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12-009 Nelson/Nygaard Consulting Associates, Inc., Apple Campus 2 Planning Review Services AGREEMENT BETWEEN THE CITY OF CUPERTINO AND NELSON\NYGAARD CONSULTING ASSOCIATES, INC FOR CONSULTANT SERVICES FOR THE APPLE CAMPUS 2 :PLANNING REVIEW SERVICES THIS AGREEMENT, for reference dated February 1,2012, is by and between CITY OF CUPERTINO, a municipal corporation(hereinafter referred to as "City"), and Nelson/Nygaard Consulting Associates, a California corporation whose address is 116 New Montgomery Street, Suite 500, San Francisco, CA 94105 (hereinafter referred to as "Consultant"), and is made with reference to the following: 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. Consultant is specially trained, experienced and competent to perform the special services which will be required by this Agreement; and C. Consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services described in this Agreement on the terms and conditions described herein. D. City and Consultant desire to enter into an agreement for upon the terms and conditions herein. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The term of this Agreement shall commence on February 1,2012, and shall terminate on June 30,2012, unless terminated earlier as set forth herein. 2. SERVICES TO BE PERFORMED: Consultant shall perform each and every service set forth in Exhibit "A" which is attached hereto and incorporated herein by this reference. 3. COMPENSATION TO CONSULTANT: Consultant shall be compensated for services performed pursuant to this Agreement in the amount set forth in Exhibit '''A" which is attached hereto and incorporated herein by this reference. Payment shall be made by checks drawn on the treasury of the City,to be taken from the 110-2217fund. 4. TIME IS OF THE ESSENCE: Consultant and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Consultant agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Consultant intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Consultant, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Consultant's services. None of the benefits provided by City to its employees, including but not limited to, unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Consultant, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Consultant. Payments of the above items, if required, are the responsibility of Consultant. 6. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Consultant assumes any and all responsibility for verifying the identity and employment authorization of all of his/her employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Consultant shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Consultant. 7. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Consultant agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Consultant or Consultant's employee or subcontractor on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Consultant agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 8. HOLD HARMLESS: Indemnification: " A. Claims for Professional Liability. Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care, or is alleged to have breached or failed to meet such standard of care, Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability, claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. B. Claims for Other Liability. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Consultant shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole or active negligence or willful misconduct of City, its agents or employees. C. Claims involving intellectual properly. In addition to the obligations set forth in (A) and (B) above, Consultant shall indemnify, defend, and hold the City, its elected and appointed officers, employees, and volunteers, harmless from and against any Claim in which a violation of intellectual property rights, including but not limited to copyright or patent rights, is alleged that arises out of, pertains to, or relates to Consultant's negligence, recklessness or willful misconduct under this Agreement. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. 9. INSURANCE: On or before the commencement of the term of this Agreement, Consultant shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 10A, B, C, D and E. Such certificates, which do not limit Consultant's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days' advance written notice to the City of Cupertino by certified mail, Attention: City Manager." It is agreed that Consultant shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Consultant shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence $1,000,000 aggregate - all other Property Damage: $100,000 each occurrence $2,50,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$1,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automotive liability coverage in the following minimum limits: Bodily Injury: $500,000 each occurrence Property Damage: $100,000 each occurrence or Combined Single Limit: $500,000 each occurrence (4) Professional Liability: Professional liability insurance which includes coverage for the professional acts, errors and omissions of Consultant in the amount of at least$1,000,000. B. SUBROGATION WAIVER: Consultant agrees that in the event of loss due to any of the perils for which he/she has agreed to provide comprehensive general and automotive liability insurance, Consultant shall look solely to his/her insurance for recovery. Consultant hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Consultant or City with respect to the services of Consultant herein, a waiver of any right to subrogation which any such insurer of said Consultant may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Consultant at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Consultant's name or as an agent of the Consultant and shall be compensated by the Consultant for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: City, its City Council, boards and commissions, officers, employees and volunteers shall be named as an additional insured under all insurance coverages, except any professional liability insurance, required by this Agreement. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Consultant. Consultant is advised to confer with Consultant's insurance broker to determine adequate coverage for Consultant. 10. CONFLICT OF INTEREST: Consultant warrants that it is not a conflict of interest for Consultant to perform the services required by this Agreement. Consultant may be required to fill out a conflict of interest form if the services provided under this Agreement require Consultant to make certain governmental decisions or serve in a staff capacity as defined in Title 2, Division 6, Section 18700 of the California Code of Regulations. 11. PROHIBITION AGAINST TRANSFERS: Consultant shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Consultant from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Consultant. The sale, assignment,transfer or other disposition of any of the issued and outstanding capital stock of Consultant, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Consultant is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Consultant, shall be construed as an assignment of this Agreement. Control means fifty percent(50%) or more of the voting power of the corporation. 12. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names and resumes are attached to this Agreement shall be used in the performance of this Agreement. In the event that Consultant employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general, automobile and professional liability insurance in reasonable conformity to the insurance carried by Consultant. In addition, any work or services subcontracted hereunder shall be subject to each provision of this Agreement. 13. PERMITS AND LICENSES: Consultant, at his/her sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses including, but not limited to, a City Business License, that may be required in connection with the performance of services hereunder. 14. REPORTS: A. Each and every report, draft, work product, map, record and other document, hereinafter collectively referred to as "Report", reproduced, prepared or caused to be prepared by Consultant pursuant to or in connection with this Agreement, shall be the exclusive property of City. Consultant shall not copyright any Report required by this Agreement and shall execute appropriate documents to assign to City the copyright to Reports created pursuant to this Agreement. Any Report, information and data acquired or required by this Agreement shall become the property of City, and all publication rights are reserved to City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. B. All Reports prepared by Consultant may be used by City in execution or implementation of: (1) The original Project for which Consultant was hired; (2) Completion of the original Project by others; (3) Subsequent additions to the original project; and/or (4) Other City projects as appropriate. C. Consultant shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. D. All Reports required to be provided by this Agreement shall be printed on recycled paper. All Reports shall be copied on both sides of the paper except for one original, which shall be single sided. E. No Report, information or other data given to or prepared or assembled by Consultant pursuant to this Agreement shall be made available to any individual or organization by Consultant without prior approval by City. 15. RECORDS: Consultant shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Consultant shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Consultant shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts therefrom as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract o failure to act in good faith,then Consultant shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 16. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail,postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Consultant to City shall be addressed to City at: City of Cupertino 10300 Torre Ave. Cupertino CA 95014 Attention: Gary Chao, City Planner All notices, demands, requests, or approvals from City to Consultant shall be addressed to Consultant at: Nelson/Nygaard Consulting Associates,Inc 116 New Montgomery Street, Suite 500 San Francisco, California 94105 Attn: Jeffrey Tumlin 17. TERMINATION: In the event Consultant fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Consultant shall be deemed in default in the performance of this Agreement. If such default is not cured within the time specified after receipt by Consultant from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Consultant written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven(7) days'prior written notice to Consultant as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 18. COMPLIANCES: Consultant shall comply with all state o:r federal laws and all ordinances, rules and regulations enacted or issued by City. 19. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 20. ADVERTISEMENT: Consultant shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 21. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein shall not be deemed to be a waiver of any subsequent breach of the same or any other term, covenant, or condition contained herein, whether of the same or a different character. 22. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Consultant. 22. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 23. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed. CONSULTANT CITY OF CUPERTINO Nelson/Nygaard Consulting A Municipal Corporation Associate Inc. , s n, Aof By I hunt-►tJ ir3T Gary Chao Title f �e %ftd— Title City P er Date 11 141X) Date 2/ 1 ?'OI�-- RECOMMENDED FOR APPROVAL: C: By Aarti Shrivastava Title Community Development Director AP' ' •VET S TO FORM: By h ■ Carol Korade, City Attorney A C�GnM- QC7� Iii. , City Clerk f 6-race Sid¢ EXHIBIT "A" NELSON NYGAARD Gary Chao City Planner City of Cupertino Cupertino, CA December 16, 2011 (Revised 2/1/12) Dear Gary: We are pleased to offer the following proposed scope for planning review services on the Apple Campus 2 project. Project Team For this project, we have assembled the following Team, whose combined experience is well suited to the task at hand: Jeff Tumlin, Principal, will act Principal-in-Charge Jeremy Nelson, Principal, will serve as Project Manager Colin Burgett, Principal, will serve as Strategic Advisor on traffic engineering/modeling Michael Moule, Principal, will serve as Strategic Advisor on bicycle and pedestrian infrastructure Magnus Barber, Associate, will serve as Project Planner Other Nelson\Nygaard professional planning staff and technical support/admin staff will work on the project in an as-needed role. Scope of Work The scope of work and deliverables for this project are outlined in Attachment A. Fees The proposed budget for this work will be $45,000 for core scoped tasks, with a $15,000 contingency budget, for a total not-to-exceed amount: of $60,000. The contingency budget will only be utilized with Client written authorization, and will be used for optional tasks such as detailed peer review of traffic analysis and TRIA (Trip Reduction Impact Analysis) estimates as described in the Scope of Work below and/or to account for unforseen additional work you may request from us (such as additional analysis or meetings/presentations),. Please note that we bill our work on a time and materials basis, so that you will pay only for the hours you actually use. Our services will be billed monthly on a time-and-materials basis. Such compensation shall be payable in the following manner: 116 NEW MONTGOMERY STREET, SUITE 500 SAN FRANCISCO, CA 94105 415-284-1544 FAX 415-284-1554 www.nelsonnygaard.com • Within 30 days of receipt, the amount set forth in the monthly statements submitted to Client by Consultant. These statements will describe the services rendered, fees charged and expenses incurred by Consultant during the previous month. • Upon Client's failure to pay within 60 days of receipt the full amount set forth in any monthly statement submitted to Client by Consultant, the unpaid balance will bear interest at the rate of 1.5% per month until the unpaid balance plus interest is paid in full. Client shall not be obligated to pay any interest that would exceed the maximum lawful rate. • Upon Client's failure to pay within 90 days of receipt the full amount set forth in any monthly statements submitted to Client by Consultant, the Consultant-at our sole discretion - reserves the right to initiate any of the following actions: o Immediately stop work on the project. o Withhold any pending work product from the Client until past due amounts are paid in full. o Not resume work on the project or complete pending work product until past due amounts are paid in full. o Pursue appropriate legal action to recover past due amounts. The schedule of billing rates for work undertaken as part of this project is provided below, effective through June 30, 2012. Total Billing Title Base Rate Overhead Profit Rate t f(i Principal X $118.94 $166 51 $28.54 $314.00 Principal IX $110.98 $155 37 $26.64 $293.00 Principal VIII $94.70 $132.57 $22.73 $250.00 Principal VII $84.09 $117.72 $20.18 $222.00 Principal VI $75.38 $105.53 $18.09 $199.00 Principal V $70.84 $99.17 $17.00 $187.00 Principal IV $64.77 $90.68 $15.55 $171.00 Principal III $60.61 $84.85 $14.55 $160.00 Principal II $56.06 $78.48 $13.45 $148.00 Senior Associate II $51.89 $72.65 $12.45 $137.00 Senior Associate I $49.63 $69.48 $11.91 $131.00 Associate Project Planner $45.46 $63.64 $10.91 $120.00 GIS $45.46 $63.64 $10.91 $120.00 Creative Services $45.46 $63.64 $10.91 $120.00 Associate II $36.74 $51.44 $8.82 $97.00 Support (Admin, Pubs, etc) $36.74 $51.44 $8.82 $97.00 Associate I $26.52 $37.12 $6.36 $70.00 Intern $18.18 $25.45 $4.36 $48.00 • Nelson\Nygaard Consulting Associates Inc. • Page 2 Additional Services Please note that work items requested outside the Scope of Work outlined in this letter and beyond the resources of the contingency budget may require a contract amendment. No additional work will be performed without Client's prior written authorization. Authorization If this proposal is acceptable, you may indicate approval by signing in the space provided below and returning the original for our files. Alternatively, you may issue a purchase order or consultant contract with this proposal attached as an exhibit. This proposal is valid for 90 days from the date of this letter. If you have any questions, please do not hesitate to call me at (415) 284-1544. Sincerely, TZajg,,o • Paul Jewel, COO AGREED For Nelson\Nygaard: (PeZajew,_c Paul Jewel COO 2/1/12 Name Title Date AGREED for Client: Name Title Date NelsonlNygaard Consulting Associates Inc. • Page 3 Proposed Scope of Work Project Understanding: Nelson\Nygaard proposes the following scope of work for our planning review of the Apple Campus 2 project to look for opportunities to better facilitate circulation for all modes of transportation. Potential CEQA mitigation measures related to connectivity and trails will be evaluated, with a starting point in General Plan policies covering connectivity and trails. We understand that Apple already has a successful transportation program in place and has a reasonably low mode share of drive-alone commuters by Silicon Valley standards; and yet they have ambitions to continue improving transit and active transportation options to entice still more employees. With approximately 14,200 employees moving to the new Apple Campus 2, and the site planning and facility design still under development, now is an excellent time to understand the transportation challenges presented by the development and to identify and evaluate campus connectivity for an array of sustainable transportation solutions. The physical study area is generally bounded by Homestead Road to the north, Tantau Avenue to the east (also the Santa Clara city boundary), Stevens Creek Boulevard to the south, and Wolfe Road to the west. However, connections for active transportation to the existing Infinite Loop campus along surface streets and the potential for trail development along the Calabazas Creek in the Santa Clara Valley Water District culverts will also be considered. This work approach is based on our team's significant experience working on campus transportation plans, transportation demand management plans, transit and active transportation combined with a solid foundation in traffic engineering and focus on implementation. Amongst others, Nelson\Nygaard has developed transportation programs for Genentech (South San Francisco) and Microsoft (Redmond). We believe it will cost-effectively meet the City's goals for this study, and have included what we believe is a level of detail to clearly demonstrate how we would undertake all of the activities discussed with the City. However, our first task would be to review and confirm this scope of work in conversation with the City and Apple (and adjust budget allocations by task or by firm if directed by City staff) to make sure the final work plan aligns with the City's vision and the resources available for this study. This scope assumes that all deliverables will be submitted electronically in Adobe Acrobat PDF format to the City's project manager, although the Nelson\Nygaard team can provide deliverables in their native file format (e.g. Microsoft Word, Excel, etc.) if desired by the City. Nelson\Nygaard can also create additional electronic copies on labeled CDs or produce hard copies of any or all deliverables if desired by the City, on a time and materials basis, with the written authorization of the City's project manager. Task 0 Project Management, Client Communication, and Team Meetings Nelson\Nygaard will provide comprehensive project management and responsive client communication throughout the duration of the project. In addition, Key Nelson\Nygaard staff will attend all appropriate team meetings at the determination of the City's project manager, including up to six (6) team meetings via telephone or video conference call and four (4) in person meetings.' 1 As of 1/23/12,the Nelson\Nygaard team has already attended one in-person meeting,and will attend up to three additional in- person meetings. Nelson\Nygaard Consulting Associates Inc. • Page 4 Task 1 Project Orientation 1.1 Project Initiation and Kickoff Meeting To initiate the project, Nelson\Nygaard will convene a kickoff meeting as described below. We are ready to convene this kick-off meeting and initiate the project as soon as we receive a notice to proceed. This meeting (or two meetings) with City and/or Apple Campus Design Team staff will be to confirm project goals and the proposed work plan and schedule. In particular, this meeting will allow the Nelson\Nygaard team to review—in conversation with City staff—the key existing policies and practices, including General Plan policies related to connectivity & trails. NelsonlNygaard will keep all data and information provided by City and Apple in strict confidence. 1.2 Review Background Documents To ensure that we have a comprehensive understanding of existing conditions, planning work completed to date, and community and Apple goals and aspirations for access, mobility, and development, Nelson\Nygaard will complete a detailed review of background documents and data. We will work with the City to accomplish this essential first-step in the planning process by obtaining and reviewing all documents and data that we are aware are available and relevant to the project. Background information relevant to this project may include data, plans, reports, and other documents as identified during the kickoff meeting, such as: • General Plan policies related to circulation and trails • Relevant neighborhood and project-related traffic and parking studies • Apple employee transportation program • Fehr and Peers Traffic Impact Analysis These steps will allow us to evaluate the current policy and regulatory framework for the study area. Nelson\Nygaard Consulting Associates Inc. • Page 5 Outcome(s): Develop a shared understanding of the desired goals, scope and deliverables of the Apple Campus 2 planning review. Data Need(s): Any additional relevant Campus site plans, concept designs, including traffic engineering projections. Campus development schedule. City or corporate sustainability vision and goals for the new campus that relate to transportation and parking. Any relevant documents from public regulatory, entitling, or supporting agencies including: Planning, Valley Transportation Authority (VTA), and others as appropriate. Meeting(s): Late January/early February 2012: Up to two (2) in-person meeting with key members of City Project Team and/or Apple Campus Design Team. Deliverable(s): A refined and confirmed description of goals, scope, schedule, (including scheduled meetings and attendees), any additional data needs, and deliverables. Est. Completion 2/3/12 Date: Task 2 Multimodal Circulation and Access Study 2.1 Existing Conditions To make effective recommendations, we must first develop an understanding of current conditions for bicycles, pedestrians, transit riders and vehicles around the project site. Of equal importance will be understanding Apple's transportation program, and any changes they plan to implement in order to meet their ambitious goals for transit and active transportation. The project site will also be thoroughly studied, considering surrounding land uses, natural resources, and connectivity. • Apple Transportation. What existing commuter programs does Apple provide to incentivize non-auto commuting? Employer-run shuttles, transit subsidies, showers and lockers for cyclists? • Public transit. The campus has bus stops along the perimeter for several VTA routes. Public transit has the potential to supplement employer shuttles, depending on where employees are commuting from. In addition, opportunities for providing enhancements to existing fixed-route transit connections to create a high-capacity transit spine in the vicinity of the proposed campus in line with City and VTA long-range plans will be explored. • Connectivity. o Bicycle infrastructure and access. o The pedestrian experience, particularly related to the campus perimeter. Nelson\Nygaard Consulting Associates Inc. • Page 6 • Surrounding land uses. The campus is surrounding by a lot of residential development, but also some retail south of 280. Of particular interest are local destinations that employees might access to run errands. Connectivity will look at the campus and connections at immediately adjacent surface streets (Tantau, Wolfe, Homestead, and Stevens Creek), but also at facilities in the broader campus area. Of particular interest are connections along surface streets to the existing Apple Campus, less than two miles away, 280 freeway crossings, and the potential to develop a trail along Calabazas Creek. This is a good time to consider whether the Calabazas Creek could be developed as a regional transportation asset in a similar way to other creeks like the Stevens Creek Trail. While there would be significant challenges in developing the trail -such as varying right of way in which a trail might be accommodated, parts of the trail that are in culverts, road crossings, seasonal high water flows—these challenges have already been solved in other locations and are not insurmountable. A challenge specific to the Apple campus would be managing security— ideally there would be an access point for Apple employees, rather than requiring users to exit at a main gate and follow the campus perimeter to the public trail entrance. Opening the Creek to the public and encouraging a constant stream of"eyes on the street" might be more secure than limiting access. In return, a Calabazas Creek trail would provide active transportation connections to many important destinations within Cupertino such as City Hall, the high school, downtown, and the mall just south of 280, as well as opening up a wildlife and natural resource. The connections would benefit Apple employees both for commuting and recreation, as well as the public in general. As a part of this task, Nelson\Nygaard will develop conceptual graphics, as appropriate, to portray existing conditions regarding transportation, general connectivity, and surrounding land uses.2 2.2 Recommendations Based on our review of existing transportation and circulation networks at the project site, Apple's commuter program, the campus development plan, and possibly Fehr and Peers traffic analysis (see Optional Task 3), we will develop a list of conceptual strategies that could be employed to better facilitate circulation for all modes. The recommendations will include potential CEQA mitigation measures, as well as possible transit enhancements and changes to pedestrian crossing times. We will then work with City staff to screen this list to develop a priority list of strategies that will be developed with a focus on technical, phasing and implementation details. As a part of this task, Nelson\Nygaard will develop additional conceptual graphics, as appropriate, to display recommendation concepts.3 2 Such graphics do not include construction/engineering drawings,which could be developed if requested by City staff through use of the contingency budget. 3 Such graphics do not include construction/engineering drawings,which could be developed if requested by City staff through use of the contingency budget. Nelson\Nygaard Consulting Associates Inc. • Page 7 Outcome(s): Develop a shared understanding of preliminary feasibility of priority transportation strategies to meet existing and future transportation needs of the Apple campus. Data Need(s): No additional data needs are anticipated at this time, beyond those identified in Task 1. Meeting(s): Late February: One (1) in-person meeting with the City project team and/or Apple Campus Design team is included, to discuss the conceptual strategies and define the priority strategies. The budget includes up to two (2) site visits. Deliverable(s): Recommended Circulation Improvements memorandum. Est. Completion 2/17/12 Date: Task 3 Optional: Peer Review of Project Traffic Analysis Nelson\Nygaard will provide peer review of the traffic engineering analysis carried out by Fehr and Peers. Nelson\Nygaard's multidisciplinary approach - incorporating experience in transit, bicycle and pedestrian planning, and transportation demand management, in addition to engineering —will seek to identify potential ways in which the impacts of campus commuters can be mitigated without adding excessive vehicle lanes such that conditions for transit and active transportation are not degraded. Particular attention will be paid to the main campus entrance, or gateway, at N Wolfe Road and Pruneridge Avenue, where significant widening has been proposed to accommodate additional turn lanes. The key elements of our approach would include: 1) Review of Fehr and Peers' travel demand forecast, and provide our recommendations concerning the trip rates and assumptions used. We could also include an assessment of potentially achievable TDM reductions, so from our input the City would have a "base case" and "plus TDM" forecast of potential traffic levels. From this, we could provide input on the number of lanes required for access to the project from the main entrance. 2) Review of Traffic Count Data: if Fehr and Peers' study is not available yet, we could provide some initial recommendations based on the baseline traffic count data (and prior model forecasts) for the streets in the area. 3) Review of Traffic Analysis: upon receipt of Fehr and Peers' study, we could review the assumptions concerning the number of lanes, traffic signal cycles and phasing, etc. This can answer 2 of the question about the number of lanes in and out of the Apple Campus. Nelson\Nygaard Consulting Associates Inc. • Page 8 Outcome(s): Focused review and shared understanding of forecasts and assumptions, and the development of initial recommendations specific to the Apple Campus Data Need(s): No additional data needs are anticipated at this time, beyond those identified in task 1. Meeting(s): One (1) meeting with City and Fehr and Peers Deliverable(s): Peer Review memorandum. Est. Completion To be determined (based on notice to proceed for this Date: optional task) Task 4 Optional: Parking and Transportation Demand Management Nelson/Nygaard will prepare a technical memorandum on best practice approaches to parking and transportation demand management (TDM), informed by the analysis in Task 2 and focusing on examples of lessons relevant to Cupertino and Apple. The memorandum will present an analysis of strategies that Nelson\Nygaard believes to be feasible for the campus, based on our experience developing parking and transportation demand management plans for both cities and corporate clients. The initial recommendations will address all relevant aspects of parking standards, management, and operations to fully respond to stakeholder concerns, and include a set of multimodal performance measures that can be used to track progress. Based on City staff direction and consultant professional judgment, initial recommendations will cover topics such as: • Managing parking so that it is available to those who need it, while encouraging commute alternatives • Ensure that California parking cash-out law is being enforced, as appropriate • A transportation demand management toolbcx of strategies, that can complement Apple's existing programs and build on existing successes Nelson\Nygaard Consulting Associates Inc. • Page 9 Outcome(s): Focused recommendations tailored for parking and transportation demand management specific to the Apple Campus Data Need(s): No additional data needs are anticipated at this time, beyond those identified in task 1. Meeting(s): One (1) meeting with City and Apple Campus Design Team staff Deliverable(s): Parking and transportation demand management memorandum. Est. Completion To be determined (based on notice to proceed for this Date: optional task) Task 5 Draft & Final Report Nelson\Nygaard will compile all analysis and recommendations into a comprehensive Draft Report that addresses previous deliverables and feedback from City staff, Apple, and other project stakeholders. The report will be written in a concise and clear style that will incorporate appropriate visual graphics to ensure that it is a user-friendly document. Based on a single set of non-conflicting comments from City staff on the Draft Report, Nelson\Nygaard will create a Final Report. Outcome(s): A set of concise and implementation-focused recommendations to assist the City and Apple in the final stages of Apple Campus 2 development and designing transportation programs that meet the needs of employees and the surrounding community. Data Need(s): No additional data needs are anticipated at this time, beyond those identified in Task 1. Meeting(s): Late February: One (1) meeting with City and/or Apple Campus Design Team staff Deliverable(s): A draft and final report incorporating all analysis from the planning review process. Est. Completion Draft Report: 2/24/12 Date: Final Report: 3/9/12 (2 weeks for project team review/comments and NN revisions) Neilson\Nygaard Consulting Associates Inc. • Page 10 A`c•R°°® CERTIFICATE OF LIABILITY INSURANCE DATE 11-22-2011 THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONALINSURED,the policy(ies) must be endorsed. 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THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 877-921-8900 CONTACT NAME: Marina Associates 877-921-8903 PHONE FAx license no 0622305 E MAILo Ext) (A/C,No): PO Box 411016 ADDRESS: San Francisco,CA 94141-1016 PRODUCER CUSTOMER CUSTOMER ID#: INSURER(S)AFFORDING COVERAGE NAIC# INSURED Nelson Nygaard WSURER A:Landmark Consulting Assoc,Inc. 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