07-130 Nelson/Nygaard Consulting Assoc.
1 qo\
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
BY THISAGREEMENT, made and entered into this Z Sr~ day of () ('hki,- , 20..Q,1:, by and between the
CITY OF CUPERTINO (Hereinafter referred to as CITY) and Nelson/Nygaard Consulting Associates,
(Hereinafter referred as CONTRACTOR), in
consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Technical Memo Containing the Design of a Public Shuttle Serving Lincoln Elementary School, Kennedy
Middle School and Monte Vista High School
AGREEMENT
NO. tJOl;JSS-740
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Attachment A, "Scope of Work".
Attachment B, "Budget & Fee Schedule".
TERMS: The services and/or materials furnished under this Agreement shall commence on October 22,2007
and shall be completed before November 30, 2007.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump sum amount of $8,484.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00. ~ '!l"t
GENERAL TERMS AND CONDITIONS 'P'MIPiJ pn
Hold Harmless. Contractor agrees to save and hold harmless the City, Its officers, agents and employees from any an a~ '\ ~I~
to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of services under this
Agreement. City shall not be liable for acts of Contractor In performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of CIty's Director of Administrative Services. The City shall be added as an
additional Insured with respect to liability arising out of the operations of the Contractor at or upon any of the premises of the City. The Contractor's
insurance shall be primary.
Non-DiscrImination. No discrimination shall be made In the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It Is understood and agreed that this Agreement Is not a contract of employment In the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an independent contractor and Contractor is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of .the City. No changes or variations of any kind are
authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: David Stillman
DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CO~ ~
By ~_ _ \ .
Title ' .D
Soc. Sec. # or Tax 1.0.
CITY OF _':U.' PER"TIR../.,
By/"2~ p' -.. ____?
David Stillman, Senior Civil Engineer
$8,484.00
IIG':JU"I ".I9..'-U
consulting associates
785 Market Street, Suite 1300
San Francisco, CA 94103
(415) 284-1544 Fax: (415) 284-1554
October 17, 2006
Mr. David Stillman
10300 Torre Avenue
Cupertino, CA 95014-3232
Dear David:
We are pleased to offer the following proposal to conduct a design study and make
recommendations for Cupertino City Shuttles.
Project Team
For this project, we have assembled the following team, whose combined experience is well
suited to the task at hand:
Tim Payne, Principal and Project Manager, NN
Sarah Figliozzi, NN
Scope of Work
The scope of work and deliverables for this project are outlined in Attachment A.
Fees and Schedule
The proposed budget for this work is provided in Attachment B. Total budget for 58 professional
hours is $8,484 including all direct costs. 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 according to the fee schedule
in Attachment B. Such compensation shall be payable in the following manner:
. 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.
Additional Services
Please note that work items requested outside the Scope of Work outlined in this letter, such as
additional meetings may require a contract amendment. No additional work will be performed
without prior authorization.
Page A-1 . Nelson\Nygaard Consulting Associates
Cupertino City Shuttles - Scope of Work
CITY OF CUPERTINO
Attachment A
City of Cupertino
CUPERTINO CITY SHUTTLES
Ne/slln IIIYlIaarll
consulting associates
785 Market Street, Suite 1300, San Francisco, CA 94103
415-284-1544 Phone@1415-2840-1554FAX
emaiJ:' lpayne ne sonnygaar .com
CONTACT: TIM PAYNE, PRINCIPAL
Project Description
The City of Cupertino is experiencing morning peak hour traffic congestion on two city streets,
McClellan Road and Bubb Road. The City desires to find transportation demand management
solutions to mitigate the congestion. There are three closely spaced schools near the
intersection of these two streets. Currently no public transportation options exist for these
schools. The City wishes to conduct a trial shuttle program to assess the potential for reducing
traffic congestion by providing alternative access to the three schools. The primary purpose of
the shuttles would be to drop-off and pick-up students attending Monte Vista High School,
Kennedy Middle School and Lincoln Elementary School although the shuttles would also be
open to the general public. The shuttles would generally operate between 7-9 a.m. and 2-4
p.m. The purpose of this project is to provide design details for shuttle routes that the city will
use in the demonstration service.
Task 1: Project Initiation
Task 1.1 Scope of Work
We will finalize a scope of work and budget for the project
I Deliverable: Final Scope of Work
Task 2: Existing Conditions Analysis
Task 2.1 Data Collection & Analysis
Nelson\Nygaard will review existing documents provided by the city; such as student surveys,
school bell times, school attendance areas, traffic volumes, constraints on streets caused by city
ordinances, and other such data as may be necessary to fully assess and recommend route
designs, stops, and schedules.
The City has specified that the shuttles will operate on McClellan Road between Foothill and De
Anza and/or on Bubb Road between Rainbow and McClellan. While other routes may also be
Page A-3 . Nelson\Nygaard Consulting Associates
Cupertino City Shuttles - Scope of Work
CITY OF CUPERTINO
possible this scope of work is limited to designing shuttle routes to operate on those streets
only.
Task 2.2 Field Investigation
Nelson\Nygaard will conduct a field investigation of potential routes. The routes investigated will
be limited to those on McClellan Road between Foothill and De Anza and/or on Bubb Road
between Rainbow and McClellan. Field investigation will include, but not limited to:
· Observation of traffic conditions and running times of route alternatives during morning
and afternoon peak school commute period.
· Identification and resolution of constraints, such as locations where shuttles may turn
around, school drop-off locations, etc.
· Identification of bus stop locations considering where existing sidewalks and crosswalks
are located.
Task 3: Draft Recommendations
Task 3.1 Draft Technical Memo
Not later than November 5,2007, Nelson\Nygaard will deliver a draft technical memo containing
a full description of two independent scenarios one for shuttle operations on McClellan Road
and one for operations on Bubb Rd. Each of the two scenarios will contain, at minimum, the
following items necessary to complete the design of the shuttle demonstration project:
· Specific street by street descriptions and maps for each route including provisions to turn
vehicles around.
· Specific stop locations including recommendations for drop-off and pick-up zones at the
schools.
· Fixed schedules that will deliver students to school on time (i.e, within 15 minutes prior
to the first bell time, and no later than the bell time) and a schedule that encompasses
the various release times of each of the schools which vary by day of week.
· For each route and schedule, a determination of the number of shuttles needed to
operate the specified service but not more than six vehicles, total, for both scenarios, or
as mutually agreed upon with the City.
· For service scenario an approximate monthly cost to the City. Final costs for the
demonstration will be determined by the shuttle provider.
· Other such observations and recommendations as may be useful to the City in
conducting the demonstration project.
I Deliverable:
Draft Technical Memo.
Task 4: Final Recommendations
Nelson\Nygaard will consider comments by the City on the draft technical memo and will revise
and refine, as necessary, the final recommendations.
I Deliverable:
Final Recommendations
Page A-4 · Nelson\Nygaard Consulting Associates
Cupertino City Shuttles-Budget
CITY OF CUPERTINO
Attachment B
Budget & Fee Schedule
Nelson\Nygaard Proposed Budget
5% T alai
Mark Up Cost
@ ;~'
TOTAL
This cost proposal is valid for 90 days from date of
submittal. The billing rates above are effective through
December 31,2007 (Changes will not affect total
project cost or scope on a fixed fee contract).
Cost Reimbursement Charges
Travel costs are based on direct reimbursements for commercial transportation,
including vehicle rental. Costs for other commercial services (e.g., printing; computer
time, laboratory fees. materials and supplies) are billed as direct reimbursement costs.
A general and administrative charge of 5% will be added to all subcontractor and sub-
consultant costs.
8-5 . Nelson\Nygaard Consulting Associates