Status:Type:Closed Session Agenda Ready File created:In control:8/3/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case: Michael Drake v. Ramon Yanovsky; Roman Yanovsky v. City of Cupertino, et al. (cross-action), Santa Clara County Superior Court Case No. 114CV690216 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9 Name of case:Michael Drake v. Ramon Yanovsky; Roman Yanovsky v. City of Cupertino, et al. (cross-action), Santa Clara County Superior Court Case No. 114CV690216 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™10 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2883 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:8/1/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Presentation from the Teen Commission Summarizing 2016-2017 Projects and Accomplishments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Presentation from the Teen Commission Summarizing 2016-2017 Projects and Accomplishments Receive presentation from Teen Commission Summarizing 2016-2017 Projects and Accomplishments CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™11 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2679 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/30/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Certificates of Recognition to the Santa Clara Valley Water District and Grassroots Ecology for the McClellan Ranch Preserve Meadow Restoration Project Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Certificates of Recognition to the Santa Clara Valley Water District and Grassroots Ecology for the McClellan Ranch Preserve Meadow Restoration Project Present certificates of recognition to the Santa Clara Valley Water District and Grassroots Ecology for the McClellan Ranch Preserve Meadow Restoration Project CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™12 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2680 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:5/30/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Proclamation to Recognize and Provide Thanks to the First Baptist Church of Cupertino for Their Support During Summer 2017 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Proclamation to Recognize and Provide Thanks to the First Baptist Church of Cupertino for Their Support During Summer 2017 Present Proclamation to Recognize and Provide Thanks to the First Baptist Church of Cupertino for Their Support During Summer 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™13 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2850 Name: Status:Type:Ceremonial Matters & Presentations Agenda Ready File created:In control:7/24/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Proclamation to honor India Independence Day on August 15, 2017 Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Proclamation to honor India Independence Day on August 15, 2017 Present Proclamation to honor India Independence Day on August 15, 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™14 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2054 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:10/4/2016 City Council On agenda:Final action:8/15/2017 Title:Subject: Approve the August 1 City Council minutes Sponsors: Indexes: Code sections: Attachments:A - Draft Minutes Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Approve the August 1 City Council minutes Approve the August 1 City Council minutes CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™15 1 DRAFT MINUTES CUPERTINO CITY COUNCIL Tuesday, August 1, 2017 SPECIAL CITY COUNCIL MEETING At 5:00 p.m. Mayor Savita Vaidhyanathan called the Special City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue. Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf, and Rod Sinks. Council went into closed session and reconvened in open session at 6:45 p.m. in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue for the Regular Meeting. CLOSED SESSION 1. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: Emmy Glumac v. City of Cupertino, Santa Clara County Superior Court Case No. 17CV309611 Mayor Vaidhyanathan announced that Council gave direction to staff. 2. Subject: Conference with Legal Counsel-Existing Litigation pursuant to Paragraph (1) of subdivision (d) of Government Code Section 54956.9. Name of case: City of Saratoga; City of Cupertino; Town of Los Gatos v. California Department of Transportation, et al., Santa Clara County Superior Court Case No. 115CV281214 Mayor Vaidhyanathan announced that Council gave direction to staff. 3. Subject: Conference with Legal Counsel - Anticipated Litigation Initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9 (one potential case) Mayor Vaidhyanathan announced that Council gave direction to staff. 16 City Council Minutes August 1, 2017 2 4. Subject: Conference with Real Property Negotiators pursuant to Government Code Section 54956.8. Properties: 10849 Sycamore Drive, Cupertino, California; APN 342-57-028. Agency Negotiators: David Brandt, Jaqui Guzman. Negotiating Parties: Carol Atwood. Under Negotiation: Price and terms of payment Mayor Vaidhyanathan announced that Council gave direction to staff. REGULAR CITY COUNCIL MEETING ROLL CALL At 6:54 p.m. Mayor Savita Vaidhyanathan called the Regular City Council meeting to order in the Cupertino Community Hall Council Chambers, 10350 Torre Avenue and led the Pledge of Allegiance. Present: Mayor Savita Vaidhyanathan, Vice Mayor Darcy Paul, and Councilmembers Barry Chang, Steven Scharf, and Rod Sinks. CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: 2017 Accomplishments of Community Enlightenment (ACE) Award Recommended Action: Present ACE Award from Library Commission to 2017 Recipients - Cupertino Poet Laureate Steering Committee Mayor Vaidhyanathan and representatives from the Cupertino Library Commission presented the ACE Award to the Cupertino Poet Laureate Steering Committee. Council received the presentation. POSTPONEMENTS - None ORAL COMMUNICATIONS Phyllis Dickstein talked about points made at the recent retail-oriented workshop and how they might relate to Vallco as a retail center. Suzanne Becket talked about acquiring property at the Oaks to enlarge Memorial Park. Rod Diridon, Sr. talked about transportation and land use planning. 17 City Council Minutes August 1, 2017 3 Vivian Wong talked about the City’s Below Market Rate (BMR) Program. Caryl Gorska talked about a blog written by a former Cupertino Mayor and Commissioner about Better Cupertino. Liang Chao talked about State Senate Bills, development projects, and school over-crowding. Art Cohen talked about upcoming films and festivals at the Bluelight Cinema. Rick Chollmon talked about violation of his 4th Amendment rights. Pete Heller talked about the recent community education series especially the retail-oriented session. Danessa Techmanski talked about traffic concerns for all development in Cupertino. Muni Madhdhipatla talked about retail in Cupertino. CONSENT CALENDAR Sinks moved and Scharf seconded to approve the items on the Consent Calendar as presented. Ayes: Vaidhyanathan, Paul, Chang, Scharf and Sinks. Noes: None. Abstain: None. Absent: None. 2. Subject: Approve the July 5 City Council minutes Recommended Action: Approve the July 5 City Council minutes Written communications for this item included an amended page. 3. Subject: Accept Accounts Payable for the period ending April 14, 2017 Recommended Action: Adopt Resolution No. 17-065 accepting Accounts Payable for the period ending April 14, 2017 4. Subject: Accept Accounts Payable for the period ending April 21, 2017 Recommended Action: Adopt Resolution No. 17-066 accepting Accounts Payable for the period ending April 21, 2017 5. Subject: Accept Accounts Payable for the period ending April 28, 2017 18 City Council Minutes August 1, 2017 4 Recommended Action: Adopt Resolution No. 17-067 accepting Accounts Payable for the period ending April 28, 2017 6. Subject: Accept Accounts Payable for the period ending May 5, 2017 Recommended Action: Adopt Resolution No. 17-068 accepting Accounts Payable for the period ending May 5, 2017 7. Subject: Accept Accounts Payable for the period ending May 12, 2017 Recommended Action: Adopt Resolution No. 17-069 accepting Accounts Payable for the period ending May 12, 2017 8. Subject: Treasurer's Investment Report for Quarter Ending June 2017 Recommended Action: Accept the report 9. Subject: Adopt the draft resolution to add the City Manager as an alternate signor on the Authorization for Transfer of Funds form for the Local Agency Investment Fund in case there is a City Officer vacancy Recommended Action: Adopt Resolution No. 17-070 adding the City Manager as an alternate signor on the Authorization for Transfer of Funds form for the Local Agency Investment Fund in case there is a City Officer vacancy 10. Subject: 2017/18 Reconstruction of Curbs, Gutters and Sidewalks Project, Project No. 2017- 112 Recommended Action: Authorize the City Manager to award and execute a contract with JJR Construction, Inc., in the amount of $2,648,138 and approve a construction contingency of $250,000, for a total of $2,898,138 11. Subject: 2017 Pavement Maintenance Project Phase 3, City Project No. 2017-111 Recommended Action: Authorize the City Manager to award a contract to O’Grady Paving, Inc., in the amount of $2,250,943.75; and approve a construction contingency of $249,056.25 for a total of $2,500,000 12. Subject: Award of the Storm Drain Improvements - Foothill Boulevard and Cupertino Road Project Recommended Action: Authorize the City Manager to award a contract to Con-Quest Contractors Inc., in the amount of $1,089,715 and approve a construction contingency of $200,000, for a total of $1,289,715 13. Subject: Award and authorize the City Manager to execute a contract for the Fiber Network Extension to the Service Center Project (Project No. 2017-04) 19 City Council Minutes August 1, 2017 5 Recommended Action: 1. Award and authorize the City Manager to execute a construction contract for the Fiber Network Extension to the Service Center Project with Aegis ITS, Inc. in the amount of$264,764.33; and 2. Authorize a construction contingency budget of $26,500.00, approximately 10% of the contract amount, to address unforeseen conditions during construction, for a total of $291,264.33 SECOND READING OF ORDINANCES 14. Subject: Second reading of an ordinance amending the Municipal Code to regulate the placement of storage containers and temporary fencing, size of signage notice boards for development, size of Accessory Dwelling Units, and including amendments to various other chapters of Title 19 - Zoning of the Municipal Code, including but not limited to, Chapter 19.08 (Definitions), Chapter 19.28 (Single-Family Residential (R-1) Zones), Chapter 19.36, Multiple Family Residential (R-3) Zones, Chapter 19.40 (Residential Hillside (RHS) Zones), Chapter 19.60 (General Commercial (CG) Zones), Chapter 19.64, Permitted, Conditional and Excluded Uses In Office And Industrial Zones and 19.116 (Conversions of Apartment Projects to Common Interest Developments) for compliance with State Law, readability, clarifications, and internal consistency. (Application No. MCA-2017-03; Applicant: City of Cupertino; Location: City-wide) Recommended Action: Conduct the second reading and enact Ordinance No. 17-2165: “An Ordinance of the City Council of the City of Cupertino amending Chapter 9.22, Property Maintenance, Chapter 19.12, Administration, Chapter 19.112, Accessory Dwelling Units In R-1, RHS, A and A-1 Zones, and minor amendments in Chapter 19.08, Definitions, Chapter 19.24, Agricultural (A) and Agricultural-Residential (A-1) Zones, Chapter 19.28, Single-Family Residential (R-1) Zones, Chapter 19.36, Multiple-Family Residential (R-3) Zones, Chapter 19.40, Residential Hillside (RHS) Zones, Chapter 19.60, General Commercial (CG) Zones, Chapter 19.64, Permitted, Conditional and Excluded Uses In Office And Industrial Zones And 19.116, Conversions Of Apartment Projects To Common Interest Developments" Principal Planner Piu Ghosh reviewed the staff report. City Clerk Grace Schmidt read the title of the ordinance. Sinks moved and Chang seconded to read Ordinance No. 17-2165 by title only and that the City Clerk’s reading would constitute the second reading thereof. Ayes: Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent: None. 20 City Council Minutes August 1, 2017 6 Sinks moved and Chang seconded to enact Ordinance No. 17-2165. Ayes: Vaidhyanathan, Paul, Chang, Scharf, and Sinks. Noes: None. Abstain: None. Absent: None. PUBLIC HEARINGS 15. Subject: 2017-18 Community Development Block Grant (CDBG) Annual Action Plan Recommended Action: Conduct the Public Hearing and Adopt Resolution No. 17-071 approving the 2017-18 CDBG Annual Action Plan Written communications for this item included a staff presentation. Senior Housing Planner Kerri Heusler reviewed the staff report. Mayor Vaidhyanathan opened the public hearing. Seeing no speakers, Mayor Vaidhyanathan closed the public hearing. Chang moved and Paul seconded to adopt Resolution No. 17-071 approving the 2017-18 CDBG Annual Action Plan. The motion carried unanimously. 16. Subject: Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed-use development at the Oaks Shopping Center. Recommended Action: Staff recommends that the City Council adopt Resolution No. 17- 072 (Attachment A) after determining if the application(s) is/are authorized to move forward to apply for a General Plan Amendment(s) Written communications for item 16(a-c) included emails to Council and staff presentations. Principal Planner Pui Ghosh reviewed the staff report regarding the process and criteria for evaluation of all three projects. 16a. Subject: A proposal to demolish two commercial buildings and construct a new full- service boutique hotel with 185 rooms and conference space and restaurant at the Cupertino Village that requires City Council authorization for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-03; Applicant: Michael Strahs (Kimco Realty); Location: 10765 N. Wolfe Road; APN(s): 316-45- 017) 21 City Council Minutes August 1, 2017 7 Associate Planner Erick Serrano reviewed the staff report. Applicant Michael Strahs reviewed the project. 16b. Subject: A proposal to demolish a 8,323 s.f. auto service station and construct a new 156- room, five-story hotel, with conference space and restaurant at the Good Year Tire site that requires City Council authorization for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-01; Applicant: Claudio Bono (De Anza Properties); Location: 10931 N. De Anza Boulevard; APN(s): 326-10-061 Associate Planner Gian Martire reviewed the staff report. Applicant Claudio Bono reviewed the project. 16c. Subject: A proposal to demolish an existing ~71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed-use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) Senior Planner Catarina Kidd reviewed the staff report. Applicant Mark Tersini reviewed the project. Laura Worthington Forbes with Kimley- Horn and Associates, Inc. and Beverly Bryant with KT Urban also talked about the project. Following the staff reports for the three projects, Mayor Vaidhyanathan opened the public hearing and the following individuals spoke: Tai Lam Karl Baumheckel Nicolas Nagle Michelangelo Nalarro Irvin Webster Eswari Sure Peter Hirsch Abdullah Ibrahim Philip Chau Susan Chau 22 City Council Minutes August 1, 2017 8 Patrick Bumb on behalf of Jack Nyblom and KT Urban Jan Stokley on behalf of Housing Choices Enzo Pace Barbara Jones Stephen Jacobs Jon Willey (distributed written comments) Keith Warner Scott Hughes Don Tran on behalf of Silicon Valley Leadership Group Marcus Plutowski Ignatius Ding (distributed written comments) Maria Flur Florie Bridge Housing Cathy Wang Luke Lang Yu Wen Su Liana Crabtree Lloyd Ngo Lawrence Shapiro Ruby Elbogen on behalf of Cupertino Hotel Khyati U Sarah McDermott on behalf of Unite Here Local 19 Ruth Silver Taube on behalf of Santa Clara County Wage Theft Coalition Muni Madhdhipatla Kelly Lambert Kevin McClelland on behalf of Cupertino Chamber of Commerce Jan Kucera (distributed written comments) Pete Heller Dennis Martin Esin Demirlieglu Jennifer Griffin Peggy Griffin (distributed written comments) Rattehalli Sudesh Christina Armstrong Liat Zavodivker Kim-Mai Cutler Martin Won David Fung Francisco Melli-Huber Joan Chin 23 City Council Minutes August 1, 2017 9 Lisa Warren Qin Pan Randy Shinghai Liang Chao Yonghui Mou Dolly Sandoval Jay Cena Dan Bryant Kent Vincent Michael Zhang Council recessed from 11:13 to 11:27 p.m. Staff answered questions from Council. Council took a straw vote indicating unanimous support to authorize 16a (Cupertino Village and 16b (Goodyear Tire site). Staff and the applicant for 16c (Oaks Shopping Center) answered questions from Council. Council took a straw vote for 16c indicating no majority vote (1-4) to authorize. (Vaidhyanathan, Paul, Scharf, Sinks no and Chang yes). Sinks moved to adopt Resolution No. 17-072 authorizing the following applications to move forward to apply for a General Plan Amendment(s): Cupertino Village and Good Year Tire, and not authorizing the following application to move forward to apply for a General Plan Amendment(s): Oaks Shopping Center. Paul added a friendly amendment to have staff go back and draft resolutions to reflect the straw votes for each project. Sinks didn’t accept the friendly amendment and the motion died for lack of a second. Chang moved and Scharf seconded to close the Public Hearing for item 16(a-c) and adopt a modified Resolution No. 17-072 authorizing 16a (Cupertino Village) and 16b (Goodyear Tire) to move forward to apply for a General Plan Amendment(s) and continued 16c (Oaks Shopping Center) to the August 15 City Council meeting. The motion carried unanimously. ORDINANCES AND ACTION ITEMS 24 City Council Minutes August 1, 2017 10 17. Subject: Hearing to approve assessment of fees on private parcels for the annual weed abatement program Recommended Action: Conduct hearing and adopt Resolution No. 17-073 providing for lien assessments and collection resulting from the abatement of public nuisances and potential fire hazards (weeds on private parcels) Written communications for this item included an amended assessment report. City Clerk Grace Schmidt reviewed the staff report. Vaidhyanathan moved and Chang seconded to adopt Resolution No. 17-073 providing for lien assessments and collection resulting from the abatement of public nuisances and potential fire hazards (weeds on private parcels). The motion carried unanimously. REPORTS BY COUNCIL AND STAFF 18. Subject: Report on Committee assignments and general comments Recommended Action: Report on Committee assignments and general comments Council members highlighted the activities of their committees and various community events. ADJOURNMENT At 1:15 a.m. on Wednesday, August 2, 2017, Mayor Vaidhyanathan adjourned the meeting. ________________________________ Grace Schmidt, City Clerk 25 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2876 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/28/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Accept Accounts Payable for the period ending May 19, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Accept Accounts Payable for the period ending May 19, 2017 Adopt Resolution No. 17-074 accepting Accounts Payable for the period ending May 19, 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™26 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING May 19, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: Beth Viajar, Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this15th day of August 2017, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2877 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/28/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Accept Accounts Payable for the period ending May 26, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Accept Accounts Payable for the period ending May 26, 2017 Adopt Resolution No. 17-075 accepting Accounts Payable for the period ending May 26, 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™49 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING May 26, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: Beth Viajar, Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this15th day of August 2017, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2878 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/28/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Accept Accounts Payable for the period ending June 2, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Accept Accounts Payable for the period ending June 2, 2017 Adopt Resolution No. 17-076 accepting Accounts Payable for the period ending June 2, 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™65 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING June 2, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: Beth Viajar, Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this15th day of August 2017, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 66 67 68 69 70 71 72 73 74 75 76 77 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2879 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/28/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Accept Accounts Payable for the period ending June 9, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Accept Accounts Payable for the period ending June 9, 2017 Adopt Resolution No. 17-077 accepting Accounts Payable for the period ending June 9, 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™78 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING June 9, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: Beth Viajar, Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this15th day of August 2017, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2880 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/28/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Accept Accounts Payable for the period ending June 16, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Accept Accounts Payable for the period ending June 16, 2017 Adopt Resolution No. 17-078 accepting Accounts Payable for the period ending June 16, 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™98 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING June 16, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: Beth Viajar, Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this15th day of August 2017, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2881 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/28/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Accept Accounts Payable for the period ending June 23, 2017 Sponsors: Indexes: Code sections: Attachments:A - Draft Resolution B - AP Report Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Accept Accounts Payable for the period ending June 23, 2017 Adopt Resolution No. 17-079 accepting Accounts Payable for the period ending June 23, 2017 CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™115 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO ALLOWING CERTAIN CLAIMS AND DEMANDS PAYABLE IN THE AMOUNTS AND FROM THE FUNDS AS HEREINAFTER DESCRIBED FOR GENERAL AND MISCELLANEOUS EXPENDITURES FOR THE PERIOD ENDING June 23, 2017 WHEREAS, the Director of Administrative Services or her designated representative has certified to accuracy of the following claims and demands and to the availability of funds for payment hereof; and WHEREAS, the said claims and demands have been audited as required by law. NOW, THEREFORE, BE IT RESOLVED, that the City Council hereby allows the following claims and demands in the amounts and from the funds as hereinafter set forth in the attached Payment Register. CERTIFIED: Beth Viajar, Acting Finance Manager PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this15th day of August 2017, by the following vote: Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: Grace Schmidt, City Clerk Savita Vaidhyanathan, Mayor, City of Cupertino 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 132 133 134 135 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2817 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/19/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Agreement Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Approve the budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™136 PUBLIC WORKS DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 • FAX: (408) 777-3333 CITY COUNCIL STAFF REPORT Meeting: August 15, 2017 Subject Budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Recommended Action Approve the budget appropriation of $147,810 to account number 100-88-844 900-923 for the agreement between the City of Cupertino and TJKM Transportation Consultants for the Apple Campus 2 Transportation Demand Management Monitoring Project Description On October 15, 2013, the Cupertino City Council approved the Apple Campus 2 project and certified that the “Apple Campus 2 Project Environmental Impact Report” was completed in compliance with the California Environmental Quality Act. As part of the Environmental Impact Report (“EIR”), Apple committed to expanding its existing TDM program and increase its alternative mode share from the existing 28 percent to 34 percent (percentage of employees traveling to the site via walking, bicycling, riding in private shuttle or public transit vehicles, or ridesharing). To support the expansion of the TDM program, Apple is required to implement several TDM measures identified in the EIR as Mitigation Measure TRANS-9b. As part of Mitigation Measure TRANS-9b, a monitoring program is required to ensure that the TDM measures are implemented and that the required trip reduction is achieved. The TDM monitoring program will start 6 months after initial occupancy (currently anticipated for April 2017) and will continue over the life of the project. The TDM monitoring program will be conducted annually for the first 10 years and may be reduced in frequency after 10 years if Apple is shown to be in compliance. 137 2 The City sought the professional services of a qualified consultant to develop the TDM monitoring program approach, and to collect data and present the results of the monitoring program in a TDM Monitoring Report for the first 3 years of monitoring. TJKM Transportation Consultants was selected to provide this service. Sustainability Impact No sustainability impact. Fiscal Impact The amount of the contract is 100% cost-recovered from Apple, Inc. The City of Cupertino will receive a 15% administration fee from the contract amount. Prepared by: David Stillman, Transportation Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Agreement 138 City of Cupertino Page 1 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] P.O. # _________________ AGREEMENT BETWEEN THE CITY OF CUPERTINO AND TJKM TRANSPORTATION CONSULTANTS FOR DESIGN PROFESSIONAL SERVICES FOR APPLE CAMPUS 2 TRANSPORTATION DEMAND MANAGEMENT (TDM) MONITORING PROGRAM This Agreement for Design Professional Services (“Agreement”), dated __________, 2017, is entered into by and between City of Cupertino, a municipal corporation (“City”), and TJKM Transportation Consultants, a California corporation (“Design Professional”). 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 on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Design Professional represents that it is specially trained, experienced and competent to perform the civil engineering services (“Services”) required for the City’s Apple Campus 2 TDM Monitoring Program Project (“Project”). C. Design Professional represents that it is duly licensed in good standing by the State of California to perform such Services and has submitted a proposal, dated May 1, 2017 (“Proposal”) in response to the City’s request for proposals. D. City is entering into this Agreement in reliance upon Design Professional’s representations, set forth above, to provide the Services in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. TERM: The term of this Agreement (“Term”) will begin on the date this Agreement is fully executed by both parties and, unless terminated earlier as set forth below or extended by a written amendment to this Agreement, will expire upon on December 31, 2021. 2. SERVICES TO BE PERFORMED: A. Basic Services. Design Professional will provide Basic Services under this Agreement as further described in the Scope of Services set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein, and as further specified in the Proposal, except to the extent that any provision in the Proposal conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected in writing by the City. Basic Services may be divided into separate sequential tasks (“Tasks”) as further specified in Exhibit A. 139 City of Cupertino Page 2 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] B. Additional Services. City may request, at any time during the Term of this Agreement, that Design Professional provide additional services related to the Project, which are not already encompassed, expressly or implicitly, in this Agreement, Exhibit A or the Proposal (“Additional Services”). Any Additional Services must be authorized in writing by City. Design Professional will not be entitled to compensation for Additional Services provided without or prior to the City’s written authorization. Duly authorized Additional Services are subject to all of the provisions that apply to Basic Services under this Agreement, except and only to the extent otherwise specified. All references to “Services” include Basic Services and any authorized Additional Services. 3. SCHEDULE: All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached hereto and incorporated herein. Design Professional must promptly notify the City of any actual or potential delay in providing the Services as scheduled to afford the City adequate opportunity to address or mitigate the delay if possible. Design Professional must begin each separate Task included in Basic Services upon receipt from City of a notice to proceed (“Notice to Proceed”) for that Task, and must complete the Task within the time specified in Exhibit B. 4. COMPENSATION: A. Maximum Compensation. The cumulative total payment to Design Professional for Basic Services, Additional Services and expenses under this Agreement may not exceed $147,810.00. Design Professional is not entitled to any payment for Services or expenses in excess of this maximum limit. B. Basic Services. City will pay Design Professional $147,810.00 (“Lump Sum Price”), for the complete and satisfactory performance of the Basic Services in accordance with this Section 4 and as may be further specified in Exhibit C, Compensation, attached hereto and incorporated herein. The Lump Sum Price is completely inclusive of all time and expenses to provide the Basic Services, including, but not limited to, subconsultant costs, materials, supplies, equipment, travel, taxes, overhead and profit. If, for any reason, Design Professional does not fully complete the Basic Services it will only be entitled to a percentage of the Lump Sum Price that is proportionate to the percentage of Basic Services that were completed to the City’s reasonable satisfaction. C. Additional Services. Additional Services that have been duly authorized by City as specified above, and provided to the City’s reasonable satisfaction, may be compensated on a lump sum basis or based on time and expenses, subject to a not-to-exceed limit, using the Hourly Rates Schedule and Reimbursable Expenses Schedule included in Exhibit C, Compensation. An allowance of $0.00 has been budgeted for Additional Services under this Agreement. The City has the discretion, but not the obligation, to authorize Additional Services up to this not-to-exceed amount, including the discretion to elect not to authorize any Additional Services. For Additional Services provided on an hourly basis, Design Professional will be entitled to compensation for costs other than direct labor, normal business expenses and overhead, based on the documented actual cost only, with no markup or surcharge (“Reimbursable Expenses”). Design Professional will not be entitled to reimbursement for in house copying, printing, faxes, telephone charges, employee overtime, or travel to City’s offices 140 City of Cupertino Page 3 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] or to the Project site, unless or to the extent such expenses are specifically authorized in Exhibit C. D. Invoices and Payments. City will pay Design Professional for Services provided to the City’s reasonable satisfaction, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each Task as further specified in Exhibit C. City will notify Design Professional in writing if it disagrees with the stated percentage of completion, and if the disagreement is unresolved, City will pay Design Professional based on the portion of Services that City agrees have been satisfactorily completed at that point. 1. Time and Expenses: For Additional Services provided on an hourly basis, each invoice must also include, for each day Services were provided: a. The name and title of each individual or subconsultant providing Services; b. A succinct summary of the Services performed by each individual or subconsultant; c. The time spent by each individual or subconsultant providing those Services, in 30 minute increments; d. The applicable hourly billing rate or subconsultant charge and payment due; e. An itemized list with amounts and explanation for all permitted reimbursable expenses. 2. Rates and Receipts: All hourly rates and reimbursable expenses must conform to the City-approved rates set forth in Exhibit C, which will be in effect for the entire Term of the Agreement. Each invoice must attach legible, dated receipts for all Reimbursable Expenses. 5. TIME IS OF THE ESSENCE: Time is of the essence for the performance of all Services required under this Agreement and for all of Design Professional’s duties under this Agreement. Design Professional must at all times have sufficient, qualified staff or subconsultants assigned to timely provide all Services under this Agreement. Design Professional must take appropriate measures to avoid delay of Project completion, including, but not limited to, prompt submission of deliverables and any required revisions, and prompt responses to City or contractor requests, including, but not limited to, requests for information, substitution requests and change order requests. Failure to comply with the schedule requirements or failure to timely submit deliverables or provided responses as specified under this Agreement may be deemed a material breach of this Agreement. 6. STANDARD OF CARE: All Services must be provided in a manner that meets or exceeds the standard of care applicable to the same type of design professionals performing similar work in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by the City and who do not have any contractual 141 City of Cupertino Page 4 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] relationship with City, with the exception of this Agreement. All Services provided under this Agreement, including authorized Additional Services, must be performed as specified to the City’s reasonable satisfaction. 7. ERRORS AND OMISSIONS: Design Professional is solely responsible for all of its or its subconsultants’ errors and omissions and must promptly correct any and all such errors and omissions at its sole expense. Design Professional must also take appropriate measures to avoid or mitigate any delay, liability or costs resulting from any such errors or omissions. This provision survives expiration or termination of this Agreement. 8. PROJECT COORDINATION: A. City Project Manager. The City’s authorized delegee, Jennifer Chu, will be the City’s representative for all purposes under this Agreement (“City Project Manager”) with authority to oversee the progress and performance of Services under this Agreement. The City reserves the right to replace or provide a substitute City Project Manager at any time, and without prior notice to the Design Professional. B. Design Professional Project Manager. Design Professional will assign a single Project Manager (the “DP Project Manager”), subject to City approval, with authority to receive and act on directions from the City and responsibility for the progress and performance of Services under this Agreement. The designated DP Project Manager is Colin Burgett. If a substitute or replacement DP Project Manager is required for any reason, the City must be notified of the need as soon as possible, Design Professional’s designation of the individual proposed to serve as the substitute or replacement will be subject to the City’s prior written approval. Design Professional is not entitled to compensation for the time required for the substitute or replacement DP Project Manager to obtain sufficient knowledge of the required Services to fully assume the former DP Project Manager’s responsibilities. C. Communication and Coordination. Design Professional is responsible for coordinating the efforts of Design Professional’s subconsultants or subcontractors providing Services for this Agreement. Design Professional must also coordinate its Services to the extent reasonably possible, with other City employees or consultants assigned to the Project. Design Professional is responsible for ensuring that the City Project Manager is regularly updated as to the progress or status of the Services, including, but not limited to, participation in meetings or compliance with reporting requirements specified in Exhibit A. Design Professional has an affirmative obligation to promptly notify the City Project Manager of any significant problems or concerns as they arise in order to enable timely resolution or mitigation of any such problems. Design Professional must promptly respond to the City Project Manager’s inquiries regarding the Services. 9. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. Design Professional will, 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 (collectively, the “Indemnified Parties”) from and against any and all liability, claims, actions, causes of action or demands whatsoever against 142 City of Cupertino Page 5 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] any of them, including any injury to or death of any person or damage to property or other liability of any nature (collectively, “Liability”), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. Design Professional is not obligated under this Agreement to indemnify City to the extent that any Liability is caused by the sole or active negligence or willful misconduct of any of the Indemnified Parties. In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. B. Claims For Other Liability. For all liabilities other than those included within paragraph (A) above, Design Professional will, to the fullest extent allowed by law, indemnify, defend, and hold harmless the Indemnified Parties 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 of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. Design Professional will 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 the Indemnified Parties. C. Claims Involving Intellectual Property. In addition to the obligations set forth in paragraphs (A) and (B) above, Design Professional will indemnify, defend, and hold the Indemnified Parties harmless from and against any claim in which an alleged violation of intellectual property rights, including but not limited to copyright or patent rights, arises out of, pertains to, or relates to Design Professional’s negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses will include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. D. Survival. The requirements of this section survive expiration or termination of this Agreement. 10. INSURANCE: On or before the commencement of the Term of this Agreement, Design Professional must furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage required in this section. Such certificates, which do not limit Design Professional’s indemnification obligations, must also contain substantially the following statement: “If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino, Attention: City Manager.” Design Professional will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California. Design Professional must also submit endorsements with the certificates naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies, as further specified below. 143 City of Cupertino Page 6 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] A. Coverage. Design Professional must maintain the following insurance coverage: 1. Workers' Compensation: Statutory coverage as required by the State of California. If Design Professional is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. 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: Commercial automotive liability coverage for owned, non-owned and hired vehicles, in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each accident 4. Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Design Professional in the amount of at least $1,000,000 per claim and in the aggregate. The professional liability insurance must include prior acts coverage, which must remain in effect for four years following the earlier of expiration or termination of the Term of this Agreement. B. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City’s insurers. Design Professional agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Design Professional will look solely to its insurance for recovery. C. Failure to Comply. If Design Professional at any time during the Term of this Agreement fails to secure or maintain the required insurance, City may obtain or maintain the insurance in the Design Professional's name or on behalf of the Design Professional and will be compensated by the Design Professional 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 Endorsements. City, its City Council, boards and commissions, officers, officials, employees, agents and volunteers must be named as additional 144 City of Cupertino Page 7 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] insureds under all insurance coverages, except any worker’s compensation and professional liability insurance, required by this Agreement. Any additional insured will 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 will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Design Professional. Design Professional is advised to confer with Design Professional's insurance broker to determine adequate coverage for Design Professional. 11. INDEPENDENT CONTRACTOR: City and Design Professional intend that the relationship between them created by this Agreement is that of owner-independent contractor. The manner and means of providing the Services are under the control of Design Professional, 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 Design Professional's performance of the 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 Design Professional, its employees or agents. Deductions will 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 payments due to Design Professional. Payments for the above items, if required, are the responsibility of Design Professional. 12. SUBCONSULTANTS: Unless prior written consent from City is obtained, only those individuals and subconsultants whose names are included in this Agreement, including the Exhibits hereto, may provide Services under this Agreement. Design Professional must require all of its subconsultants providing Services under this Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Design Professional must be required to furnish proof of workers' compensation insurance and must also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance required for Design Professional. 13. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Design Professional assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services, pursuant to all applicable IRCA or other federal, or state laws, rules or regulations. Design Professional will indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with this section by Design Professional. 14. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer or employee conduct, Design Professional agrees that harassment or discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Design 145 City of Cupertino Page 8 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] Professional or Design Professional's employees or subconsultants on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected classification will not be tolerated. Any violation of this provision by Design Professional, its employees, subconsultants or agents constitutes a material breach of this Agreement, and grounds for termination for cause. 15. PROHIBITION AGAINST TRANSFERS: Design Professional will 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 City’s consent will be null and void, and any assignee, sublessee, hypothecate or transferee will acquire no right or interest by reason of any attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Professional, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Design Professional is a partnership or joint venture or syndicate or cotenancy, which results in changing the control of Design Professional as a legal entity, will be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the business entity. 16. PERMITS AND LICENSES: Design Professional, at its sole expense, must 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 the Services. 17. WORK PRODUCT: A. Property Rights. Any interest (including copyright interests) of Design Professional or its subconsultant(s) in any work product, document, report, draft, memoranda, map, record, plan, drawing, specification and other deliverable, in any medium (collectively, “Work Product”), which has been prepared or created by Design Professional or its subconsultant(s) pursuant to or in connection with this Agreement, will be the exclusive property of City. No Work Product, information or other data given to or prepared, created, or assembled by Design Professional or its subconsultant(s) pursuant to this Agreement may be made available to any individual or organization by Design Professional or its subconsultant(s) without prior written approval by City. All provisions of this section survive expiration or termination of this Agreement. B. Copyright. To the extent permitted by Title 17 of U.S. Code, all W ork Product prepared or created under this Agreement is deemed works for hire and all copyrights in such Work Product will be the property of City. In the event that it is ever determined that any Work Product prepared or created by Design Professional or any subconsultant under this Agreement are not works for hire under federal law, Design Professional hereby assigns to City all copyrights to such Work Product when and as created. Subject to City’s prior written approval, Design Professional may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Design Professional’s standard details, Design Professional may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Services. 146 City of Cupertino Page 9 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] C. Patents and Licenses. Design Professional must pay any and all royalties or license fees required for authorized use of any third party intellectual property, including, but not limited to, patented, trademarked, or copyrighted intellectual property that it selects for incorporation into the Services or Work Product provided under this Agreement. D. Re-Use of Work Product. Without limiting any other City right to any of the Work Product prepared or created by Design Professional or its subconsultants, and subject to the limitations of law, all Work Product prepared under this Agreement may be used or modified by the City or its authorized agents in execution or implementation of: 1. The Services for which Design Professional was hired; 2. Completion of the Services by others; 3. Subsequent additions to the Services; and/or 4. Other City projects. E. Deliverables and Format. Electronic and hard copies of Design Professional’s Work Product will constitute the Project deliverables. Plans must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. All written Work Product required to be provided by this Agreement (other than large-scale architectural plans and similar items) must be printed on recycled paper and copied on both sides of the paper except for one original, which must be single-sided. 18. RECORDS: Design Professional must maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of Services under this Agreement. Design Professional must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services. All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Design Professional must provide free access to such books and records to the City or its agents at all times during Design Professional’s normal business hours. Design Professional must give the City or its agents the right to examine and audit those items, and to make transcripts or copies as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, must be kept separate from other documents and records which are unrelated to this Agreement and must be maintained for a period of three years after receipt of final payment from the City. 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 Design Professional must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally; or on the second business day 147 City of Cupertino Page 10 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] after the deposit thereof in the United States Mail, postage prepaid, registered or certified; or upon confirmation of delivery by a reputable overnight delivery service. A. To City. All notices, demands, requests, or approvals from Design Professional to City must be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Jennifer Chu B. To Design Professional. All notices, demands, requests, or approvals from City to Design Professional must be addressed to Design Professional at: TJKM Transportation Consultants 4305 Hacienda Drive, Suite 550 Pleasanton, CA 94588 Attention: Colin Burgett 20. TERMINATION: A. Termination for Convenience. City may, at any time, acting in its sole discretion and without cause, terminate this Agreement for convenience by giving written notice to Design Professional at least seven days before the effective date of the termination. If the Agreement is terminated pursuant to this paragraph, the City will compensate Design Professional for all Services satisfactorily performed prior to the effective date and time of the termination, in accordance with this Agreement. B. Termination for Cause. If Design Professional fails or refuses to perform any of its duties under this Agreement at the time and in the manner required, Design Professional will be deemed in default of this Agreement. If the default is not cured or diligently attempted to be cured by Design Professional within the time specified in the City’s written notice of default, or if the Design Professional has otherwise materially breached the Agreement, the City may terminate the Agreement for cause by giving written notice to Design Professional at least seven days before the effective date of the termination, unless otherwise specified in the written notice of default. C. Duties upon Termination. If the Agreement is terminated, whether for convenience or cause, within seven days of the effective date of the termination, Design Professional must promptly deliver to City copies of all W ork Product, deliverables, or documents prepared by Design Professional under this Agreement, including both print and electronic versions. Full compliance with this requirement is a condition precedent to final payment following termination. This paragraph survives termination of the Agreement. 21. LEGAL REQUIREMENTS: Design Professional must comply with all applicable local, state or federal laws, rules and regulations, and all ordinances, rules and regulations enacted or issued by City. In addition, if any of the Services provided under this Agreement are subject to prevailing wage requirements under Labor Code Section 1720 et seq., the following provisions apply to those Services: 148 City of Cupertino Page 11 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] A. Prevailing Wages. To the extent applicable, Design Professional must comply with the City’s Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. B. Working Day. To the extent applicable, Design Professional must comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 ½ times the basic rate of pay. C. Payroll Records. To the extent applicable, Design Professional must comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The payroll records must be made available for inspection as provided in California Labor Code Section 1776. D. Apprentices. To the extent applicable, Design Professional must comply with California Labor Code Section 1777.5 regarding apprentices. 22. DISPUTE RESOLUTION: This Agreement will 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 must be filed with the Superior Court for the County of Santa Clara, State of California, and no other place. If the parties engage in arbitration to resolve a dispute relating to this Agreement, the arbitrator’s award must be supported by law and substantial evidence, and must include detailed written findings of law and fact. This section survives expiration or termination of the Agreement. 23. ATTORNEY FEES: If the City initiates a legal action, including a complaint or cross-complaint, arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs, including the attorney fees and costs for any arbitration, appeal, or enforcement of judgment. This attorney fee provision does not apply to legal actions initiated by the Design Professional. This section survives expiration or termination of the Agreement. 24. ADVERTISEMENT: Design Professional may not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, posters or cards of any kind on City property performed under this Agreement without prior written approval from the City. 149 City of Cupertino Page 12 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein will 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. 26. THIRD PARTY BENEFICIARIES: There are no intended third party beneficiaries of this Agreement. 27. RECITALS: The parties agree that the above recitals, which are made part of this Agreement, are true and correct. 28. INTEGRATED AND AMENDMENT: 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 will be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written instrument signed by authorized representatives for both City and Design Professional. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, all remaining provisions will remain in full force and effect. 29. CONFLICT OF INTEREST: Design Professional warrants that it is not a conflict of interest for Design Professional to perform the Services required by this Agreement. Design Professional may be required to fill out a conflict of interest form if the Services provided under this Agreement require Design Professional 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. 30. GIFTS: Design Professional is familiar with City’s prohibition against the acceptance of any gift by a City officer or designated employee, as set forth in City Administrative Procedures. Design Professional agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. Offering or giving a prohibited gift constitutes a material breach of this Agreement by Design Professional. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for cause as provided in Section 20 of this Agreement. 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein, and the Agreement will 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 will be amended to make such insertion on application by either party. 150 City of Cupertino Page 13 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] 32. EXECUTION: The person executing this Agreement on behalf of the Design Professional represents and warrants that the Design Professional has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Design Professional. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 33. HEADINGS: The headings 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. [Signatures on following page.] 151 City of Cupertino Page 14 of 14 TJKM Transportation Consultants For Apple Campus 2 TDM Monitoring Program [Agrmt-Des Prof-Single Project-FINAL-2016.09] IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. DESIGN PROFESSIONAL CITY OF CUPERTINO TJKM Transportation Consultants A Municipal Corporation By_____________________ By _____________________________ Timm Borden, Director of Public Works Name__________________ Date____________________ Title____________________ Date___________________ Tax I.D. No.: ________________ APPROVED AS TO FORM: Address: ___________________ ___________________________ ________________________________ Randolph Stevenson Hom, City Attorney ATTEST: ________________________________ Grace Schmidt, City Clerk Contract Amount: _________________ Account No. : ____________________ 152 City of Cupertino/TJKM Contract Agreement Apple Campus 2 Transportation Demand Management (TDM) Monitoring Program | Project No. 2017-113 Exhibit A - Page 1 EXHIBIT A: SCOPE OF SERVICES Task 1: Project Start-up & Kick Off Meeting TJKM will schedule a kick off meeting with the City Project Manager to review the scope of work and schedule, and finalize the work plan. TJKM and City staff will refine the study driveways, and review TDM project goals and strategies to incorporate in the Final AC2 Monitoring Report. During the project, Mr. Burgett (the designated DP Project Manager) will keep the City Project Manager up to speed on the project status. Deliverable  Final project scope and schedule from Project Kickoff Meeting Task 2: TDM Monitoring Program Approach Under this task and prior to conducting data collection, TJKM will prepare a Draft Monitoring Approach for City of Cupertino staff review, which will include a detailed data-gathering plan. The monitoring plan will identify the methodologies to monitor the conditions within the study area. The methodologies will be developed and/or recommended based on experience with similar projects and best practices throughout the United States. The monitoring plan will also include data collection methods, performance targets, and develop an annual template for future monitoring efforts. The monitoring plan will describe data collection, methodologies, quality control procedures, and schedule. Key topics to be discussed during Task 2 include:  Measures to ensure that the vehicle trip monitoring provides an accurate portrait of peak hour vehicle trip generation. For example: driveway counts may not capture all vehicle trips generated by drop-offs/pick-ups – including users of such services as Uber and Lift – particularly where drop-offs may occur near pedestrian entrances rather than at designated on-campus drop-offs areas.  Consideration of “unserved” traffic demand that may not be undercounted based strictly on peak-hour driveway counts. For example: inbound congestion during the a.m. peak hour – particularly just before 9 a.m. -- may result in some vehicles being unable to enter the driveway during the “a.m. peak hour where inbound queues are long. Those trips would not be included in the peak-hour driveway counts, if the queue length resulted in those vehicles reaching the driveway after 9.a.m. Nonetheless, such trips would be part of the total volume of peak-hour trips generated, and would potentially contribute to congestion on Wolfe Road during the peak hour, even if not included in peak-hour driveway counts.  Incorporation of parking intrusion data. TJKM understands the Cut-Through Traffic and Parking Intrusion Monitoring and Mitigation Program will be completed prior to the data collection for this project. Valuable information on estimated employee parking diverted to neighborhoods can be gleaned from the project and incorporated in future monitoring efforts. Deliverable  TDM Monitoring Program Approach Memorandum (draft and final) Task 3: Data Collection (First Year) TJKM understands the important of accurate and precise data collection and will utilize this experience to conduct vehicle counts for all AC2 driveways. Hourly counts shall be taken over a two-week period. Counts obtained during the three midweek weekdays (Tuesday, Wednesday, and Thursday) shall be averaged. The trip counts for the site driveways shall be added together. The year-one data collection 153 City of Cupertino/TJKM Contract Agreement Apple Campus 2 Transportation Demand Management (TDM) Monitoring Program | Project No. 2017-113 Exhibit A - Page 2 will be conducted in February 2018. To ensure accuracy, counts will be avoided on days immediately before or after holidays or long weekends, and shall not be performed on days with inclement weather. Counts will include the following driveway count locations at the major access driveways during the AM peak hour:  Wolfe Road Main Driveway  Tantau Avenue Main Driveway  Tantau Avenue and Pruneridge Avenue Parking Garage  Apple’s Research and Development (R&D) offices along Tantau Avenue  Apple Transit Center  Apple drop-off location on East Homestead Road TJKM will collect tube count date aggregated to the hourly time interval for the entire duration of the two weeks, separating the number of vehicles per driveway each day of the two-week period. TJKM will determine the Average Daily Traffic Volume as well as the AM and PM peak hour volumes by driveway. Data collected in this task will be summarized in the draft Monitoring Report (to be prepared in Task 4) with supporting graphical displays including tables and maps. Task 4: TDM Monitoring Report (First Year) Based on the efforts TJKM outlined in Tasks 1-3, results of the data collected will be presented to the City in a TDM Monitoring Report. Ultimately, the report, on an annual basis, will individuate if the AM and PM peak hour trip generation of AC2 is less than 4,270 AM peak hour vehicle trips and 4,400 PM peak hour vehicle trips. The results would be compared to the AM peak hour rate of 0.32 vehicle trips per employee and PM peak hour rate of 0.33 vehicle trips per employee, which represent the existing 28 percent alternative mode share at the Apple Infinite Loop Campus and the buildings south of Mariani Avenue. The target rates are 0.30 AM peak hour vehicle trips per employee and 0.31 PM peak hour vehicle trips per employee. TJKM will develop an annual monitoring schedule, with input from the City of Cupertino, based on the completion and a percentage of occupied office space within the AC2 Development. A step-by-step protocol will be detailed in order to effectively collect the pertinent data, as well as the key areas to focus on. TJKM will create a comprehensive reporting template to use on an annual basis that will display the data by year, comparisons, and any trends as the development is anticipated to increase occupancy each year of the five-year program. Base tables and graphs will be developed that can be utilized in the future for the annual data comparison and trends. Deliverable  Year 1 TDM Monitoring Report (draft and final) 154 City of Cupertino/TJKM Contract Agreement Apple Campus 2 Transportation Demand Management (TDM) Monitoring Program | Project No. 2017-113 Exhibit A - Page 3 Task 5: Second Year – Data Collection & Field Review + TDM Monitoring Report TJKM will repeat the data collection, field review and report preparation steps (as described in Tasks 3 and 4) during the second year of TDM monitoring, to be conducted approximately 18 to 22 months from initial occupancy, in the fall of 2018 or early in 2019. Deliverables  Year 2 TDM Monitoring Report (draft and final) Task 6: Third Year – Data Collection & Field Review + TDM Monitoring Report TJKM will again repeat the data collection, field review and report preparation steps (as described in Tasks 3 and 4) during the third year of TDM monitoring, to be conducted approximately 30 to 34 months from initial occupancy, in the fall of 2019 or early in 2020. Deliverables  Year 3 TDM Monitoring Report (draft and final) Task 7: Fourth Year – Data Collection & Field Review + TDM Monitoring Report TJKM will conduct a fourth year of data collection, field review and report preparation steps (as described in Tasks 3 and 4) approximately 42 to 46 months from initial occupancy, in the fall of 2020 or early in 2021. Deliverables  Year 4 TDM Monitoring Report (draft and final) 155 City of Cupertino/TJKM Contract Agreement Apple Campus 2 Transportation Demand Management (TDM) Monitoring Program | Project No. 2017-113 Exhibit B EXHIBIT B: SCHEDULE OF PERFORMANCE TJKM will complete this project in accordance with the schedule shown below, except where schedule changes are requested and/or authorized by the City Project Manager. In addition, since data collection should occur during typical weekday conditions: the data collection and field review to be conducted in Tasks 3, 5, 6 & 7 should not be conducted during periods of inclement weather. Therefore, the schedule below is subject to change due to rain and/or other weather-related factors. Task Name Start Finish Task 1. Kick Off Meeting Fri 10/13/2017 Task 2. TDM Monitoring Program Approach Tues 10/31/2017 Prepare Draft Monitoring Program Approach Fri 10/20/2017 Submit Draft Approach to City Staff Fri 10/20/2017 City Staff Review Fri 10/20/2017 Fri 10/27/2017 Prepare Final Monitoring Program Approach Fri 10/27/2017 Tues 10/31/2017 Submit Final Approach to City Staff Tues 10/31/2017 Task 3. First Year - Data Collection & Field Review Tue 2/6/2018 Thu 2/15/2018 Task 4. First Year - TDM Monitoring Report Mon 2/26/2018 Fri/30/2018 Develop Draft Report Mon 2/26/2018 Fri 3/2/2018 Submit Draft Report to City Staff Mon 3/5/2018 City Staff Review Mon 3/5/2018 Fri 3/16/2018 Prepare Final Report Mon 3/19/2018 Fri 3/30/2018 Submit Final Report to City Staff Fri 3/30/2018 Task 5. Second Year – Data Collection & Field Review + TDM Monitoring Report Tue 10/2/2018 Fri 11/30/2018 Task 6. Third Year - Data Collection & Field Review + TDM Monitoring Report Tue 10/1/2019 Fri 12/6/2019 Task 7. Fourth Year - Data Collection & Field Review + TDM Monitoring Report Tue 10/6/2020 Fri 12/4/2020 156 Exhibit C EXHIBIT C: COMPENSATION City of Cupertino Apple Campus 2 Transportation Demand Management (TDM) Monitoring Program Project No. 2017-113 TJKM Consultants lump sum price by task and hourly billing rates. Tasks Hourly Billing Rates Nayan Amin & Ruta Jariwala Colin Burgett Janice Spuller Prashanth Dullu Ian Lin John Atkinson Total Hours Data Collection Counting Services Other Direct Costs* Lump Sum Price by Task Principal Project Manager Task Lead Task Lead Project Planner Subconsultant $220 $190 $160 $160 $110 $110 Task 1. Kick-Off Meeting 4 4 4 12 $50 $2,130 Task 2. TDM Monitoring Approach 4 8 4 4 20 $3,480 Task 3. Data Collection & Field Review (First Year) 4 4 8 20 24 24 84 $16,400 $150 $27,950 Task 4. TDM Monitoring Report (First Year) 4 16 8 4 16 48 $7,600 5. Second Year - Data Collection & Field Review + TDM Monitoring Report 8 20 16 24 24 40 132 $16,400 $150 $35,550 6. Third Year - Data Collection & Field Review + TDM Monitoring Report 8 20 16 24 24 40 132 $16,400 $150 $35,550 7. Fourth Year - Data Collection & Field Review + TDM Monitoring Report 8 20 16 24 24 40 132 $16,400 $150 $35,550 TOTAL 40 92 68 96 96 168 560 $65,600 $650 $147,810 *Other Direct Costs shall include reimbursement for travel costs, based on the documented actual cost (with no markup or surcharge) of transit and taxi fares, and mileage reimbursement at the IRS standard mileage rate ($0.54 per mile as of 2017). 157 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2853 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:7/25/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: State Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act Sponsors: Indexes: Code sections: Attachments:Staff Report A - Sample Letter of Support Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: State Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act Adopt a position of support on Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act and authorize the Mayor to send letters in support of this bill CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™158 1 OFFICE OF THE CITY MANAGER CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3212 www.cupertino.org TELEPHONE: (408) 777-7603 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 19, 2017 Subject State Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act Recommended Action Adopt a position of support on Assembly Bill 262 (Bonta, Eggman, and Steinorth): Buy Clean California Act and authorize the Mayor to send letters in support of this bill. Summary AB 262 would incentivize clean manufacturing though the State’s procurement process in alignment with its climate change mitigation goals. Specifically, the bill introduces global warming potential (GWP) standards for certain construction materials to the State’s infrastructure bidding process. Discussion California is a leader in environmental stewardship and climate change mitigation. As such, the State has shaped a greener, less carbon intense local construction industry through forward-thinking legislation. However, the State’s procurement process for its own infrastructure projects is out of sync with the local industry. State projects are awarded to the lowest bidder, regardless of the greenhouse gas emissions associated with the proposed building materials. AB 262 introduces global warming potential (GWP) standards for certain construction materials to the State’s infrastructure bidding process, bringing the State’s actions more in line with its values. Specifically, the bill would require the Department of General Services to establish greenhouse gas emissions standards for certain building materials involved in State infrastructure projects. The Department would set maximum GWP limits on these materials based on industry standards. State agencies and the UC network would also include requirements for Environmental Product Declarations for covered materials in bid specs for public works projects to ensure the GWP for these materials does not exceed limits set by the Department of General Services. 159 2 The following materials would be subject to AB 262 GWP limits: • Brass pipe and pipe fittings • Carbon steel rebar • Flat glass • Mineral wool insulation • Steel line pipe • Structural steel • Structural steel pipe The City of Cupertino has followed the State’s lead in establishing Climate Action Plans and setting bold targets in reducing greenhouse gas emissions on the local level. For example, through City Council adoption of the Environmentally Preferred Purchasing Policy in July of 2007, City of Cupertino encourages the purchase and use of environmentally preferable products and services by City staff, elected officials, volunteers, consultants and contractors. Whenever practicable, the City uses recycled, reusable or reground materials when specifying asphalt concrete, aggregate base or Portland cement concrete for road construction projects. Through AB 262, the State’s purchasing decisions will align with Cupertino’s shared goal of shrinking our carbon footprint. Registered supporters include: American Lung Association in California Asian Pacific Environmental Network BlueGreen Alliance Breathe California California Environmental Justice Alliance California Labor Federation California League of Conservation Voters California Metals Coalition California Young Democrats Californians Against Waste Catholic Charities of the Diocese of Stockton Central Concrete Supply Co. Clean Water Action Climate Earth, Inc. Coalition for Clean Air Communications Workers of America, District 9 Environment California Environmental Defense Fund Filipino/American Coalition for Environmental Solidarity (FACES) Fossil Free CA Friends of the Earth 160 3 Gerdau Steel National Council of Jewish Women, Los Angeles Natural Resources Defense Council San Diego 350 Climate Change Action Service Employees International Union Sierra Club California State Building and Construction Trades Council StopWaste The Trust for Public Land Union of Concerned Scientists United Steelworkers District 12 Voices for Progress Education Fund (57 Individuals) 350 Bay Area 350 Sacramento The Trust for Public Land Union of Concerned Scientists Voices For Progress Voices For Progress Education Fund There are no registered opponents. Sustainability Impact Incentivizing green manufacturing has the potential to reduce greenhouse gas emissions, especially through the Department of General Service’s requirement of greenhouse gas standards for certain building materials involved in State infrastructure projects. Having greenhouse gas standards would set maximum global warming potential (GWP) limits on these materials and will minimize environmental impacts, toxics, pollution, and hazards to workers and the community, allowing for an overall better quality of life. Fiscal Impact There is no local fiscal impact as a result of supporting AB 262. _____________________________________ Prepared by: Toni Oasay-Anderson, Executive Assistant to the City Manager and Jaqui Guzmán, Deputy City Manager Approved for Submission by: David Brandt, City Manager Attachments: A. Sample Letter of Support 161 CUPERTINO CITY COUNCIL CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3192 • FAX: (408) 777-3366 August 20, 2017 The Honorable Senator Ricardo Lara State Capitol, Room 2206 Sacramento, CA 95814 RE: Support for AB 262 (Bonta, Eggman, and Steinorth) Buy Clean California Act Dear Senator Lara, On behalf of the City of Cupertino, we request your support for AB 262 (Bonta, Eggman, and Steinorth): “Buy Clean California Act.” AB 262 aligns the State’s procurement process with its climate change mitigation goals by rewarding clean manufacturing. California is a leader in environmental stewardship and climate change mitigation. As such, the State has shaped a greener, less carbon intense local construction industry through forward- thinking legislation. However, the State’s procurement process for its own infrastructure projects is out of sync with the local industry. State projects are awarded to the lowest bidder, regardless of the greenhouse gas emissions associated with the proposed building materials. AB 262 introduces global warming potential (GWP) standards for certain construction materials to the State’s infrastructure bidding process, bringing the State’s actions more in line with its values. Communities such as the City of Cupertino have followed the State’s lead in establishing Climate Action Plans and setting bold targets in reducing greenhouse gas emissions on the local level, including an Environmentally Preferred Purchasing Policy. Through AB 262, the State will continue this leadership and align its purchasing decisions with our shared goal of shrinking the State’s carbon footprint. For these reasons, the City respectfully asks for your support. Sincerely, Savita Vaidhyanathan Mayor, City of Cupertino cc: Assembly Members Bonta, Eggman, and Steinorth Assembly Member Evan Low Senator Jim Beall 162 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2622 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:5/8/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. for professional design services to prepare and deliver the I-280 Channel Trail Feasibility Study Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Agreement Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. for professional design services to prepare and deliver the I-280 Channel Trail Feasibility Study Approve an Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. in the amount not to exceed $299,935 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the I-280 Channel Trail Feasibility Study CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™163 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 15, 2017 Subject Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. for professional design services to prepare and deliver the I-280 Channel Trail Feasibility Study. Recommended Action Approve an Agreement between the City of Cupertino and Callander Associates Landscape Architecture, Inc. in the amount not to exceed $299,935 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the I-280 Channel Trail Feasibility Study. Description In June 2016, City Council adopted the “City of Cupertino 2016 Bicycle Transportation Plan” (Bike Plan). This Plan identified a prioritized list of recommended improvement projects to support and promote bicycling in Cupertino, including a series of multi-use paths that, when joined together, would form the “Cupertino Loop Trail”. One of the Tier 1 high-priority recommended Cupertino Loop Trail network segments identified in the Bike Plan is a trail south of and roughly parallel to I-280 between Mary Avenue and Tantau Avenue. Discussion Staff completed a qualifications-based selection process in June 2017, in accordance with State and City codes. In response to a Request for Proposals (RFP) issued by the City, three (3) proposals were received from firms, which were evaluated for relevant skills and experience. The two (2) top-ranked firms were invited to interview with staff. Staff recommends that the Agreement be awarded to Callander Associates Landscape Architecture, Inc. Callander Associates was selected for their experience with feasibility studies for pedestrian-bicycle trails, their experiences working with various key agencies and stakeholders, and their overall interview performance. The Agreement defines a maximum compensation to be authorized under the Agreement. This includes an allowance for additional services that were requested by 164 the City as part of the RFP and accounts for the potential need for additional surveying boundary work where available right-of-way information is insufficient and/or additional topographic surveys at crossings and structures. Basic Services $264,325 Additional Services $35,610 Maximum Compensation $299,935 Sustainability Impact Not applicable. Fiscal Impact No appropriation is required for this action. Subject to Council approval of this Agreement between the City and Callander Associates, the requisite funds will be encumbered from the 2016 Bicycle Plan Implementation budget in the Council-adopted 2017/18 Capital Improvement Program. _____________________________________ Prepared by: David Stillman, Transportation Manager Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Agreement 165 City of Cupertino Page 1 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] P.O. # _________________ AGREEMENT BETWEEN THE CITY OF CUPERTINO AND CALLANDER ASSOCIATES LANDSCAPE ARCHITECTURE, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE I-280 CHANNEL TRAIL FEASIBILITY STUDY This Agreement for Professional Design Services (“Agreement”), dated __________, 2017, is entered into by and between City of Cupertino, a municipal corporation (“City”), and Callander Associates Landscape Architecture, Inc., a California corporation (“Design Professional”). 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 on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Design Professional represents that it is specially trained, experienced and competent to perform the feasibility study and design services (“Services”) required for the City’s I-280 Channel Trail Feasibility Study (“Project”). C. Design Professional represents that it is duly licensed in good standing by the State of California to perform such Services and has submitted a proposal, dated June 14, 2017, (“Proposal”) in response to the City’s request for proposals. D. City is entering into this Agreement in reliance upon Design Professional’s representations, set forth above, to provide the Services in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. TERM: The term of this Agreement (“Term”) will begin on the date this Agreement is fully executed by both parties and, unless terminated earlier as set forth below or extended by a written amendment to this Agreement, will expire upon on June 30, 2019. 2. SERVICES TO BE PERFORMED: A. Basic Services. Design Professional will provide Basic Services under this Agreement as further described the Scope of Services set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein, and as further specified in the Proposal, except to the extent that any provision in the Proposal conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected in writing by the City. Basic Services may be divided into separate sequential tasks (“Tasks”) as further specified in Exhibit A. 166 City of Cupertino Page 2 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] B. Additional Services. City may request, at any time during the Term of this Agreement, that Design Professional provide additional services related to the Project, which are not already encompassed, expressly or implicitly, in this Agreement, Exhibit A or the Proposal (“Additional Services”). Any Additional Services must be authorized in writing by City. Design Professional will not be entitled to compensation for Additional Services provided without or prior to the City’s written authorization. Duly authorized Additional Services are subject to all of the provisions that apply to Basic Services under this Agreement, except and only to the extent otherwise specified. All references to “Services” include Basic Services and any authorized Additional Services. 3. SCHEDULE: All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached hereto and incorporated herein. Design Professional must promptly notify the City of any actual or potential delay in providing the Services as scheduled to afford the City adequate opportunity to address or mitigate the delay if possible. Design Professional must begin each separate Task included in Basic Services upon receipt from City of a notice to proceed (“Notice to Proceed”) for that Task, and must complete the Task within the time specified in Exhibit B. 4. COMPENSATION: A. Maximum Compensation. The cumulative total payment to Design Professional for Basic Services, Additional Services and expenses under this Agreement may not exceed $299,935.00. Design Professional is not entitled to any payment for Services or expenses in excess of this maximum limit. B. Basic Services. City will pay Design Professional $264,325.00 (“Lump Sum Price”), for the complete and satisfactory performance of the Basic Services in accordance with this Section 4 and as may be further specified in Exhibit C, Compensation, attached hereto and incorporated herein. The Lump Sum Price is completely inclusive of all time and expenses to provide the Basic Services, including, but not limited to, subconsultant costs, materials, supplies, equipment, travel, taxes, overhead and profit. If, for any reason, Design Professional does not fully complete the Basic Services it will only be entitled to a percentage of the Lump Sum Price that is proportionate to the percentage of Basic Services that were completed to the City’s reasonable satisfaction. C. Additional Services. Additional Services that have been duly authorized by City as specified above, and provided to the City’s reasonable satisfaction, may be compensated on a lump sum basis or based on time and expenses, subject to a not-to-exceed limit, using the Hourly Rates Schedule and Reimbursable Expenses Schedule included in Exhibit C, Compensation. An allowance of $35,610.00 has been budgeted for Additional Services under this Agreement. The City has the discretion, but not the obligation, to authorize Additional Services up to this not-to-exceed amount, including the discretion to elect not to authorize any Additional Services. For Additional Services provided on an hourly basis, Design Professional will be entitled to compensation for costs other than direct labor, normal business expenses and overhead, based on the documented actual cost only, with no markup or surcharge (“Reimbursable Expenses”). Design Professional will not be entitled to reimbursement for in house copying, printing, faxes, telephone charges, employee overtime, or travel to City’s offices 167 City of Cupertino Page 3 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] or to the Project site, unless or to the extent such expenses are specifically authorized in Exhibit C. D. Invoices and Payments. City will pay Design Professional for Services provided to the City’s reasonable satisfaction, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each Task as further specified in Exhibit C. City will notify Design Professional in writing if it disagrees with the stated percentage of completion, and if the disagreement is unresolved, City will pay Design Professional based on the portion of Services that City agrees have been satisfactorily completed at that point. 1. Time and Expenses: For Additional Services provided on an hourly basis, each invoice must also include, for each day Services were provided: a. The name and title of each individual or subconsultant providing Services; b. A succinct summary of the Services performed by each individual or subconsultant; c. The time spent by each individual or subconsultant providing those Services, in 30 minute increments; d. The applicable hourly billing rate or subconsultant charge and payment due; e. An itemized list with amounts and explanation for all permitted reimbursable expenses. 2. Rates and Receipts: All hourly rates and reimbursable expenses must conform to the City-approved rates set forth in Exhibit C, which will be in effect for the entire Term of the Agreement. Each invoice must attach legible, dated receipts for all Reimbursable Expenses. 5. TIME IS OF THE ESSENCE: Time is of the essence for the performance of all Services required under this Agreement and for all of Design Professional’s duties under this Agreement. Design Professional must at all times have sufficient, qualified staff or subconsultants assigned to timely provide all Services under this Agreement. Design Professional must take appropriate measures to avoid delay of Project completion, including, but not limited to, prompt submission of deliverables and any required revisions, and prompt responses to City or contractor requests, including, but not limited to, requests for information, substitution requests and change order requests. Failure to comply with the schedule requirements or failure to timely submit deliverables or provided responses as specified under this Agreement may be deemed a material breach of this Agreement. 6. STANDARD OF CARE: All Services must be provided in a manner that meets or exceeds the standard of care applicable to the same type of design professionals performing similar work in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by the City and who do not have any contractual 168 City of Cupertino Page 4 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] relationship with City, with the exception of this Agreement. All Services provided under this Agreement, including authorized Additional Services, must be performed as specified to the City’s reasonable satisfaction. 7. ERRORS AND OMISSIONS: Design Professional is solely responsible for all of its or its subconsultants’ errors and omissions and must promptly correct any and all such errors and omissions at its sole expense. Design Professional must also take appropriate measures to avoid or mitigate any delay, liability or costs resulting from any such errors or omissions. This provision survives expiration or termination of this Agreement. 8. PROJECT COORDINATION: A. City Project Manager. The City’s authorized delegee, Jennifer Chu, will be the City’s representative for all purposes under this Agreement (“City Project Manager”) with authority to oversee the progress and performance of Services under this Agreement. The City reserves the right to replace or provide a substitute City Project Manager at any time, and without prior notice to the Design Professional. B. Design Professional Project Manager. Design Professional will assign a single Project Manager (the “DP Project Manager”), subject to City approval, with authority to receive and act on directions from the City and responsibility for the progress and performance of Services under this Agreement. The designated DP Project Manager is Dave Rubin. If a substitute or replacement DP Project Manager is required for any reason, the City must be notified of the need as soon as possible, Design Professional’s designation of the individual proposed to serve as the substitute or replacement will be subject to the City’s prior written approval. Design Professional is not entitled to compensation for the time required for the substitute or replacement DP Project Manager to obtain sufficient knowledge of the required Services to fully assume the former DP Project Manager’s responsibilities. C. Communication and Coordination. Design Professional is responsible for coordinating the efforts of Design Professional’s subconsultants or subcontractors providing Services for this Agreement. Design Professional must also coordinate its Services to the extent reasonably possible, with other City employees or consultants assigned to the Project. Design Professional is responsible for ensuring that the City Project Manager is regularly updated as to the progress or status of the Services, including, but not limited to, participation in meetings or compliance with reporting requirements specified in Exhibit A. Design Professional has an affirmative obligation to promptly notify the City Project Manager of any significant problems or concerns as they arise in order to enable timely resolution or mitigation of any such problems. Design Professional must promptly respond to the City Project Manager’s inquiries regarding the Services. 9. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. Design Professional will, 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 (collectively, the “Indemnified Parties”) from and against any and all liability, claims, actions, causes of action or demands whatsoever against 169 City of Cupertino Page 5 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] any of them, including any injury to or death of any person or damage to property or other liability of any nature (collectively, “Liability”), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. Design Professional is not obligated under this Agreement to indemnify City to the extent that any Liability is caused by the sole or active negligence or willful misconduct of any of the Indemnified Parties. In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. B. Claims For Other Liability. For all liabilities other than those included within paragraph (A) above, Design Professional will, to the fullest extent allowed by law, indemnify, defend, and hold harmless the Indemnified Parties 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 of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. Design Professional will 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 the Indemnified Parties. C. Claims Involving Intellectual Property. In addition to the obligations set forth in paragraphs (A) and (B) above, Design Professional will indemnify, defend, and hold the Indemnified Parties harmless from and against any claim in which an alleged violation of intellectual property rights, including but not limited to copyright or patent rights, arises out of, pertains to, or relates to Design Professional’s negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses will include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. D. Survival. The requirements of this section survive expiration or termination of this Agreement. 10. INSURANCE: On or before the commencement of the Term of this Agreement, Design Professional must furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage required in this section. Such certificates, which do not limit Design Professional’s indemnification obligations, must also contain substantially the following statement: “If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino, Attention: City Manager.” Design Professional will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California. Design Professional must also submit endorsements with the certificates naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies, as further specified below. 170 City of Cupertino Page 6 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] A. Coverage. Design Professional must maintain the following insurance coverage: 1. Workers' Compensation: Statutory coverage as required by the State of California. If Design Professional is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. 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: Commercial automotive liability coverage for owned, non-owned and hired vehicles, in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each accident 4. Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Design Professional in the amount of at least $1,000,000 per claim and in the aggregate. The professional liability insurance must include prior acts coverage, which must remain in effect for four years following the earlier of expiration or termination of the Term of this Agreement. B. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City’s insurers. Design Professional agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Design Professional will look solely to its insurance for recovery. C. Failure to Comply. If Design Professional at any time during the Term of this Agreement fails to secure or maintain the required insurance, City may obtain or maintain the insurance in the Design Professional's name or on behalf of the Design Professional and will be compensated by the Design Professional 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 Endorsements. City, its City Council, boards and commissions, officers, officials, employees, agents and volunteers must be named as additional 171 City of Cupertino Page 7 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] insureds under all insurance coverages, except any worker’s compensation and professional liability insurance, required by this Agreement. Any additional insured will 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 will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Design Professional. Design Professional is advised to confer with Design Professional's insurance broker to determine adequate coverage for Design Professional. 11. INDEPENDENT CONTRACTOR: City and Design Professional intend that the relationship between them created by this Agreement is that of owner-independent contractor. The manner and means of providing the Services are under the control of Design Professional, 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 Design Professional's performance of the 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 Design Professional, its employees or agents. Deductions will 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 payments due to Design Professional. Payments for the above items, if required, are the responsibility of Design Professional. 12. SUBCONSULTANTS: Unless prior written consent from City is obtained, only those individuals and subconsultants whose names are included in this Agreement, including the Exhibits hereto, may provide Services under this Agreement. Design Professional must require all of its subconsultants providing Services under this Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Design Professional must be required to furnish proof of workers' compensation insurance and must also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance required for Design Professional. 13. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Design Professional assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services, pursuant to all applicable IRCA or other federal, or state laws, rules or regulations. Design Professional will indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with this section by Design Professional. 14. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer or employee conduct, Design Professional agrees that harassment or discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Design 172 City of Cupertino Page 8 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] Professional or Design Professional's employees or subconsultants on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected classification will not be tolerated. Any violation of this provision by Design Professional, its employees, subconsultants or agents constitutes a material breach of this Agreement, and grounds for termination for cause. 15. PROHIBITION AGAINST TRANSFERS: Design Professional will 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 City’s consent will be null and void, and any assignee, sublessee, hypothecate or transferee will acquire no right or interest by reason of any attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Professional, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Design Professional is a partnership or joint venture or syndicate or cotenancy, which results in changing the control of Design Professional as a legal entity, will be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the business entity. 16. PERMITS AND LICENSES: Design Professional, at its sole expense, must 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 the Services. 17. WORK PRODUCT: A. Property Rights. Any interest (including copyright interests) of Design Professional or its subconsultant(s) in any work product, document, report, draft, memoranda, map, record, plan, drawing, specification and other deliverable, in any medium (collectively, “Work Product”), which has been prepared or created by Design Professional or its subconsultant(s) pursuant to or in connection with this Agreement, will be the exclusive property of City. No Work Product, information or other data given to or prepared, created, or assembled by Design Professional or its subconsultant(s) pursuant to this Agreement may be made available to any individual or organization by Design Professional or its subconsultant(s) without prior written approval by City. All provisions of this section survive expiration or termination of this Agreement. B. Copyright. To the extent permitted by Title 17 of U.S. Code, all W ork Product prepared or created under this Agreement is deemed works for hire and all copyrights in such Work Product will be the property of City. In the event that it is ever determined that any Work Product prepared or created by Design Professional or any subconsultant under this Agreement are not works for hire under federal law, Design Professional hereby assigns to City all copyrights to such Work Product when and as created. Subject to City’s prior written approval, Design Professional may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Design Professional’s standard details, Design Professional may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Services. 173 City of Cupertino Page 9 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] C. Patents and Licenses. Design Professional must pay any and all royalties or license fees required for authorized use of any third party intellectual property, including, but not limited to, patented, trademarked, or copyrighted intellectual property that it selects for incorporation into the Services or Work Product provided under this Agreement. D. Re-Use of Work Product. Without limiting any other City right to any of the Work Product prepared or created by Design Professional or its subconsultants, and subject to the limitations of law, all Work Product prepared under this Agreement may be used or modified by the City or its authorized agents in execution or implementation of: 1. The Services for which Design Professional was hired; 2. Completion of the Services by others; 3. Subsequent additions to the Services; and/or 4. Other City projects. E. Deliverables and Format. Electronic and hard copies of Design Professional’s Work Product will constitute the Project deliverables. Plans must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. All written Work Product required to be provided by this Agreement (other than large-scale architectural plans and similar items) must be printed on recycled paper and copied on both sides of the paper except for one original, which must be single-sided. 18. RECORDS: Design Professional must maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of Services under this Agreement. Design Professional must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services. All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Design Professional must provide free access to such books and records to the City or its agents at all times during Design Professional’s normal business hours. Design Professional must give the City or its agents the right to examine and audit those items, and to make transcripts or copies as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, must be kept separate from other documents and records which are unrelated to this Agreement and must be maintained for a period of three years after receipt of final payment from the City. 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 Design Professional must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally; or on the second business day 174 City of Cupertino Page 10 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] after the deposit thereof in the United States Mail, postage prepaid, registered or certified; or upon confirmation of delivery by a reputable overnight delivery service. A. To City. All notices, demands, requests, or approvals from Design Professional to City must be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Jennifer Chu B. To Design Professional. All notices, demands, requests, or approvals from City to Design Professional must be addressed to Design Professional at: Callander Associates Landscape Architecture, Inc. 300 South First Street, Suite 232 San Jose, CA 95113 Attention: Dave Rubin 20. TERMINATION: A. Termination for Convenience. City may, at any time, acting in its sole discretion and without cause, terminate this Agreement for convenience by giving written notice to Design Professional at least seven days before the effective date of the termination. If the Agreement is terminated pursuant to this paragraph, the City will compensate Design Professional for all Services satisfactorily performed prior to the effective date and time of the termination, in accordance with this Agreement. B. Termination for Cause. If Design Professional fails or refuses to perform any of its duties under this Agreement at the time and in the manner required, Design Professional will be deemed in default of this Agreement. If the default is not cured or diligently attempted to be cured by Design Professional within the time specified in the City’s written notice of default, or if the Design Professional has otherwise materially breached the Agreement, the City may terminate the Agreement for cause by giving written notice to Design Professional at least seven days before the effective date of the termination, unless otherwise specified in the written notice of default. C. Duties upon Termination. If the Agreement is terminated, whether for convenience or cause, within seven days of the effective date of the termination, Design Professional must promptly deliver to City copies of all W ork Product, deliverables, or documents prepared by Design Professional under this Agreement, including both print and electronic versions. Full compliance with this requirement is a condition precedent to final payment following termination. This paragraph survives termination of the Agreement. 21. LEGAL REQUIREMENTS: Design Professional must comply with all applicable local, state or federal laws, rules and regulations, and all ordinances, rules and regulations enacted or issued by City. In addition, if any of the Services provided under this Agreement are subject to prevailing wage requirements under Labor Code Section 1720 et seq., the following provisions apply to those Services: 175 City of Cupertino Page 11 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] A. Prevailing Wages. To the extent applicable, Design Professional must comply with the City’s Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. B. Working Day. To the extent applicable, Design Professional must comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 ½ times the basic rate of pay. C. Payroll Records. To the extent applicable, Design Professional must comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The payroll records must be made available for inspection as provided in California Labor Code Section 1776. D. Apprentices. To the extent applicable, Design Professional must comply with California Labor Code Section 1777.5 regarding apprentices. 22. DISPUTE RESOLUTION: This Agreement will 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 must be filed with the Superior Court for the County of Santa Clara, State of California, and no other place. If the parties engage in arbitration to resolve a dispute relating to this Agreement, the arbitrator’s award must be supported by law and substantial evidence, and must include detailed written findings of law and fact. This section survives expiration or termination of the Agreement. 23. ATTORNEY FEES: If the City initiates a legal action, including a complaint or cross-complaint, arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs, including the attorney fees and costs for any arbitration, appeal, or enforcement of judgment. This attorney fee provision does not apply to legal actions initiated by the Design Professional. This section survives expiration or termination of the Agreement. 24. ADVERTISEMENT: Design Professional may not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, posters or cards of any kind on City property performed under this Agreement without prior written approval from the City. 176 City of Cupertino Page 12 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein will 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. 26. THIRD PARTY BENEFICIARIES: There are no intended third party beneficiaries of this Agreement. 27. RECITALS: The parties agree that the above recitals, which are made part of this Agreement, are true and correct. 28. INTEGRATED AND AMENDMENT: 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 will be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written instrument signed by authorized representatives for both City and Design Professional. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, all remaining provisions will remain in full force and effect. 29. CONFLICT OF INTEREST: Design Professional warrants that it is not a conflict of interest for Design Professional to perform the Services required by this Agreement. Design Professional may be required to fill out a conflict of interest form if the Services provided under this Agreement require Design Professional 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. 30. GIFTS: Design Professional is familiar with City’s prohibition against the acceptance of any gift by a City officer or designated employee, as set forth in City Administrative Procedures. Design Professional agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. Offering or giving a prohibited gift constitutes a material breach of this Agreement by Design Professional. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for cause as provided in Section 20 of this Agreement. 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein, and the Agreement will 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 will be amended to make such insertion on application by either party. 177 City of Cupertino Page 13 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] 32. EXECUTION: The person executing this Agreement on behalf of the Design Professional represents and warrants that the Design Professional has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Design Professional. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 33. HEADINGS: The headings 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. [Signatures on following page.] 178 City of Cupertino Page 14 of 14 Callander Associates Landscape Architecture, Inc. For I-280 Channel Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. DESIGN PROFESSIONAL CITY OF CUPERTINO Callander Associates Landscape A Municipal Corporation Architecture, Inc. By By _____________________ Timm Borden, Director of Public Works Name__________________ Date____________________ Title Date___________________ Tax I.D. No.: ________________ APPROVED AS TO FORM: Address: ___________________ ___________________________ _________________________ Randolph Stevenson Hom, City Attorney ATTEST: ______________________________ Grace Schmidt, City Clerk Contract Amount: _________________ Account No. : ____________________ 179 EXHIBIT A – SCOPE OF SERVICES Interstate 280 Channel Trail Feasibility Study July 31, 2017 The following scope of services is a suggested approach and is subject to modification to respond to specific requirements of the project. The scope incorporates three fundamental principles of public project development; (1) a carefully managed project vetting process, (2) keeping the client fully informed at all times, (3) opportunities for input on each plan iteration by all effected parties. Items shown in bold-face italics are deliverables. TASK 1: BACKGROUND INFORMATION 1.01 Start-Up Meeting: Prepare for and facilitate an initial meeting with city staff to review overall project objectives, team member roles, approach, project management and schedule, Technical Advisory Committee (TAC) formation, key concerns and other aspects of the project. In coordination with the city, we will prepare a meeting agenda and a meeting summary. 1.02 Phone Coordination: Conduct bi-weekly phone conferences to discuss project status for the duration of the project. Task assumes one (1) hour for each call. 1.03 Initial Site Investigation: As part of the start-up meeting a cursory initial site visit will be critical to an understanding of the project and rapid identification of plausible alignments. We will visit select spots along the I-280 channel as well as parallel corridors to the south and note specific characteristics of each. 1.04 Technical Advisory Committee Formation and Outreach Plan: Formalize technical advisory committee and develop contact list and identify meeting dates and locations. The Committee shall consist of the underlying property owners and other key players and is anticipated to include representatives from Vallco, Apple, SCVWD, Caltrans, Cupertino Loc-N-Stor, SCVTA, the City of Sunnyvale, PG&E and others as warranted. In assembling this disparate group of stakeholders the attendees benefit from a broader project understanding and a spirit of cooperation emerges that is much more difficult to foster if each stakeholder was to be approached separately. Develop a public outreach plan including community events to be attended and by whom, committee and public meeting dates and locations, goals and objectives of each meeting, notification collateral and protocols, etc. Craft a Mission Statement that embodies the project’s goals, ‘spirit’ and working relationships. 1.05 Public Meeting Collateral: As part of the above outreach plan identify and prepare all project outreach collateral items including project branding (to be 180 incorporated on all materials), meeting newsletter (1), meeting postcard (1), on- line surveys (3), and information booth materials such as a banner project information board. Callander to prepare designs and provide originals to city for printing and distribution. Task includes preparation of artwork for the above and preparation of content for posting to the City’s website throughout the process. Translation and interpreter services to be provided by the City. 1.06 Base Data Acquisition: Obtain reference information for use in conceptual design. Existing mapping of the subject area (by SCVWD, City GIS, utility agencies, Google Earth aerials, shall be used in the development of base sheets. Other information to be obtained to include regulatory guidelines, prior planning documents, SCVWD shared use guidelines, and general policy statements issued by local jurisdictions that speak to the development of trails. This shall include Cupertino General Plan, 2016 Bicycle Transportation Plan, South Vallco Connectivity Plan, Joint Cities Coordinated Stevens Creek Trail Feasibility Study, Santa Clara Countywide Trails Master Plan Update, Countywide Trails Prioritization and Gaps Analysis, and VTA Bikeways Map D – Cupertino, Campbell, Saratoga, and Los Gatos. In addition, review available standards from Santa Clara County, Santa Clara Valley Water District, Caltrans, ADA, VTA and other that would apply to this planning effort. Prepare summary memo describing standards and guidelines and how this trail segment aligns with previous planning efforts and standards as well as any additional findings that would affect trail development. 1.07 File Set-Up: Create a Drop Box or equivalent file share for the project. Collect and catalog reference info. TASK 2: OWNERSHIPS AND JURISDICTIONS 2.01 Mapping: In order to better evaluate the feasibility of this trail alignment it will be necessary to understand property ownership issues, easements, right of ways, and other site conditions. The mapping task will occur over two phases. a. Phase One - Research and locate available documents (parcel maps, deeds, title reports, aerial, topo survey, etc.) available from the City and Santa Clara Valley Water District to initially define the available Right-of- Way for the project with an emphasis on the channel. Obtain a limited number of title reports for those parcels that present challenges such as easements or property constraints. (note: as part of this fee an allowance has been provided for obtaining title reports) Combine base data sources into a series of project base maps for use on the project. b. Phase Two (Optional Services) – Once alignments are narrowed down and topographic needs and constraints identified then mapping can continue in earnest. A mapping services proposal will be prepared that will be limited to the more feasible alignments and will involve filling in the gaps in information provided by the City through GIS files and other documentation. For purposes of this proposal and allowance has been provided for this effort. With City’s concurrence on the limits, scope and cost of the additional mapping to be performed, proceed to complete the project mapping. 181 TASK 3: SITE RECONNAISSANCE 3.01 Detailed Site Reconnaissance: With base information in hand perform a detailed investigation. This field work will include more extensive field documentation of existing conditions and ‘walking’ the entire length of each reach to develop a higher level of understanding of the specific challenges associated with each. Photograph site for studio and presentation purposes. 3.02 Site Analysis: Document findings on an Existing Facilities Inventory and Analysis consisting of graphics, photographs, and supporting imagery superimposed on the project base map to educate stakeholders and the public about the existing site conditions and to summarize key opportunities and constraints. Items to map include property ownership, zoning & land use, channel conditions, on-street bicycle/ped facilities, multi-modal connections, crossings (road, rail, water, bridges), major vegetation, utilities (critical above and below ground items), grading issues, easements, and geological and biological concerns. 3.03 City Staff Meeting: Review the above information with city staff. Capture the decisions made and the follow up action items in a meeting summary. 3.04 Community Events: Participate in up to (2) community event booths, such as farmer’s markets to get the word out about the project and highlight opportunities for input. 3.05 TAC Meeting #1: Review overall project goals and objectives and discuss specific site issues utilizing the existing facilities inventory and analysis. Obtain feedback and prepare written meeting summary. 3.06 Public Meeting #1 (Single Meeting): The purpose of the first public meeting will be to introduce the project goals and objectives, related planning efforts, review opportunities and constraints, and to obtain initial thoughts and concerns from the public. Our expectation is that a large community hall type venue would be available and we would facilitate individual stations that participants can navigate and obtain project information and provide input. Prepare written meeting summary. TASK 4: DEVELOPMENT OF ALTERNATIVES 4.01 Trail Alignment Alternatives: Based on the initial site investigations, and public input, suggest potential trail alignments. Review the route as identified in the Citywide study and provide additional alternate routes where constraints suggest that alternates should be evaluated. These will be documented on a 200 scale trail alternative alignments plan. Each alignment route will be catalogued with photos showing typical condition and potential obstacles (crossings, etc.). Detailed areas such as crossings will be the subject of plan enlargements (up to five total) to better depict the specifics of the plan. 182 4.02 Route Evaluation: Prepare a preliminary assessment of alignments of the pro’s and con’s associated with each alternate route. Utilize goals and objectives developed during city staff meetings and public input and develop a graphic evaluation matrix to compare alignments and how the meet these goals. 4.03 Traffic Analysis: Fehr & Peers will assist with the development of the trail alignments and perform associated operational analyses, preliminarily including the following tasks: • Identify and document potential affects to traffic operations resulting from the introduction of at-grade trail crossings at up to three locations. • AM and PM peak hour traffic operational analysis for existing conditions and one future traffic volume scenario. • All analyses will be conducted using Synchro 9.0 software and do not include microsimulation. • It is assumed that existing traffic signal timing, traffic count data, and future volume forecasts will be provided to Fehr & Peers by others and/or taken from available sources. 4.04 City Staff Meeting: Present the above in a meeting with City staff. Discuss refinements and make minor revisions to plans and matrix where prudent. Prepare written meeting summary. 4.05 TAC Meeting #2: TAC members are reconvened to provide input on the alternative alignment plans and assessments. Facilitate input and prepare written meeting summary. 4.06 Public Meeting #2 (Two Separate Meetings): Public meeting #2 is anticipated to follow the format of the first meeting, with the addition of a recap of all the project activities that transpired since the first meeting. Participants will have the opportunity to evaluate the alternative alignments and assessments and then provide feedback. The same meeting will be held at two different locations and days to provide additional opportunities for public input. Prepare written meeting summary. 4.07 Bike and Pedestrian Commission Meeting #1: Present the project at a single Bike and Pedestrian Commission Meeting. Presentation to include a summary of the pro’s and con’s of each route, a summary of the work performed to date and the items of significance as identified by the public. Provide clarifications and responses to Commission members’ questions. Provide the Commission with a recommendation on a preferred alignment and solicit the commissions’ support or recommendation of an ultimate alignment. 4.08 Council Meeting #1: Present the project at a single City Council Study Session. Presentation to essentially match the format of the presentation to the Commission with the exception that the Commission meeting input will be discussed. Share the Commissions’ recommendations on a preferred alignment 183 and solicit the Council’s support or their recommendation of an alternate alignment. TASK 5: COMMUNITY OUTREACH / PREFERRED ALIGNMENT 5.01 Draft Alignment Plan Preparation: Prepare a Draft Alignment Plan. This single alignment plan will indicate the most desirable of the options pursued to this point. The Alignment plan will consist of a combination of documents including an overall plan prepared at 200 scale, detail enlargements of up to five key areas along the trail (crossings, pinch points. etc.), and up to three SketchUp visual simulations of key elements such as bridges and other elements more easily understood with 3-D modeling. Additional documentation to include a traffic considerations memo summarizing the results of operational analyses for up to five proposed at-grade trail crossings, ROW acquisitions required, and an overall estimate of project costs (design + construction + administration). 5.02 City Staff Meeting: Meet to present all of the aforementioned materials to City Staff. Facilitate comments and discuss direction for proceeding with refinements. Allow for minor modifications to documents prior to the next tasks. Prepare written meeting summary. 5.03 TAC Feedback: Issue the above information to the technical advisory committee via email to allow for members to provide feedback. Prepare written summary of feedback received. 5.04 Public Meeting #3 (Single Meeting): Public meeting #3 is anticipated to follow the format of the first two meetings, with the addition of a recap of all the project activities that transpired since the first meeting. Prepare written meeting summary. 5.05 City Staff Meeting: Meet to go over the input received in the public meeting and identify any course corrections and necessary refinements to the plan to be incorporated as part of the draft feasibility study report below. Prepare written meeting summary. 5.06 Draft Feasibility Study Report Preparation: Prepare an executive summary, process description, summary of key considerations, and timeline and compile the work products developed over the course of the project into a cohesive, easy-to-read report (Feasibility Study) with the intention that this plan will serve as the blueprint for the next phase of the I-280 Channel Trail. 5.07 City Staff Meeting: Present the revised materials and strategize the upcoming commission meeting. Prepare written meeting summary. 5.08 Bike and Pedestrian Commission Meeting #2: Present the project at a single Bike and Pedestrian Commission Meeting, reporting on input received and the 184 selection of an alignment. Soliciting their input and endorsement (conditioned as needed). 5.09 Park and Recreation Commission & Planning Commission: Present the project at separate Park and Recreation Commission & Planning Commission Meetings, reporting on input received and the selection of an alignment. Soliciting their input and endorsement (conditioned as needed). TASK 6: FEASIBILITY STUDY 6.01 Final Feasibility Study Report Preparation: Based upon input from above, proceed to refine the draft report and supporting materials and submit the Final Feasibility Study to the City. 6.02 City Staff Meeting: Present the Feasibility Study in draft form and discuss the format and content. Prepare written meeting summary. 6.03 Council Meeting #2: Present the revised plan, respond to Council member questions and concerns and seek the Council’s endorsement of the plan. Make minor modifications to the report and supporting materials based upon input. Submit the Final Feasibility Study Report to the City in electronic format for their use. OPTIONAL SERVICES It is understood that periodically throughout the feasibility study process the design team and city staff will be evaluating the need for additional information and meetings to ensure holes in background information are filled and that the community engagement program is producing the input required. For this reason, several optional tasks have been provided for the city to authorize if the need is identified. These tasks include obtaining a limited amount of topographic survey information to further analyze a specific crossing or conflict area, that cannot be fully analyzed through available information, and budgets for additional meetings if they are needed. These tasks must be authorized by the city in writing prior to beginning the work. ADDITIONAL SERVICES All tasks not specifically noted above could be performed as additional services. These tasks would include, but not be limited to, all revisions or additional submittals required by the City or any other agency’s review, other meetings, additional design studies, or other tasks not specifically noted in the foregoing. These services would be billed hourly or on a lump sum fee basis to be documented in a written amendment to this agreement. REIMBURSABLE EXPENSES In addition to the above fees, we would bill for all printing and reproduction, delivery, horticultural soils samples, the communication and insurance surcharge, and other reimbursable expenses as noted in the attached Standard Schedule of Compensation. 185 You should establish a tentative budget for these expenses (see 7.0 Summary below). These costs will be itemized on our invoice and compared monthly with the total allowances to assist you in monitoring these costs. 186 IDTask NameDurationStartFinishPredecessors1Contract Approval0 daysTue 8/15/17Tue 8/15/172TASK 1: BACKGROUND INFORMATION321 daysTue 8/15/17Tue 11/6/1831.01 start-up meeting5 daysMon 8/21/17Fri 8/25/171FS+4 days41.02 phone coordination321 daysTue 8/15/17Tue 11/6/1851.03 initial site investigation5 daysMon 8/21/17Fri 8/25/173FF61.04 outreach plan10 daysMon 8/28/17Fri 9/8/17571.05 public meeting collateral15 daysMon 8/28/17Fri 9/15/17381.06 base data acquisition15 daysMon 8/28/17Fri 9/15/17391.07 file set-up5 daysMon 8/28/17Fri 9/1/17310TASK 2: OWNERSHIPS AND JURISDICTIONS25 daysMon 8/28/17Fri 9/29/17112.01 mapping (phase one)25 daysMon 8/28/17Fri 9/29/17312TASK 3: SITE RECONNAISANCE65 daysMon 9/11/17Fri 12/8/17133.01 detailed site reconaissance5 daysMon 10/2/17Fri 10/6/1711143.02 site analysis10 daysMon 10/9/17Fri 10/20/1713153.03 city staff meeting5 daysMon 11/6/17Fri 11/10/1714FS+10 days163.04 community events45 daysMon 9/11/17Fri 11/10/176173.05 tac meeting #15 daysMon 11/27/17Fri 12/1/1715FS+10 days183.06 public meeting #15 daysMon 12/4/17Fri 12/8/171719PHASE 4: DEVELOPMENT OF ALTERNATIVES81 daysMon 12/11/17Tue 4/3/18204.01 trail alignment alternatives25 daysMon 12/11/17Fri 1/12/1818214.02 route evaluation10 daysMon 1/1/18Fri 1/12/1820FF224.03 traffic analysis 15 daysMon 12/25/17Fri 1/12/1820FF234.04 city staff meeting5 daysMon 1/29/18Fri 2/2/1820FS+10 days244.05 tac meeting #25 daysMon 2/12/18Fri 2/16/1823FS+5 days254.06 public meeting #2a5 daysMon 2/19/18Fri 2/23/1824264.06 public meeting #2b5 daysMon 2/26/18Fri 3/2/1825274.07 bike and pedestrian commission meeting #1 (third Wednesday)0 daysWed 3/21/18Wed 3/21/18284.08 Council meeting #1 (fisrt and third Tuesday)0 daysTue 4/3/18Tue 4/3/1829TASK 5: COMMUNITY OUTREACH / PREFERRED ALIGNMENT115 daysTue 4/3/18Tue 9/11/18305.01 draft alignment plan preparation25 daysTue 4/3/18Mon 5/7/1828315.02 city staff meeting5 daysTue 5/22/18Mon 5/28/1830FS+10 days325.03 tac feedback15 daysTue 5/29/18Mon 6/18/1831335.04 public meeting #35 daysTue 6/5/18Mon 6/11/1831FS+5 days345.05 city staff meeting5 daysTue 6/19/18Mon 6/25/1833FS+5 days355.06 draft feasibility study report15 daysTue 6/26/18Mon 7/16/1834365.07 city staff meeting5 daysTue 7/31/18Mon 8/6/1835FS+10 days375.08 bike and pedestrian commission meeting #2 (third Wednesday)0 daysWed 8/15/18Wed 8/15/18385.09 park and recreation commission (first Thursday)0 daysThu 9/6/18Thu 9/6/18395.09 planning commission (second and fourth Tuesday)0 daysTue 9/11/18Tue 9/11/1840TASK 6: FEASIBILITY STUDY40 daysTue 9/11/18Tue 11/6/18416.01 final feasibility study report15 daysTue 9/11/18Mon 10/1/1839426.02 city staff meeting5 daysTue 10/16/18Mon 10/22/1841FS+10 days436.03 Council meeting #2 (first and third Tuesday)0 daysTue 11/6/18Tue 11/6/188/153/214/38/159/69/1111/6STMFTSWSTMFTSWSTMFTSWJul 30, '17Sep 24, '17Nov 19, '17Jan 14, '18Mar 11, '18May 6, '18Jul 1, '18Aug 26, '18Oct 21, '18TaskSplitProgressMilestoneSummaryProject SummaryExternal TasksExternal MilestoneDeadlineEXHIBIT B - SCHEDULE OF PERFORMANCEI-280 Channel Trail Feasibility StudyPage 1Project: PJ380_ScheduleDate: Fri 7/28/17187 Callander Associates Landscape Architecture EXHIBIT C - COMPENSATION I-280 Channel Trail Feasibility Study July 31, 2017 Overall Fehr & Peers (FP) traffic engineering Sandis (SAN)topographic/boundary survey, civil engineering Fees, Basic Services task CA FP SAN Totals 1.0 background information $28,943 $1,500 $1,750 $32,193 2.0 ownerships and jurisdiction $0 $0 $12,500 $12,500 a. title report allowance $1,890 $0 $5,000 $6,890 3.0 site reconnaissance $21,794 $5,000 $2,000 $28,794 4.0 development of alternatives $41,298 $28,000 $2,000 $71,298 5.0 community outreach/preferred alignment $65,821 $12,000 $0 $77,821 6.0 feasibility study $12,609 $7,500 $2,000 $22,109 reimbursable expenses (allowance)$10,340 $1,620 $760 $12,720 Subtotal (fees and expenses)$182,695 $55,620 $26,010 $264,325 $264,325 Additional boundary/topographic survey and meetings (allowance)$35,610 Total with Additional Services $299,935 Based on the Scope of Services prepared by Callander Associates and subconsultants and the "Task Matrix" dated June 31, 2017, we have prepared the following summary of compensation. Callander Associates Landscape Architecture, Inc. will be the prime consultant on the project with the following subconsultants: All reimbursable expenses, including the communication and insurance surcharge noted on the attached Standard Schedule of Compensation dated 2017 (San Jose), would be invoiced as a separate line item. These costs will be itemized on our invoice and compared monthly with the total allowance to assist you in monitoring these costs. Total Basic Services Not to Exceed Compensation (for tasks 1.0 through 6.0 and reimbursable expenses) PJ380FeeProposal.xls © copyrighted 2017 Callander Associates Landscape Architecture, Inc. 188 2017 SJ Fee Schedule © copyrighted 2017 Callander Associates Landscape Architecture, Inc. Standard Schedule of Compensation 2017 San Jose General The following list of fees and reimbursable expense items shall be used in providing service in the agreement. These amounts shall be adjusted in January, upon issuance of an updated Standard Schedule of Compensation: Hourly Rates Principal $190/hour Senior Associate $178/hour Associate $168/hour Senior Project Manager $152/hour Project Manager 1 $146/hour Project Manager 2 $138/hour Construction Manager $149/hour Job Captain $127/hour Designer 1 $117/hour Designer 2 $108/hour Assistant Designer $95/hour Project Administrator $105/hour Accounting $122/hour Reimbursable Expenses All costs for photography, printing and plotting, special delivery, insurance certificate charges, charges for waivers of subrogation, local business licenses, sales taxes, assessments, fees, mileage, all CADD and visual simulation ancillary costs, such as data transfers, tapes and outside services, and all other costs directly related to the project will be billed as a reimbursable expense at our cost plus a fifteen percent (15%) administration charge. The cost of professional liability insurance and all costs associated with cell phones, electronic mail, faxes, long distance phone charges and related telecommunications shall be charged as a combined surcharge of 2.5% on the total fees. Payments Payments are due within ten days after monthly billing with amounts more than thirty days past due subject to a 1.5% per month interest charge. Retainer amounts, if indicated, are due upon signing the agreement and shall be applied to the final invoice for the project. 189 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2904 Name: Status:Type:Consent Calendar Agenda Ready File created:In control:8/9/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Agreement between the City of Cupertino and Alta Planning + Design, Inc. for professional design services to prepare and deliver the Union Pacific Railroad Trail Feasibility Study Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Agreement Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Agreement between the City of Cupertino and Alta Planning + Design, Inc. for professional design services to prepare and deliver the Union Pacific Railroad Trail Feasibility Study Approve an Agreement between the City of Cupertino and Alta Planning + Design, Inc. in the amount not to exceed $259,889 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the Union Pacific Railroad Trail Feasibility Study CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™190 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 15, 2017 Subject Agreement between the City of Cupertino and Alta Planning + Design, Inc. for professional design services to prepare and deliver the Union Pacific Railroad Trail Feasibility Study. Recommended Action Approve an Agreement between the City of Cupertino and Alta Planning + Design, Inc. in the amount not to exceed $259,889 from the date of execution through June 30, 2019, and authorize the Director of Public Works to negotiate and execute all necessary documents to carry out all consultant services for the Union Pacific Railroad Trail Feasibility Study. Description In June 2016, City Council adopted the “City of Cupertino 2016 Bicycle Transportation Plan” (Bike Plan). This Plan identified a prioritized list of recommended improvement projects to support and promote bicycling in Cupertino, including a series of multi-use paths that, when joined together, would form the “Cupertino Loop Trail”. One of the Tier 1 high-priority recommended Cupertino Loop Trail network segments identified in the Bike Plan is a trail along the Union Pacific Railroad between the Hammond-Snyder Loop Trail and Saratoga-Sunnyvale Road. Discussion Staff completed a qualifications-based selection process in June 2017, in accordance with State and City codes. In response to a Request for Proposals (RFP) issued by the City, two (2) proposals were received from firms, which were evaluated for relevant skills and experience. Staff recommends that the Agreement be awarded to Alta Planning + Design, Inc. (Alta). Alta was selected for their experience with feasibility studies for pedestrian- bicycle trails, particularly along railroad tracks, and their experiences working with various key agencies and stakeholders. The Agreement defines a maximum compensation to be authorized under the Agreement. This includes an allowance for additional services that were requested by 191 the City as part of the RFP and accounts for the potential need for additional surveying boundary work where available right-of-way information is insufficient and/or additional topographic surveys at crossings and structures. Basic Services $211,080 Additional Services $48,809 Maximum Compensation $259,889 Sustainability Impact Not applicable. Fiscal Impact No appropriation is required for this action. Subject to Council approval of this Agreement between the City and Alta, the requisite funds will be encumbered from the 2016 Bicycle Plan Implementation budget in the Council-adopted 2017/18 Capital Improvement Program. _____________________________________ Prepared by: David Stillman, Transportation Manager Reviewed by: Timm Borden, Director of Public Works Department Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Agreement 192 City of Cupertino Page 1 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] P.O. # _________________ AGREEMENT BETWEEN THE CITY OF CUPERTINO AND ALTA PLANNING + DESIGN, INC. FOR PROFESSIONAL DESIGN SERVICES FOR THE UNION PACIFIC RAILROAD TRAIL FEASIBILITY STUDY This Agreement for Professional Design Services (“Agreement”), dated _____________, 2017, is entered into by and between City of Cupertino, a municipal corporation (“City”), and Alta Planning + Design, Inc., a California Corporation (“Design Professional”). 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 on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupertino Municipal Code. B. Design Professional represents that it is specially trained, experienced and competent to perform the feasibility study and design services (“Services”) required for the City’s Union Pacific Railroad Trail Feasibility Study (“Project”). C. Design Professional represents that it is duly licensed in good standing by the State of California to perform such Services and has submitted a proposal, dated June 14, 2017 (“Proposal”) in response to the City’s request for proposals. D. City is entering into this Agreement in reliance upon Design Professional’s representations, set forth above, to provide the Services in accordance with the terms and conditions of this Agreement. TERMS AND CONDITIONS 1. TERM: The term of this Agreement (“Term”) will begin on the date this Agreement is fully executed by both parties and, unless terminated earlier as set forth below or extended by a written amendment to this Agreement, will expire upon on June 30, 2019. 2. SERVICES TO BE PERFORMED: A. Basic Services. Design Professional will provide Basic Services under this Agreement as further described the Scope of Services set forth in Exhibit A, Scope of Services, attached hereto and incorporated herein, and as further specified in the Proposal, except to the extent that any provision in the Proposal conflicts or is inconsistent with this Agreement and the Exhibits hereto, or as otherwise expressly rejected in writing by the City. Basic Services may be divided into separate sequential tasks (“Tasks”) as further specified in Exhibit A. 193 City of Cupertino Page 2 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] B. Additional Services. City may request, at any time during the Term of this Agreement, that Design Professional provide additional services related to the Project, which are not already encompassed, expressly or implicitly, in this Agreement, Exhibit A or the Proposal (“Additional Services”). Any Additional Services must be authorized in writing by City. Design Professional will not be entitled to compensation for Additional Services provided without or prior to the City’s written authorization. Duly authorized Additional Services are subject to all of the provisions that apply to Basic Services under this Agreement, except and only to the extent otherwise specified. All references to “Services” include Basic Services and any authorized Additional Services. 3. SCHEDULE: All Services must be provided within the times specified in Exhibit B, Schedule of Performance, attached hereto and incorporated herein. Design Professional must promptly notify the City of any actual or potential delay in providing the Services as scheduled to afford the City adequate opportunity to address or mitigate the delay if possible. Design Professional must begin each separate Task included in Basic Services upon receipt from City of a notice to proceed (“Notice to Proceed”) for that Task, and must complete the Task within the time specified in Exhibit B. 4. COMPENSATION: A. Maximum Compensation. The cumulative total payment to Design Professional for Basic Services, Additional Services and expenses under this Agreement may not exceed $259,889.00. Design Professional is not entitled to any payment for Services or expenses in excess of this maximum limit. B. Basic Services. City will pay Design Professional $211,080.00 (“Lump Sum Price”), for the complete and satisfactory performance of the Basic Services in accordance with this Section 4 and as may be further specified in Exhibit C, Compensation, attached hereto and incorporated herein. The Lump Sum Price is completely inclusive of all time and expenses to provide the Basic Services, including, but not limited to, subconsultant costs, materials, supplies, equipment, travel, taxes, overhead and profit. If, for any reason, Design Professional does not fully complete the Basic Services it will only be entitled to a percentage of the Lump Sum Price that is proportionate to the percentage of Basic Services that were completed to the City’s reasonable satisfaction. C. Additional Services. Additional Services that have been duly authorized by City as specified above, and provided to the City’s reasonable satisfaction, may be compensated on a lump sum basis or based on time and expenses, subject to a not-to-exceed limit, using the Hourly Rates Schedule and Reimbursable Expenses Schedule included in Exhibit C, Compensation. An allowance of $48,809.00 has been budgeted for Additional Services under this Agreement. The City has the discretion, but not the obligation, to authorize Additional Services up to this not-to-exceed amount, including the discretion to elect not to authorize any Additional Services. For Additional Services provided on an hourly basis, Design Professional will be entitled to compensation for costs other than direct labor, normal business expenses and overhead, based on the documented actual cost only, with no markup or surcharge (“Reimbursable Expenses”). Design Professional will not be entitled to reimbursement for in house copying, printing, faxes, telephone charges, employee overtime, or travel to City’s offices 194 City of Cupertino Page 3 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] or to the Project site, unless or to the extent such expenses are specifically authorized in Exhibit C. D. Invoices and Payments. City will pay Design Professional for Services provided to the City’s reasonable satisfaction, within 30 days following receipt of a properly submitted invoice for Services provided during the preceding calendar month. The invoice must separately itemize and provide subtotals for Basic Services and Additional Services, and must state the percentage of completion for each Task as further specified in Exhibit C. City will notify Design Professional in writing if it disagrees with the stated percentage of completion, and if the disagreement is unresolved, City will pay Design Professional based on the portion of Services that City agrees have been satisfactorily completed at that point. 1. Time and Expenses: For Additional Services provided on an hourly basis, each invoice must also include, for each day Services were provided: a. The name and title of each individual or subconsultant providing Services; b. A succinct summary of the Services performed by each individual or subconsultant; c. The time spent by each individual or subconsultant providing those Services, in 30 minute increments; d. The applicable hourly billing rate or subconsultant charge and payment due; e. An itemized list with amounts and explanation for all permitted reimbursable expenses. 2. Rates and Receipts: All hourly rates and reimbursable expenses must conform to the City-approved rates set forth in Exhibit C, which will be in effect for the entire Term of the Agreement. Each invoice must attach legible, dated receipts for all Reimbursable Expenses. 5. TIME IS OF THE ESSENCE: Time is of the essence for the performance of all Services required under this Agreement and for all of Design Professional’s duties under this Agreement. Design Professional must at all times have sufficient, qualified staff or subconsultants assigned to timely provide all Services under this Agreement. Design Professional must take appropriate measures to avoid delay of Project completion, including, but not limited to, prompt submission of deliverables and any required revisions, and prompt responses to City or contractor requests, including, but not limited to, requests for information, substitution requests and change order requests. Failure to comply with the schedule requirements or failure to timely submit deliverables or provided responses as specified under this Agreement may be deemed a material breach of this Agreement. 6. STANDARD OF CARE: All Services must be provided in a manner that meets or exceeds the standard of care applicable to the same type of design professionals performing similar work in the San Francisco Bay Area. Services may only be performed by qualified and experienced personnel or subconsultants who are not employed by the City and who do not have any contractual 195 City of Cupertino Page 4 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] relationship with City, with the exception of this Agreement. All Services provided under this Agreement, including authorized Additional Services, must be performed as specified to the City’s reasonable satisfaction. 7. ERRORS AND OMISSIONS: Design Professional is solely responsible for all of its or its subconsultants’ errors and omissions and must promptly correct any and all such errors and omissions at its sole expense. Design Professional must also take appropriate measures to avoid or mitigate any delay, liability or costs resulting from any such errors or omissions. This provision survives expiration or termination of this Agreement. 8. PROJECT COORDINATION: A. City Project Manager. The City’s authorized delegee, Jennifer Chu, will be the City’s representative for all purposes under this Agreement (“City Project Manager”) with authority to oversee the progress and performance of Services under this Agreement. The City reserves the right to replace or provide a substitute City Project Manager at any time, and without prior notice to the Design Professional. B. Design Professional Project Manager. Design Professional will assign a single Project Manager (the “DP Project Manager”), subject to City approval, with authority to receive and act on directions from the City and responsibility for the progress and performance of Services under this Agreement. The designated DP Project Manager is Greg Maher. If a substitute or replacement DP Project Manager is required for any reason, the City must be notified of the need as soon as possible, Design Professional’s designation of the individual proposed to serve as the substitute or replacement will be subject to the City’s prior written approval. Design Professional is not entitled to compensation for the time required for the substitute or replacement DP Project Manager to obtain sufficient knowledge of the required Services to fully assume the former DP Project Manager’s responsibilities. C. Communication and Coordination. Design Professional is responsible for coordinating the efforts of Design Professional’s subconsultants or subcontractors providing Services for this Agreement. Design Professional must also coordinate its Services to the extent reasonably possible, with other City employees or consultants assigned to the Project. Design Professional is responsible for ensuring that the City Project Manager is regularly updated as to the progress or status of the Services, including, but not limited to, participation in meetings or compliance with reporting requirements specified in Exhibit A. Design Professional has an affirmative obligation to promptly notify the City Project Manager of any significant problems or concerns as they arise in order to enable timely resolution or mitigation of any such problems. Design Professional must promptly respond to the City Project Manager’s inquiries regarding the Services. 9. HOLD HARMLESS: A. Indemnity Obligations Subject to Civil Code Section 2782.8. Design Professional will, 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 (collectively, the “Indemnified Parties”) from and against any and all liability, claims, actions, causes of action or demands whatsoever against 196 City of Cupertino Page 5 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] any of them, including any injury to or death of any person or damage to property or other liability of any nature (collectively, “Liability”), that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. Design Professional is not obligated under this Agreement to indemnify City to the extent that any Liability is caused by the sole or active negligence or willful misconduct of any of the Indemnified Parties. In addition to its indemnity obligations, Design Professional will provide its immediate and active cooperation and assistance to the City, at no additional cost to the City, in analyzing, defending, and resolving such Liability. B. Claims For Other Liability. For all liabilities other than those included within paragraph (A) above, Design Professional will, to the fullest extent allowed by law, indemnify, defend, and hold harmless the Indemnified Parties 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 of any nature, that arise out of, pertain to, or relate to the performance of this Agreement by Design Professional or Design Professional's employees, officers, officials, agents or subconsultants. Such costs and expenses shall include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. Design Professional will 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 the Indemnified Parties. C. Claims Involving Intellectual Property. In addition to the obligations set forth in paragraphs (A) and (B) above, Design Professional will indemnify, defend, and hold the Indemnified Parties harmless from and against any claim in which an alleged violation of intellectual property rights, including but not limited to copyright or patent rights, arises out of, pertains to, or relates to Design Professional’s negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses will include reasonable attorney fees for legal counsel of City’s choice, expert fees and all other costs and fees of litigation. D. Survival. The requirements of this section survive expiration or termination of this Agreement. 10. INSURANCE: On or before the commencement of the Term of this Agreement, Design Professional must furnish City with certificates showing the type, amount, effective dates and dates of expiration of insurance coverage required in this section. Such certificates, which do not limit Design Professional’s indemnification obligations, must also contain substantially the following statement: “If any of the above insurance covered by this certificate is canceled before the expiration date thereof, the insurer affording coverage will provide 30 days advance written notice to the City of Cupertino, Attention: City Manager.” Design Professional will maintain in force at all times during the performance of this Agreement all insurance coverage required by this Agreement with an insurance company that is acceptable to City and authorized to do insurance business in the State of California. Design Professional must also submit endorsements with the certificates naming the City as additional insured in relation to the commercial general liability and commercial automobile liability policies, as further specified below. 197 City of Cupertino Page 6 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] A. Coverage. Design Professional must maintain the following insurance coverage: 1. Workers' Compensation: Statutory coverage as required by the State of California. If Design Professional is self-insured, it must provide its duly authorized Certificate of Permission to Self-Insure. 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: Commercial automotive liability coverage for owned, non-owned and hired vehicles, in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each accident 4. Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Design Professional in the amount of at least $1,000,000 per claim and in the aggregate. The professional liability insurance must include prior acts coverage, which must remain in effect for four years following the earlier of expiration or termination of the Term of this Agreement. B. Subrogation Waiver. Each required policy must include an endorsement that the insurer waives any right of subrogation it may have against the City or the City’s insurers. Design Professional agrees that in the event of loss due to any of the perils for which it has agreed to provide insurance, Design Professional will look solely to its insurance for recovery. C. Failure to Comply. If Design Professional at any time during the Term of this Agreement fails to secure or maintain the required insurance, City may obtain or maintain the insurance in the Design Professional's name or on behalf of the Design Professional and will be compensated by the Design Professional 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 Endorsements. City, its City Council, boards and commissions, officers, officials, employees, agents and volunteers must be named as additional 198 City of Cupertino Page 7 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] insureds under all insurance coverages, except any worker’s compensation and professional liability insurance, required by this Agreement. Any additional insured will 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 will not be required to contribute anything toward any loss or expense covered by the insurance required under this Agreement. E. Sufficiency of Insurance. The insurance limits required by City are not represented as being sufficient to protect Design Professional. Design Professional is advised to confer with Design Professional's insurance broker to determine adequate coverage for Design Professional. 11. INDEPENDENT CONTRACTOR: City and Design Professional intend that the relationship between them created by this Agreement is that of owner-independent contractor. The manner and means of providing the Services are under the control of Design Professional, 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 Design Professional's performance of the 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 Design Professional, its employees or agents. Deductions will 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 payments due to Design Professional. Payments for the above items, if required, are the responsibility of Design Professional. 12. SUBCONSULTANTS: Unless prior written consent from City is obtained, only those individuals and subconsultants whose names are included in this Agreement, including the Exhibits hereto, may provide Services under this Agreement. Design Professional must require all of its subconsultants providing Services under this Agreement to comply with the terms and conditions of this Agreement. Any subconsultants employed by Design Professional must be required to furnish proof of workers' compensation insurance and must also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance required for Design Professional. 13. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Design Professional assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing the Services, pursuant to all applicable IRCA or other federal, or state laws, rules or regulations. Design Professional will indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance with this section by Design Professional. 14. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer or employee conduct, Design Professional agrees that harassment or discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Design 199 City of Cupertino Page 8 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] Professional or Design Professional's employees or subconsultants on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, sexual orientation, or any other protected classification will not be tolerated. Any violation of this provision by Design Professional, its employees, subconsultants or agents constitutes a material breach of this Agreement, and grounds for termination for cause. 15. PROHIBITION AGAINST TRANSFERS: Design Professional will 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 City’s consent will be null and void, and any assignee, sublessee, hypothecate or transferee will acquire no right or interest by reason of any attempted assignment, hypothecation or transfer. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Design Professional, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Design Professional is a partnership or joint venture or syndicate or cotenancy, which results in changing the control of Design Professional as a legal entity, will be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the business entity. 16. PERMITS AND LICENSES: Design Professional, at its sole expense, must 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 the Services. 17. WORK PRODUCT: A. Property Rights. Any interest (including copyright interests) of Design Professional or its subconsultant(s) in any work product, document, report, draft, memoranda, map, record, plan, drawing, specification and other deliverable, in any medium (collectively, “Work Product”), which has been prepared or created by Design Professional or its subconsultant(s) pursuant to or in connection with this Agreement, will be the exclusive property of City. No Work Product, information or other data given to or prepared, created, or assembled by Design Professional or its subconsultant(s) pursuant to this Agreement may be made available to any individual or organization by Design Professional or its subconsultant(s) without prior written approval by City. All provisions of this section survive expiration or termination of this Agreement. B. Copyright. To the extent permitted by Title 17 of U.S. Code, all W ork Product prepared or created under this Agreement is deemed works for hire and all copyrights in such Work Product will be the property of City. In the event that it is ever determined that any Work Product prepared or created by Design Professional or any subconsultant under this Agreement are not works for hire under federal law, Design Professional hereby assigns to City all copyrights to such Work Product when and as created. Subject to City’s prior written approval, Design Professional may retain and use copies of such Work Product for reference and as documentation of its experience and capabilities and in its promotional materials. With respect to Design Professional’s standard details, Design Professional may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in connection with the Services. 200 City of Cupertino Page 9 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] C. Patents and Licenses. Design Professional must pay any and all royalties or license fees required for authorized use of any third party intellectual property, including, but not limited to, patented, trademarked, or copyrighted intellectual property that it selects for incorporation into the Services or Work Product provided under this Agreement. D. Re-Use of Work Product. Without limiting any other City right to any of the Work Product prepared or created by Design Professional or its subconsultants, and subject to the limitations of law, all Work Product prepared under this Agreement may be used or modified by the City or its authorized agents in execution or implementation of: 1. The Services for which Design Professional was hired; 2. Completion of the Services by others; 3. Subsequent additions to the Services; and/or 4. Other City projects. E. Deliverables and Format. Electronic and hard copies of Design Professional’s Work Product will constitute the Project deliverables. Plans must be in CAD and PDF formats, and unless otherwise specified, other documents must be in Microsoft Office applications and PDF formats. All written Work Product required to be provided by this Agreement (other than large-scale architectural plans and similar items) must be printed on recycled paper and copied on both sides of the paper except for one original, which must be single-sided. 18. RECORDS: Design Professional must maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of Services under this Agreement. Design Professional must maintain adequate records of Services provided in sufficient detail to permit an evaluation of the Services. All such records must be maintained in accordance with generally accepted accounting principles and must be clearly identified and readily accessible. Design Professional must provide free access to such books and records to the City or its agents at all times during Design Professional’s normal business hours. Design Professional must give the City or its agents the right to examine and audit those items, and to make transcripts or copies as necessary, and to inspect all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, must be kept separate from other documents and records which are unrelated to this Agreement and must be maintained for a period of three years after receipt of final payment from the City. 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 Design Professional must reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. The requirements of this section survive expiration or termination of this Agreement. 19. NOTICES: All notices, demands, requests or approvals to be given under this Agreement must be given in writing and will be deemed served when delivered personally; or on the second business day 201 City of Cupertino Page 10 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] after the deposit thereof in the United States Mail, postage prepaid, registered or certified; or upon confirmation of delivery by a reputable overnight delivery service. A. To City. All notices, demands, requests, or approvals from Design Professional to City must be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Jennifer Chu B. To Design Professional. All notices, demands, requests, or approvals from City to Design Professional must be addressed to Design Professional at: Alta Planning + Design, Inc. 711 SE Grand Ave. Portland, OR 97214 Attention: Greg Maher 20. TERMINATION: A. Termination for Convenience. City may, at any time, acting in its sole discretion and without cause, terminate this Agreement for convenience by giving written notice to Design Professional at least seven days before the effective date of the termination. If the Agreement is terminated pursuant to this paragraph, the City will compensate Design Professional for all Services satisfactorily performed prior to the effective date and time of the termination, in accordance with this Agreement. B. Termination for Cause. If Design Professional fails or refuses to perform any of its duties under this Agreement at the time and in the manner required, Design Professional will be deemed in default of this Agreement. If the default is not cured or diligently attempted to be cured by Design Professional within the time specified in the City’s written notice of default, or if the Design Professional has otherwise materially breached the Agreement, the City may terminate the Agreement for cause by giving written notice to Design Professional at least seven days before the effective date of the termination, unless otherwise specified in the written notice of default. C. Duties upon Termination. If the Agreement is terminated, whether for convenience or cause, within seven days of the effective date of the termination, Design Professional must promptly deliver to City copies of all W ork Product, deliverables, or documents prepared by Design Professional under this Agreement, including both print and electronic versions. Full compliance with this requirement is a condition precedent to final payment following termination. This paragraph survives termination of the Agreement. 21. LEGAL REQUIREMENTS: Design Professional must comply with all applicable local, state or federal laws, rules and regulations, and all ordinances, rules and regulations enacted or issued by City. In addition, if any of the Services provided under this Agreement are subject to prevailing wage requirements under Labor Code Section 1720 et seq., the following provisions apply to those Services: 202 City of Cupertino Page 11 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] A. Prevailing Wages. To the extent applicable, Design Professional must comply with the City’s Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. B. Working Day. To the extent applicable, Design Professional must comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of contractors in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 ½ times the basic rate of pay. C. Payroll Records. To the extent applicable, Design Professional must comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The payroll records must be made available for inspection as provided in California Labor Code Section 1776. D. Apprentices. To the extent applicable, Design Professional must comply with California Labor Code Section 1777.5 regarding apprentices. 22. DISPUTE RESOLUTION: This Agreement will 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 must be filed with the Superior Court for the County of Santa Clara, State of California, and no other place. If the parties engage in arbitration to resolve a dispute relating to this Agreement, the arbitrator’s award must be supported by law and substantial evidence, and must include detailed written findings of law and fact. This section survives expiration or termination of the Agreement. 23. ATTORNEY FEES: If the City initiates a legal action, including a complaint or cross-complaint, arising out of, relating to or seeking the interpretation or enforcement of the terms of this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs, including the attorney fees and costs for any arbitration, appeal, or enforcement of judgment. This attorney fee provision does not apply to legal actions initiated by the Design Professional. This section survives expiration or termination of the Agreement. 24. ADVERTISEMENT: Design Professional may not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, posters or cards of any kind on City property performed under this Agreement without prior written approval from the City. 203 City of Cupertino Page 12 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] 25. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein will 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. 26. THIRD PARTY BENEFICIARIES: There are no intended third party beneficiaries of this Agreement. 27. RECITALS: The parties agree that the above recitals, which are made part of this Agreement, are true and correct. 28. INTEGRATED AND AMENDMENT: 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 will be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written instrument signed by authorized representatives for both City and Design Professional. If any provision of this Agreement is determined to be illegal, invalid, or unenforceable by a court of competent jurisdiction, all remaining provisions will remain in full force and effect. 29. CONFLICT OF INTEREST: Design Professional warrants that it is not a conflict of interest for Design Professional to perform the Services required by this Agreement. Design Professional may be required to fill out a conflict of interest form if the Services provided under this Agreement require Design Professional 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. 30. GIFTS: Design Professional is familiar with City’s prohibition against the acceptance of any gift by a City officer or designated employee, as set forth in City Administrative Procedures. Design Professional agrees not to offer any City officer or designated employee any gift prohibited by the Administrative Procedures. Offering or giving a prohibited gift constitutes a material breach of this Agreement by Design Professional. In addition to any other remedies City may have in law or equity, City may terminate this Agreement for cause as provided in Section 20 of this Agreement. 31. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement is deemed to be enacted herein, and the Agreement will 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 will be amended to make such insertion on application by either party. 204 City of Cupertino Page 13 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] 32. EXECUTION: The person executing this Agreement on behalf of the Design Professional represents and warrants that the Design Professional has full right, power, and authority to enter into and carry out all actions contemplated by this Agreement and that he or she is authorized to execute this Agreement, which constitutes a legally binding obligation of Design Professional. This Agreement may be executed in counterparts, each one of which is deemed an original and all of which, taken together, constitute a single binding instrument. 33. HEADINGS: The headings 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. [Signatures on following page.] 205 City of Cupertino Page 14 of 14 Alta Planning + Design, Inc. For Union Pacific Railroad Trail Feasibility Study [Agrmt-Des Prof-Single Project-FINAL-2016.09] IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. DESIGN PROFESSIONAL CITY OF CUPERTINO Alta Planning + Design, Inc. A Municipal Corporation By____________________ By _____________________ Timm Borden, Director of Public Works Name Greg Maher Date____________________ Title Vice President, as duly authorized Date___________________ Tax I.D. No.: 68-0465555 APPROVED AS TO FORM: Address: 711 SE Grand Ave. Portland, OR 97214 _________________________ Randolph Stevenson Hom, City Attorney ATTEST: ______________________________ Grace Schmidt, City Clerk Contract Amount: _________________ Account No. : ____________________ 206 Exhibit A – Scope of Services Scope of Work Task 1. Initiation and Project Management Alta will review the existing resource documents that contain information related to the UPRR Trail Feasibility Study and the City of Cupertino’s policies regarding trails. These documents include: • Cupertino General Plan: Community Vision 2015-2040   • City of Cupertino 2016 Bicycle Transportation Plan • Union Pacific Rail Trail Feasibility Study (October 15, 2001) • Joint City Coordinated Stevens Creek Trail Feasibility Study (September 2015) • Santa Clara County Countywide Trails Master Plan Update (November 14, 1995) • Countywide Trails Prioritization and Gaps Analysis (March 17, 2015) • VTA Bikeways Map D – Cupertino, Campbell, Saratoga and Los Gatos (May 2016) • Alta will also review with the various agency standards and guidelines for developing trail design concepts that may apply to this project and shall provide a list of documents this project will need to adhere to. These standards and guidelines include: • 1999 Santa Clara County Interjurisdictional Trail Design, Use and Management Guidelines   • 2005 Santa Clara County Parks and Recreation Department Trail Maintenance Manual   • 2006 Santa Clara Valley Water District, Water Resources Protection Manual: Guidelines & Standards for Land Use Near Streams   • 2012 California Department of Transportation Highway Design Manual: Chapter 1000  Bicycle Transportation Design   • 2013 Architectural Barriers Act Accessibility Guidelines: Outdoor Developed Areas  (and all applicable latest ADA standards)   • VTA Bicycle Technical Guidelines, December 2012   Task 1 Deliverables: • Applicable agency standards and guidelines list Task 2. Identify Ownerships and Jurisdictions TASK 2.1. COLLECTION OF OWNERSHIP DOCUMENTS The Alta team will collect publicly available documents including Title reports, maps, and other recorded information that relates to properties within the vicinity of the proposed trail. TASK 2.2. REVIEW OF OWNERSHIP DOCUMENTS The Alta team will review available documents including Title reports, maps, and other recorded information in order to determine owners of or in the vicinity to land proposed to be part of the trail. TASK 2.3. IDENTIFY POTENTIAL IMPACTS AND CONSTRAINTS Using the available documents related to ownership, the Alta team will identify potential impacts and/or constraints that may exist including easements, exceptions, and other restrictions. 207 Task 2 Deliverables: • Title reports for key property owners along property trail corridor • Record boundary map • Stakeholders and agency contact list Task 3. Conduct Field Reconnaissance and Existing Facilities Inventory/Analysis Task 3.1. Data Collection and Base Mapping The Alta team will create a series of comprehensive base maps for the project from available GIS and other information such as existing exhibits, reports and mapping to create an interactive site driven series of base maps for the project. Information contained on the base mapping will include: • The foundation for the base mapping will be developed from publicly available high-resolution aerial imagery • Right-of-way and property line data for the base mapping will be based on latest public available data • Planning level topography will be based on available LIDAR to be provided by the City and County With the foundation base mapping completed, we will refine and complete a comprehensive inventory, including but not limited to: • Property ownership • Zoning, land use, specific plan considerations as applicable • On-street bicycle and pedestrian facilities and crossings • Connections to other modes of transportation • Roadway, railroad, creeks and waterway crossings • Bridges • Trees (protected, native, and trees greater than or equal to 8-inches in diameter) • Utilities (above and below ground) • Drainage patterns • Rights-of-way, easements, and encroachments • Geological conditions • Biological conditions Alta will compile this information into an Existing Facilities Inventory Memorandum, which will later be incorporated into the draft feasibility study. Existing facilities graphics will be produced in ArcGIS and Adobe Illustrator in 11”x17” tabloid format at an easily readable scale (typically 1” = 200’ with enlargements for constrained areas). The Memorandum will include a Photograph Log of the corridor. Task 3.2. Site Reconnaissance Prior to our site visits, the Alta team will coordinate with Union Pacific Railroad (UPRR), as identified in Task 7.5, regarding anticipated trail work within the UPRR right-of-way and crossings under UPRR facilities. We will build on our recent experience working on pathway/rail crossing and encroachments for Sonoma Marin Area Rail Transit (SMART) and the Cities of Mountain View and Davis to identify the type of work and type of permits (crossing, encroachment or other) anticipated and review the concepts with UPRR managers Kevin Yoder (Public Projects) or Peggy Ygbuhay (Special Projects) to identify significant issues and potential solutions. 208 The Alta team will perform site visits to observe existing field conditions, verify trail alignment feasibility, and gather pertinent data to be used during the opportunity and constraints analysis. All information that is observed will be gathered and mapped based on opportunities for connectivity to existing trails and nearby points of interest. Alta will also identify the constraints for the UPRR Trail development. These constraints will include: • Available land capacity • Existing utilities • Storm drainage infrastructure and drainage structure considerations • Existing tree inventory • Existing roadway conditions • Existing underpasses and overpasses • Retaining walls • Biological resources Alta will take a full inventory of all necessary roadway crossings, creek crossings, areas where structures may be needed (bridges, overpasses, underpasses), areas where trail width may be constrained, and areas in proximity to key infrastructure. Task 3.3. Opportunity and Constraints Analysis Using the data collected and site reconnaissance information attained in Tasks 3.1 and 3.2, the Alta team will perform an opportunity and constraints analysis for the project area. This analysis will be summarized is an opportunity and constraints report and map. Task 3 Deliverables: • Draft existing facilities inventory and opportunity and constraints analysis and maps • Final existing facilities inventory and opportunity and constraints analysis and maps Task 4. Develop Trail Alignments and Feasibility Criteria Using the data from Tasks 1-3 and getting feedback from the agency and local business meetings discussed in Task 7.5 and Task 7.6, Alta will identity and develop trail alignment alternatives based on criteria set by the project team for a feasibility trail design. The proposed trail alignment will be a north- south alignment along the UPRR between the Hammond-Snyder Loop Trail and Saratoga-Sunnyvale Road. Task 4.1. Trail Feasibility Criteria Alta will prepare illustrated design trail feasibility criteria specific to the anticipated users and settings discussed in the 2016 City of Cupertino 2016 Bicycle Transportation Plan (2016 Plan). The guidelines will reference applicable City, County, State, and Federal standards and policies, and will respond to the opportunities and constraints identified in previous tasks. Illustrations will include typical and special trail cross-sections and plan views, and design details. Alta literally “wrote the book” in the FHWA Rails-with- Trails: Lessons Learned Federal Study on many aspects of trail design standards along active rail lines both for accommodating different users, and for adapting to different trail settings such as: • Trail types for specific users, and multi-use combinations • Trails for specific environmental or land use settings • Road and railroad crossings and adjacencies • Trail parking and staging facilities - restrooms, rest areas, kiosks, and mapboards • Fencing, gates, and styles 209 • Signage, including wayfinding, regulatory, and interpretive signs and elements While developing the design criteria for the UPRR Channel corridor, Alta will take into account the following design considerations as they relate to each alignment alternative: • Adjust property/real estate and/or trail easement acquisition • Overhead and underground utilities • Intersection crossings • Proximity to residences • Proximity to railroad tracks • Privacy considerations and solutions • Access to nearby points of intersects • Compliance with ADA requirements • Safe connections with existing and planned bicycle and pedestrian facilities • Safety of trail users and residents adjacent to the proposed trail, including during evening hours • Policing and preventing unauthorized trail access during evening hours • Emergency vehicle access • Maintenance and management • Construction cost The Alta team will be working will affected property owners and develop a list of key stakeholders and contact persons for use throughout the project. Agency Engagement meetings will be held early with UPRR, SCVWD, Santa Clara VTA, Caltrans, and PG&E to establish design criteria and project constraints. This will be a crucial aspect in the process to understand the elements of design that will be allowed within each agency jurisdiction. The draft study will include an implementation and funding section with specific grant funding program review and strategy for the recommended alignment. It will include a review of the steps and documentation anticipated for project planning, design, approval and implementation, anticipating the particular challenges unique to the project type and location. Task 4.2. Develop Trail Alignments Alternatives and Connection/Crossing Concept Designs Once the feasible design criteria have been set, Alta will develop trail alignment alternatives and crossing concept designs. The trail alternatives will provide information and recommendations that include the following: • Feasible trail type • Typical sections of the trail that includes width and surface treatments • Sketches of design solutions at areas where the width is constrained   • Exhibits showing the facility widths and design elements that would meet the varying grantors and design standards listed in Task 1 Where appropriate, Alta will also explore and provide alternatives for over, under, and at-grade intersection crossings, on-street and at-grade alternatives for any seasonal underpasses, and short-term and long-term solutions that allow phased implementations of functional pathway segments. We will also identity access point opportunities, staging areas where amenities (i.e. benches, shade structures, drinking fountains, etc.) can be stationed, potential parking areas and enhancement opportunities to improve habitat value. In coordination with BRG, we will be working with an arborist to address the potential impact to the existing trees throughout the corridor. 210 During the phase of the project, Alta will conduct a special examination and create design concepts for the street and trail connections and crossing along the corridor. These design concepts will illustrate each crossing, intersection and proposed structure. Each design solution will be shown with enough detail to confirm that adequate clearances can be provided. The following locations will be analyzed and illustrated: • Connection to regional Stevens Creek Trail • Connection to Hammond-Snyder Loop Trail • Cristo Rey Drive Crossing • Interstate 280 Northbouth on-ramp and off-ramp crossing • Foothill Boulevard Crossing • Stevens Creek Boulevard Crossing • Bubb Road Crossing • McClellan Road Crossing • Regnart Creek Crossing • Rainbow Drive Crossing • Seven Springs Parkway Crossing • Prospect Road Crossing • Arroyo De Arguello/Via Roncole Crossing • Prospect Creek Crossing • Saratoga-Sunnyvale Road Crossing Task 4.3. Develop Technical Report for Trail Alignments and Connection/Crossing Concept Designs Along with developing trail alignment alternatives and creating design concepts for the above connections and crossings, Alta will develop a recommendation for the trail alternatives to carry into an environmental analysis of a future trail. We will evaluate each of the alternatives for desirability (low, medium, and high) by creating a matrix evaluation criterion that will make alternatives more preferable than others. Alta will prepare an administrative technical report with appropriate appendices presenting each trail alignment alternative along with the connection and intersection concept design. The technical report will include a summarized matrix that will evaluate each alternative by ranking them for desirability. The administrative technical report will be present to City of Cupertino staff for review and comment. After initial comments are incorporated, Alta will submit a draft public technical report for the UPRR Trail alignment alternatives to City staff. We will present the draft public technical report for the Union Pacific Trail alignment alternatives to the community and City’s commissions for input and feedback on the different alternatives. Upon final comments from City of Cupertino staff, Alta will revise the draft public technical report for trail alignments to reflect all the input received. The final document will be known as the final technical report for the UPRR trail alignment alternatives. Task 4 Deliverables: • Technical report for the UPRR trail alignment alternatives and appendices (administrative draft, public draft, and final) o Document concept trail alignment alternatives o Design considerations o Trail feasibility criteria 211 o Recommendation matrix o Recommendations for a preferred alternative Task 5. Facilitate Community Outreach and Public Participation Efforts 5.1. Community Outreach Plan Alta will work with the City project manager and key partners to create a detailed, coordinated plan to inform and involve the public and all partners and stakeholders throughout the trail study. Elements of the outreach plan will be discussed at the project initiation meeting. The plan will then be refined, coordinated with the overall project work plan, and transmitted for review. Key components to be developed inc lude: • Plan of materials to be developed, including public notices, online forum, and email messages • Study messaging to be used throughout outreach materials, including specific messaging for parents and families, and non-English-speaking residents • Materials and communications distribution plan • Outreach Schedule The Outreach Plan will be revised by Alta in response to one set of comments from the City and relevant partners. The final outreach plan will be implemented by Alta in collaboration with the City. We anticipate that the City will assist with material distribution, including distribution to City channels, including print and electronic media and public message boards. 5.2. Community Workshops Alta will work with the City to plan and host up to three (3) engaging, collaborative, and interactive community workshops. Workshop #1 The first workshop will focus on introducing the study, gathering stakeholder feedback on opportunities and constraints to be explored. This workshop will provide an opportunity to gather early feedback on the project and engage stakeholders at the earliest stages of study development. We envision that the workshop would include multiple stations with maps, diagrams, and other visual materials to help orient attendees to the study area and objectives, with Alta and City staff available to discuss the project and gather feedback. Workshop #2 Working with the City, Alta will plan and host a second community workshop at a mid-point of the project to provide project updates and solicit additional feedback from stakeholders. This workshop will focus on presenting the trail design and alignment alternatives, study opportunities and constraints, and final evaluation criteria. Attendees will be presented with visual displays that showcase the alternatives, opportunities and constraints, and provide the contextual information to help them provide informed comments to the project team. Workshop #3 The final community workshop will provide an opportunity to showcase the study findings, including the recommended alignment, design standards, and cost estimates. Alta will work with the City to plan the workshop for diverse attendance from stakeholder communities, including user groups, school communities, nearby property owners, and non-English-speaking residents. The workshop will be in an open house format, providing an opportunity to drop in, review the study findings and recommendations, and speak with project team staff when convenient to the attendee. Boards and display materials will be highly visual, with maximum use of graphic representation of materials alongside any narrative information. 212 5.3. Neighborhood-Specific Working Group Sessions To promote more focused input and engagement, Alta proposes holding neighborhood-specific working group sessions with residents living along the corridor in the following areas: • Stonebridge Community to Creston Drive • Northern end of Madera Drive to Stevens Creek Boulevard • McClellan Road to Rainbow Drive • Rainbow Drive to Prospect Road • Prospect Road to Saratoga-Sunnyvale Road Community Walks Alta proposes holding the first two working group sessions as joint site tours/community walks to identify key conditions and issues in the study area and to establish a shared understanding between the project team and the community (these community walks could be combined with Task 3). The first community walk could be on the northern section (Hammond-Snyder Loop Trail to McClellan Road) and the second on the southern section (McClellan Road to Saratoga-Sunnyvale Road). The sections could also be shortened in length and may be contingent on getting approval from UPRR or other property owners. Alta will provide a base map and background information package for participants. The main purpose of this effort will be an interactive field working session where creative brainstorming can occur and where opportunities and constraints can be better understood. Working Group Sessions Alta will then meet with each working group one time (five meetings total). The first working group session will recap the community walks, describe existing conditions, opportunities, and constraints, and share initial concepts for review and feedback. Revised concepts will be available for feedback at the second and third community workshop. The method for noticing residents will be established in Task 5.1 Community Outreach Plan and may include direct mail and/or online social media such as NextDoor. 5.4. Community Outreach Memo Alta will develop a memo that details the public outreach process, timeline of activities, level of participation, and community feedback. The memo will summarize community input according to common themes expressed by the public and provide documentation of the engagement process through photographs, attendance records, and comment cards or other written remarks. The memo will include an executive summary. 5.5. Graphics/Online Media Alta will develop a logo and design scheme to brand the study process. Alta will develop outreach flyers for each of the three (3) community workshops. Alta will prepare up to twelve (12) visually rich posts to help the City advertise upcoming events or provide updates on the study process via the City’s website and social media channels. Task 5 Deliverables: • Community outreach plan • Up to three community workshops • Community walk (joint working group session) • Up to six neighborhood-specific working group sessions • Community outreach memo • Study logo/brand 213 • Community workshop flyers • Up to twelve update posts for social media/website Task 6. Union Pacific Railroad Trail Feasibility Study Task 6.1. Administrative Feasibility Draft Study Based on the information gathered in Tasks 1-5, Alta will prepare an administrative draft version of the UPRR Trail Feasibility Study based on the preferred UPRR Trail preferred alignment alternative. Every major chapter and section as well all exhibits and appendices produced will be provided to City of Cupertino staff for review. This will be presented to city staff in the form of an administrative draft trail feasibility study for comments. We will look to the City’s project manager to provide us with one consolidated set of comments for inclusion in the final report. Task 6.2. Public Feasibility Draft Study After initial comments are incorporated, Alta will submit a public draft version of the UPRR Trail Feasibility Study to City staff. We will present the public draft of the UPRR Trail Feasibility Study to the community and City’s Commissions for final input and feedback on the preferred alternative. Task 6.3. Final Feasibility Study Upon final comments from City of Cupertino staff, Alta will revise the public draft version of the UPRR Trail Feasibility Study to reflect all the input received. The final document will be known as the Final UPRR Trail Feasibility Study. Task 6 Deliverables: • UPRR Trail Feasibility Study (administrative draft, public draft and final) Task 7. Meetings Throughout the duration of this project, the Alta team with be conducting meetings with city staff, local agencies, local businesses, and with different communities and neighborhood throughout the UPRR Trail corridor. The following meetings will be lead and administrate by the Alta team: Task 7.1. Project Kick-off Meeting As the first order of work Alta will conduct a project kick-off meeting with City of Cupertino staff and the project team members will take place. Topics for this meeting include review of project goals, key issues and project schedule including task and meeting sequencing, confirm procedures and lines of communication and stakeholders, review and collect available information and review. Task 7.2. City Staff Meetings Monthly, in-person project team meetings will be conducted between the project team and City of Cupertino staff. These meetings will occur throughout the project timeline and are intended to take place in Cupertino. Weekly or bi-weekly project update meetings will be held via telephone, GoTo Meeting or similar (based on City of Cupertino’s preference). The Alta team will lead both weekly/bi-weekly and monthly meetings and will prepare the agendas, meeting materials, and meeting minutes. 214 Task 7.3. City Council Meetings/Study Sessions Alta will prepare presentations for a minimum of two City council meetings/study sessions. These meetings/study sessions will serve as an info session for the city council members and an opportunity for them to provide their input. Alta will prepare all associated presentation materials. Task 7.4. Commission Meetings/Study Sessions Alta will lead presentations at a minimum of ten city commission meetings/study sessions for the various applicable City of Cupertino commissions. These meetings/study sessions will serve as an info session for the city commission members and an opportunity for them to provide their input. Alta will prepare all associated presentation materials. To reduce costs associated with this project, Alta and the City of Cupertino will strategize to combine these meetings and hold joint commission meetings to discuss the proposed corridor. Task 7.5. Agency Meetings Alta will lead and administer meetings with each of the following agencies: • UPRR – minimum of four meetings • SCVW D – minimum of four meetings • Santa Clara Valley Transportation Authority – minimum of two meetings • California Department of Transportation (Caltrans) – minimum of three meetings • Pacific Gas & Electric – minimum of one meeting • City of Saratoga – minimum of two meetings • Alta will prepare all associated presentation materials for meetings. Task 7.6. Local Business Meetings Alta will discuss with the City of Cupertino staff to identify the local businesses along Bubb Road that will be affected by the proposed UPRR Trail corridor. Once these businesses are identified, Alta will lead and administer a minimum of two (2) meetings with each of the businesses to discuss their needs for potential access from their parking lots. Alta will prepare all agenda, associated presentation materials, and meeting minutes following each meeting. Community Outreach Meetings Please refer to Task 5: Facilitate Community Outreach and Public Participation Efforts for the community outreach meetings plan. Task 7 Deliverables: • Final project scope and work schedule from the project kick-off Meeting • Agendas, meeting materials, and meeting minutes for the City staff meetings • Presentation and reports for the City council meetings • Meeting materials and presentations for the City commission meetings • Agendas, meeting materials, and meeting minutes for each of the agency meetings • Agendas, meeting materials, and meeting minutes for each of the local business meetings • Meeting materials and presentations for the community outreach meetings 215 Additional Task Task 8. Boundary and Topographic Survey Task 8.1. Topographic Survey We propose to provide a topographic survey information at a scale of 1” = 20’. Areas where additional topographic survey information is required will be identified by the Alta team and will typically show the location of existing trees, structures, walkways, fences, adjacent roadways, and utility information within the project areas. The location of utility vaults, manholes, catch basins and invert information of storm and sanitary sewers will be shown based upon a field survey. The location of underground utilities lines such as gas, water, electric, and any on-site utilities will be shown based upon available agency records. Mechanical detection of existing utilities is specifically excluded. Task 8.2. Boundary Survey We propose to provide property boundary information where required including tie-in with adjacent streets, curbs, etc. We will show boundary lines, giving length and bearing (including reference on basis) on each straight line; interior angles; radius, point of tangency and length of curved lines. 216 Exhibit B - Schedule of Performance 1. Initiation and Project Management 1.1 Project Initiation 1.2 Project Management 2. Identify Ownerships and Jurisdictions 2.1 Collect Documents 2.2 Review of Documents 2.3 Identify potential constraints/design impacts 3. Conduct Field Reconnaissance and Existing Facilities Inventory/Analysis 3.1. Data Collection and Base Mapping 3.2. Site Reconnaissance X 3.3. Opportunity and Constraints Analysis 4. Develop Trail Alignments and Feasibility Criteria 4.1. Trail Feasibility Criteria 4.2. Develop Trail Alignments Alternatives and Connection/Crossing Concept Designs 4.3. Develop Technical Report for Trail Alignments and Connection/Crossing Concept Designs X 5. Facilitate Community Outreach and Public Transportation Efforts 5.1 Community Outreach Plan 5.2 Community Workshops X X X 5.3 Neighborhood-Specific Working Group Sessions X X X X X X X 5.4 Community Outreach Memo 5.5 Graphics/Online Media 6. I-280 Channel Trail Feasibility Study 6.1 Administrative Feasibility Draft Study 6.2 Public Feasibility Draft Study X 6.3 Final Feasiblity Study 7. Meetings 7.1 Project Kick Off Meeting X 7.2 City Staff Meetings X X X X X X X X X X X X X X X X X X X X X X X X X X X X X 7.3 City Council Meetings/Study Sessions X X 7.4 Commision Meetings/Study Sessions X X X X X X X X X X 7.5 Agency Meetings X X X X X X X X X X 7.6 Local Business Meetings X X X X X X LEGEND Task Progress X Meeting / Workshop Deliverable Client Review OCT NOV DEC 2018 SEPJANFEBMARAPRMAYJUNJULAUGTask 2017 SEP OCT NOV DEC 217 Exhibit C - Compensation City of Cupertino Cupertino Union Pacific Railroad Trail Feasibility Study Biotic Principal-in- Charge Project Manager Assistant Project Manager Outreach Lead Planner Designer Senior Engineer Engineer GIS Analyst Principal-in- Charge Project Manager Project Engineer CAD Drafter Senior Surveyor Project Surveyor 2-Person Survey Crew Biologist George M. Hudson, PLA Greg Maher, PLA, ASLA Brian Burchfield, PLA Jeff Knowles, AICP Lola Torney Reed Gordon Jason Cook, PE, QSD Joseph Paull Zachary Robinson Ron Sanzo, PE, TE Bruce Davis, PE Jenner Philips Colin Findlay Kelly Johnson, PLS TBD TBD Kathleen Lyons $265 $200 $133 $175 $112 $105 $145 $112 $105 $200 $165 $140 $105 $175 $140 $295 $145 1. Initiation and Project Management 7 34 64 16 4 0 12 0 0 0 0 0 0 0 0 0 4 141 $22,735 1.1 Project Initiation 1 4 4 4 4 4 4 25 $3,905 1.2 Project Management 6 30 60 12 8 116 $18,830 2. Identify Ownerships and Jurisdictions 1 4 8 0 0 16 10 0 24 14 22 0 0 28 64 0 0 191 $28,069 2.1 Collect Documents 1 2 4 8 8 16 2 2 4 16 63 $8,547 2.2 Review of Documents 2 4 8 2 8 4 8 20 40 96 $14,122 2.3 Identify potential constraints/design impacts 8 12 4 8 32 $5,400 3. Conduct Field Reconnaissance and Existing Facilities Inventory/Analysis 2 5 24 14 20 36 28 16 36 3 8 20 0 0 0 0 30 242 $31,894 3.1. Data Collection and Base Mapping 1 8 2 16 8 4 12 1 4 4 6 66 $8,452 3.2. Site Reconnaissance 2 8 4 4 4 4 4 8 8 12 58 $7,760 3.3. Opportunity and Constraints Analysis 2 2 8 8 16 16 16 8 16 2 4 8 12 118 $15,682 4. Develop Trail Alignments and Feasibility Criteria 6 6 36 24 36 48 24 6 12 0 0 0 0 0 0 0 0 198 $26,262 4.1. Trail Feasibility Criteria 2 2 12 8 12 16 8 2 12 74 $9,594 4.2. Develop Trail Alignments Alternatives and Connection/Crossing Concept Designs 2 2 12 8 12 16 8 2 62 $8,334 4.3. Develop Technical Report for Trail Alignments and Connection/Crossing Concept Designs 2 2 12 8 12 16 8 2 62 $8,334 5. Facilitate Community Outreach and Public Participation Efforts 4 26 30 50 110 32 4 16 0 0 0 0 0 0 0 0 0 272 $37,052 5.1 Community Outreach Plan 2 2 2 4 8 18 $2,792 5.2 Community Workshops 12 12 18 40 4 16 102 $13,998 5.3 Neighborhood-Specific Working Group Sessions 8 16 24 30 78 $11,288 5.4 Community Outreach Memo 1 2 4 16 2 25 $3,367 5.5 Graphics/Online Media 1 2 16 30 49 $5,607 6. Union Pacific Railroad Trail Feasibility Study 6 24 32 36 30 48 48 30 0 0 0 0 0 0 0 0 3 257 $36,101 6.1 Administrative Feasibility Draft Study 2 8 12 12 10 16 16 10 86 $12,066 6.2 Public Feasibility Draft Study 2 8 12 12 10 16 16 10 2 88 $12,356 6.3 Final Feasiblity Study 2 8 8 12 10 16 16 10 1 83 $11,679 7. Meetings 3 44 76 32 16 0 24 8 0 0 16 0 0 0 0 0 0 223 $23,967 7.1 Project Kick Off Meeting 1 4 4 4 13 $2,297 7.2 City Staff & Team Meetings 1 8 16 8 8 41 $6,553 7.3 City Council & Commission Meetings/Study Sessions 1 8 8 8 8 4 37 $5,805 7.4 Commision Meetings/Study Sessions 8 20 12 8 8 8 64 $9,312 7.5 Agency Meetings 2 8 16 4 16 46 $7,478 7.6 Local Business Meetings 2 8 12 22 $3,726 Additional Tasks 8. Boundary and Topographic Survey 1 1 8 0 0 0 8 0 0 3 8 4 70 24 48 86 0 261 $48,809 8.1 Topographic Survey 1 1 8 8 1 4 4 54 4 8 54 147 $27,529 8.2 Boundary Survey 2 4 16 20 40 32 114 $21,280 Staff Hours 29 143 270 172 216 180 150 76 72 17 46 20 0 28 64 0 37 1785 $254,889 Reimbursable Expenses & Travel $5,000 Project Total without Additional Task 8 $7,685 $28,600 $35,910 $30,100 $24,192 $18,900 $21,750 $8,512 $7,560 $3,400 $7,590 $2,800 $0 $4,900 $8,960 $0 $5,365 $211,080 Project Total with Additional Task 8 $259,889 GENERAL NOTES: * Hours and staff assignments can be adjusted by the consultant as needed to implement the tasks described during the course of the project. TASK Total Task Fee Alta Planning + Design Task Hours Sandis 218 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2884 Name: Status:Type:Public Hearings Agenda Ready File created:In control:8/2/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed-use development at the Oaks Shopping Center (16A and 16B authorized at the August 1 City Council meeting. 16C continued to August 15). 16C: A proposal to demolish an existing ~71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed-use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) (Continued from August 1) Sponsors: Indexes: Code sections: Attachments:Staff report A - Draft Resolution Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed-use development at the Oaks Shopping Center (16A and 16B authorized at the August 1 City Council meeting. 16C continued to August 15). 16C: A proposal to demolish an existing ~71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed-use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth- 2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) (Continued from August 1) Staff recommends that the City Council adopt Resolution No. 17-080 (Attachment A) after determining if the application is authorized to move forward to apply for a General Plan Amendment(s) CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™219 COMMUNITY DEVELOPMENT DEPARTMENT CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3308 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 15, 2017 Subject Consider whether to authorize the formal submission of General Plan Amendment applications for the three proposals received in the 2017 Second Cycle including: 16A - Hotel at Cupertino Village site; 16B - Hotel at Good Year Tire store site; and 16C - Mixed- use development at the Oaks Shopping Center (16A and 16B authorized at the August 1 City Council meeting. 16C continued to August 15). 16C: A proposal to demolish an existing ~71,254 sq.ft. commercial shopping center and construct one of the two alternative mixed-use developments at the Oaks Shopping Center site that requires City Council authorization for formal submission of one of the alternatives for formal submission of General Plan Amendment applications. (Application No.(s): GPAAuth-2017-02; Applicant: KT Urban (Mark Tersini); Location: 21267 Stevens Creek Boulevard; APN: 326-27-039, -040 and -041) (Continued from August 1) Recommended Action Staff recommends that the City Council adopt the draft resolution (Attachment A) after determining if the application is authorized to move forward to apply for General Plan Amendments. Discussion Background On August 1, 2017, the City Council held a public hearing to consider three proposals received for General Plan Amendment Authorization, listed on the agenda as agenda item no. 16 which included agenda item nos. 16A (Hotel at Cupertino Village), 16B (Hotel at Goodyear Tire Store) and 16C (Westport Cupertino mixed-use alternatives.) Additional project details on these items are available online at: http://laserficherio- app/WebLink/1/edoc/615710/08-01-2017%20Searchable%20packet.pdf. Straw polling on the three proposals indicated that there was unanimous consent to authorize item nos. 16A and 16B and a 1-4 vote (Vaidhyanathan, Paul, Sinks, Scharf 220 voting no) on authorizing item 16C. The Council’s desire for the adopted resolution to accurately reflect each councilmembers vote for each of the proposals was not possible since one resolution was presented for all three proposals. Therefore, upon advice of the City Attorney, the Council closed the public hearing, took a formal vote and adopted resolution no. 17-072 on a 5-0 vote authorizing agenda item nos. 16A and 16B. The Council continued the decision regarding agenda item no. 16C to its next regular meeting on August 15, 2017. Attachment A is a draft resolution for the Council to determine whether or not to authorize the Oaks Shopping Center (Westport Cupertino) proposal to move forward to apply for General Plan Amendments. Upon a formal vote at its August 15, 2017 meeting, conforming changes shall be made to the draft resolution for the Mayor’s signature. Noticing and Public Outreach A Notice of Continuation was posted to the Community Hall Bulletin Board and also posted in the Meeting Details for the August 1, 2017 meeting online. Interested parties signed up to receive updates on the General Plan Amendment Authorization projects, received an email notice regarding the continuance and it was also noted on the City’s website. No other noticing is required for this item. No additional public comments have been received as of the publication of this report. Next Steps Should the Council authorize Westport Cupertino to move forward, the applicant will be able to enter the formal development review process, including necessary environmental analysis. The timeline for the project will begin when the applications are complete and are expected to run about 7-9 months. If the Council denies authorization, the applicant additionally has the option to resubmit their application with minor adjustments based on Council input within 30 days of this Council meeting. These modifications will be presented at a subsequent meeting later in Fall 2017. _____________________________________ Prepared by: Catarina Kidd, Senior Planner Reviewed by: Piu Ghosh, Principal Planner Benjamin Fu, Assistant Director of Community Development Aarti Shrivastava, Assistant City Manager Approved for Submission by: David Brandt, City Manager Attachments: A - Draft Resolution determining whether to authorize applicant to submit General Plan amendment application 221 RESOLUTION NO. 17- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO (APPROVING/DENYING) AUTHORIZATION OF WESTPORT CUPERTINO (OAKS SHOPPING CENTER) DEVELOPMENT PROPOSAL TO PROCEED WITH A GENERAL PLAN AMENDMENT APPLICATION DURING THE 2017 SECOND YEAR CYCLE PROJECT DESCRIPTION Application No: GPAauth-2017-02 Applicant: KT Urban Location: 21267 Stevens Creek Blvd. APN(s): 326-27-039, -040 and -041 WHEREAS, on September 1, 2015, the City Council adopted procedures for considering future General Plan amendments, including to review prospective applications twice a year and decide which are authorized to proceed with a General Plan Amendment application (Resolution no. 15-078); and WHEREAS, the Council criteria for determining whether an application will be authorized for processing is as follows: a. General Plan goals achieved by the proposed project, including, but not limited to, the following: (i) Site and architectural design and neighborhood compatibility; (ii) Brief description of net fiscal impacts (sales tax, transient occupancy tax or other revenue provided by the project), including the extent to which the project would diversify the City’s economic base; (iii) The provision of affordable housing; and (iv) Environmental Sustainability. b. General Plan amendments (and any other zoning amendments or variances) requested. c. Proposed voluntary community amenities, defined as (i) school resources, (ii) public open space, such as parks and trails, (iii) public facilities and utilities, such as library, community center or utility systems and (iv) Transportation facilities with an emphasis on city-wide bicycle, pedestrian and transit improvements, such as community shuttles, pedestrian and bicycle bridges, and transit centers/stations 222 Resolution No. August 15, 2017 Page 2 d. Staff time and resources required to process the project; and WHEREAS, the City Council initial decision to authorize an applicant to proceed with a General Plan Amendment application, does not in any way presume approval of the proposed amendment or project. Said decision only authorizes staff to process the Application; and WHEREAS, the City received the subject Application by May 15, 2017, the deadline to be considered in the 2017 second cycle of the General Plan Amendment application review process; and WHEREAS, on August 1, 2017, the City Council held a public hearing, and after closing the public hearing considered whether to allow the applicant to proceed with the General Plan Amendment application based on the relevant criteria; and WHEREAS, this Resolution is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment; NOW, THEREFORE, BE IT RESOLVED, that after careful consideration of relevant criteria, maps, facts, exhibits, testimony, staff reports, public comments, and other evidence submitted in this matter, the City Council of the City of Cupertino hereby (APPROVES/DENIES) authorization for the subject Application to proceed with a General Plan Amendment application. PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Cupertino the 15th day of August 2017, by the following vote: Vote: Members of the City Council: AYES: NOES: ABSTAIN: ABSENT: ATTEST: APPROVED: _____________________ _______________________ Grace Schmidt Savita Vaidhyanathan City Clerk Mayor, City of Cupertino 223 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2086 Name: Status:Type:Public Hearings Agenda Ready File created:In control:10/11/2016 City Council On agenda:Final action:8/15/2017 Title:Subject: Adoption of City of Cupertino Transportation Impact Fee Nexus Study Sponsors: Indexes: Code sections: Attachments:Staff Report A - Draft Resolution B – City of Cupertino Transportation Impact Fee Nexus Study Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Adoption of City of Cupertino Transportation Impact Fee Nexus Study Adopt Resolution No. 17-081, adopting the Cupertino Transportation Impact Fee Nexus Study; and direct Staff to draft ordinance to implement City Wide Traffic Impact Fee to be presented to City Council at the September 19, 2017 Council meeting CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™224 Economic & Planning Systems, Inc. 1 \\10.176.2.252\granicus_nas\insite\files\CUPE\Attachments\693b989c-cfcf-4935-9265-99335bda41ed.doc PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 15, 2017 Subject Adoption of City of Cupertino Transportation Impact Fee Nexus Study. Recommended Action Adopt draft resolution adopting the Cupertino Transportation Impact Fee Nexus Study. Direct Staff to draft ordinance to implement City Wide Traffic Impact Fee to be presented to City Council at the September 19, 2017 Council meeting. Background The need for transportation infrastructure improvements needed to support the growth of new development has traditionally been determined through traffic impact analyses (TIA’s) performed for individual development projects during the entitlement process. The TIA would evaluate the traffic impacts to the street network resulting from trips generated by the specific project and, if certain thresholds of delay or volume-to- capacity ratio were exceeded that resulted in a substandard Level of Service (LOS) to intersections or street segments, the project would be required to mitigate the impact to raise the LOS to an acceptable level. While this approach is effective in ensuring the necessary improvements are completed, it is inequitable in that only the development project which ultimately trips the LOS threshold is responsible for funding and completing the improvement, regardless of their relative contribution to traffic congestion, while earlier development projects tha t potentially generated a greater number of trips would not be responsible for contributing funding merely because they developed sooner and did not exceed any LOS threshold at the time. The establishment of a Traffic Impact Fee (TIF) eliminates these inequities by requiring all new development projects to contribute funding for transportation infrastructure improvements in relation to their actual contribution to traffic congestion (based on trip generation). The contributions are held in an account to be managed by the City, and used (along with other funding) to complete the infrastructure improvements in time as they are needed. 225 Economic & Planning Systems, Inc. 2 \\10.176.2.252\granicus_nas\insite\files\CUPE\Attachments\693b989c-cfcf-4935-9265-99335bda41ed.doc The Transportation Impact Fee Nexus Study provides the City of Cupertino with the necessary technical documentation to support the adoption of a new Citywide Transportation Impact Fee Program. The City of Cupertino General Plan (General Plan: Community Vision 2015 - 2040), adopted on December 4, 2014, specifically identifies the need to implement a TIF to help fund transportation improvements necessary to accommodate and mitigate the impacts of future development in the City. Impact fees are one-time charges on new development collected and used by the City to cover the cost of capital facilities and infrastructure that are required to serve new growth. As such impact fees must be based on a reasonable nexus, or connection, between new growth and development and the need for a new facility or improvement. Impact fee revenue cannot be used to cover the operation and maintenance costs of these or any other facilities and infrastructure. In addition, impact fee revenue cannot be collected or used to cover the cost of existing needs/deficiencies in the City transportation capital improvement network. To support the TIF program, the City must prepare a Nexus Study that will provide a legal basis for requiring development impact fees consistent with the Mitigation Fee Act (AB 1600/ Government Code Section 66000 et seq.). The Mitigation Fee Act allows the City to adopt, by resolution or ordinance, the Transportation Impact Fee consistent with the supporting technical analysis and findings provided in the Nexus Study. In establishing, increasing, or imposing a fee as a condition for the approval of a development project, Government Code 66001(a) and (b) state that the local agency must: 1. Identify the purpose of the fee; 2. Identify how the fee is to be used; 3. Determine how a reasonable relationship exists between the fee use and type of development project for which the fee is being used; 4. Determine how the need for the public facility relates to the type of development project for which the fee is imposed; and 5. Show the relationship between the amount of the fee and the cost of the public facility. Discussion The Fee Program described in the Nexus Study is based on land use, growth projections and transportation infrastructure requirements identified in the General Plan and supporting documents (e.g., Environmental Impact Report). The Nexus Study quantifies the potential allocation of the proposed transportation improvements to new 226 Economic & Planning Systems, Inc. 3 \\10.176.2.252\granicus_nas\insite\files\CUPE\Attachments\693b989c-cfcf-4935-9265-99335bda41ed.doc growth in the City and calculates the maximum allowable transportation impact fee schedule by land use category. Impact fees are derived from a list of specific capital improvement projects and associated costs that are needed in part or in full to accommodate new growth. The existing and future land use estimates used in the TIF are based on Table LU-1 of the Land Use and Community Design Element the General Plan. These land use estimates are used to estimate future travel demand, or trips, based on a variety of assumptions related to trip rates and lengths by land use category. Capital transportation improvement projects included in the list cover the intersections/segments where significant impact(s) were identified in the General Plan Environmental Impact Report (December 2014). In addition, the projects identified in the City of Cupertino 2016 Bicycle Transportation Plan are also included in the list. Transportation projects that have been identified as mitigations in CEQA documents for specific projects (e.g., Apple Campus 2, Marina Plaza, Hamptons) have been excluded from the TIF. The TIF nexus analysis allocates costs based on (1) the amount attributable to new versus existing development and (2) the amount covered by secured funding sources. Overall, this nexus analysis allocates approximately $59.35 million in transportation improvement cost to the TIF. The amount represents about 31% of the approximately $193.5 million in future transportation infrastructure costs considered in the analysis. The following table calculates the maximum TIF for each land use category, and includes a 2 percent charge needed to cover the administrative cost of administering the TIF program. These are the fee levels that would generate sufficient fee revenues to cover the full TIF cost allocation of $59.35 million. Decisions to charge fees below the maximum fee would result in funding gaps that would need to be covered by other funding sources. Maximum TIF Schedule Land Use Cost Per Trip Trip Demand Factor1 Raw Fee Admin Charge2 Total TIF per Unit Residential Single Family $5,907 0.99 $5,851 2% $5,968 / unit Multi-Family3 $5,907 0.61 $3,627 2% $3,700 / unit Non-residential Retail $5,907 1.59 $9.41 2% $9.60 / sqft. Office $5,907 2.79 $16.48 2% $16.81 / sqft. Hotel $5,907 0.54 $3,207 2% $3,272 / room Other $5,907 1.00 $5,907 2% $6,025 / trip [1] PM Trips per dwelling unit, per 1,000 building square feet, or per hotel room. 227 Economic & Planning Systems, Inc. 4 \\10.176.2.252\granicus_nas\insite\files\CUPE\Attachments\693b989c-cfcf-4935-9265-99335bda41ed.doc [2] Administrative charge of 2.0 percent for legal, accounting, and other administrative costs (e.g. revenue collection, mandated public reporting, and Nexus Analysis). [3] Includes apartments, condos, and townhomes. Staff recommends that City Council direct staff to draft an Ordinance to adopt the maximum allowable traffic impact fee as shown in the table above. The fee would be due at issuance of building permit. Additionally, staff recommends that the fee apply to all new development and redevelopment, with the following exemptions: 1. Tenant improvement projects, unless the project results in an intensification of land use; 2. Structures that have been vacant for less than one year; 3. Public facilities; 4. New or intensified development may be subject to a credit for development existing on the site and not vacant for more than one year. Public Outreach Two community meetings were held by staff in order to inform the public regarding the benefits of the TIF, answer questions, and solicit feedback. These meetings were noticed through the city website, Cupertino Courier, and NextDoor. Additionally, information and project updates were given to the Cupertino Chamber of Commerce Legislative Action Committee on three separate occasions. Sustainability Impact There is no impact to sustainability. Fiscal Impact The traffic impact fee program necessarily doesn’t cover 100% of the costs for the improvements designated (and the statutory authority of AB 16000 requires a rational nexus so that new development only cover their “fair share” of costs). Additionally, the impact fee nexus study does not identify all other funding sources (and typically these other sources are not totally secured prior to approval of the fee program since the designated improvements are likely to be required over a very long time horizon, such as build-out of a General Plan). Therefore, the City will need to identify supplemental funding sources, such as General Fund, grants, or individual developer contributions through avenues such as Developer Agreements, to provide the balance of the funding to complete the designated improvements. 228 Economic & Planning Systems, Inc. 5 \\10.176.2.252\granicus_nas\insite\files\CUPE\Attachments\693b989c-cfcf-4935-9265-99335bda41ed.doc _____________________________________ Prepared by: David Stillman, Transportation Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Draft Resolution B – City of Cupertino Transportation Impact Fee Nexus Study 229 RESOLUTION NO. 17-___ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CUPERTINO APPROVING THE 2017 TRANSPORTATION IMPACT FEE NEXUS STUDY WHEREAS, Mitigation Fee Act (AB 1600/ Government Code Section 66000 et seq.) enables cities to charge fees for transportation facilities; and WHEREAS, the City adopted an amended General Plan known as "General Plan: Community Vision 2015 - 2040" (The General Plan) on December 4, 2014; and WHEREAS, The General Plan identifies the buildout land use and growth projections and is based on a horizon year of 2040; and WHEREAS, The General Plan identifies impacts on transportation and traffic impacts from the potential future development associated with the 2040 buildout ; and WHEREAS, the City has retained Economic Planning Systems, Inc. to develop the Transportation Impact Fee Nexus Study; and WHEREAS, the Transportation Impact Fee Nexus Study provides the City of Cupertino with the necessary technical documentation to support the adoption of a new Citywide Transportation Impact Fee Program. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Cupertino hereby approves the 2017 Transportation Impact Fee Nexus Study. PASSED AND ADOPTED at a regular meeting of the City Council of the City of Cupertino this 15st day of August, 2017 by the following vote: Vote Members of the City Council AYES: NOES: ABSENT: ABSTAIN: ATTEST: APPROVED: _________________________ ________________________ Grace Schmidt, City Clerk Savita Vaidhyanathan Mayor, City of Cupertino 230 Report City of Cupertino Transportation Impact Fee Nexus Study Prepared for: City of Cupertino Prepared by: Economic & Planning Systems, Inc. and Stantec Consulting Services, Inc. August 2017 EPS #161085 231 Table of Contents 1. STUDY OVERVIEW AND RESULTS ................................................................................ 1 Introduction ............................................................................................................. 1 Legal Context ........................................................................................................... 1 Maximum Allowable Fee Schedule ............................................................................... 2 Key Issues and Assumptions ...................................................................................... 3 2. LAND USE AND GROWTH ASSUMPTIONS ....................................................................... 4 Land Use Assumptions and Forecast ............................................................................ 4 Travel Demand Assumptions and Forecasts .................................................................. 5 3. TRANSPORTATION IMPROVEMENTS AND COSTS ............................................................... 7 Project Selection Criteria ............................................................................................ 7 Project List ............................................................................................................... 7 Facility Cost Estimates ............................................................................................... 8 4. NEXUS ANALYSIS AND MAXIMUM FEE .......................................................................... 9 Overview of Nexus Findings ....................................................................................... 9 Travel Demand Model and Cost Allocation .................................................................. 10 Maximum Fee Calculation ........................................................................................ 14 5. TIF IMPLEMENTATION AND ADMINISTRATION ............................................................... 16 Approval Process .................................................................................................... 16 Fee Amount and Collection ....................................................................................... 16 Fee Credits, Reimbursements, and Exemptions ........................................................... 17 Annual Review, Accounting, and Updates ................................................................... 19 Securing Supplemental Funding ................................................................................ 20 Appendices APPENDIX A: Detailed TIF Project List and Costs Estimates 232 List of Tables Table 1 Maximum Allowable Transportation Impact Fee ..................................................... 3 Table 2 General Plan Land Use Assumptions and Forecasts ................................................ 4 Table 3 Trip Generation Assumptions .............................................................................. 5 Table 4 Trip Generation Projections ................................................................................ 6 Table 5 Summary of TIF Projects and Costs ..................................................................... 8 Table 6 TIF Travel Demand Assumptions ....................................................................... 12 Table 7 TIF Cost Allocation Assumptions and Calculations ................................................ 14 Table 8 Maximum Fee per Trip ..................................................................................... 14 Table 9 Maximum TIF Schedule .................................................................................... 15 233 Economic & Planning Systems, Inc. 1 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx 1. STUDY OVERVIEW AND RESULTS Introduction This Transportation Impact Fee Nexus Study (Nexus Study) provides the City of Cupertino (City) with the necessary technical documentation to support the adoption of a new Citywide Transportation Impact Fee Program (TIF Program). Impact fees are one-time charges on new development collected and used by the City to cover the cost of capital facilities and infrastructure that are required to serve new growth.1 The fees are typically collected upon issuance of a building permit or certificate of occupancy. The City adopted an amended General Plan known as "General Plan: Community Vision 2015 - 2040" (The General Plan) on December 4, 2014. The General Plan specifically identifies the need to implement a TIF to fund needed transportation improvements necessary to accommodate and mitigate the impacts of future development in the City. To support the TIF program, the City must prepare a Nexus Study that will provide a legal basis for requiring development impact fees consistent with Mitigation Fee Act (AB 1600/ Government Code Section 66000 et seq.). The Fee Program described in this Nexus Study is based on growth projections and transportation infrastructure requirements identified in the General Plan and supporting documents (e.g., Environmental Impact Report). This Nexus Study quantifies the potential allocation of the proposed transportation improvements to new growth in the City and calculates the maximum allowable transportation impact fee schedule by land use category. The City may decide to adopt fees below the maximum supportable level based on economic or policy considerations. Such fee reductions should be considered in conjunction with the availability of alternative sources of capital improvement funding. Legal Context This Nexus Study is designed to provide the necessary technical analysis to support a schedule of transportation impact fees to be established by an Impact Fee Act Fee Ordinance and Resolution. The Mitigation Fee Act allows the City to adopt, by resolution, the Transportation Impact Fee consistent with the supporting technical analysis and findings provided in this Report. The Resolution approach to setting the fee allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling ordinance. Impact fee revenue can be collected and used to cover the cost of constructing capital and infrastructure improvements required to serve new development and growth in the City. As such impact fees must be based on a reasonable nexus, or connection, between new growth and development and the need for a new facility or improvement. Impact fee revenue cannot be used to cover the operation and maintenance costs of these or any other facilities and 1 New development includes any construction activity that requires a building permit and creates additional impacts on the City’s transportation infrastructure once completed (e.g., through additional travel demand or “trips”). 234 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 2 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx infrastructure. In addition, impact fee revenue cannot be collected or used to cover the cost of existing needs/ deficiencies in the City transportation capital improvement network. In establishing, increasing, or imposing a fee as a condition for the approval of a development project, Government Code 66001(a) and (b) state that the local agency must: 1. Identify the purpose of the fee; 2. Identify how the fee is to be used; 3. Determine how a reasonable relationship exists between the fee use and type of development project for which the fee is being used; 4. Determine how the need for the public facility relates to the type of development project for which the fee is imposed; and 5. Show the relationship between the amount of the fee and the cost of the public facility. These statutory requirements have been followed in establishing this TIF, as documented in subsequent chapters. Chapter 4 summarizes the specific findings that explain or demonstrate this nexus. If the transportation impact fee is adopted, this Nexus Study and the technical information it contains should be maintained and reviewed periodically by the City to ensure Impact Fee accuracy and to enable the adequate programming of funding sources. To the extent that transportation improvement requirements, costs, and development potential changes over time, the Fee Program will need to be updated. Further information on the implementation and administration of the TIF program is provided in Chapter 5. Maximum Allowable Fee Schedule Table 1 shows the City’s maximum transportation impact fee schedule by land use consistent with nexus requirements and the associated analysis contained in this Technical Report. These transportation impact fees apply to new residential and nonresidential development and cover the transportation improvement costs required to support new development after existing deficiencies and known other funding sources have been taken into account. The fee estimates also include a 2 percent fee program administration fee, consistent with Mitigation Fee Act program administrative costs in many other California jurisdictions.2 The fees apply to all new development, except those exempted by the Ordinance of other means, such as approved under the terms of a Development Agreement.3 2 The 2 percent administration cost is designed to cover expenses for preparation of the development impact fee study and subsequent updates as well as the required reporting, auditing, collection and other annual administrative costs involved in overseeing the program. Development impact fee programs throughout California have applied similar administrative charges. 3 These individual Development Agreements specify the specific transportation improvements/ contributions to be made by these individual developments. 235 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 3 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx The adoption of the recommended fee schedule would result in fee revenues of about $59.8 million in today’s dollar terms assuming full build-out of the General Plan consistent with current land use designations. An additional $134 million in revenues will be required from other funding sources to cover the full cost of the transportation facilities included in the fee calculations. In other words, the TIF is estimated to generate about 31 percent of the revenue needed to cover the future transportation improvements and facilities costs identified to mitigate growth impacts associated with build-out of the General Plan. Table 1 Maximum Allowable Transportation Impact Fee Key Issues and Assumptions The results of this analysis are based on a variety of conditions and assumptions regarding facility costs, service standards, growth projections, and facility demand. Assumptions are covered in detail in later chapters, though some of the key issues are summarized below:  Future Development and Trips. The fee calculations were based on residential and nonresidential development projections, and associated trip generation. The most recently approved General Plan was the starting source for this information. In addition, the Cupertino Travel Demand model was utilized to conduct travel demand analysis.  Capital Improvement Program. The list of transportation improvements included in the Fee Program focus on projects identified in existing City planning documents and supporting studies. As such, the Consultant Team will not seek to identify or plan entirely new transportation projects in the City.  Cost Estimates. Stantec has developed or verified cost estimates for all of the transportation improvement projects identified herein. The cost estimates were based on assumptions about the planned right-of-way, roadway cross-sections, and landscaping treatments for each corridor. Assumptions were based on similar existing corridors within the City of Cupertino and the City’s roadway design standards, and have been reviewed and confirmed by City staff.  Cost Allocation. Transportation analysis conducted by Stantec (including Select Link Analysis) was used to determine the portion of transportation improvements costs to be included in the fee program. Only transportation improvement costs specifically required to support new development are included in the transportation impact fee calculation. In addition, funding for the identified transportation improvement projects from other sources was subtracted from the gross cost estimates. Land Use Residential Single Family $5,968 / unit Multi-Family $3,700 / unit Non-residential Retail $9.60 / sqft. Office $16.81 / sqft. Hotel $3,272 / room Other $6,025 / trip Total TIF per Unit 236 Economic & Planning Systems, Inc. 4 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx 2. LAND USE AND GROWTH ASSUMPTIONS This chapter documents the land use and growth assumptions and forecasts that underlie the TIF calculations. These factors drive the traffic generation and attraction in the City of Cupertino and, in turn, are critical factors in determining how to allocate new transportation improvement costs between existing and new development and between different land uses. Land Use Assumptions and Forecast The existing and future land use estimates used in the TIF are based on the General Plan: Community Vision 2015 – 2040, approved in December 2014. Specifically, the land use assumptions summarized in Table 2 were derived from Table LU-1 of the Land Use and Community Design Element and are categorized as follows: Table 2 General Plan Land Use Assumptions and Forecasts  Single-Family Residential: This category refers to detached single-family homes. Traffic impact fees for new single-family residential development are applied on a per unit basis.  Multifamily Residential): This category covers apartments, townhomes, condos, duplexes and other multifamily housing in which walls are shared among units. Traffic impact fees for new construction of this type of residential development are applied on a per unit basis. The break-out between single-family and multifamily development is based on the Cupertino Travel Demand model.  Retail: Retail development can include shopping centers, discount stores, nurseries, factory outlets, car sale lots, convenient stores, and specialty stores. Traffic impact fees for new construction of this type of development are applied on a square footage basis. 2014 2040 Residential Units Single Family 15,117 16,172 1,055 Multi-Family1 6,295 7,122 827 Subtotal 21,412 23,294 1,882 Non-residential Retail (1,000 Sq. Ft.)3,632 4,431 799 Office (1,000 Sq. Ft.)8,916 11,470 2,554 Hotel (rooms)1,116 1,429 313 Growth (2014 - 2040) [1] Multi-family Includes apartments, condos, duplexes and townhomes. The breakdown between single-and multi-family based on estimated from the Cupertino Travel Demand Model. Sources: City of Cupertino Community Vision 2040, Table LU-1. Cupertino Travel Demand Model YearLand Use 237 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 5 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx  Office: This category covers general offices, including professional and medical office development, government offices, and post offices. Traffic impact fees for this type of development are applied on a square footage basis.  Hotel: This category includes hotels, motels, and other lodging facilities. Traffic impact fees for this type of development are applied on a per room basis.  Other: This category is included as a catch-all to cover all other development activity in Cupertino that generates new travel demand or trips but is not included in one of the above categories. For example, it could include churches, private schools, entertainment venues (e.g., cinemas) and other development that is not easily categorized. Travel Demand Assumptions and Forecasts The land use forecasts documented above are used to estimate future travel demand, or trips, based on a variety of assumptions related to trip rates and lengths by land use category. These assumptions are summarized in Table 3. Table 3 Trip Generation Assumptions Table 4 combines the travel demand assumptions presented in Table 3 with the growth estimates summarized in Table 2 to estimate the total growth in trips through build-out of the General Plan. As shown, this approach results in an estimated growth of 10,120 PM peak hour trips per day, which represents a 20 percent increase over existing levels. Land Use Primary Trips1 Diverted Trips1 Total Excluding Pass-by1 Avg. Trip Length2 Adjustment Factor3 ITE Category Avg. PM Trips4 Trip Demand Factor5 Residential Single Family 86% 11% 97% 6.77 0.99 Single Family Detached (210) 1.00 0.99 Multi-Family 86% 11% 97% 6.77 0.99 Apartment (220)0.62 0.61 Non-residential Retail 47% 31% 78% 3.65 0.43 Shopping Center (820) 3.71 1.59 Office 77% 19% 96% 12.93 1.87 General Office Building (710) 1.49 2.79 Hotel 58% 38% 96% 6.25 0.90 Hotel (310)0.60 0.54 [1] Percent of total trips. Primary trips are trips with no midway stops, or "links." Diverted trips are linked trips whose di stance adds at least one mile to the primary trip. Pass-by trips are links that do not add more than one mile to the total trip. [2] In miles. Residential based on Home-Based "Total, personal travel", Retail based on "Home-Based Shop/Other", Hotel based on "Non-Home Based" trip lengths and Office based on "Home-Based Work High Income" trip length form City of Cupertino Travel Demand Model Year 2040 Travel forecasts. [3] The trip adjustment factor equals the percent of non-pass-by trips multiplied by the average trip length and divided by the systemwide average trip length of 6.63 miles. [4] Trips per dwelling unit, room or per 1,000 building square feet. [5] The trip demand factor is the product of the trip adjustment factor and the average PM trips. Sources: San Diego Association of the Goverments, Brief Guide of Vehicular Traffic Generation Rates for the San Diego Regions, April 2002; Institute of Traffic Engineers, Trip Generation, 9th Edition; Stantec. 238 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 6 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx Table 4 Trip Generation Projections Units Trips Units Trips Units Trips Residential Units Single Family 0.99 15,117 14,973 16,172 16,018 1,055 1,045 Multi-Family2 0.61 6,295 3,866 7,122 4,374 827 508 Subtotal 21,412 18,839 23,294 20,392 1,882 1,553 Non-residential Retail (1,000 Sq. Ft.)1.59 3,632 5,786 4,431 7,059 799 1,273 Office (1,000 Sq. Ft.)2.79 8,916 24,872 11,470 31,997 2,554 7,125 Hotel (rooms)0.54 1,116 606 1,429 776 313 170 Subtotal 31,264 39,832 8,568 Total 50,103 60,223 10,120 Trip Demand Factor1 Sources: Cupertino General Plan: Community Vision 2015 - 2040; Stantec. [2] Includes apartments, condos, duplexes, and townhomes. Land Use 2014 2040 Growth (2014 - 2040) [1] PM Trips per dwelling unit, per 1,000 building square feet, or per hotel room (see Table 3) 239 Economic & Planning Systems, Inc. 7 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx 3. TRANSPORTATION IMPROVEMENTS AND COSTS This chapter describes the major roadway improvement projects required in the City of Cupertino as well as their cost estimates. The following chapter discusses the nexus-based cost allocations. Project Selection Criteria Development impact fees are derived from a list of specific capital improvement projects and associated costs that are needed in part or in full to accommodate new growth. Consequently, the capital improvements included in the fee program need to be described in sufficient detail to generate cost estimates. However, impact fee programs do not, in themselves, represent actual approval of a City plan or capital project (and as such do require clearance through the California Environmental Quality Act or CEQA). Given the above consideration, the TIF Consultant Team recommends that as a baseline criterion, all transportation projects identified in existing City planning documents be considered for inclusion in the fee program. As such, the Consultant Team will not seek to identify or plan entirely new transportation projects in the City. Existing planning documents relied upon by the Consultant Team will include, without limitation, the recently approved General Plan: Community Vision 2015 – 2040, the 2016 Bicycle Transportation Plan, and other project related or area- specific planning documents. The list of transportation projects identified in existing City planning documents will be further refined as follows:  The TIF program will exclude any projects that are outside the City of Cupertino.  The TIF program will exclude any projects where secured and dedicated funding source have already been established to cover the full cost. Project List As part of the Cupertino TIF and Nexus Study, Stantec has prepared a preliminary conceptual improvement list, as shown in Table 5. The improvements included in the list cover the intersections/segments where significant impact(s) were identified in the General Plan: Community Vision 2015 – 2040 Draft Environmental Impact Report (December 2014). In addition, the projects identified in the City of Cupertino 2016 Bicycle Transportation Plan are also included in the list, as shown in Appendix A. Transportation projects that have been identified as mitigations in CEQA documents for specific projects (e.g., Apple Campus 2, Marina Plaza, the Hamptons) have been excluded from the TIF. The completion of mitigations identified in these project specific EIR's would be placed as a condition upon, and paid by, the developer separate from the TIF. None of the projects included in the TIF addresses existing deficiencies. Rather, they are a response to new development and limited to intersections currently operating at a level of service (LOS) within City’s acceptable standards, but are expected to deteriorate to levels below City standards with proposed new developments. The Citywide sidewalk and bicycle facility 240 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 8 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx installations are also in response to new development and a need to encourage shifts to modes such as walking and biking so that the roadway system is not overtaxed. Table 5 Summary of TIF Projects and Costs Facility Cost Estimates The cost estimates shown in Table 5 above are based on assumptions about the planned right- of-way, roadway cross-sections, and landscaping treatments for each corridor. Assumptions were based on similar existing corridors within the City of Cupertino and the City’s roadway design standards, and have been reviewed and confirmed by City staff. Detailed cost estimate sheets for each project are attached to this report as Appendix A. 1 SR 85 NB Ramps and Stevens Creek Blvd.Community Vision 2015 – 2040 $536,000 2 Stelling Rd. and Stevens Creek Blvd.Community Vision 2015 – 2040 $1,318,000 3 Sunnyvale‐Saratoga Rd. / De Anza Blvd. / Homestead Rd.Community Vision 2015 – 2040 $3,210,000 4 De Anza Blvd. and I-280 Ramps Community Vision 2015 – 2040 $1,840,000 5 De Anza Blvd. and Stevens Creek Blvd. Community Vision 2015 – 2040 $145,000 6 De Anza Blvd. and McClellan Rd. / Pacifica Dr. Community Vision 2015 – 2040 $9,707,000 7 Wolfe Rd. and Homestead Rd. Community Vision 2015 – 2040 $7,131,000 8 Wolfe Rd. and I-280 NB & SB Ramps Community Vision 2015 – 2040 $76,300,000 9Wolfe Rd.‐Miller/Ave. and Stevens Creek Blvd. Community Vision 2015 – 2040 $153,000 10 North Tantau Ave./Quail Ave. / Homestead Rd. Community Vision 2015 – 2040 $145,000 11 Tantau Ave. and Stevens Creek Blvd. Community Vision 2015 – 2040 $145,000 12 Monta Vista Sidewalk (Orange and Byrne) Community Vision 2015 – 2040 $4,000,000 13 Monta Vista Sidewalk (McClellan) Community Vision 2015 – 2040 $2,040,000 14 Bicycle Projects - Tier 1 Bicycle Transportation Plan $38,611,000 15 Bicycle Projects - Tier 2 Bicycle Transportation Plan $15,399,500 16 Bicycle Projects - Tier 3 Bicycle Transportation Plan $33,168,500 Total - Citywide Transportation Projects $193,849,000 SourceTIF #Project Name Project Cost1 [1] See Appendix A for detailed project cost estimates. 241 Economic & Planning Systems, Inc. 9 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx 4. NEXUS ANALYSIS AND MAXIMUM FEE This chapter presents the nexus analysis and calculations for the maximum allowable TIF based on the land use projections and transportation improvements described previously. Overview of Nexus Findings A “nexus” or relationship between new development in City of Cupertino and transportation improvements and their costs must be established before incorporating transportation improvement costs into a transportation impact fee calculation. To determine the appropriate costs to include in the new transportation fee calculation, it is necessary to conduct a series of steps:  Identify Total Costs of Transportation Improvements. The identification of the required transportation improvement projects and their associated costs is the first step (conducted in prior chapter)  Remove Existing Deficiencies. Next, it is necessary to evaluate whether there is an existing deficiency at any of the project locations, and if so, the magnitude of that deficiency. Existing deficiencies are accounted for by reducing the project cost that is included in the Fee Program with funding required from other sources.  Determine Proportionate Allocation to New Development. Once existing deficiencies are identified, it is necessary to determine the proportion of the remaining project cost that is attributable to new development in Cupertino, and therefore can be the subject of a fee program.  Account for Known Funding. To the extent there is dedicated funding for any of the transportation improvements, this portion of costs should not be included in the transportation fee calculation. For this TIF calculation, funding from Measure B has been excluded. The technical calculations described above and further detailed in subsequent sections establish the following nexus findings, consistent with the requirements of the Mitigation Fee Act. Purpose The fee will help maintain adequate levels of transportation service in Cupertino. Use of Fee Fee revenue will be used to fund City transportation improvements, including roadway, intersection, interchange, and traffic signal improvements, as well as the reimbursement of upfront investments from other City funds for transportation improvements required to serve future growth. The list of eligible transportation projects and costs are summarized in Chapter 3 and further detailed in the Appendix A. 242 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 10 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx Relationship New development in the City of Cupertino will increase demands for and travel on the City’s transportation network. Transportation fee revenue will be used to fund additional transportation capacity necessary to accommodate growth. New development will benefit from the increased transportation capacity. Need Each new development project will add to the incremental need for transportation capacity and improvements. The transportation improvements considered in this study are considered necessary to meet the City's future transportation needs. Proportionality The fee levels are tied to fair share cost allocations to new Citywide development based on the transportation model developed by VTA and adapted for this study purpose by Stantec. Travel Demand Model and Cost Allocation Travel Demand Assumptions and Methodology In order to allocate TIF program costs equitably, the City of Cupertino General Plan travel demand model was applied to this nexus study. The City of Cupertino General Plan travel demand model was developed using the Santa Clara VTA countywide travel demand model with refined land use estimates for the City of Cupertino. The VTA model is a mathematical representation of travel demand based on the buildout of all of the cities within Santa Clara County, including Cupertino. The model uses socioeconomic data, such as number of jobs and households, for different geographic areas (transportation analysis zones) to predict the expected travel between places in the future. The model is validated for the current socioeconomic data to predict current traffic volume, which is matched with the actual existing counts to calibrate the model. The calibrated model is then utilized to forecast future travel conditions based on the expected changes in the socioeconomic conditions in the future. The City of Cupertino General Plan model has 54 transportation analysis zones within the model to represent City. The 2040 socioeconomic data are generated by the ABAG and refined by VTA based on input from the City Planning Department. In this nexus study, Stantec has used this model to derive both average citywide and link-specific characteristics of vehicle travel demand including the following:  Internal (trips that start and end in Cupertino)  Internal/External (trips that have one end either beginning or ending in Cupertino)  Through (trips that pass completely through Cupertino without stopping) Only the trips starting or ending in Cupertino (i.e., Internal trips and Internal/External trips) would be responsible for the TIF program costs. 243 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 11 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx Table 6 illustrates the average citywide characteristics of vehicle travel demand. These methodologies would be applied to determine the percentage of the project costs that could be funded through the TIF program. Generally, two allocation methodologies were applied as follows:  Citywide Average - the cost allocation would be based on the average citywide characteristics of vehicle travel demand, which were determined for all the roadway segments within the City of Cupertino boundary as an average. The City-wide average is used where the traffic model does not provide sufficient detailed to estimate the origin and destination of trips associated with a particular transportation facility or improvement. As shown in Table 6, this method would be applied for all the freeway interchange projects, sidewalk projects, and bicycle projects.  Select Link - the cost allocation would be based on link-specific characteristics of vehicle travel demand for the project-related links (I.e., all the approaching and departure roadway segments of the intersection). This methodology is applied where the traffic model can be used to estimate specific travel demand characteristics associated with particular transportation facilities and improvements. As shown in Table 6, this method is applied for all the City-owned intersection projects. 244 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 12 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx Table 6 TIF Travel Demand Assumptions As shown, approximately 49.8 percent of the trips using Cupertino roadway facilities would pass through Cupertino completely without stopping. Therefore, approximately 50.2 percent of the project costs would be funded through the TIF program using the Citywide Average approach described above. This allocation percentage is applied for all the freeway interchange intersection projects, sidewalk projects, and bicycle projects. As shown, for the Select Link analysis, the proportion of transportation improvement costs allocated to new development varies by facility or improvement. Generally, approximately 14.5 percent to 38.4 percent of the trips using the approaching or departure roadway segments of the intersection would pass through Cupertino without stopping. For the three intersections along Homestead Road on the north border of Cupertino, such percentage goes up to between 52.9 percent and 61.1 percent. In summary, approximately 38.9 percent to 85.5 percent of the project costs would be funded through the TIF program for the city-owned intersection projects. TIF # Project Name Cost Allocation Methodology I-I I-X X-I X-X 1 SR 85 NB Ramps and Stevens Creek Blvd.Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% 2 Stelling Road and Stevens Creek Blvd. Select Link 13.1% 32.5% 39.9% 14.5% 85.5% 3 Sunnyvale‐Saratoga Rd./De Anza Blvd. and Homestead Rd.Select Link 2.3% 20.3% 24.5% 52.9% 47.1% 4 De Anza Blvd. and I-280 Ramps Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% 5 De Anza Blvd. and Stevens Creek Blvd. Select Link 9.9% 30.5% 33.4% 26.2% 73.8% 6 De Anza Blvd. and McClellan Road/Pacifica Dr.Select Link 6.4% 25.9% 29.3% 38.4% 61.6% 7 Wolfe Road and Homestead Road Select Link 1.1% 19.8% 18.7% 60.4% 39.6% 8 Wolfe Road and I-280 NB & SB Ramps 2 Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% 9 Wolfe Road‐Miller/Ave. and Stevens Creek Blvd.Select Link 7.1% 39.3% 31.5% 22.1% 77.9% 10 North Tantau Ave./Quail Ave. and Homestead Rd.Select Link 0.1% 19.6% 19.2% 61.1% 38.9% 11 Tantau Avenue and Stevens Creek Blvd. Select Link 3.3% 40.2% 34.8% 21.7% 78.3% 12 Monta Vista Sidewalk (Orange and Byrne)Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% 13 Monta Vista Sidewalk (McClellan) Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% 14 Bicycle Projects - Tier 1 Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% 15 Bicycle Projects - Tier 2 Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% 16 Bicycle Projects - Tier 3 Citywide Avg. 5.7% 22.9% 21.5% 49.8% 50.2% [3] Excludes through trips (X-X), or those that do not originate or end in Cupertino. Trip Type1, 2 [2] Travel demand analysis is documented in Stantec November, 2016 memo, "Land Use Projections, Traffic Analysis, Costs Estimates, and Travel Demand Model Analysis for Cupertino Traffic Impact Fee (TIF) / Nexus Study. [1] I-I = trips that start and end in Cupertino, I-X = trips that originate in Cupertino and end elsewhere, X-I = trips that originate elsewhere but end in Cupertino, X-X = trips that pass-through Cupertion but do not end or originate there. Share Allocated to New Development3 245 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 13 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx TIF Cost Allocation The TIF nexus analysis allocates costs based on (1) the amount attributable to new versus existing development, (2) the proportion of trips with at least one trip end in the City (i.e. excludes through trips), and (3) the amount covered by secured funding sources. As described in Chapter 3, none of the projects included in the TIF addresses existing deficiencies. Rather, they are a response to new development and limited to intersections currently operating at a level of service (LOS) within City’s acceptable standards, but are expected to deteriorate to levels below City standards with proposed new developments. The Citywide sidewalk and bicycle facility installations are also in response to new development and a need to encourage shifts to modes such as walking and biking so that the roadway system is not overtaxed. Consequently, the entire TIF project list was selected to only include improvements attributable to new development. The cost allocated to new development is based on the analysis described above and summarized in Table 6. In addition, the analysis assumes that the Santa Clara County Transportation Infrastructure Tax, approved by the voters in November 2016, and private developer funding will cover 100 percent of the costs for the Wolfe Road/I-280 interchange improvements. Consequently, the costs of these improvements, estimated to be about $76.3 million, have been excluded from the TIF calculation. Table 7 illustrates the net impact of the cost allocations described above. As shown, overall this nexus analysis allocates approximately $59.78 million in transportation improvement cost to the TIF. The amount represents about 31 percent of the approximately $193.9 million in future transportation infrastructure costs considered in this analysis. 246 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 14 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx Table 7 TIF Cost Allocation Assumptions and Calculations Maximum Fee Calculation Table 8 shows the maximum supportable transportation impact fee per trip. The maximum fee per trip is calculated by dividing the aggregate fee program cost of $59.78 million (see Table 7) by the total number of trips generated by new development, or 10,120 (see Table 4). The results in an average TIF per peak hour trip of $5,907. Table 8 Maximum Fee per Trip 1 SR 85 NB Ramps and Stevens Creek Blvd.$536,000 50.2% $268,809 2 Stelling Road and Stevens Creek Blvd.$1,318,000 85.5% $1,126,890 3 Sunnyvale‐Saratoga Road/De Anza Blvd. and Homestead Rd.$3,210,000 47.1% $1,511,910 4 De Anza Blvd. and I-280 Ramps $1,840,000 50.2% $922,777 5 De Anza Blvd. and Stevens Creek Blvd.$145,000 73.8% $107,010 6 De Anza Blvd. and McClellan Road/Pacifica Dr.$9,707,000 61.6% $5,979,512 7 Wolfe Road and Homestead Road $7,131,000 39.6% $2,823,876 8 Wolfe Road and I-280 NB & SB Ramps 2 $76,300,000 0.0%$0 9Wolfe Road‐Miller/Ave. and Stevens Creek Blvd.$153,000 77.9% $119,187 10 North Tantau Ave./Quail Ave. and Homestead Rd.$145,000 38.9%$56,405 11 Tantau Avenue and Stevens Creek Blvd.$145,000 78.3% $113,535 12 Monta Vista Sidewalk (Orange and Byrne)$4,000,000 50.2% $2,006,038 13 Monta Vista Sidewalk (McClellan)$2,040,000 50.2% $1,023,079 14 Bicycle Projects - Tier 1 $38,611,000 50.2% $19,363,783 15 Bicycle Projects - Tier 2 $15,399,500 50.2% $7,722,995 16 Bicycle Projects - Tier 3 $33,168,500 50.2%$16,634,318 Total - Citywide Transportation Projects $193,849,000 30.8% $59,780,125 [1] See Table 5 and Appendix A. [2] Since the costs of these projects are to be covered entirely by Measure B, they are excluded from the traffic impact fee calculationsremoved from the Impact Fee Calculations. Total Project Cost1 Share Allocated to New Development Cost Allocated To TIF ProgramTIF # Project Name Fee Program Share of Planned Transportation Facility Costs a $59,780,125 Growth in PM Trips b 10,120 Cost per Trip = a / b $5,907 Source: EPS and Stantec. FormulaCategory Amount 247 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 15 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx Finally, Table 9 calculates the maximum TIF for each land use category specified in the General Plan. The maximum allowable fee by land use includes a 2 percent charge needed to cover the administrative cost of administering the TIF program. The maximum supportable fees are the fee levels that would generate sufficient fee revenues to cover the full TIF cost allocation of $59.78 million. As discussed below, decisions to charge fees below the maximum fee will result in funding gaps that would need to be covered by other funding sources. Table 9 Maximum TIF Schedule Land Use Cost Per Trip Trip Demand Factor1 Raw Fee Admin Charge2 Residential Single Family $5,907 0.99 $5,851 2%$5,968 / unit Multi-Family $5,907 0.61 $3,627 2%$3,700 / unit Non-residential Retail $5,907 1.59 $9.41 2%$9.60 / sqft. Office $5,907 2.79 $16.48 2%$16.81 / sqft. Hotel $5,907 0.54 $3,207 2%$3,272 / room Other $5,907 1.00 $5,907 2%$6,025 / trip [1] PM Trips per dwelling unit, per 1,000 building square feet, or per hotel room. [2] Administrative charge of 2.0 percent of "raw" TIF for legal, accounting, and other administrative costs (e.g. revenue collection, mandated public reporting, and Nexus Analysis). Total TIF per Unit 248 Economic & Planning Systems, Inc. 16 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx 5. TIF IMPLEMENTATION AND ADMINISTRATION This chapter describes implementation and administrative issues and procedures to be addressed in the TIF Ordinance and Nexus Study. It addresses matters related to TIF approval, program administration (e.g., fee amount, collection and accounting procedures, exemptions, etc.), and securing supplemental funding. Approval Process The TIF and corresponding fee schedule will need to be adopted by City Resolution and Ordinance. The City TIF Ordinance will allow the City Council to adopt a fee schedule consistent with supporting technical analysis and findings provided in this Report. The Ordinance approach to setting the TIF fee will allows periodic adjustments of the fee amount that may be necessary over time, without amending the enabling Ordinance. The TIF Ordinance will clearly define the TIF program policies and procedures as discussed further below. The TIF program policies and procedures may differ from other City development impact fees (e.g., the Parks Fee and Affordable Housing fee). Fee Amount and Collection As noted, the actual fee levels by land use will need to be approved by the City Council but cannot exceed the maximum allowable fees calculated herein. Other fee collection considerations are described below. Applicable Land Uses All new development that occurs within the City of Cupertino, except as specifically exempted by the TIF Ordinance, shall pay the TIF based on an approved Fee Schedule made available by the City and updated periodically. The amount will vary by land use, as described in the Nexus Study. While the maximum fee amount will be determined by the AB 1600 Nexus Study, the City may elect to charge less for a variety of reasons. It is possible that certain projects may not fit neatly into the land use categories defined in the fee schedule (see Table 9). In cases where such ambiguity exists, the City Manager or an authorized representative will need to make a determination as to the applicable fees. The Fee Ordinance can articulate guidelines for resolving discrepancies and/or disputes. For example, it may include the option for applicants to furnish information or analysis that will justify their project’s inclusion in a particular land use category and/or a lower fee based on verifiable trip generation rates or other factors. Fee Escalation The City Fee Ordinance will allow for an automatic adjustment of the TIF to keep pace with inflation adjusted increases in construction cost. This allows the fee level to keep pace with inflation without requiring an annual approval process. This adjustment is based on cost indices published by the Engineering News Record (ENR), a source widely used in the construction industry, and by many jurisdictions as a basis for making annual inflation adjustments to 249 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 17 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx their development impact fees. ENR’s CCI has been published consistently every month since 1913 for 20 U.S. cities and a national average of the 20 cities. As such it is one of the most reliable and consistent indices that track trends in construction costs. Timing of Payment While the City TIF Ordinance will specify the timing for TIF payments, the generally accepted practice in Cupertino, and most other California cities, is to have the fee payment due upon issuance of a building permit, unless otherwise indicated or allowed. Fee Credits, Reimbursements, and Exemptions Impact fee programs frequently allow developers subject to the fee to obtain fee credits, reimbursements, and/or adjustments under certain and limited circumstances as determined by the City’s Impact Fee Ordinance. Fee credits, reimbursements, or adjustments are generally not allowed by right but rather should be subject to discretionary review and approval by the City to ensure that they are warranted and appropriate. Fee Credits Impact fee ordinances frequently allow for fee credits if a developer provides a particular facility or improvement that replaces facilities that would have otherwise been funded in whole or in part by the TIF. For example, the City may elect to offer a fee credit to developers who provide transportation related improvements, consistent with those specified in the current TIF program. The fee credit is usually equal to the most current cost estimate of the infrastructure item (as defined by annual cost review or other recent evaluation of cost) regardless of the actual cost to construct. The City’s Ordinance will allow for fee credits under specific terms. Fee Reimbursements Fee reimbursements are typically considered for developers who contribute more funding and/or build and dedicate infrastructure items that exceed their proportional obligation, especially if the project funded is a priority project. Such reimbursements should be provided as fee revenue becomes available and should include a reasonable factor for interest earned on the reimbursable amount. It should not compromise the implementation of other priority capital projects. A provision for including such interest payments as additional costs in subsequent fees can also be included in the Ordinance. Fee Exemptions and Other Adjustments The City may elect not to impose fees for certain categories of development or on project by project basis, though alternative funding sources to offset a loss in fee revenue should be considered in this context. Likewise, the City may enter into a Development Agreement that specifically exempts or adjusts all or a portion of the City fees, including its application. Generally speaking, cities consider waiving all or portions of a fee if it can be determined that a proposed project will have minimal or no impact on the improvements or facilities for which the Fee is collected. Additionally, cities sometimes allow for fee exemptions for certain types of uses such as projects developed for use by not-for-profit organizations or other public benefits (e.g., affordable housing). By way of example, jurisdictions often exempt or adjust fees for the following types of projects, subject to City review and approval. 250 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 18 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx 1. Any internal or external alteration or addition to an existing structure that increases total floor area (including outside storage) by more than a specified percent (e.g. 10). This exemption may not apply when the alteration or addition facilitates a change to more intensive use (e.g. one that generates additional vehicle trip). Some jurisdictions have further specified the number of expansions permitted under this exemption (e.g. no more than one expansion may qualify for this exemption in any ten (10) year period). 2. Any replacement or reconstruction of any structure that is damaged or destroyed as a result of fire, flood, explosion, wind, earthquake, riot, or other calamity or act of God. This exemption would not apply to the portion of a building replaced or reconstructed that exceeds the documented total floor area or change the use at the time of its destruction. 3. Any structure has been vacant for less than a specified period of time (e.g., one to three years), assuming the new tenant(s) are of a similar nature in terms of their impact on capital facilities. 4. New development that replaces existing development may be eligible for a Fee adjustment to the extent that the facilities to be funded by the new development are already provided to the existing development provided the existing development has not been removed more than one year. For example, a 20,000 square foot office building that is replaced by a 40,000 square foot office building could receive up to a 50 percent credit in the Fee (20/40 = 50%). City staff will determine the amount of the Fee credit at the time a site plan is submitted to the City. If a structure is replaced with a denser land use, such as replacing single family residences with a commercial building, an incremental fee will generally apply. 5. Any replacement of a structure and use, in kind, providing that the property owner can document that the structure was legally in existence at the time the Fee was adopted. 6. Residential accessory structures, as defined by the Cupertino Municipal Code (CMC). 7. Public facilities, as defined by the CMC. 8. Any temporary structure approved in accordance with the CMC for a period not to exceed a specified period (e.g. thirty (30) days in any calendar year). In some cases, temporary buildings that are authorized for more than thirty (30) days in any calendar year shall be required to pay the Fee. But when the building is removed at a later date, the Fee, or a portion thereof, may be refunded or credited to a permanent structure in the Project Area. All refunds are subject to a deduction of appropriate administration fees. 9. Upon approval by the City Council of the City of Cupertino, a portion of the fee may be reduced for housing development approved for very low-income occupants, as defined by the State Department of Housing and Community Development (HCD), in accordance with CMC (affordable housing incentives). The following are examples of times that the Fee may be collected for land uses that could be potentially classified as exempt from the fees. 1. Any project listed as exempt but which nonetheless, in the opinion of the City Manager, increases the demand upon city facilities funded by the Fee. The City Manager may pro-rate 251 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 19 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx the amount of the fee based upon the project’s anticipated impact upon the subject facility or facilities. 2. Illegal facilities and buildings, constructed prior to the adoption of the Fee, which consequently obtain a building permit to legitimize the facility or building, shall pay the applicable Fee. 3. Accessory residential structures that are converted to a separate residential dwelling unit shall pay the Fee for multifamily development as long the primary residence remains on the property. Annual Review, Accounting, and Updates Annual review This Nexus Study and the technical information it contains should be maintained and reviewed periodically by the City as necessary to ensure TIF accuracy and to enable the adequate programming of funding sources. To the extent that improvement requirements, costs, or development potential changes over time, the TIF will need to be updated. Specifically, AB 1600 (at Gov. C. §§ 66001(c), 66006(b)(1)) stipulates that each local agency that requires payment of a fee make specific information available to the public annually within 180 days of the last day of the fiscal year. This information includes the following:  A description of the type of fee in the account  The amount of the fee  The beginning and ending balance of the fund  The amount of fees collected and interest earned  Identification of the improvements constructed  The total cost of the improvements constructed  The fees expended to construct the improvement  The percent of total costs funded by the fee If sufficient fees have been collected to fund the construction of an improvement, the agency must specify the approximate date for construction of that improvement. Because of the dynamic nature of growth and infrastructure requirements, the City should monitor development activity, the need for infrastructure improvements, and the adequacy of the fee revenues and other available funding. Formal annual review of the Fee Program should occur, at which time adjustments should be made. Costs associated with this monitoring and updating effort are included in the Impact Fee as an administrative charge. Surplus Funds AB 1600 also requires that if any portion of a fee remains unexpended or uncommitted in an account for five years or more after deposit of the fee, the City Council shall make findings once each year: (1) to identify the purpose to which the fee is to be put, (2) to demonstrate a reasonable relationship between the fee and the purpose for which it was charged, (3) to identify all sources and amounts of funding anticipated to complete financing of incomplete improvements, and (4) to designate the approximate dates on which the funding identified in (3) is expected to be deposited into the appropriate fund. 252 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 20 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx If adequate funding has been collected for a certain improvement, an approximate date must be specified as to when construction on the improvement will begin. If the findings show no need for the unspent funds, or if the conditions discussed above are not met, and the administrative costs of the refund do not exceed the refund itself, the local agency that has collected the funds must refund them. Internal Loaning of Funds Inter-fund loans may be used from time to time to facilitate the construction of TIF facilities. Any such loan shall be made in accordance with applicable law, as interpreted by the City Attorney of the City of Cupertino, and all funds shall be placed in separate accounts on either a facility or geographic basis. The additional following requirements are also placed on inter-fund loans:  Funds may be transferred between accounts to expedite the construction of critical projects/facilities.  A mechanism to repay accounts shall be established.  Inter-fund loan repayments shall take precedence over reimbursements to developers. Five-Year Update Fees will be collected from new development within the City immediately; however, use of these funds may need to wait until a sufficient fund balance can be accrued. Per Government Code Section 66006, the City is required to deposit, invest, account for, and expend the fees in a prescribed manner. The fifth fiscal year following the first deposit into the Fee account or fund, and every five years thereafter, the City is required to make all of the following findings with respect to that portion of the account or fund remaining unexpended:  Identify the purpose for which the fee is to be put;  Demonstrate a reasonable relationship between the fee and the purpose for which it is charged;  Identify all sources and amounts of funding anticipated to complete financing in incomplete improvements; and  Designate the approximate dates on that the funding referred to in the above paragraph is expected to be deposited in the appropriate account or fund. Once sufficient funds have been collected to complete the specified projects, the City must commence construction within 180 days. If they fail to do this, the City is required to refund the unexpended portion of the fee and any accrued interest to the then current owner. Securing Supplemental Funding The Impact Fee is not appropriate for funding the full amount of all capital costs identified in this Fee Study. The City will have to identify funding and pay for improvements related to existing and new developments and improvements not funded by the Fee Program or any other established funding source. Indeed, as part of the adoption of the fee, the City is likely to adopt a finding that it will obtain and allocate funding from various other sources for the fair share of 253 Cupertino Transportation Impact Fee Nexus Study Report 8/08/17 Economic & Planning Systems, Inc. 21 P:\161000s\161085CupertinoTIF\Report\NexusStudy80817.docx the costs of improvements identified in this Report that are not funded by the Fee Program. Examples of such sources include the following:  Assessments and Special Taxes. The City could fund a portion of capital facilities costs using assessments and special taxes. For example, the establishment of a Mello-Roos Community Facilities District would allow the City to levy a special tax to pay debt service on bonds sold to fund construction of capital facilities or to directly fund capital facilities.  Federal, State or reginal Funds. The City might seek and obtain grant of matching funds from Federal, State and/or regional sources to help offset the costs of required capital facilities and improvements. For example, the current TIF assumes Measure B revenue will be used to cover the costs of I-280/Wolfe Road Interchange even though a portion of these are attributable to new development. As part of its funding effort, the City should research and monitor these outside revenue sources and apply for funds as appropriate.  General Fund Revenues. In any given year, the City could allocate a portion of its General Fund revenues for discretionary expenditures. Depending on the revenues generated relative to costs and City priorities, the City may allocate General Fund revenues to fund capital facilities costs not covered by the Fee Program or other funding sources.  Other Grants and Contributions. A variety of grants or contributions from private donors could help fund a number of capital facilities. For example, private foundations and/or charity organizations may provide money for certain bicycle and pedestrian facilities. 254 APPENDIX A: Detailed TIF Project List and Costs Estimates 255 Memo To: Julie Chiu From: Joy Bhattacharya Associate Civil Engineer City of Cupertino Stantec Consulting Ltd. File: Technical Memorandum – Cost Estimate for Cupertino Traffic Impact Fee (TIF)/Nexus Study Date: July 18, 2017 Reference: Technical Memorandum – Cost Estimate for Cupertino Traffic Impact Fee (TIF)/Nexus Study The City of Cupertino adopted an amended General Plan known as "General Plan: Community Vision 2015 - 2040." on December 4, 2014. The City is also in the process of developing the TIF Program to fund the roadway infrastructure improvements that are necessary to mitigate impacts to accommodate future growth. To support the TIF program, the City needs to prepare a Nexus Study that will serve as the basis for requiring development impact fees under AB 1600 legislation. As part of the Cupertino TIF and Nexus Study, a TIF project list has been proposed. The projects included in the list cover the intersections / segments where significant impact(s) were identified in the General Plan: Community Vision 2015 – 2040 Draft Environmental Impact Report (December 2014). In addition, the projects identified in the City of Cupertino 2016 Bicycle Transportation Plan are also included in the list. The list of transportation projects identified in these existing planning documents was further refined as follows: • The TIF program excluded any projects that are outside the City of Cupertino • The TIF program excluded any projects where secured and dedicated funding source have already been established to cover the full cost (e.g. projects identified as mitigation in CEQA documents for Apple Campus 2, Marina Plaza and the Hamptons). Stantec conducted a cost estimate for each proposed TIF project. The cost includes all of the elements and activities necessary to complete the project (e.g. engineering, property acquisition, construction). Table 1 shows the proposed TIF projects along with the cost estimates. Appendix illustrates the cost estimate details for each proposed TIF project. As part of the Project No. 4 in Table 1, a significant impact was identified at the intersection of De Anza Boulevard and I-280 SB Ramps in the General Plan: Community Vision 2015 -2040 Draft Environmental Impact Report (DEIR) under the 2040 plus Project conditions. However, no mitigation measures were provided in the DEIR. By using the volumes provided in the DEIR, Stantec developed the mitigation measures for this intersection and included it as part of the overall cost estimates. 256 July 18, 2017 Julie Chiu Page 2 of 4 Reference: Technical Memorandum – Cost Estimate for Cupertino Traffic Impact Fee (TIF)/Nexus Study Table 1 – Cupertino TIF & Nexus Study Project List Project No. Intersection General Plan Mitigation Measures Construction Cost 1 SR 85 NB Ramps and Stevens Creek Boulevard 1 Add an exclusive northbound left-turn lane. $536,000 2 Stelling Road and Stevens Creek Boulevard 1 Add a second exclusive eastbound left-turn lane; right-turns would share the bike lane. $1,318,000 3 Sunnyvale‐Saratoga Road/De Anza Boulevard and Homestead Road 1 Widen De Anza Blvd to 4 lanes in each direction or install triple left-turn lanes. $3,210,000 4 De Anza Boulevard and I-280 Ramps 1 De Anza Boulevard and I-280 NB Ramps: Restripe De Anza Blvd in the SB direction to provide room for right-turn vehicles to be separated from through traffic; paint a bike box at the front of lane. De Anza Boulevard and I-280 SB Ramps: Add a second eastbound left-turn lane and two additional eastbound right-turn lanes on the I-280 SB off-ramp. $1,840,000 5 De Anza Boulevard and Stevens Creek Boulevard 1 Restripe westbound Stevens Creek to provide room for right turn vehicles to be separated from through traffic; paint a bike box at the front of the lane. $145,000 6 De Anza Boulevard and McClellan Road/Pacifica Drive 1 Realign (currently offset) such that McClellan Rd and Pacifica Dr legs are across from each other; double left-turn lanes may be required to be added to De Anza Blvd. $9,707,000 7 Wolfe Road and Homestead Road 1 Add a third southbound through lane and a southbound exclusive right-turn lane; add a third westbound though lane, an addition of a westbound exclusive right-turn lane, and an additional westbound exclusive right-turn lane; add an additional eastbound through lane, an additional eastbound receiving lane on Homestead, and a second eastbound exclusive left-turn lane. $7,131,000 8 Wolfe Road and I-280 NB Ramp & SB Ramp 2 Add a third northbound through lane and extended north of the interchange; may pursue a redesign of the interchange to go from a partial cloverleaf design to a diamond design. $76,300,000 257 July 18, 2017 Julie Chiu Page 3 of 4 Reference: Technical Memorandum – Cost Estimate for Cupertino Traffic Impact Fee (TIF)/Nexus Study Table 1 – Cupertino TIF & Nexus Study Project List Project No. Intersection General Plan Mitigation Measures Construction Cost 9 Wolfe Road‐ Miller/Avenue and Stevens Creek Boulevard 1 Restripe the westbound leg to provide room so that right turn vehicles could be separated from through vehicles; paint a bike box at the front of the lane. $153,000 10 North Tantau Avenue/Quail Avenue and Homestead Road 1 Restripe the southbound leg to provide a separate left turn lane; require the removal of on-street parking near the intersection. $145,000 11 Tantau Avenue and Stevens Creek Boulevard 1 Add a separate left-turn lane to northbound Tantau Ave. $145,000 12 Monta Vista Sidewalk (Orange and Byrne) 4 $4,000,000 13 Monta Vista Sidewalk (McClellan) 4 $2,040,000 14 Bicycle Projects Tier 1 3 $38,611,000 15 Bicycle Projects Tier 2 3 $15,399,500 16 Bicycle Projects Tier 3 3 $33,168,500 Total $193,849,000 Notes: 1. Based on Stantec’s ballpark opinion of cost estimate using the industry standards. 2. Based on cost estimates included in the I-280 and Wolfe Road Alternative Analysis Study Report, October 4, 2016. 3. Based on cost estimates included in the City of Cupertino 2016 Bicycle Transportation Plan, Appendix F and revised by City of Cupertino. 4. Based on cost estimates provided by the City of Cupertino. Source: Stantec, 2017 258 Memo Appendix – Cost Estimates 259 ENGINEER'S ESTIMATE: Project Name: SR 85 NB Ramps and Stevens Creek Boulevard Left-Turn Lane Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 45,000.00$ $45,000 2 Traffic control LS 1 45,000.00$ $45,000 3 Demolition, clearing & grubbing LS 1 20,000.00$ $20,000 4 Remove existing AC SF 1,000 $5.00 $5,000 5 Install new curb ramps EA 1 $4,100.00 $4,100 6 New PCC curb & gutter LF 50 $37.00 $1,850 7 New AC SF 7,000 $10.00 $70,000 8 New PCC S/W SF 200 $11.00 $2,200 9 Roadway Excavation LS 1 20,000.00$ $20,000 10 Striping & Signing LS 1 15,000.00$ $15,000 11 Traffic signal modifications LS 1 35,000.00$ $35,000 12 Irrigation & Landscaping Modifications LS 1 10,000.00$ $10,000 13 Imported Borrow CY 1,560 50.00$ $78,000 SUBTOTAL:$351,150 Subtotal-- Bid Items $351,150 Construction Contingency (assume 15%)15%$52,672.50 Testing, Staking 5%$17,557.50 Construction Management 13%$45,649.50 Subtotal: Construction $115,879.50 Design 12%$42,138.00 Engineering Studies 3%$10,534.50 Environmental 3%$10,534.50 Construction Engineering 1.5%$5,267.25 $68,474.25 TOTAL PROJECT $535,504 Proposed CIP Budget Amount $536,000 Total Design & Admin $184,353.75 Assumptions: Future demand for Left-turn lane is 500' long by 12' wide New curb return, sidewalk, and curb ramp to be installed Relocate existing 1-B pole with ped signal and ped push button Imported borrow of 6 feet in depth over proposed left-turn lane 260 ENGINEER'S ESTIMATE: Project Name: Stelling Road and Stevens Creek Boulevard Left-Turn Lane Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 50,000.00$ $50,000 2 Traffic control LS 1 45,000.00$ $45,000 3 Demolition, clearing & grubbing LS 1 20,000.00$ $20,000 4 Remove existing AC SF 400 5.00$ $2,000 5 Relocate luminaire/utility pole EA 3 10,000.00$ $30,000 6 PG&E Coordination LS 1 5,000.00$ $5,000 7 New PCC median SF 3,000 11.00$ $33,000 8 New AC SF 4,800 10.00$ $48,000 9 Relocate overhead utilities LS 1 50,000.00$ $50,000 10 Roadway Excavation LS 1 20,000.00$ $20,000 11 Striping & Signing LS 1 15,000.00$ $15,000 12 Traffic signal modifications LS 1 150,000.00$ $150,000 13 Irrigation & Landscaping Modifications LS 1 20,000.00$ $20,000 14 Right-of-Way Take LS 1 500,000.00$ $500,000 Total Construction Cost $488,000 SUBTOTAL:$988,000 Subtotal-- Bid Items $988,000 Construction Contingency (assume 15%)15%$73,200.00 Testing, Staking 5%$24,400.00 Construction Management 13%$63,440.00 Subtotal: Construction $161,040.00 Design 12%$58,560.00 Engineering Studies 3%$14,640.00 Environmental 3%$14,640.00 Construction Engineering 1.5%$7,320.00 PG&E Design 15.0%$73,200.00 $168,360.00 TOTAL PROJECT $1,317,400 Proposed CIP Budget Amount $1,318,000 Total Design & Admin $329,400.00 Assumptions: Future demand for Left-turn lane is 400' long by 12' wide Modify median Relocate luminaires/utility poles and overhead utility lines Traffic signal modification 261 ENGINEER'S ESTIMATE: Project Name: Sunnyvale‐Saratoga Road/De Anza Boulevard and Homestead Road Add 2 Lanes Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 45,000.00$ $45,000 2 Traffic control LS 1 45,000.00$ $45,000 3 Demolition, clearing & grubbing LS 1 45,000.00$ $45,000 4 Remove existing AC SF 1,000 5.00$ $5,000 5 Install new curb ramps EA 4 4,100.00$ $16,400 6 New PCC curb & gutter LF 2,000 37.00$ $74,000 7 New AC SF 24,000 10.00$ $240,000 8 New PCC S/W SF 10,000 11.00$ $110,000 9 Storm Drain Improvements LS 1 40,000.00$ $40,000 10 Roadway Excavation LS 1 30,000.00$ $30,000 11 Striping & Signing LS 1 15,000.00$ $15,000 12 Traffic signal modifications LS 1 $380,270.00 $380,270 13 Irrigation & Landscaping Modifications LS 1 35,000.00$ $35,000 14 Relocate luminaire EA 6 5,000.00$ $30,000 15 Relocate utilities LS 1 10,000.00$ $10,000 16 Right-of-way take SF 6,000 250.00$ $1,500,000 SUBTOTAL (CONSTRUCTION):$1,120,670 SUBTOTAL (WITH ROW):$2,620,670 Subtotal-- Bid Items $2,620,670 Construction Contingency (assume 15%)15%$168,100.50 Testing, Staking 5%$56,033.50 Construction Management 13%$145,687.10 Subtotal: Construction $369,821.10 Design 12%$134,480.40 Engineering Studies 3%$33,620.10 Environmental 3%$33,620.10 Construction Engineering 1.5%$16,810.05 $218,530.65 TOTAL PROJECT $3,209,022 Proposed CIP Budget Amount $3,210,000 Total Design & Admin $588,351.75 Assumptions: NB lane is 400' long; SB lane is 600' long New curb & gutter, sidewalk, and curb ramp to be installed Traffic signal modification Right-of-way take 262 ENGINEER'S ESTIMATE: Project Name: De Anza Boulevard and I-280 NB Ramp Right- Turn Lane Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 30,000.00$ $30,000 2 Traffic control LS 1 30,000.00$ $30,000 3 Demolition, clearing & grubbing LS 1 15,000.00$ $15,000 4 Remove existing AC SF 500 5.00$ $2,500 5 New AC SF 6,000 10.00$ $60,000 6 New PCC curb & gutter LF 500 37.00$ $18,500 7 Roadway Excavation LS 1 10,000.00$ $10,000 8 Striping & Signing LS 1 15,000.00$ $15,000 9 Irrigation & Landscaping Modifications LS 1 10,000.00$ $10,000 10 Signal Modifications LS 1 50,000.00$ $50,000 SUBTOTAL:$241,000 Subtotal-- Bid Items $241,000 Construction Contingency (assume 15%)15%$36,150.00 Testing, Staking 5%$12,050.00 Construction Management 13%$31,330.00 Subtotal: Construction $79,530.00 Design 12%$28,920.00 Engineering Studies 3%$7,230.00 Environmental 3%$7,230.00 Construction Engineering 1.5%$3,615.00 $46,995.00 TOTAL PROJECT $367,525 Proposed CIP Budget Amount $368,000 Total Design & Admin $126,525.00 Assumptions: Right-turn lane is 950' long Modify 500' of median to fit proposed striping No ulititly conflicts Traffic signal equipment upgrade 263 ENGINEER'S ESTIMATE: Project Name: De Anza Boulevard and I-280 SB Ramp 1 EB Left- Turn Lane, 2 EB Right-Turn Lane Prepared by: A. Ha Date: November 2, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 45,000.00$ $45,000 2 Traffic control LS 1 45,000.00$ $45,000 3 Demolition, clearing & grubbing LS 1 20,000.00$ $20,000 4 Remove existing AC SF 1,000 $5.00 $5,000 5 Install new curb ramps EA 3 $4,100.00 $12,300 6 New PCC curb & gutter LF 100 $37.00 $3,700 7 New AC SF 24,200 $10.00 $242,000 8 New PCC S/W SF 200 $11.00 $2,200 9 Roadway Excavation LS 1 50,000.00$ $50,000 10 Striping & Signing LS 1 20,000.00$ $20,000 11 Traffic signal modifications LS 1 200,000.00$ $200,000 12 Irrigation & Landscaping Modifications LS 1 50,000.00$ $50,000 13 Imported Borrow CY 5,400 50.00$ $270,000 SUBTOTAL:$965,200 Subtotal-- Bid Items $965,200 Construction Contingency (assume 15%)15%$144,780.00 Testing, Staking 5%$48,260.00 Construction Management 13%$125,476.00 Subtotal: Construction $318,516.00 Design 12%$115,824.00 Engineering Studies 3%$28,956.00 Environmental 3%$28,956.00 Construction Engineering 1.5%$14,478.00 $188,214.00 TOTAL PROJECT $1,471,930 Proposed CIP Budget Amount $1,472,000 Total Design & Admin $506,730.00 Assumptions: 1 EB Left-turn & 2 EB Right-turn lanes are 550' Modify in Caltrans Right of Way No ulititly conflicts Traffic signal equipment upgrade Note: Used Hot Mix AC SF unit price from 2013 Caltrans Cost Data pp. 155 Item Code #394090. Note: Estimated Imported Borrow unit price from 2013 Caltrans Cost Data pp. 93-94 Item Code #198010. 264 ENGINEER'S ESTIMATE: Project Name: De Anza Boulevard and Stevens Creek Boulevard Right-Turn Lane Prepared by: A. Ha Date: September 30, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 15,000.00$ $15,000 2 Traffic control LS 1 15,000.00$ $15,000 3 Striping & Signing LS 1 15,000.00$ $15,000 4 Traffic signal modification LS 1 $50,000.00 $50,000 SUBTOTAL:$95,000 Subtotal-- Bid Items $95,000 Construction Contingency (assume 15%)15%$14,250.00 Testing, Staking 5%$4,750.00 Construction Management 13%$12,350.00 Subtotal: Construction $31,350.00 Design 12%$11,400.00 Engineering Studies 3%$2,850.00 Environmental 3%$2,850.00 Construction Engineering 1.5%$1,425.00 $18,525.00 TOTAL PROJECT $144,875 Proposed CIP Budget Amount $145,000 Total Design & Admin $49,875.00 Assumptions: Right-turn lane is 350' long Striping includes Green Lanes and Bike Box Signal Modification include equipment upgrades 265 ENGINEER'S ESTIMATE: Project Name: De Anza Boulevard and McClellan Road/Pacifica Drive Re-alignment Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 80,000.00$ $80,000 2 Traffic control LS 1 75,000.00$ $75,000 3 Demolition, clearing & grubbing LS 1 200,000.00$ $200,000 4 Remove existing AC SF 12,500 $5.00 $62,500 5 Install new curb ramps EA 4 $4,100.00 $16,400 6 New PCC curb & gutter LF 700 $37.00 $25,900 7 New AC SF 9,400 $10.00 $94,000 8 New PCC S/W SF 12,900 $11.00 $141,900 9 Roadway Excavation LS 1 200,000.00$ $200,000 10 Striping & Signing LS 1 20,000.00$ $20,000 11 Traffic signal modifications LS 1 250,000.00$ $250,000 12 Irrigation & Landscaping Modifications LS 1 50,000.00$ $50,000 13 Relocate luminaire EA 2 5,000.00$ $10,000 14 Relocate utilities LS 1 150,000.00$ $150,000 15 Backfill CY 6,700 40.00$ $268,000 16 Right-of-way take SF 18,000 400.00$ $7,200,000 SUBTOTAL (CONSTRUCTION):$1,643,700 SUBTOTAL(WITH ROW):$8,843,700 Subtotal-- Bid Items $8,843,700 Construction Contingency (assume 15%)15%$246,555.00 Testing, Staking 5%$82,185.00 Construction Management 13%$213,681.00 Subtotal: Construction $542,421.00 Design 12%$197,244.00 Engineering Studies 3%$49,311.00 Environmental 3%$49,311.00 Construction Engineering 1.5%$24,655.50 $320,521.50 TOTAL PROJECT $9,706,643 Proposed CIP Budget Amount $9,707,000 Total Design & Admin $862,942.50 Assumptions: Re-alignment of Pacifica Dr; 300' adjusted New curb & gutter, sidewalk, and curb ramp to be installed Traffic signal modification Right-of-way take Gas Station and parking lot; Unit cost based on adjacent price/sq ft lot area 266 ENGINEER'S ESTIMATE: Project Name: Wolfe Road and Homestead Road Add 5 Lanes Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 75,000.00$ $75,000 2 Traffic control LS 1 75,000.00$ $75,000 3 Demolition, clearing & grubbing LS 1 60,000.00$ $60,000 4 Remove existing AC SF 1,100 $5.00 $5,500 5 Install new curb ramps EA 8 $4,100.00 $32,800 6 New PCC curb & gutter LF 1,800 $37.00 $66,600 7 New AC SF 30,600 $10.00 $306,000 8 New PCC S/W SF 9,000 $11.00 $99,000 9 Roadway Excavation LS 1 50,000.00$ $50,000 10 Striping & Signing LS 1 15,000.00$ $15,000 11 Traffic signal modifications LS 1 300,000.00$ $300,000 12 Irrigation & Landscaping Modifications LS 1 30,000.00$ $30,000 13 Relocate luminaire EA 7 5,000.00$ $35,000 14 Relocate utilities LS 1 100,000.00$ $100,000 15 Right-of-way take SF 15,900 250.00$ $3,975,000 SUBTOTAL (CONSTRUCTION): $1,249,900 SUBTOTAL (WITH ROW):$5,224,900 Subtotal-- Bid Items $6,474,800 Construction Contingency (assume 15%)15%$187,485.00 Testing, Staking 5%$62,495.00 Construction Management 13%$162,487.00 Subtotal: Construction $412,467.00 Design 12%$149,988.00 Engineering Studies 3%$37,497.00 Environmental 3%$37,497.00 Construction Engineering 1.5%$18,748.50 $243,730.50 TOTAL PROJECT $7,130,998 Proposed CIP Budget Amount $7,131,000 Total Design & Admin $656,197.50 Assumptions: SB Right-Lane 300'; WB Thru-Lane 350'; WB Right-Lane 200'; EB Thru-Lane 300'; EB Left-Lane 400' New curb & gutter, sidewalk, and curb ramp to be installed Traffic signal modification Right-of-way take 267 ENGINEER'S ESTIMATE: Project Name: Wolfe Road and I-280 NB Ramp Diamond Interchange Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Diamond Interchange LS 1 38,150,000.00$ $38,150,000 SUBTOTAL:$38,150,000 Subtotal-- Bid Items $38,150,000 Construction Contingency (assume 15%)15% Testing, Staking 5% Construction Management 13% Subtotal: Construction Design 12% Engineering Studies 3% Environmental 3% Construction Engineering 1.5% TOTAL PROJECT $38,150,000 Proposed CIP Budget Amount $38,150,000 Total Design & Admin $0.00 Assumptions: Estimate for Partial Cloverleaf = $76.3 Million (from I-280 Wolfe Alter Analysis Report 10/4/16) 268 ENGINEER'S ESTIMATE: Project Name: Wolfe Road and I-280 SB Ramp Diamond Interchange Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Diamond Interchange LS 1 38,150,000.00$ $38,150,000 SUBTOTAL:$38,150,000 Subtotal-- Bid Items $38,150,000 Construction Contingency (assume 15%)15% Testing, Staking 5% Construction Management 13% Subtotal: Construction Design 12% Engineering Studies 3% Environmental 3% Construction Engineering 1.5% TOTAL PROJECT $38,150,000 Proposed CIP Budget Amount $38,150,000 Total Design & Admin $0.00 Assumptions: Estimate for Partial Cloverleaf = $76.3 Million (from I-280 Wolfe Alter Analysis Report 10/4/16) 269 ENGINEER'S ESTIMATE: Project Name: Wolfe Road‐Miller/Avenue and Stevens Creek Boulevard Right-Turn Lane Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 15,000.00$ $15,000 2 Traffic control LS 1 15,000.00$ $15,000 3 Striping & Signing LS 1 20,000.00$ $20,000 4 Traffic signal modification LS 1 $50,000.00 $50,000 SUBTOTAL:$100,000 Subtotal-- Bid Items $100,000 Construction Contingency (assume 15%)15%$15,000.00 Testing, Staking 5%$5,000.00 Construction Management 13%$13,000.00 Subtotal: Construction $33,000.00 Design 12%$12,000.00 Engineering Studies 3%$3,000.00 Environmental 3%$3,000.00 Construction Engineering 1.5%$1,500.00 $19,500.00 TOTAL PROJECT $152,500 Proposed CIP Budget Amount $153,000 Total Design & Admin $52,500.00 Assumptions: Right-turn lane is 450' long Striping includes Green Lanes and Bike Box Signal Modification include equipment upgrades 270 ENGINEER'S ESTIMATE: Project Name: North Tantau Avenue/Quail Avenue and Homestead Road Left-Turn Lane Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 15,000.00$ $15,000 2 Traffic control LS 1 15,000.00$ $15,000 3 Striping & Signing LS 1 15,000.00$ $15,000 4 Signal Modifications LS 1 50,000.00$ $50,000 SUBTOTAL:$45,000 Subtotal-- Bid Items $95,000 Construction Contingency (assume 15%)15%$14,250.00 Testing, Staking 5%$4,750.00 Construction Management 13%$12,350.00 Subtotal: Construction $31,350.00 Design 12%$11,400.00 Engineering Studies 3%$2,850.00 Environmental 3%$2,850.00 Construction Engineering 1.5%$1,425.00 $18,525.00 TOTAL PROJECT $144,875 Proposed CIP Budget Amount $145,000 Total Design & Admin $49,875.00 Assumptions: Left Turn lane can be added in existing pavement width Signal Modifications for southbound movement 271 ENGINEER'S ESTIMATE: Project Name: Tantau Avenue and Stevens Creek Boulevard Left-Turn Lane Prepared by: A. Ha Date: October 20, 2016 Item Work Description Unit Qty.Unit Price Total Price 1 Mobilization LS 1 15,000.00$ $15,000 2 Traffic control LS 1 15,000.00$ $15,000 3 Striping & Signing LS 1 15,000.00$ $15,000 4 Signal Modifications LS 1 50,000.00$ $50,000 SUBTOTAL:$95,000 Subtotal-- Bid Items $95,000 Construction Contingency (assume 15%)15%$14,250.00 Testing, Staking 5%$4,750.00 Construction Management 13%$12,350.00 Subtotal: Construction $31,350.00 Design 12%$11,400.00 Engineering Studies 3%$2,850.00 Environmental 3%$2,850.00 Construction Engineering 1.5%$1,425.00 $18,525.00 TOTAL PROJECT $144,875 Proposed CIP Budget Amount $145,000 Total Design & Admin $49,875.00 Assumptions: Left Turn Lane can be placed in existing width. Signal modifications to add left turn lane signal head. 272 Cuptertino Traffic Impact Fee & Nexus Study Project List - Bicycle Projects Project No. Project Location Start End Notes Miles Total Score Rounded Cost Source Tier 1 1 Class IV Protected Bikeway Stevens Creek Blvd Foothill Blvd Tantau Ave --3.43 91 $7,200,000 Cupertino Bicycle Transportation Plan & City of Cupertino 2 Class IV Protected Bikeway McClellan Rd Byrne Ave De Anza Blvd --1.43 80 $5,000,000 Cupertino Bicycle Transportation Plan & City of Cupertino 3 Grade Separated Crossing Study Highway 85 Crossing Grand Ave Mary Ave --0 71 $20,000,000 Cupertino Bicycle Transportation Plan & City of Cupertino 4 Class I Path Union Pacific Trail Prospect Rd SBtlvedvens Creek --2.1 71 $1,678,000 Cupertino Bicycle Transportation Plan 5 Class IV Separated Bikeway Finch Ave Phil Ln Stevens Creek Blvd --0.45 69 $1,090,000 Cupertino Bicycle Transportation Plan & City of Cupertino 6 Class I Path I-280 Channel Bike Path Mary Ave/Meteor Dr Tantau Ave/Vallco Pkwy --2.87 61 $2,293,000 Cupertino Bicycle Transportation Plan & City of Cupertino 7 Bike Boulevard Implementatio n Phase 1 $1,350,000 City of Cupertino Tier 2 8 Class II Buffered Bike Lane De Anza Blvd Homestead Rd Bollinger Rd --1.73 65 $242,000 Cupertino Bicycle Transportation Plan 9 Class IV Separated Bikeway Stelling Rd Prospect Rd 250 South of McClellan Rd --1.45 65 $580,000 Cupertino Bicycle Transportation Plan & City of Cupertino 10 Class IV Separated Bikeway Stelling Rd 250 South of McClellan Rd Alves Dr --0.71 64 $1,714,000 Cupertino Bicycle Transportation Plan & City of Cupertino 11 Class IV Separated Bikeway Blaney Ave Bollinger Rd Homestead Rd --1.91 64 $766,000 Cupertino Bicycle Transportation Plan & City of Cupertino 12 Class IV Separated Bikeway Stevens CreekBlvd Foothill Blvd St Joseph Ave --0.62 63 $248,000 Cupertino Bicycle Transportation Plan & City of Cupertino 13 Class IV Separated Bikeway Stelling Rd Alves Dr Homestead Rd --0.84 63 $248,000 Cupertino Bicycle Transportation Plan & City of Cupertino 14 Class I Path Amelia Ct/Varian Way Connector Amelia Ct Varian Way --0.05 63 $100,000 Cupertino Bicycle Transportation Plan 15 Grade Separated Crossing Study Carmen Rd Stevens Creek Blvd - South Side Stevens Creek Blvd - North Side --0 62 $10,000,000 Cupertino Bicycle Transportation Plan & City of Cupertino 16 Class II Bike Lane Vista Dr Forest Ave SBtlvedvens Creek --0.24 60 $15,000 Cupertino Bicycle Transportation Plan 17 Class II Buffered Bike Lane Bollinger Rd De Anza Blvd Lawrence Expy --2 56 $278,000 Cupertino Bicycle Transportation Plan 18 Class II Buffered Bike Lane Mary Ave Stevens Creek Blvd Meteor Dr --0.71 55 $100,000 Cupertino Bicycle Transportation Plan 19 Class II Buffered Bike Lane Miller Ave Bollinger Rd Calle de Barcelona --0.48 54 $67,000 Cupertino Bicycle Transportation Plan 20 Configure Intersection Infinite Loop Merritt Dr -- Improve signage/striping to delineate bike/ped space in connector 0 54 $2,000 Cupertino Bicycle Transportation Plan 21 Class II Buffered Bike Lane Homestead Rd Mary Ave Wolfe Rd --1.97 52 $276,000 Cupertino Bicycle Transportation Plan 22 Class II Buffered Bike Lane Prospect Rd De Anza Blvd Stelling Rd --0.42 49 $59,000 Cupertino Bicycle Transportation Plan 23 Configure Intersection McClellan Rd Rose Blossom Dr -- Facilitate through bike travel to De Anza 0 49 $20,000 Cupertino Bicycle Transportation Plan 24 Trail Crossing Homestead Rd Mary Ave -- Redesign intersection of Homestead at Mary to better facilitate bicycles exiting Mary Ave bridge path 0 49 $10,000 Cupertino Bicycle Transportation Plan 25 Class III Bike Route Hyde Ave Bike Route (#6) Hyde Ave at Shadygrove Dr Hyde Ave at Bollinger Rd --0.24 49 $500 Cupertino Bicycle Transportation Plan 273 Cuptertino Traffic Impact Fee & Nexus Study Project List - Bicycle Projects Project No. Project Location Start End Notes Miles Total Score Rounded Cost Source 26 Class I Path Regnart Creek Path Pacifica Dr Estates Dr --0.83 48 $664,000 Cupertino Bicycle Transportation Plan 27 Reconfigure wall/fence Wheaton Dr Perimeter Rd -- Connect bike blvd to proposed bike path on Perimeter road, requires creating gap in existing wall 0 47 $10,000 Cupertino Bicycle Transportation Plan Tier 3 28 Class II Bike Lane Rainbow Dr Bubb Rd Stelling Rd --0.5 46 $33,000 Cupertino Bicycle Transportation Plan 29 Class I Path Perimeter Rd Stevens Creek Blvd I-280 Channel Bike Path --0.59 44 $470,000 Cupertino Bicycle Transportation Plan 30 Class III Bike Route mary Ave to Vallco Mall Bike Route (#7) Memorial Park End of Wheaton Dr --1.77 44 $4,000 Cupertino Bicycle Transportation Plan 31 Class III Bike Route Tantau Ave Bike Route (#9) Tantau Ave at Bollinger Rd Tantau Ave at Barnhart Ave --0.41 44 $500 Cupertino Bicycle Transportation Plan 32 Class III Bike Route Rose Blossom/Hun tridge BikeRoute (#8) Rose Blossom Dr at McClellan Rd Huntridge Ln at De Anza Blvd --0.41 43 $1,000 Cupertino Bicycle Transportation Plan 33 Class I Path Wilson Park Rodrigues Ave Wilson Park Path --0.03 42 $50,000 Cupertino Bicycle Transportation Plan 34 Class III Bike Boulevard Stevens Creek Bike Blvd (#6) San FernandoAv e at OrangeAve Carmen Rd atStevens CreekBlvd --1.12 42 $47,000 Cupertino Bicycle Transportation Plan 35 Configure Intersection Blaney Ave Wheaton Dr -- Enhance bicycle crossing across Wheaton 0 41 $50,000 Cupertino Bicycle Transportation Plan 36 Class II BufferedBike Lane Foothill Blvd Stevens CreekBlvd McClellan Rd --0.55 41 $77,000 Cupertino Bicycle Transportation Plan 37 Configure Intersection Stelling Rd Rainbow Dr -- Study removal of slip lanes, study potential for protected intersection 0 40 $150,000 Cupertino Bicycle Transportation Plan & City of Cupertino 38 Class II Buffered Bike Lane Homestead Rd Wolfe Rd Tantau Ave --0.49 40 $69,000 Cupertino Bicycle Transportation Plan 39 Class II Buffered Bike Lane Wolfe Rd Stevens Creek Blvd I-280 Channel Bike Path --0.4 39 $56,000 Cupertino Bicycle Transportation Plan 40 Class I Path Jollyman Park Stelling Rd Dumas Dr --0.15 39 $119,000 Cupertino Bicycle Transportation Plan 41 Reconfigure wall/fence Imperial Ave Alcazar Ave -- Create gap in fence to connect bike routes 0 39 $20,000 Cupertino Bicycle Transportation Plan 42 Class II Buffered Bike Lane Foothill Blvd Stevens Creek Blvd I-280 N Offramp --0.96 39 $135,000 Cupertino Bicycle Transportation Plan 43 Class III Bike Boulevard Foothill toStevens Creek Bike Blvd (#3) Foothill Blvd at Starling Dr Carmen Rd at Stevens Creek Blvd --0.99 38 $50,000 Cupertino Bicycle Transportation Plan 44 Class II Buffered Bike Lane Lazaneo Dr Bandley Dr De Anza Blvd --0.09 38 $13,000 Cupertino Bicycle Transportation Plan 45 Class II Buffered Bike Lane Wolfe Rd Perimeter Rd Homestead Rd --0.62 38 $86,000 Cupertino Bicycle Transportation Plan 46 Class II Buffered Bike Lane Bubb Rd McClellan Rd Stevens Creek Blvd --0.53 37 $74,000 Cupertino Bicycle Transportation Plan 47 Grade Separated Crossing Study UPRR West Cupertino Crossing Hammond Snyder Loop Trail Stevens Creek Blvd --0 37 $15,000,000 Cupertino Bicycle Transportation Plan & City of Cupertino 48 Bike/Ped Bridge Enhancement Mary Ave Ped Bridge I280 -- Improved signage/stripingto delineate bike/ped space on Mary Ave bridge 0 37 $20,000 Cupertino Bicycle Transportation Plan 49 Class I Path Developmen t Bike Path SBtlvedvens Creek Mary Ave --0.13 35 $102,000 Cupertino Bicycle Transportation Plan 50 Class II Buffered Bike Lane Miller Ave Calle de Barcelona Stevens Creek Blvd --0.39 35 $54,000 Cupertino Bicycle Transportation Plan 51 Class II Buffered Bike Lane Tantau Ave Stevens CreekBlvd Pruneridge Ave --0.65 35 $91,000 Cupertino Bicycle Transportation Plan 274 Cuptertino Traffic Impact Fee & Nexus Study Project List - Bicycle Projects Project No. Project Location Start End Notes Miles Total Score Rounded Cost Source 52 Trail Crossing McClellan Rd Union Pacific Railroad Path -- Coordinate crossing with signal.0 34 $10,000 Cupertino Bicycle Transportation Plan 53 Class II Bike Lane Pacifica Dr De Anza Blvd Torre Ave --0.17 33 $11,000 Cupertino Bicycle Transportation Plan 54 Freeway interchange enhancement Wolfe Rd I-280 Overpass -- Add green paint tointerchange approaches, stripe bike lane through interchange intersection 0 30 $15,000,000 Cupertino Bicycle Transportation Plan & City of Cupertino 55 Class I Path Aquino Creek Trail Sterling/Bar nhart Park Calvert Dr --0.37 30 $294,000 Cupertino Bicycle Transportation Plan 56 Class I Path Aquino Creek Trail South of I280 Stevens Creek Blvd --0.17 30 $138,000 Cupertino Bicycle Transportation Plan 57 Class II Buffered Bike Lane Vallco Pkwy Tantau Ave Perimeter Rd --0.3 30 $42,000 Cupertino Bicycle Transportation Plan 58 Class II Bike Lane Dr/Stevens Creek Blvd Connector Campus Dr Stevens Creek Blvd --0.11 30 $7,000 Cupertino Bicycle Transportation Plan 59 Class III Bike Route Stevens CreekBlvd Bike Route (#5) Grand Ave atAlhambra Ave Peninsula Ave atStevens Creek Blvd --0.19 30 $1,000 Cupertino Bicycle Transportation Plan 60 Class II Buffered Bike Lane Rainbow Dr De Anza Blvd Stelling Rd --0.57 28 $79,000 Cupertino Bicycle Transportation Plan 61 Class III Bike Route Civic Center to Creekside Park Bike Route (#2) Torre Ave at Rodrigues Ave Estates Dr at Creekside Park Path --1.24 28 $3,000 Cupertino Bicycle Transportation Plan 62 Class III Bike Route Garden Gate EMleemmoe rnitaal rPy atrok Bike Route (#4) GArnene nAlrebaof r DDrr at Memorial Park --0.42 26 $1,500 Cupertino Bicycle Transportation Plan 63 Freeway interchange enhancement De Anza Blvd Hwy 85 Overpass -- Add green paint tointerchange approaches, stripe bike lane through interchange intersection 0 26 $40,000 Cupertino Bicycle Transportation Plan 64 Trail Crossing Bubb Rd Union Pacific Railroad Path -- Coordinate crossing with signal.0 25 $10,000 Cupertino Bicycle Transportation Plan 65 Freeway interchange enhancement Stevens Creek Blvd Hwy 85 Overpass -- Add green paint to interchange approaches, stripe bike lane through interchange intersection 0 25 $40,000 Cupertino Bicycle Transportation Plan 66 BCilkase s LIIa nBeuffered Tantau Ave Pruneridge Ave Homestead Rd --0.37 25 $52,000 Cupertino Bicycle Transportation Plan 67 Freeway interchange enhancement De Anza Blvd I-280 Overpass -- Add green paint tointerchange approaches, stripe bike lane through interchange intersection 0 24 $40,000 Cupertino Bicycle Transportation Plan 68 Class II Buffered Bike Lane Stevens Canyon Rd McClellan Rd Rancho Deep Cliff Dr --0.23 24 $33,000 Cupertino Bicycle Transportation Plan 69 Class II Buffered Bike Lane Bollinger Rd 200 feet East of Westlynn Way De Foe Dr --0.18 24 $26,000 Cupertino Bicycle Transportation Plan 70 Class I Path Linda Vista Park/Deep Cliff Golf Course Linda Vista Park Parking Lot off Linda Vista Dr McClellan Rd --0.46 24 $366,000 Cupertino Bicycle Transportation Plan 71 Class II Buffered Bike Lane Pruneridge Ave Tantau Ave City Limits - East --0.07 22 $9,000 Cupertino Bicycle Transportation Plan 72 Configure Intersection Portal Ave Wheaton Dr -- 2015 Bike Plan Update, study roundabout conversion 0 20 $150,000 Cupertino Bicycle Transportation Plan 275 Cuptertino Traffic Impact Fee & Nexus Study Project List - Bicycle Projects Project No. Project Location Start End Notes Miles Total Score Rounded Cost Source 73 Class II Bike Lane Cristo Rey Dr 150 feet East of Cristo Rey Pl Roundabout --0.57 19 $37,000 Cupertino Bicycle Transportation Plan 74 Class III Bike Route Westlynn/Fall enleaf Bike Route (#11) Bollinger Rd at Westlynn Way Fallenleaf Ln at De Anza Blvd --0.37 18 $1,000 Cupertino Bicycle Transportation Plan 75 Class III Bike Route Foothill Blvd Bike Route (#3) Palm Ave at Scenic Blvd Lockwood Dr at Stevens Creek --0.81 16 $1,500 Cupertino Bicycle Transportation Plan 76 Class III Bike Route Union Pacific to Hwy 85 Bike Route (#10) September Dr at McClellan Rd Jamestown Dr at Prospect Rd --1.48 13 $5,000 Cupertino Bicycle Transportation Plan 276 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:117-2773 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:7/5/2017 City Council On agenda:Final action:8/15/2017 Title:Subject: Report on School Walk Audits Sponsors: Indexes: Code sections: Attachments:Staff Report A – Walk Audit Reports Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Report on School Walk Audits Receive Staff Report on School Walk Audits CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™277 PUBLIC WORKS DEPARTMENT CITY HALL 10 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3354 www.cupertino.org CITY COUNCIL STAFF REPORT Meeting: August 15, 2017 Subject Report on School Walk Audits Recommended Action Receive Staff Report on School Walk Audits Discussion In October, 2016, Cupertino’s Safe Routes 2 School (SR2S) Program received funding from Santa Clara Public Health Department in the form of a Partnerships to Improve Community Health (PICH) Grant for the 2016/17 Fiscal Year. The PICH grant offers funds to cities in the South Bay Region to help with projects focused on improving community health and wellness. Our SR2S program applied for and received $15,000 specifically intended to help cover the cost of performing walk audits at every Cupertino public school in the 2016/17 school year. Cupertino SR2S met this goal, in partnership with the schools and Alta Planning + Design, and was able to pay for four of these audits in full using PICH grant funds. Safe Routes 2 School applied this grant funding towards walk audits because walk audits are among the most powerful tools in Safe Routes to School toolbox. A walk audit is a professional study done at a school during pick-up or drop-off time that observes traffic patterns and the behaviors of drivers, bicyclists and pedestrians using community volunteers and engineering staff and then makes recommendations to improve traffic flow and enhance safety around the school. These recommendations may include minor improvements such as the painting of red curb, larger capital improvements such as installation of curb ramps, changes to the pattern of student drop-off or pick-up operations, improvements on school property, programmatic recommendations such as education or enforcement, and more. Cupertino has audited and received reports for all 14 public schools and plans to use the recommendations contained within the reports to help guide maintenance, capital improvements, and programmatic programs over the next several years. City staff will also continue our partnership with school district staff and draw upon this relationship to encourage the Districts to implement the recommendations that are outside of the City’s jurisdiction 278 Economic & Planning Systems, Inc. 2 \\10.176.2.252\granicus_nas\insite\files\CUPE\Attachments\ae33af4c-0a7c-4d42-bf2b-c72ce242abce.doc Sustainability Impact Implementing the recommendations contained in the walk audit reports will result in an increase in walking and bicycling to school, and reduce vehicle congestion and emissions, thereby contributing positively towards sustainability. Fiscal Impact Minor improvements contained within the walk audit reports can be absorbed within the existing Operation and Maintenance operating budget. Larger capital improvements will need to be funded through the City’s Capital Improvement Program, either as stand-alone projects or included within larger existing programs such as the annual concrete ramp program, or with grant funding. Programmatic recommendations such as education will be incorporated into the City’s SR2S program. Improvements within school property will be the responsibility of the school districts and there will be no fiscal impact to the City. _____________________________________ Prepared by: David Stillman, Transportation Manager Reviewed by: Timm Borden, Director of Public Works Approved for Submission by: David Brandt, City Manager Attachments: A – Walk Audit Reports 279 City of Cupertino Safe Routes to School Walk Audits 280 City of Cupertino – Safe Routes to School Audits The City of Cupertino hired Alta Planning + Design to conduct 14 walk audits between May 2016 and June 2017. This report presents each memo of infrastructure and programmatic recommendations and accompanying map showing the project recommendations for each school. The sign-in sheets from each audit are also included as a record of attendance by school and City staff and parent volunteers. Alta Planning + Design hopes the City of Cupertino and its Council reference these reports and integrates them into their plans and budgets where possible. 1. Collins Elementary School 2. Cupertino High School 3. Eaton Elementary School 4. Faria Elementary School 5. Garden Gate Elementary School 6. Homestead High School 7. Hyde Middle School 8. Kennedy Middle School 9. Lawson Middle School 10. Lincoln Elementary School 11. Monta Vista High School 12. Regnart Elementary School 13. Sedgwick Elementary School 14. Stevens Creek Elementary School 281 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: March 16, 2017 Re: Collins Elementary School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Collins Elementary School with staff from Alta Planning + Design. The audit was held in the morning of February 15, 2017 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Collins Elementary School in a narrative and graphical format. This memo provides programmatic and project recommendations for Collins Elementary School. It includes both on-campus recommendations that can be implemented by the school district and off- campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Collins Elementary School is located on Blaney Avenue. The main drop-off area is located in the parking lot off of Blaney Avenue. Staff and visitors park in this lot and bus drop off occurs in this lot as well. Some parents also use the Bright Horizons parking lot (behind the school on Portal Avenue) to drop off students or to park and walk with their students to school. Bicycle and pedestrian access is available from Blaney Avenue and Portal Avenue. On-campus bicycle parking is located on the southwestern side of the school. 282 Collins Elementary School City of Cupertino | 2 Project Recommendations 1. Merritt Drive/Blaney Avenue o Install ADA-compliant curb ramps. o Install high-visibility crosswalks. o Conduct study to determine feasibility of a traffic signal or roundabout. 2. Blaney Avenue/Pear Tree Lane o Install ADA-compliant curb ramps. o Install School Assembly B signage. 3. Forest Avenue/Plum Tree Lane o Install yellow high-visibility crosswalks on all legs of intersection. o Install yield line and yield sign on Toni Court. o Install yield lines prior to crosswalks on Forest Avenue. o Construct curb extension at northeastern and southwestern corners to align with high- visibility crosswalks. New ADA-compliant ramps will be needed. 4. Forest Avenue/Blaney Avenue o Install curb extension on southwest corner to tighten turning radius and provide more space for pedestrians while waiting to cross Blaney Avenue. 5. School Frontage o Install green conflict striping in bike lanes on Blaney Avenue. o Extend detectable warning surface along drop-off area. 6. Blaney Avenue/Twilight Court o Install yellow high-visibility crosswalk across Twilight Court. o Install School Assembly B signage. 7. Bright Horizons Parking Lot/Portal Avenue o Install swing gate at “Staff Parking Only” marking area (to be closed during school hours) to prevent Collins School visitors from parking or turning around in their vehicles while allowing access for pedestrians and bicyclists. o Install yellow high-visibility crosswalk at Portal Avenue/Amherst Drive. o Install “One-Way” signage at entry and exit driveways to mimic school frontage parking lot. Program Recommendations 1. Implement a Walking School Bus program. o Consider working with Lawson Middle School to combine routes and volunteers. 2. Encourage crossing guards to continue holding groups of pedestrians prior to stopping traffic and allowing them to cross. o This can increase traffic flow. 3. In the school welcome packets, remind parents to not drop students off at intersections. 4. Work with the school to allow for earlier drop-off periods. o Allow students to access library or find parent volunteers to wait with students prior to first bell. 283 Collins Elementary School City of Cupertino | 3 5. Install signs to make frontage a no-idling zone. o Remind parents of this in school welcome packets. 6. Recruit more students for the “valet” program. 284 See Inset A See Inset B 7 6 5 43 2 Collins Elementary Blaney AvenuePortal AvenuePear Tree Lane AmherstDrive Twilight CourtPlum Tree Lane1 Inset A Inset B Forest AvenueMerritt DriveBlaneyAvenueMerritt Drive/Blaney Avenue -Install ADA-compliant curb ramps -Install high-visibility crosswalks -Conduct trac signal warrant analysis and evaluate a roundabout Blaney Avenue/Pear Tree Lane -Install ADA-compliant curb ramps -Install School Assembly B signage Forest Avenue/Plum Tree Lane -Install yellow high-visibility crosswalks on all legs of intersection -Install yield sign and yield line on Toni Court -Install yield lines prior to crosswalks on Forest Avenue Forest Avenue/Blaney Avenue -Install curb extension on southwest corner School Frontage -Install green conict striping in bikes lanes -Extend detectable warning surface along drop-o area Blaney Avenue/Twilight Court -Install yellow high-visibility crosswalk across Twilight Court -Install School Assembly B signage Bright Horizons Parking Lot/Portal Avenue -Install swing gate at “Sta Parking Only” marking area (to be closed during school hours) -Install yellow high-visibility crosswalk at Portal Avenue/Amherst Drive -Install One Way signage at entry and exit driveways to mimic school frontage parking lot Collins Elementary School Safe Routes to School Improvement Plan Existing Bike Parking Recommended Advance Yield Markings Recommended Detectable Warning Surface Existing CrossingGuard Location Recommended Curb Extension Recommended High-Visibility Crosswalk Recommended Swing Gate 7 6 5 4 3 2 1 0 200 ft Improvements not to scale RecommendedYield Sign RecommendedOne Way SignRecommended School Assembly B Recommended Curb Ramp 285 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: June 21, 2017 Re: Cupertino High School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Cupertino High School with staff from Alta Planning + Design. The audit was held in the morning of April 4, 2017 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff, City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Cupertino High School in a narrative and graphical format. This memo provides programmatic and project recommendations for Cupertino High School. It includes both on-campus recommendations that can be implemented by the school district and off- campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Cupertino High School is located on Finch Avenue between Stevens Creek Boulevard and Tilson Avenue. Drop-off areas are located in the northern drop-off loop and the southern parking lot, both off of Finch Avenue. Staff can park in both the northern and southern parking lots. Visitors and students can park in the southern parking lot. Bicycle and pedestrian access from the north is available from Finch Avenue at Sorenson Avenue. Bicycle access from the south is located at the emergency access gate north of the baseball field. Pedestrian access from the south is located at the southern end of the southern parking lot. 286 Cupertino High School City of Cupertino | 2 Project Recommendations 1. Stevens Creek Boulevard/Finch Avenue o Reconfigure intersection to tighten radius on southeast corner to eliminate slip lane.  Removing the slip lane will slow drivers down as they approach the intersection, increasing visibility for other roadway users. o Tighten radius and install ADA-compliant curb ramps on southwestern corner of intersection. o Install yellow high-visibility crosswalks on east side and south side of intersection. o Long term: Install protected intersection and bicycle signal with Lead Bicycle Interval when separated bikeway is installed along Stevens Creek Boulevard.  Conflict was identified between bicyclists and vehicles making a right turn. Bicyclists ride on the sidewalk to avoid this conflict, creating a new conflict with pedestrians on the sidewalk. 2. Finch Avenue/Sorenson Avenue and Finch Avenue/Craft Drive o Install ADA-compliant curb ramps. 3. Southern Parking Lot o Install raised pedestrian walkways across driveways and reconfigure curbs. o Install painted walkway through parking lot to increase visibility and yielding compliance.  It was observed that drivers leaving the parking lot do not yield to students as they walk through the parking lot or through the driveway to access the school. 4. Miller Avenue/Calle de Barcelona (location not shown on map) o Study traffic signal timing to add protected left-turn phase onto Calle de Barcelona from Miller Avenue.  It was reported that there is a significant backup of vehicles waiting to turn left onto Calle de Barcelona, prompting some drivers to make dangerous maneuvers such as waiting to turn in the intersection or running the red light. 5. Finch Avenue o Widen sidewalk between Tilson Avenue and emergency access gate north of the baseball field to approximately eight feet.  Formalize existing space between sidewalk and baseball field fencing (currently dirt). 6. Calle de Barcelona/Finch Avenue o Install KEEP CLEAR marking in intersection. o Move crosswalk/stop sign closer to Finch Avenue. o Install curb extensions and ADA-compliant curb ramps to tighten turning radii and shorten crossing distance across Finch Avenue. Program Recommendations 1. Conduct bicycle skills/rules refresher courses to remind students about using hand signals and other safety skills. 287 City of Cupertino | 3 2. Place cones in driveway to narrow southern parking lot driveway exit during drop-off and pick-up. 3. Install signs to make drop-off loops no idling zones. 4. Remind parents in school welcome packets to not use the Citibank parking lot as a drop-off area. 288 Cupertino High School Safe Routes to School Improvement Plan 5 6 4 3 2 1 1Stevens Creek Boulevard/Finch Avenue -Recongure intersection to tighten radius on southeast corner to eliminate slip lane -Tighten radius and install ADA-compliant curb ramps on southwestern corner of intersection -Install yellow high-visibility crosswalks on east side and south side of intersection -Long term: Install protected intersection and bicycle signal with Lead Bicycle Interval when separated bikeway is installed along Stevens Creek Boulevard Finch Avenue/Sorenson Avenue and Finch Avenue/Craft Drive -Install ADA-compliant curb ramps Southern Parking Lot -Install raised pedestrian walkways across driveways and recongure curbs -Install painted walkway through parking lot Miller Avenue/Calle de Barcelona (location not shown on map) -Study trac signal timing to add protected left-turn phase onto Calle de Barcelona from Miller Avenue Finch Avenue -Widen sidewalk between Tilson Avenue and emergency access gate north of the baseball eld to approximately eight feet Calle de Barcelona/Finch Avenue -Install KEEP CLEAR marking in intersection -Move crosswalk/stop sign closer to Finch Avenue -Install curb extensions and ADA-compliant curb ramps at crosswalk across Finch Avenue Recommended High-Visibility Crosswalk Recommended Curb Ramp Existing Bike Parking Recommended Sidewalk 0 400 ft Improvements not to scale Recommended Curb Extension Recommended Advance Yield Markings Existing SchoolAccess Point RecommendedRaised WalkwaySTOPInset B Inset B Inset C Inset C Inset AInset A CLEAR KEEP CLEARKEEPStevens Creek Blvd Calle de Barcelona FinchAveFinch Ave3 1 2 4 5 6 Cupertino High School Finch AveTilson Ave CraftDr SorensonAve See Inset B See Inset B See Inset C See Inset C See Inset A See Inset A NorthernDrop-Off LoopNorthernDrop-Off LoopSouthernParking LotSouthernParking LotSTOP289 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: March 16, 2017 Re: Eaton School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Eaton Elementary School with staff from Alta Planning + Design. The audit was held in the morning of February 13, 2017 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Eaton Elementary School in a narrative and graphical format. This memo provides programmatic and project recommendations for Eaton Elementary School. It includes both on-campus recommendations that can be implemented by the school district and off- campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Eaton Elementary School is located on Suisun Drive between Farallone Drive and La Roda Drive. Drop-off areas are located in the eastern staff parking lot off of Suisun Drive and the Farallone Drive parking lot. Staff can park in both Suisun Drive parking lots while parents and visitors use the Farallone Drive parking lot. Bus drop off occurs in the western Suisun Drive staff parking lot. Bicycle and pedestrian access is available from Suisun Drive and Farallone Drive. On-campus bicycle parking is located on the southeastern side of the school. 290 City of Cupertino | 2 Project Recommendations 1. Pacifica Drive/Whitney Way o Install speed limit sign east of Whitney Way. 2. Suisun Drive/Farallone Drive o Install stop sign and pavement marking on Suisun Drive. o Remove “State Law Yield to Pedestrians in Crosswalk” sign. 3. Farallone Drive o Install red curb on southwest corner of mid-block crosswalk to address sight distance issues. o Consider installing raised crosswalk. 4. Farallone Drive Parking Lot o Convert some eastern parking spaces to loading zone to increase loading zone size. 5. John Drive/Farallone Drive o Install red curb on east side of Farallone Drive south of parking lot driveway. 6. Suisun Drive/East of Eastern Staff Parking Lot o Unlock trail gate during school commute hours. o Install bicycle parking in open spaces behind gate. 7. La Roda Drive/Suisun Drive o Install yield sign and yield line on La Roda Drive. o Install high-visibility crosswalk on La Roda Drive. 8. Blaney Avenue/Suisun Drive o Install ADA-compliant Type F curb ramp north of driveway and south of fire hydrant. o Pivot eastern end of southern crosswalk to connect to new ramp. Program Recommendations 1. Expand drop-off loop volunteer program to Farallone Drive parking lot. o Consider a pilot test to assign a specific parking lot to parents who drive to ensure traffic remains even between the two lots. 2. Move one volunteer to driveway loop entrances during busy periods to stop drivers from turning into driveway when pedestrian is crossing. 291 Pacica Drive/Whitney Way-Install speed limit sign east of Whitney Way Suisun Drive/Farallone Drive -Replace school Assembly Sign with stop sign on Suisun Drive -Remove “State Law Yield to Pedestrians in Crosswalk” sign Farallone Drive -Install red curb southwest corner of mid-block crossing-Consider installing raised crosswalk Farallone Drive Parking Lot -Convert some eastern parking spaces to loading zone John Drive/Farallone Drive -Install red curb on east side of Farallone Drive south of parking lot driveway Suisun Drive School Frontage -Unlock trail gate during school commute hours-Install decomposed granite and bicycle parking in open spaces behind gate La Roda Drive/Suisun Drive -Install yield sign on La Roda Drive -Install high-visibility crosswalk on La Roda Drive Blaney Avenue/Suisun Drive -Install ADA-compliant Type F curb ramp north of driveway and south of re hydrant-Pivot eastern end of southern crosswalk to connect to new ramp Eaton Elementary School Safe Routes to School Improvement Plan 7 8 6 5 4 3 2 1 RecommendedRaised Crosswalk RecommendedCurb Ramp RecommendedYield Sign RecommendedAdvanced Stop Pavement Marking RecommendedStop Sign Existing Bike Parking Existing CrossingGuard Location 0 200 ft Improvements not to scale Recommended High-Visibility Crosswalk Existing SchoolAccess Point Recommended Advance Yield Markings STOP 2 3 4 5 8 6 7 See InsetSTOP1 Suisun Dr La Roda DrJohn D r Pacifica Dr Farallone DrBlaney Ave292 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: May 4, 2017 Re: Faria Elementary School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Faria Elementary School with staff from Alta Planning + Design. The audit was held in the afternoon of March 7, 2017 to observe the afternoon dismissal time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Faria Elementary School in a narrative and graphical format. This memo provides programmatic and project recommendations for Faria Elementary School. It includes both on-campus recommendations that can be implemented by the school district and off- campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Faria Elementary School is located on Barbara Lane. The main drop-off area is located in the parking lot off of Barbara Lane. Staff and visitors also park in this lot. Street parking is available for 30 minutes or for those with parking permits. Most students live outside the neighborhood Faria is located in, so most families drive their children to and from school, or use carpools and vanpools. 293 William Faria Elementary School City of Cupertino | 2 Project Recommendations 1. Scofield Drive/Barbara Drive o Study feasibility of crossing guard. 2. School Drop-Off o Widen sidewalk at southern end (from five feet to approximately 15 feet). o Remove damaged and unused pole at exit driveway, south side. o Remove red curb at southwestern corner to allow for carpool van parking. o Install “Vanpool Parking Only” signs at southwestern corner. 3. Pepper Tree Lane/Stelling Road o Install yellow high-visibility crosswalk across Pepper Tree Lane. o Install Leading Pedestrian Interval with 5 second lead time for all legs of intersection. 4. Pepper Tree Lane/Barbara Drive o Study feasibility of crossing guard. o Install school Assembly B signage. o Install red curb from light pole to driveway. 5. Shelly Drive/Bonny Drive o Install white high-visibility crosswalk on Shelly Drive. o Conduct yield sign warrant analysis. Program Recommendations 1. Implement a Walking School Bus program. o Consider reaching out to Coldwell Banker, Union Church of Cupertino, and The Church of Jesus Christ of Latter-day Saints for permission to use their parking lots. 2. Encourage crossing guards to hold groups of pedestrians prior to stopping traffic and allowing them to cross. o This can increase traffic flow. 3. In the school welcome packets, remind parents to not drop students off at intersections. 4. Similar to Barbara Lane, encourage parents and homeowners not to park on the north side of Scofield Drive. This will allow for drivers to safely pass those waiting to enter the school. o During pick-up and drop-off times, parents and homeowners do not park their vehicles on the eastern side of Bonny Drive. This allows drivers to use the parking lane as a travel lane, and use the travel lane to queue for left turns into the school drop-off area. On Scofield Drive, the parking lane on the north side would be used for drivers to queue and turn right into the school driveway while the westbound travel lane would be used as normal. 5. Install signs to make frontage a no-idling zone. o Remind parents of this in school welcome packets. 6. Move vanpool parking from northwest corner of Scofield Drive/Barbara Lane to southwestern corner of school drop-off loop. o Do not allow vehicles to park in northwest corner of Scofield Drive/Barbara Lane. 7. Place cones at staff parking lane entries to prohibit visitors from entering. 294 Inset AInset A Inset BInset B Vanpool Parking Only Reconstruct DrivewaysReconstruct Driveways 5 4 3 2 1 Faria Elementary School Safe Routes to School Improvement Plan Recommended CrossingGuard Location Recommended Sidewalk Recommended Curb Extension Recommended Truncated Domes Scoeld Drive/Barbara Lane -Study feasibility of crossing guard School Drop-O -Reconstruct driveways to city standards -Install truncated domes on either side of driveway at sidewalks -Widen sidewalk at southern end to approximately 15 feet -Remove pole at exit driveway, south side -Remove red curb at southwestern corner -Install “Vanpool Parking Only” signs at southwestern corner Pepper Tree Lane/Stelling Road -Install yellow high-visibility crosswalk across Pepper Tree Lane -Install Leading Pedestrian Interval with 5 second lead time for all legs of intersection Pepper Tree Lane/Barbara Lane -Study feasibility of crossing guard -Install school assembly B signage -Install red curb from light pole to driveway Shelly Drive/Bonny Drive -Install high-visibility crosswalk across Shelly Drive -Conduct yield sign warrant analysis Recommended High-Visibility Crosswalk Recommended School Assembly B Recommended Advance Yield Markings RecommendedYield Sign 0 150 ft Improvements not to scale Recommended Curb Ramp 5 3 4 2 1 Bonny DriveBonny DriveStelling RoadScofield Drive Barbara Lane ShellyDrive William Faria Elementary School Pepper Tree Lane Barbara LaneSee Inset A See Inset BSee Inset B 295 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: June 21, 2017 Re: Garden Gate Elementary School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Garden Gate Elementary School with staff from Alta Planning + Design. The audit was held in the morning of May 23, 2017 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Garden Gate Elementary School in a narrative and graphical format. This memo provides programmatic and project recommendations for Garden Gate Elementary School. It includes both on-campus recommendations that can be implemented by the school district and off-campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Garden Gate Elementary School is located on Greenleaf Drive between Castine Avenue and Flora Vista Avenue. The drop-off area is located in the main parking lot off of Greenleaf Drive. Staff and visitors can park in this lot. A crossing guard is stationed at the intersection of Stelling Road and Greenleaf Drive. Bicycle and pedestrian access is only available from Greenleaf Drive. On-campus bicycle parking is located on the southern side of the school. 296 Garden Gate Elementary School City of Cupertino | 2 Project Recommendations 1. School Drop-Off o Shift, extend, and raise pedestrian walkway through parking lot. This will require moving two ADA parking spaces and removing six parking spaces.  There is an existing walkway in the center of the north side of the parking lot causing drivers to wait for pedestrians to cross and creating more congestion at the driveway entrance. There is an informal cut through from the sidewalk to the south side of the parking lot, causing conflicts between pedestrians and drivers in the south side of the parking lot.  Shifting and extending the existing cut-through will shorten the crossing distance for pedestrians within the parking lot and reduce the number of families crossing the exit driveway.  Shifting walkway allows drivers to pull forward in the drop-off lane instead of waiting for pedestrians to cross before pulling forward. This will reduce congestion at the driveway entrance.  Raising walkway provides traffic calming and increases visibility for students crossing parking lot. o Install ADA-compliant curb ramps at either end of walkway. 2. Greenleaf Drive/School Frontage o Trim bushes along sidewalk. o Unlock school access gate during drop-off/pick-up.  This will reduce the number of families crossing the entrance driveway. o Consider removing parking on the north side of curve. o Long term: Obtain easement from school district and install detached sidewalk. 3. Flora Vista Avenue/Greenleaf Drive o Install yellow high-visibility crosswalk across Greenleaf Drive. o Install ADA-compliant curb ramp on southwest corner of intersection. 4. Stelling Road/Greenleaf Drive o Study pedestrian signal timing.  Lengthening the pedestrian crossing time may help accommodate the large numbers of pedestrians crossing Stelling Road. 5. Castine Avenue/Greenleaf Drive o Conduct crossing guard warrant analysis for southbound Castine Avenue.  A significant number of people walking cross Castine Avenue, which creates a backup on Greenleaf Drive. 6. Ann Arbor Avenue/Greenleaf Drive o Conduct crossing guard warrant analysis. 7. Ann Arbor Avenue o Install yellow high-visibility crosswalks across Grenola Drive and Hazelbrook Drive. o Trim landscaping. o Conduct yield sign warrant analysis on Hazelbrook Drive. o Long term: Close sidewalk gaps. 297 City of Cupertino | 3 Program Recommendations 1. Expand parking lot crossing guard program to the south side of the parking lot. o This will cover both ends of the crosswalk. 2. Work with the PTA to implement a valet program during drop-off periods. o Encourage valet to motion to drivers to pull forward in the drop-off lane. 298 5 6 7 43 2 1 Garden Gate Elementary School Stelling RdGreenleaf Dr Hazelbrook Dr Grenola Dr Flora Vista AveCastine AveAnn Arbor AveSee Inset Greenleaf Dr InsetInset NO PARKING5 6 7 4 3 2 1 Garden Gate Elementary School Safe Routes to School Improvement Plan School Drop-O -Shift, extend, and raise pedestrian walkway through parking lot -Install ADA-compliant curb ramps at either end of walkway Greenleaf Drive School Frontage -Trim bushes along sidewalk -Unlock school access gate during drop-o/pick-up -Consider removing parking on the north side of curve -Long term: Obtain easement from school district and install detached sidewalk Flora Vista Avenue/Greenleaf Drive -Install yellow high-visibility crosswalk across Greenleaf Drive -Install ADA-compliant curb ramp on southwest corner of intersection Stelling Road/Greenleaf Drive -Study pedestrian signal timing Castine Avenue/Greenleaf Drive -Conduct crossing guard warrant analysis for southbound Castine Avenue -Install yield markings on Castine Avenue Ann Arbor Avenue/Greenleaf Drive -Conduct crossing guard warrant analysis -Install curb extension and ADA-compliant curb ramp at crosswalks Ann Arbor Avenue -Install yellow high-visibility crosswalks and yield markings across Grenola Drive and Hazelbrook Drive -Trim landscaping -Conduct yield sign warrant analysis on Hazelbrook Drive -Long term: Close sidewalk gaps 0 300 ft Improvements not to scale Existing Bike Parking Recommended CrossingGuard Location Existing CrossingGuard Location Recommended High-Visibility Crosswalk Recommended Advance Yield MarkingsRecommended Curb Ramp Recommended Curb Extension 299 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: December 22, 2016 Re: Homestead High School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Homestead High School with staff from Alta Planning + Design. The audit was held in the morning of November 15, 2016 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, nearby residents, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Homestead High School in a narrative and graphical format. This memo provides programmatic and project recommendations for Homestead High School. It includes both on-campus recommendations, which can be implemented by the school district along with off-campus improvements that the City can implement. The map of recommended projects is attached to this memo. Existing Conditions Homestead High School is located on Homestead Road, southeast of Mary Avenue. Vehicle access is only available on Homestead Road, although vehicles can turn into the parking lot south of Mary Avenue. Drop-off areas are located in the Mary Avenue parking lot and the Homestead Road drop- off area known as the “Horseshoe.” Staff and visitors can park in the Mary Avenue parking lot while students use the parking lot on the northeastern edge of campus. Bicycle and pedestrian access is available from Homestead Road and the Mary Avenue Bicycle and Pedestrian Bridge (Don Burnett Bridge). On-campus bicycle parking is located on the southeastern side of the school. 300 Homestead High School Walk Audit Recommendations 2 | City of Cupertino Project Recommendations 1. Mackenzie Drive at Homestead Road: • Install ADA-compliant curb ramps. • Tighten turn radii at corners by constructing curb extensions. • Install high-visibility crosswalk. 2. Mary Avenue at Homestead Road: • Install high-visibility crosswalks on all four legs. • Work with City of Sunnyvale to study potential adjustment to signal timing for all-red pedestrian phase during arrival and dismissal times at school. Extend the signal phase long enough to allow pedestrian to cross two legs of the intersection in one signal phase. • Reconstruct southwestern corner to tighten turning radius. • Close sidewalk ramps the south side Homestead Road at Samedra Street, approximately 185 feet west of Mary Avenue. Install bicycle ramp approximately 25 feet west of curb ramp located on southwest side of Homestead Road and Mary Avenue intersection. Note, ramp does not require truncated domes as it will not be used by pedestrians. Include signage on ramp for bicyclists to yield to pedestrians on sidewalk. Possibly include waiting area for bicyclists. Install bicycle path behind bench shelter to connect to Mary Avenue Bridge path. • Upgrade existing bike lane to buffered bike lane and add flexible delineators in buffer space up to 50 to 100 feet prior to intersection. Reducing vehicle lane widths to 11 feet will provide space for buffered bike lane. 3. Kennewick Drive at Homestead Road: • Install high-visibility crosswalks on roadway crossings. • Work with City of Sunnyvale to conduct study to reconfigure traffic signal to allow for bi- directional travel in driveway. Allow for protected left turns into the parking lot as well as protected left turns out of parking lot. 4. Horseshoe: • Install “THRU LANE” pavement markings on the north side of the Horseshoe. Provide loading zone signage and markings adjacent to southern curb. Paint southern curb white. Improve signage and pavement markings to better highlight right-turn-only rule. • Install flexible delineators on Homestead Road in the double yellow line to block vehicles from turning left into the Horseshoe. • Extend double yellow lines in center turn lane for length of Horseshoe. Install flexible delineators in the southern double yellow line to block vehicles from turning left from the Horseshoe onto Homestead Road. 5. Student Parking Lot: • Update the western driveway of Student Parking Lot to allow for bi-directional “right-in, right-out only” travel in driveway. • Add flexible delineators on Homestead Road to block vehicles from turning left out of the parking lot. 301 Homestead High School Walk Audit Recommendations City of Cupertino | 3 6. South Mary Avenue Parking Lot Access: • Short term: Pave informal path to allow for safer bicycle access. • Long Term: Install mini-roundabout. 7. General Recommendations: • Install additional secure bicycle parking on campus, especially on the western side of campus. It was observed that several students lock their bikes to poles along the Mary Avenue Bridge pathway or to the bench shelter at the Homestead Road/Mary Avenue Bridge intersection. • Expand the sidewalk into the buffered bike lane on the south side of Homestead Road to create a bi-directional shared use path in front of the school. This is a long-term solution for students riding the wrong way on Homestead Road. 302 1 2 4 5 6 3 See Inset A See Inset B Homestead RoadMaryAvenue Mary AvenueBridge PathSamedraStreetMackenzieDriveKennewickDriveCity of Sunnyvale City of Cupertino Fremont Union High School District Homestead High School Walk Audit Recommendations Map 0 250125 Feet Mackenzie Drive at Homestead Road: - Install ADA-compliant curb ramps. - Tighten turn radii at corners. - Install high-visibility crosswalk. Mary Avenue at Homestead Road: - Install high-visibility crosswalks. - Study signal timing adjustment for all-red pedestrian phase. - Reconstruct southwestern corner to tighten turning radius. - Install new ramp approx 25 feet west of intersection curb ramp. - Build bicycle path behind bench shelter to connect to Mary Avenue Bridge path. - Reduce vehicle lane widths to 11 feet to convert existing bike lanes to buered bike lane. Add exible delineators in buer space. Kennewick Drive at Homestead Road: - Install high-visibility crosswalks on roadway crossings. - Conduct study to reconrgure trac signal to allow for bi-directional travel in driveway. Horseshoe: - Install pavement markings to promote a thru lane. Provide loading zone and signage and markings adjacent to curb. - Install exible delineators on Homestead Road in the double yellow line to block vehicles from turning left into the Horseshoe. - Extend double yellow lines in center turn lane and install exible delineators to prevent left turns from the Horseshoe onto Homestead Road. Student parking lot: - Make western driveway right-in, right out. - Add exible delineators on Homestead Road to block vehicles from turning left out of parking lot. South Mary Avenue parking lot access: - Pave informal path to allow for safer bicycle access. -Long Term: Install mini-roundabout. 1 2 3 4 5 6 Flexible Delineator New Curb Ramp Potential Bicycle ParkingNew Sidewalk/Path Inset A Inset B Homestead Road MaryAvenue303 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: June 21, 2017 Re: Hyde Middle School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Hyde Middle School with staff from Alta Planning + Design. The audit was held in the morning of April 26, 2017 to observe the morning drop-off time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Hyde Middle School in a narrative and graphical format. This memo provides programmatic and project recommendations for Hyde Middle School. It includes both on-campus recommendations that can be implemented by the school district and off-campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Hyde Middle School is located on Bollinger Road between Hyde Avenue and Miller Avenue. The main drop-off area is located in the parking lot off of Bollinger Road. Staff and visitors also park in this lot. Informal drop-offs occur on Hyde Avenue, in the West Valley Presbyterian Church parking lot next to the school, and the Safeway parking lot across the street from the school. Bicycle access is available on Bollinger Road, but most students arrive by bicycle from Hyde Avenue via Shadygrove Drive. Bicycle parking is available on Hyde Avenue. Pedestrian access is available in the front of the school, on Hyde Avenue, and two access gates on Disney Lane and from the West Valley Presbyterian Church parking lot. Students are not allowed on campus prior to 9:15am. 304 Hyde Middle School City of Cupertino | 2 Project Recommendations 1. Shadygrove Drive/Hyde Avenue o Conduct stop sign warrant analysis for Hyde Avenue.  People driving on Hyde Avenue tend to not yield to those currently in the intersection. o Install yellow high-visibility crosswalk on east side of intersection. o Trim vegetation around intersection.  Visibility around this intersection is low, causing potential conflicts that could be reduced with lower hedges. 2. Disney Lane/Miller Avenue o Install yellow high-visibility crosswalk. 3. Willowgrove Lane/Hyde Avenue o Install curb extension on west side of intersection.  Will require new ADA-compliant curb ramp. 4. Bollinger Road/Miller Avenue o Install yellow high-visibility crosswalks on all legs of intersection.  Including slip lane. 5. School Drop-Off o A) In staff parking area, shift parking spaces east and install painted walkway between property line and parking stalls. • Install wheel stops in parking spaces.  Remove two parking spaces in staff parking area and cut through landscape area to connect new walkway to existing sidewalk. • This new walkway will eliminate any potential conflicts with students who walk through the parking lot from the west and drivers leaving the drop-off area. • Long term: Install raised walkway through parking lot. o B) Widen walkway between tree and school to approximately seven feet to increase the walkway space in front of the school.  Long term: Extend curbed drop-off area. o C) Assign at least two spaces to staff parking in the eastern parking area. • This will reduce the number of parents who drop off their students in these spaces then back into the drop-off loop, causing more congestion.  Install sign at existing flexible delineator to indicate drop-off line or thru line. o D) Install five foot walkway between school sign and tree.  Students are currently walking through the grass or through the driveway to access the front of the school. 6. Hyde Avenue/Bollinger Road o Trim vegetation on Bollinger Road.  Visibility around this intersection is low, causing potential conflicts that could be reduced with lower hedges. Program Recommendations 1. In the school welcome packets, remind parents to not drop students off at intersections. 2. Conduct bike rodeo to ensure all students understand and practice proper signaling while riding a bicycle. 305 Hyde Middle School City of Cupertino | 3 3. Install signs to make frontage a no-idling zone. o Remind parents of this in school welcome packets. 4. Unlock bicycle cage at 9:00am for waiting students to store their bicycles. o Gate currently swings outward, blocking the sidewalk. Fix the gate to open inward. 5. Encourage bicyclists to dismount prior to crossing at crosswalks. 306 Inset BInset B Inset AInset A STAFF DROPOFFTHRUTRAFFICMillerAveBollinger Rd A B C D Hyde Middle School Safe Routes to School Improvement Plan 5 6 4 3 2 1 D C A B Shadygrove Drive/Hyde Avenue -Conduct stop sign warrant analysis for Hyde Avenue approach -Install yellow high-visibility crosswalk on east side of intersection -Trim vegetation around intersection Disney Lane/Miller Avenue -Install yellow high-visibility crosswalk Willowgrove Lane/Hyde Avenue -Install curb extensions with ADA-compliant curb ramps on both sides of intersection Bollinger Road/Miller Avenue -Install yellow high-visibility crosswalks on all legs of intersection School Drop-O In sta parking area, shift parking spaces east and install painted walkway between property line and parking stalls. Install wheel stops in parking spaces -Remove two parking spaces in sta parking area and cut through landscape area to connect walkway to sidewalk -Long term: Install raised walkway through parking lot Widen walkway between tree and school to approximately seven feet -Long term: Extend curbed drop-o area Assign at least two spaces to sta parking in the eastern parking area -Install sign at existing exible delineator to indicate drop-o line or thru line Install ve foot wakway between existing sidewalk and school entry Hyde Avenue/Bollinger Road -Trim vegetation on Bollinger Road 0 150 ft Improvements not to scale Recommended High-Visibility Crosswalk Recommended Drop-O Sign Recommended Curb Extension Recommended Walkway RecommendedStop Sign Existing Bike Parking DROPOFFTHRUTRAFFIC Hyde Middle School Hyde AveWillowgroveLnStendhal LnShadygrove Dr Disney Ln Miller AveBollinger Rd 2 5 6 3 1 See Inset ASee Inset A 4 See Inset BSee Inset B EasternParking AreaEasternParking Area StaffParking AreaStaffParking Area 307 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: June 29, 2017 Re: Kennedy Middle School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Kennedy Middle School with staff from Alta Planning + Design. The audit was held in the morning of June 1, 2017 to observe the morning drop-off time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Kennedy Middle School in a narrative and graphical format. This memo provides programmatic and project recommendations for Kennedy Middle School. It includes both on-campus recommendations that can be implemented by the school district and off- campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Kennedy Middle School is located on Bubb Road between Hyannisport Drive and Rosario Avenue. There are three parking lots for Kennedy Middle School. Staff park in the lot off of Hyannisport Drive and the northern parking lot off of Bubb Road. Visitors park in the southern parking lot off of Bubb Road. Drop-off/pick-ups on campus occur in the Hyannisport Drive parking lot and the southern parking lot off of Bubb Road. Drop-off/pick-ups are also allowed on Hyannisport Drive between Fort Baker Drive and approximately 50 feet west of the Hyannisport Drive parking lot. Bicycle and pedestrian access is available from Hyannisport Drive and Bubb Road. Bicycle parking is available on both the northern and southern ends of the school. 308 Kennedy Middle School City of Cupertino | 2 Project Recommendations 1. Presidio Drive/Bubb Road o Conduct stop sign warrant analysis on Bubb Road at Presidio Drive. 2. Shannon Court/Bubb Road/Hyannisport Drive o Trim overgrown tree on west side of Bubb Road. o Install yellow high-visibility crosswalk across Shannon Court. 3. Holly Oak Drive/Bubb Road o Install yellow high-visibility crosswalk with advance stop line across Holly Oak Drive. 4. Eastern School Drop-Off o Install Pull Forward signage at driveway entrance. o Repave and consider widening pathway from sidewalk to school entrance to at least eight feet.  Current path is damaged and a potential trip hazard. o Trim landscaping on Bubb Road at driveway exit. 5. Pumpkin Drive/Bubb Road o Install yellow high-visibility crosswalks. Program Recommendations 1. In the school welcome packets, remind parents to not drop students off at intersections and to not idle their vehicles. 2. Conduct bike rodeos to ensure all students understand and practice proper signaling while riding a bicycle. 3. Work with Lawson PTA to begin a valet program in order to speed up pick-up/drop-offs. 4. Encourage bicyclists to dismount prior to crossing at crosswalks. 309 Kennedy Middle School Safe Routes to School Improvement Plan 4 5 3 2 1 Presidio Drive/Bubb Road -Conduct stop sign warrant analysis on Bubb Road at Presidio Drive Shannon Court/Bubb Road/Hyannisport Drive -Trim overgrown tree on west side of Bubb Road -Install yellow high-visibility crosswalk with advance stop line across Shannon Court Holly Oak Drive/Bubb Road -Install yellow high-visibility crosswalk with advance stop line across Holly Oak Drive Eastern School Drop-O -Install Pull Forward signage at driveway entrance -Repave and consider widening pathway from sidewalk to school entrance to at least eight feet -Trim landscaping on Bubb Road at driveway exit Pumpkin Drive/Bubb Road -Install yellow high-visibility crosswalks with advance stop lines Existing Bike Parking Existing CrossingGuard Location Recommended High-Visibility Crosswalk RecommendedStop Sign0250 ft Improvements not to scale Recommended Pull Forward Sign PULL FORWARD PULL FORWARD 4 5 3 2 1 Kennedy Middle School Hyannisport DrFort Baker DrPresidio Dr ElmCt ShannonCt HollyOak Dr PumpkinDrBubb RdSee InsetSTOPSTOP STOPSTOPRecommended Pathway 310 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: July 6, 2017 Re: Lawson Middle School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Lawson Middle School with staff from Alta Planning + Design. The audit was held in the afternoon of May 18, 2017 to observe the afternoon pick-up time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Lawson Middle School in a narrative and graphical format. This memo provides programmatic and project recommendations for Lawson Middle School. It includes both on-campus recommendations that can be implemented by the school district and off- campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Lawson Middle School is located on Vista Drive between Merritt Drive and Lazaneo Drive/Forest Avenue. There are two drop-off areas on campus: in the northern parking lot off of Merritt Drive and a drop-off loop off of Vista Drive. Drop-off/pick-ups also occur on Mariani Avenue. Staff park in the northern lot and the southern lot off of Lazaneo Drive. Visitors park in the northern lot. Bicycle access is available from Merritt Drive, but most students arrive by bicycle from Vista Drive. Bicycle parking is available on Vista Drive. Pedestrian access is available from Merritt Drive and Vista Drive. 311 Lawson Middle School City of Cupertino | 2 Project Recommendations 1. Mariani Avenue/Infinite Loop o Conduct traffic study along Mariani Avenue/Infinite Loop to better accommodate school pick-up/drop-offs, bike lanes, and Apple employees. o Convert transverse crosswalk to yellow high-visibility crosswalk. 2. Merritt Drive/Larry Way/Vista Drive o Install in-street school crossing signs (R1-6) in the crosswalks across Merritt Drive. 3. Northern School Drop-Off (includes two options; will require further study and data collection) o Install signage to encourage drivers to pull forward. o Install crosswalk with ADA-compliant curb ramps across parking lot. o Option A:  Close Merritt Drive exit driveway to drop-off vehicles. Exit still needed for bus access. • This can be done with cones or flexible delineators depending on how frequently the bus requires access.  Allow only left turns only out of parking lot to Vista Drive. • This will reduce the amount of backup that occurs on Vista Drive southbound. o Option B:  Install No Left Turn signs on eastbound Merritt Drive at Larry Way • This will discourage drivers from waiting to take a left turn onto Larry Way, potentially causing congestion in the drop-off loop exit.  Remove crosswalk across Merritt Drive at Larry Way. • This should force pedestrians coming from Larry Way to utilize the crossing guard at Vista Drive/Merritt Drive. 4. Apple Tree Lane/Vista Drive o Install KEEP CLEAR markings in both the northbound and southbound directions of the intersection. o Install in-street school crossing sign in the crosswalk across Vista Drive. 5. Eastern School Drop-Off o Remove center delineators. o Install signage to encourage drivers to pull forward. 6. Vista Drive o Install Class III Bike Route signage and markings (sharrows). 7. Southern Parking Lot o Prohibit parent drop-off/pick-up in this lot.  This can be done with cones. o Move bicycle parking to the southern end of the school.  Students exit the current bicycle parking location, travel south on Vista Drive, then continue south on Vista Drive past Forest Avenue/Lazaneo Drive. This contributes to the congestion along Vista Drive. Moving the bicycle parking to the southern end of campus will reduce the vehicle congestion and bicycle/vehicle conflicts on Vista Drive. 312 Lawson Middle School City of Cupertino | 3  Exact location for bicycle parking will need to be coordinated with the school to determine the most efficient access points for students. 8. Forest Avenue/Vista Drive o Conduct crossing guard warrant analysis. Program Recommendations 1. In the school welcome packets, remind parents to not drop students off at intersections and to not idle their vehicles. 2. Conduct bike rodeos to ensure all students understand and practice proper signaling while riding a bicycle. 3. Work with Lawson PTA to begin a valet program in order to speed up pick-up/drop-offs. 4. Encourage bicyclists to dismount prior to crossing at crosswalks. 5. If Option 3A is chosen, work with parents to explain the new drop-off/pick-up loop system. o With the new system, drivers who use the Northern Drop-Off will only be able to turn left onto Vista Drive and leave the school area on Merritt Drive. Drivers who use the Eastern Drop-Off will continue to turn right only onto Vista Drive and leave the school area on southbound Vista Drive.  This will reduce the traffic congestion on southbound Vista Drive. o Encourage drivers who use the Northern School Drop-Off to arrive to the school area from Merritt Drive. Encourage the drivers who use the Eastern School Drop Off to arrive from Apple Tree Lane or from south Vista Drive.  This will reduce traffic congestion and potential conflicts between vehicles around the school area. o Further study and data collection is recommended prior to implementation in order to determine the traffic patterns from both exit locations. 6. Train crossing guard stationed at Merritt Drive/Vista Drive to watch vehicle backup in the Northern Drop-Off to reduce any potential backup. 313 6 7 8 5 4 3 21 Lawson Middle School Vista DrVistaDrMerritt Dr LarryWayMariani Ave Lazaneo Dr Forest Ave See InsetSee Inset Northern Drop-O Northern Drop-O Eastern Drop-O Eastern Drop-O Southern Parking Lot Southern Parking Lot PULL FORWARD CLEAR KEEP PULL FORWARD SCHOOLSCHOOLSCHOOL PULLFORWARDPULLFORWARDOption 3A Lawson Middle School Safe Routes to School Improvement Plan 5 6 7 8 4 3 2 1 Mariani Avenue/Innite Loop -Conduct trac study along Mariani Avenue/Ininite Loop -Convert transverse crosswalk to yellow high-visibility crosswalk Merritt Drive/Larry Way/Vista Drive -Install in-street school crossing signs (R1-6) in the crosswalks across Merritt Drive Northern School Drop-O (two options - requires further study) -Install signage to encourage drivers to pull forward -Install crosswalk with ADA-compliant curb ramps across parking lot Option A (see Inset): -Close Merritt Drive exit driveway to drop-o vehicles. Exit still needed for bus access -Allow left turns only out of parking lot to Vista Drive Option B: -Install No Left Turn signs on eastbound Merritt Drive at Larry Way -Remove crosswalk across Merritt Drive at Larry Way Apple Tree Lane/Vista Drive -Install KEEP CLEAR markings in both northbound and southbound directions of the intersection -Install in-street school crossing sign in the crosswalk across Vista Drive Eastern School Drop-O -Remove center delineators -Install signage to encourage drivers to pull forward Vista Drive -Install Class III Bike Route signage and marking (sharrows) Southern Parking Lot -Prohibit parent drop-o/pick-up in this lot -Move bicycle parking to the southern end of the school (location to be determined) Forest Avenue/Vista Drive -Conduct crossing guard warrant analysis Recommended High-Visibility CrosswalkRecommended Pull Forward Sign 0 200 ft Improvements not to scaleExisting CrossingGuard Location Recommended CrossingGuard Location Existing Bike Parking RecommendedParking LotDriveway Restriction PULL FORWARD Recommended In-Street SchoolCrossing Sign SCHOOL Recommended Curb Ramp 314 MEMORANDUM 100 Webster Street, Suite 300 Oakland, CA 94607 (510) 540-5008 www.altaplanning.com 1 | P a g e To: David Stillman and Chelsea Biklen, City of Cupertino From: Christopher Kidd and Lola Torney, Alta Planning + Design Date: July 1, 2016 Re: School Walk Audit Recommendations Introduction The City of Cupertino conducted two school walk audits for Monta Vista High School and Lincoln Elementary School with staff from Alta Planning + Design. The Monta Vista High School audit was held in the morning of May 18, 2016, and the Lincoln Elementary School was held that afternoon. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, nearby residents, and concerned parents. Each audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the release period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for both schools in a narrative and graphical format. This memo provides programmatic and project recommendations for Monta Vista High School and Lincoln Elementary School. It includes both on-campus recommendations, which can be implemented by the school district along with off-campus improvements that the city can implement. The map of recommended projects is attached to this memo. Existing Conditions Monta Vista High School and Lincoln Elementary School are located next to each other, separated by a parking lot and a fire access lane (doubling as a bicycle & pedestrian pathway) that connects McClellan Road to the north and Fort Baker Drive to the south. Both schools have 315 MEMORANDUM 100 Webster Street, Suite 300 Oakland, CA 94607 (510) 540-5008 www.altaplanning.com 2 | P a g e crossing guards assigned to them by the City of Cupertino. The crossing guards are located on McClellan Road at the uncontrolled crossing between Imperial Avenue and Orange Avenue and on Hyannisport Drive at Fort Baker Drive. Both Monta Vista High School and Lincoln Elementary School staff members serve as crossing guards at McClellan Road at Orange Avenue. A high school staff member serves as a crossing guard on McClellan Road at Byrne Avenue. Project Recommendations The project list below details the recommendations shown on the attached map. The order of recommendations are based on geography and do not indicate priority or preference. On-Street Recommendations A. McClellan Road curve:  Study reconfiguration of the turn immediately west of Bryne Avenue. Consider adding sidewalk or curbing on northern side to connect to the crosswalk at McClellan Road at Byrne Avenue to protect pedestrians. B. McClellan Road, Byrne Avenue to Imperial Avenue:  Consider additional treatments to discourage drivers from stopping in the bike lane, such as striping red curb or installation of flexible bollard posts. C. Byrne Avenue at McClellan Road:  Add advance yield lines on McClellan Road on both sides of the intersection  Construct a curb ramp and sidewalk in the northwest corner of the intersection in coordination with recommendation A.  Study sight lines in advance of intersection caused by change in slope. Consider additional advance warning stencils if crosswalk is obstructed by slope when approaching intersection. D. McClellan Road at Orange Avenue:  Add advance yield lines on McClellan Road on both sides of the intersection. May require re-striping of KEEP CLEAR stencil.  Review signal length of the flashing crosswalk signal against minimum signal length requirement. Consider retiming signal to better correspond with observed crossing time for elementary & high school students.  Consider replacement of flashing crossing signal with RRFB. E. Lincoln Elementary Uncontrolled Crosswalk:  Review signal length of the flashing crosswalk signal against minimum signal length requirement. Consider retiming signal to better correspond with observed crossing time for elementary school students. 316 MEMORANDUM 100 Webster Street, Suite 300 Oakland, CA 94607 (510) 540-5008 www.altaplanning.com 3 | P a g e  Consider replacement of flashing crossing signal with RRFB. F. McClellan Road at Imperial Avenue:  Implement high-visibility crosswalk in the eastern leg of the intersection with Assembly B & D signage. Must be implemented in coordination with recommendation 2. G. McClellan Road at Bubb Road:  Add School Zone signage on McClellan Road approaching the intersection westbound. H. Fort Baker Drive at Presidio Drive:  Widen sidewalk on west side Fort Baker Drive between Presidio Drive and Hyannisport Drive to accommodate high volumes of walking students.  Convert red zone on Fort Baker Drive to white loading zone with signs giving a 3 minute limit.  Add advance yield lines for uncontrolled crosswalk and Assembly D signage approaching westbound on Presidio Drive. Consider bulb-out for crosswalk, dependent upon turning radius & clearance at crosswalk. I. Hyannisport Drive at Fort Baker Drive:  Reconstruct intersection to close slip lane onto Fort Baker Drive. J. Wilkinson Avenue at Hyannisport Drive:  Add curb ramps in southern leg of the intersection.  Restripe crosswalk as school zone crosswalk with high visibility, continental striping. On-Campus Recommendations Monta Vista High School 1. Vehicle drop off:  Refresh white curb in drop-off zones.  Install No Left Turn signage at exit for eastern parking lot. This reduces conflicts at driveway entrances and normalizes traffic flow in parking lot. Lincoln Elementary School 2. Drop-Off Loop Reconfiguration:  Relocate bus drop-off to staff parking lot to the west. This allows for reconfiguration of parent drop-off loop in front of the school and would utilize existing curb space in staff parking lot designed for drop-off. 317 MEMORANDUM 100 Webster Street, Suite 300 Oakland, CA 94607 (510) 540-5008 www.altaplanning.com 4 | P a g e i. The current school buses are short and not heavily used. This will allow for reconstruction of the drop-off loops to be combined into one driveway.  Consolidate both drop-off loops on McClellan Road to a single loop with exit at eastern end of property. Close middle two driveways and reconstruct sidewalk to accommodate crosswalk in recommendation F. i. This will create a longer drop-off loop that maximizes the use of the school frontage, to allow for more pick-up space for parents on school grounds and reduce instances of parents backing up McClellan Road or obstructing the bike lanes. Drop off loop reconfiguration would also allow for restriping of travel lanes within the loop to further improve circulation and operational capacity.  Remove flexible bollards at drop-off loop entrance to create two through travel lanes. Stencil PULL AHEAD in both drop-off loop travel lanes. Refresh white curb loading zones. Add signage directing drivers. 3. Pedestrian path from Fort Baker Drive:  Replace bollards to create ADA-compliant access. Recommendations Not Mapped These recommendations are universal or outside of the audit study area. i. Universal:  Add truncated domes to all curb ramps. ii. Columbus Avenue at Wilkinson Avenue:  Study intersection improvements based on observed need (intersection outside of audit study area, but identified by participants as problematic). iii. Lincoln Elementary School staff parking lot:  Add truncated domes on sidewalk at driveway exit. Program Recommendations Walking School Bus Audit participants expressed concern about vehicle congestion during the pick-up/drop-off period, especially when the high school and elementary school get out at the same time. A Walking School Bus is a program is recommended for Lincoln Elementary students to help decrease the volume of vehicle traffic near school during pick-up and drop-off periods. A Walk School Bus is a set, established walking route from the surrounding neighborhood to a school, 318 MEMORANDUM 100 Webster Street, Suite 300 Oakland, CA 94607 (510) 540-5008 www.altaplanning.com 5 | P a g e led by one or more parent volunteers. The walking route has set stop locations and times where reducing congestion around schools, it allows time outside of school for students to socialize and to get exercise before the school day starts. Common locations for Walking School Bus stops are church parking lots, parks, shopping centers, or larger intersections with sidewalk space for waiting. Driveway Traffic Flow Existing school official who directs traffic flow should be given a whistle to alert drivers and students. The official should also encourage drivers to move as far forward as possible before stopping for their child. Crossing Guard Training Crossing guard duties at the intersections around Monta Vista High and Lincoln Elementary are split between official, City-funded crossing guards and school staff who act as unofficial crossing guards. Audit participants observed a wide range of behaviors exhibited by different crossing guards. Ensuring uniform approaches from all crossing guards will create certainty for both pedestrians and drivers. 319 BUBB RDPARKVILLACIRHYANNISPORT DRORANGE AVEBYRNE AVENEW HAVEN CTPROVIDENCE CTOLD TOWN CTLIBERTY CTPRESIDIO DR MCCLELLAN RD LIN DAVISTAPLFORTBAKERDRIMPERIALAVEJohn F. Kennedy Middle School Lincoln Elementary SchoolMonta Vista High School 0 250125 Feet Monta Vista High School & Lincoln Elementary School Walk Audit Recommendations Map On-Street Recommendations A. McClellan Road Curve: Study turn reconﬁguration and consider adding sidewalk or curbing northern side of turn. B. McClellan Road Bike Lanes: Consider additional treatments such as striping a red curb or ﬂexible bollard posts. C. Byrne Avenue at McClellan Road: Add advance yield lines. Construct curb ramp and sidewalk in northwest corner. Study sight lines and consider additional advance warning stencils if crosswalk is obstructed by slope. D. McClellan Road at Orange Avenue: Add advance yield lines (may require re-striping of KEEP CLEAR stencil). Review signal length and consider retiming or replacing with RRFB. E. Lincoln Elementary Uncontrolled Crosswalk: Review signal length and consider retiming or replacing with RRFB. F. McClellan Road at Imperial Avenue: Implement high-visibility crosswalk in the eastern leg of the intersection with Assembly B & D signage. G. McClellan Road at Bubb Road: Add School Zone signage on McClellan Road approaching the intersection westbound. H. Widen sidewalk on west side Fort Baker Drive between Presidio Drive and Hyannisport Drive. Convert red zone on Fort Baker Drive to white loading zone with signs giving a 3 minute limit. Add advance yield lines for uncontrolled crosswalk and Assembly D signage approaching westbound on Presidio Drive. Consider bulb-out for crosswalk. I. Hyannisport Drive at Fort Baker Drive: Reconstruct intersection to close slip lane onto Fort Baker Drive. J. Wilkinson Avenue at Hyannisport Drive: Add curb ramps in southern leg of the intersection. Restripe crosswalk as school zone crosswalk. On-Campus Recommendations 1. Monta Vista vehicle drop-o: Refresh white curb in drop o zones. Install No Left Turn signage at exit for eastern parking lot. 2. Lincoln Elementary Drop-O: Relocate bus drop-o to sta parking lot to the west. Consolidate both drop-o loops on McClellan Road to a single loop with exit at eastern end of property. Close middle two driveways and reconstruct sidewalk to accommodate crosswalk in recommendation F. Remove ﬂexible bollards at drop-o loop entrance to create two through travel lanes. Stencil PULL AHEAD in both drop-o loop travel lanes. Refresh white curb loading zones. Add signage directing drivers. 3. Pedestrian Path from Fort Baker: Replace bollards to create ADA-compliant access. A BC D E F F G H I J 1 2 3 Student Access Points New Sidewalk Advance Yield LinesCurb Ramps RRFB with School Crossing Sign 2 AHEADPULLAHEADPULLAHEADPULLF AHEADAHEADSee Inset 2 See Inset F 320 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: May 30, 2017 Re: Regnart Elementary School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Regnart Elementary School with staff from Alta Planning + Design. The audit was held in the morning of March 23, 2017 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Regnart Elementary School in a narrative and graphical format. This memo provides programmatic and project recommendations for Regnart Elementary School. It includes both on-campus recommendations that can be implemented by the school district and off- campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Regnart Elementary School is located on Yorkshire Drive between Stafford Drive and Belknap Drive. The drop-off area for drivers and buses is located in the Yorkshire Drive parking lot. Staff can park in this parking lot or in the lot immediately south of the school. Bicycle and pedestrian access is available from Yorkshire Drive. On-campus bicycle parking is located on the southwestern side of the school, adjacent to staff parking. 321 Regnart Elementary School City of Cupertino | 2 Project Recommendations 1. Yorkshire Drive North of School o Install sidewalk on south side of Yorkshire Drive. 2. Yorkshire Drive o Install concrete paths between sidewalk and gates. 3. Regnart Road/Bubb Road o Install missing sidewalk. o Install yield markings on both sides of crosswalk on Bubb Road.  Approximately 15 feet prior to crosswalk. 4. School Drop-Off o Repaint drop-off loop. 5. Yorkshire Drive/Yorkshire Court o Widen sidewalk on eastern side of Yorkshire Drive by approximately three feet. o Install curb extension for southern portion of driveway entrance. o Install yellow high-visibility crosswalk across Yorkshire Drive. o Install ADA-compliant curb ramp for high-visibility crosswalk. o Install yield markings on both sides of crosswalk on Yorkshire Drive.  Approximately 15 feet prior to crosswalk. o Install “No Left Turn” sign to discourage left turns into driveway. 6. Belknap Drive/Yorkshire Drive o Install curb extension on southeastern corner. Program Recommendations 1. In the school welcome packets, remind parents to not drop students off at intersections. 2. Install signs to make drop-off loop a no-idling zone. o Remind parents of this in school welcome packets. 3. Work with the PTA to train more parents who can help with valet each morning. 322 6 5 4 2 1 Regnart Elementary School Folkstone Dr YorkshireCt BelknapDrStafford DrYorkshire Dr3 See Inset ASee Inset A See Inset BSee Inset B Regnart Elementary School Safe Routes to School Improvement Plan Yorkshire Drive North of School -Install sidewalk on south side of Yorkshire Drive Yorkshire Drive -Install concrete paths between sidewalk and gates Regnart Road/Bubb Road -Install missing sidewalk -Install yield markings on both sides of crosswalk on Bubb Road School Drop-O -Repaint drop-o loop Yorkshire Drive/Yorkshire Court -Widen sidewalk on eastern side of Yorkshire Drive by approximately 3 feet -Install curb extension for southern portion of driveway entrance -Install yellow high-visibility crosswalk across Yorkshire Drive -Install ADA -compliant curb ramp for high-visibility crosswalk -Install yield markings on both sides of crosswalk on Yorkshire Court -Install No Left Turn sign to discourage left turns into driveway Belknap Drive/Yorkshire Drive -Install curb extension on southeastern corner6 5 4 3 2 1 RecommendedNo Left Turn Sign Recommended High-Visibility Crosswalk Recommended Sidewalk Recommended Curb Ramp Existing Bike Parking Existing CrossingGuard Location Recommended Advance Yield Markings Recommended Curb Extension 0 200 ft Improvements not to scale Inset AInset A Inset BInset B Bubb RdRegnart Rd Yorkshire Ct Yorkshire Dr323 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: May 4, 2017 Re: Sedgwick Elementary School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Sedgwick Elementary School with staff from Alta Planning + Design. The audit was held in the morning of March 9, 2017 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Sedgwick Elementary School in a narrative and graphical format. This memo provides programmatic and project recommendations for Sedgwick Elementary School. It includes both on-campus recommendations that can be implemented by the school district and off-campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Sedgwick Elementary School is located on Phil Lane. There are two drop-off areas: one on Phil Lane and one on Tantau Avenue. Staff and visitors park in both lots. There is a drop-off loop for buses only off of Phil Lane. The school reports that few students ride their bicycles to school. This is most likely due to the school attendance boundary, which is mostly within walking distance (approximately 0.6 miles). However, Tantau Avenue is heavily used by adult bicyclists. Many parents who live farther away park their vehicles on side streets and walk with their children to school. 324 Sedgwick Elementary School City of Cupertino | 2 Project Recommendations 1. Phil Lane/Finch Avenue o Shift crosswalk across Phil Lane to make crosswalks perpendicular. o Install ADA-compliant curb ramps. 2. Tilson Avenue/Tantau Avenue o Install ADA-compliant curb ramps on western corners. o Install high-visibility crosswalks. 3. Phil Lane Drop-Off o Widen sidewalk on Phil Lane. o Install Loading Zone During School Hours signs on south side of Phil Lane between western drop-off loop driveway and Tantau Avenue. o Refresh red curb between driveways. o Trim bushes on western side of drop-off loop and bus loop exit. 4. Phil Lane/Tantau Avenue o Install ADA-compliant curb ramps. o Install detectable warning surface at either end of median refuge. 5. Tantau Avenue/Barnhart Avenue o Replace existing beacon with Rectangular Rapid Flashing Beacon or other LED flashing beacon.  Current beacon is difficult to see and is not as effective as a rapid flashing beacon. o Install curb extension at intersection corners. o Widen sidewalk on Tantau Avenue to match existing paint on street.  This will reduce crossing distance for pedestrians. o Realign high-visibility crosswalk on Barnhart Avenue to increase visibility. 6. Tantau Avenue Drop-Off o Reconstruct curb to make drop-off loop longer.  Include driveway for maintenance vehicle access. o Install sidewalk on southern end of driveway. 7. Shadygrove Drive/Ferngrove Avenue/Tantau Avenue o Install ADA-compliant curb ramps. o Install school Assembly D signage on Tantau Avenue. Program Recommendations 1. Implement a Walking School Bus program. o Consider reaching out to First Baptist Church of Cupertino for permission to use their parking lot. o Consider coordinating with Hyde Middle School to combine walk to school routes and Walking School Bus leaders. 2. Implement a valet system at drop-off loops in the mornings. o This will decrease wait times for drivers. 3. Encourage crossing guard to continue holding groups of pedestrians prior to stopping traffic and allowing them to cross. o This can increase vehicle traffic flow. 325 Sedgwick Elementary Safe Routes to School Improvement Plan City of Cupertino | 3 4. In the school welcome packets, remind parents to not drop students off at intersections. 5. Install signs to make drop-off loops no-idling zones. o Remind parents of this in school welcome packets. 326 STAFF STAFF STAFF STAFF STAFFSTAFFInset BInset BInset AInset A Driveway AccessDriveway AccessGarbage StorageGarbage Storage Tantau A v e n u e Phil Lane7 6 5 4 3 2 1 Sedgwick Elementary School Safe Routes to School Improvement Plan Existing CrossingGuard Location Recommended Sidewalk Recommended Loading Zone Sign Recommended Curb Extension Phil Lane/Finch Avenue -Shift crosswalk across Phil Lane to make crosswalks perpendicular -Install ADA-compliant curb ramps Tilson Avenue/Tantau Avenue -Install ADA-compliant curb ramps on western corners -Install high-visibility crosswalks Phil Lane Drop-O -Widen sidewalk on Phil Lane -Install Loading Zone During School Hours signs on south side of Phil Lane between western drop-o loop driveway and Tantau Avenue -Refresh red curb between driveways -Trim bushes on western side of drop-o loop and bus loop exit Phil Lane/Tantau Avenue -Install ADA-compliant curb ramps -Install detectable warning surface at either end of median refuge Tantau Avenue/Barnhart Avenue -Replace existing beacon with Rectangular Rapid Flashing Beacon or other LED ashing beacon. -Install curb extension at intersection corners -Widen sidewalk on Tantau Avenue to match existing paint on street -Realign high-visibility crosswalk on Barnhart Avenue Tantau Avenue Drop-O -Reconstruct curb to make drop-o loop longer. Include driveway for maintenance vehicle access -Install sidewalk on southern end of driveway Shadygrove Drive/Ferngrove Avenue/Tantau Avenue -Install ADA-compliant curb ramps -Install school Assembly D signage on Tantau Avenue Recommended High-Visibility Crosswalk 0 200 ft Improvements not to scale Recommended Curb Ramp AHEAD Recommended School Assembly D Recommended Rapid Flashing Beacon Recommended Detectable Warning Surface 6 7 5 43 21 Phil Lane BarnhartAvenueFinchAvenue Tantau AvenueShadygrove Drive Sedgwick Elementary School See Inset ASee Inset A See Inset BSee Inset B AHEAD 327 MEMORANDUM 84 W Santa Clara Street, Suite 830 San José, CA 95113 (408) 564-8606 www.altaplanning.com City of Cupertino | 1 To: Chelsea Biklen and David Stillman, City of Cupertino From: Lola Torney, Alta Planning + Design Date: May 4, 2017 Re: Stevens Creek Elementary School Walk Audit Recommendations Introduction The City of Cupertino conducted a walk audit for Stevens Creek Elementary School with staff from Alta Planning + Design. The audit was held in the morning of March 15, 2017 to observe the morning arrival time at the school. A walk audit is an assessment of travel behaviors for drivers, bicyclists, pedestrians (both parents and students), developed by observing a school pick-up or drop-off period on and around school grounds. Walk audits provide insight into the specific barriers to walking and biking at each school. The assessment team included Alta Planning + Design staff; City of Cupertino staff, and concerned parents. The audit began with a discussion of current challenge areas and the types of issues to focus on for the walk audit. The team then observed student and parent travel activities during the drop-off period, and reviewed the immediate school zone area for quality of sidewalks, curb ramps, signage, and other engineering elements and patterns of activity. After the audit period was over, audit participants returned to discuss and document their findings on a large scale school area map. Based on observations and input provided by school staff, audit participants, and others, the project team developed recommendations which are presented for Stevens Creek Elementary School in a narrative and graphical format. This memo provides programmatic and project recommendations for Stevens Creek Elementary School. It includes both on-campus recommendations that can be implemented by the school district and off-campus improvements that can be implemented by the City. The map of recommended projects is attached to this memo. Existing Conditions Stevens Creek Elementary School is located on Ainsworth Drive between Via Camino Court and Varian Way. Typically, the drop-off area is located in the parking lot off of Ainsworth Drive. Staff parking also occurs in this lot. During the walk audit, this parking lot was under construction and only buses were allowed to enter. Student drop-off and pickup was moved to the east side of Ainsworth Drive in front of the school during this time. Buses enter the parking lot at drop-off loop, but move through to the northern parking lot. The school has elected to maintain this configuration indefinitely. Bicycle and pedestrian access is available from Ainsworth Drive and a back entrance via a path from Creston Drive. 328 Stevens Creek Elementary School City of Cupertino | 2 Project Recommendations 1. Hartman Drive/Ainsworth Drive o Encourage City of Los Altos to install a vertical centerline treatment on Ainsworth Drive.  This will discourage drivers traveling northbound on Ainsworth Drive from cutting the corner. o Encourage City of Los Altos to install sidewalks near intersection. 2. Bahl Street/Ainsworth Drive o Conduct crossing guard study. 3. Vista Knoll Boulevard/Bahl Street o Install high-visibility crosswalk across Vista Knoll Boulevard. o Install ADA-compliant curb ramp. o Install KEEP CLEAR marking in intersection. 4. Ainswroth Drive/Vista Knoll Boulevard o Install red curb between curb ramp and Varian Way. o Conduct stop sign warrant analysis on Vista Knoll Boulevard. 5. Varian Way o Improve existing speed bump.  Existing speed bump has been paved over and is no longer as effective. o Ensure vehicle gates in the Varian Park parking lot are closed at all times. o Install red curb north of parking. Program Recommendations 1. Encourage drivers to park along Creston Drive and walk to school via path. 329 Stevens Creek Elementary SchoolAinsworth DrVi s t a K n o l l B l v d Cre s ton D rVia Cam ino Ct Rivercrest Ct Hartman Dr Carta Blanca StBahl StKendle StVarian Way See Inset See Inset 1 2 3 4 5KEEPCLEARStevens Creek Elementary School Safe Routes to School Improvement Plan Hartman Drive/Ainsworth Drive -Encourage City of Los Altos to install a vertical centerline treatment on Ainsworth Drive -Encourage City of Los Altos to install sidewalks near intersection Bahl Street/Ainsworth Drive -Conduct crossing guard study Vista Knoll Boulevard/Bahl Street -Install high-visibility crosswalk across Vista Knoll Boulevard -Install ADA-compliant curb ramp -Install KEEP CLEAR marking in intersection Ainsworth Drive/Vista Knoll Boulevard -Install red curb between curb ramp and Varian Way -Conduct stop sign warrant analysis on Vista Knoll Boulevard Varian Way -Improve existing speed bump -Ensure vehicle gates in Varian Park parking lot are closed at all times -Install red curb north of parking 5 4 3 2 1 0 250 ft Improvements not to scale Recommended Curb Ramp Recommended High-Visibility Crosswalk RecommendedStop Sign Recommended CrossingGuard Location Recommended VerticalCenterline Treatment Updated Speed Bump Recommended Sidewalk Existing Bike Parking InsetInset CLEARKEEP330 CITY OF CUPERTINO Legislation Details (With Text) File #: Version:116-2034 Name: Status:Type:Reports by Council and Staff Agenda Ready File created:In control:10/4/2016 City Council On agenda:Final action:8/15/2017 Title:Subject: Report on Committee assignments and general comments Sponsors: Indexes: Code sections: Attachments: Action ByDate Action ResultVer. City Council8/15/2017 1 Subject: Report on Committee assignments and general comments Report on Committee assignments and general comments CITY OF CUPERTINO Printed on 8/9/2017Page 1 of 1 powered by Legistar™331