13-186 LSA Associates, Inc., Consultant Services for Preparation of the Environmental Impact Report for the Apple Campus 2 Project OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENU= • CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupert no.org
CUPERTINO
November 27, 2013
LSA Associates, Inc.
2215 Fifth Street
Berkeley, CA 94710
Re: Agreement
Enclosed is a fully executed original copy of your agreement with the City of Cupertino.
If you have any questions or need additional information, please contact the
Community Development Department at (408) 777-3308.
Sincerely,
Dorothy SteeiWot t
Senior Office Assistant
cc: Planning
Enclosure
AGREEMENT BETWEEN THE CITY OF C'UPERTINO AND LSA ASSOCIATES, INC,
FOR CONSULTANT SERVICES FOR PREPARATION OF THE ENVIRONMENTAL
C 41-�-_._�._,_' IMPACT REPORT FOR THE APPLE CAMPUS 2 PROJECT
IS AGREEMENT, for reference dated October 15th,2103,is by and between
TY OF CUPERTINO, a municipal corporation (hereinafter referred to as"City"), and
LSA Associates,Inc, a California corporation, whose address is 2215 Fifth Street,
Berkeley, CA 94710(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 ONE
HUNDRED NINETEEN THOUSAND TWO HUNDRED SIXTY DOLLARS($119,260)
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 October 15th,2013, and shall
terminate on December 315f,2014,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 not to exceed ONE HUNDRED NINETEEN THOUSAND
TWO HUNDRED SIXTY DOLLARS($119,260) 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 110-7301-9327 fund.
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.
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.
8. 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.
9. HOLD HARMLESS:
Indemnification:
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, whether
physical, emotional, consequential or otherwise, arising out, pertaining to, or
related to the performance of this Agreement by Consultant or Consultant's
employees, officers, officials, agents or independent contractors. Such costs and
expenses shall include reasonable attorneys' fees of counsel of City's choice,
expert fees and all other costs and fees of litigation.
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 property. 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.
10. 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 9A,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: 31500,000
each occurrence
$1,000,000
Eggregate- 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:
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.
11. 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.
12. 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.
13. SUBCONTRACTOR APPROVAL:
Unless prior written consent from Cit-Y is obtained, only those people and
subcontractors whose names and resumes art?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.
14. 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.
15. REPORTS:
A. Each and every report, draft, v7ork 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 ,end 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.
16. 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 or failure to act in
good faith, then Consultant shall reimburse City for all reasonable costs and expenses
associated with the supplemental examination or audit.
17. NOTICES:
All notices, demands, requests or approvals to be given under this Agreement
shall be given in writing and conclusively shell 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.
Cu 3. ertino CA 95014
Attention:Aarti Shrivastava
All notices, demands, requests,or approvals from City to Consultant shall be
addressed to Consultant at:
LSA Associates, Inc
2215 Fifth Street
Berkeley,CA 94710
Attn: Adam Weinstein
18. 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 within the
time specified after receipt by Consultant frorn 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.
19. COMPLIANCES:
Consultant shall comply with all state or federal laws and all ordinances, rules
and regulations enacted or issued by City.
20. 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.
21. 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.
22. 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.
23. 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.
24. 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.
25. CAPTIONS:
The captions in this Agreement are fo:r 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
A Municipal Corporation
LSA Associates,Inc
By 0
Title I'iu G osh, Senior Planner
Date f/ZI 2 /3 Date I( I l I?
I:ECOMMENDED FOR APPROVAL:
Aarti Shrivastava,Director
Community Development Department
APPROVED AS TO FORM:
Carol Korade, City Attorney
ATTEST:
i
re,,' Grace Schmidt,Ci y Clerk
Attachments
Exhibit A—Scope of Work
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
110-7301-9327 $119,260 G/ G
PO # 4)a?)s-p� 2
L A 62 ASSOCIATES, INC. BERKELEY IRVINE ROC LUIS 1
J' G218 SIXTH AVENUE NW 206.906.96'LO TEL CARLSBAD PALM SPRINGS SAN LUIS OBISPO
SEATTLE. WA 98107 FORT COLLINS POINT RICHMOND S. SAN FRANCISCO
FRESNO RIVERSIDE
Aarti Shrivastava and Phu Ghosh
City of Cupertino
Community Development Department
10300 Torre Avenue
Cupertino,CA 95014
Subject: Amendment 5 to Apple Campus 2 Project Environmental Impact Report(EIR) Scope
of Work and Budget
Dear Aarti and Piu:
This letter identifies a scope and budget augment request(Amendment 5)to conduct the following
out-of-scope tasks associated with preparation of the Apple Campus 2 Project EIR:
• Task 1. Publish Additional Paper Copies ofthe Draft EIR
• Task 2. Attend City Council Member Briefings
• Task 3. Undertake Additional Transportation-related Tasks
• Task 4. Expedite Response to Comments Document Preparation
These tasks were developed in consultation with City staff and are described in more detail below.
Task 1. Publish Additional Paper Copies of the Draft EIR. LSA's June 28,2011 scope of work
assumed preparation of 25 paper copies of the Draft EIR. LSA ultimately provided a total of 60 paper
copies of the Draft EIR(including 50 copies for City distribution and 10 copies for the applicant
team), or 35 copies beyond the number assumed i i our initial scope of work. The materials cost of
each paper copy of the Draft EIR is $100(due prh narily to the large number of color graphics). LSA
Budget=$3,500.
Task 2.Attend City Council Member Briefings. On July 16, 2013 LSA's Project Manager,Adam
Weinstein, attended briefings at City Hall with City staff and two City Council members. This task
required approximately 8 hours of Project Manager staff time, including meeting preparation(a brief
review of the Draft EIR), meeting attendance,and travel time. LSA Budget=$1,120.
Task 3.Undertake Additional Transportation-related Tasks. Fehr& Peers Transportation
Consultants(F&P)have completed numerous out-of-scope transportation-related tasks at the request
of the project team due to the evolving nature of the Transportation Impact Analysis and the desire by
the project team to provide an exhaustive analysis of circulation and traffic issues. These out-of-scope
tasks range from updating the analysis of Background Conditions to reflect January 2013 conditions
(deemed warranted due to a pause in the Draft EIR schedule associated with refinements to the
project in 2012)to the preparation of conceptual roadway improvement designs at select locations(to
I'L ANNING I ENVIRONMENTAL SCIENCES 1 DESIGN
LSA ASSOCIATES. INC.
assist the City in evaluating mitigation measures and project sponsor contributions to such
improvements)to attending meetings with various agencies after publication of the Draft EIR
(including C:altrans,the Santa Clara Valley Transportation Authority/Santa Clara County,and the
cities of Sunnyvale and Santa Clara). Please refer to the attached memorandum (Additional Services
#4 for the Transportation Impact Analysis(TIA)fir the Proposed Apple Campus 2 in Cupertino,
California)dated July 18, 2013, for a detailed description of Task 3 and a detailed budget. This task
also includes 12 hours of LSA Project Manager time and 8 hours of LSA Principal time for
coordination with Fehr& Peers and City staff on the out-of-scope tasks conducted as part of Task 2.
Total Task.3 Budget=$97,040(LSA Budget $?,240; F&P Budget=$93,800).
Task 4. Expedite Response to Comments Document Preparation. At the request of Apple,the
City and LSA reduced the schedule for preparation of the Response to Comments Document
(including all interim drafts) from approximately 11 weeks to a total of approximately 8 weeks. To
undertake as much up-front assembling/organization of comment letters as possible(prior to the end
of the 45-day Draft EIR public review period),and to assist in research,writing, and production tasks
to meet the expedited schedule,LSA integrated Kelly Bray,Assistant Planner, into the EIR team. We
have budgeted for Kelly to dedicate approximately 20 hours a week to the project during the
approximately l 1-week Response to Comments Document preparation period(some of these hours
will be used prior to the end of the 45-day review period). Kelly Bray's billing rate is$80/hour. LSA
Budget=$117.600.
TOTAL BUDGET=$119,260(including$25,450 LSA budget and$93,800 F&P budget).
We look forward to continuing to assist you in the environmental review of the Apple Campus 2
Project.
Sincerely,
LSA ASSOCIATES, INC.
IMA
Adam Weinstein,AICP Judith H. Malamut,AICP
Associate Principal
FEHR � PEERS
July 18, 2013
Adam Weinstein,AICP
LSA Associates, Inc.
2215 Fifth Street
Berkeley, CA 94710
Re: Additional Services #4 for the Transportation Impact Analysis (TIA) for the Proposed Apple
Campus 2 in Cupertino, California SJ11-1272
Dear Adam:
This letter presents the scope of work, fee, and schedule for a contract amendment for additional services
conducted for the above-referenced project. In preparation of the Final Transportation Impact Analysis
(TIA) and Draft Environmental Impact Report (EIR) circulation section we have conducted the following
tasks not included in our original scope of work nor previous amendments:
1. Developed the Transportation Demand Management (TDM) Monitoring Plan (including multiple
rounds of comments and revisions)
2. Updated Background Conditions based on new information available as of January 2013
3. Updated Alternative Background Conditions
4. Coordinated with Nelson\Nygaard to incorporate multi-modal improvements, including attending
meetings and reviewing and commenting on several versions of their memorandum report
5. Worked with City and Apple project team to refine conceptual designs for bicycle and pedestrian
improvements around project site
6. Prepared additional VISSIM runs and modifications to respond to City requests
7. Prepared and submitted Draft#2, Screen Check, and Final TIA
8. Prepare and submitted Draft#1, Draft#2, Screen Check, and Final Circulation Section for inclusion
in EIR
9. Prepare supplemental conceptual designs anc evaluations at select locations
10. Attended additional meetings and numerous conference calls
Our Scope of Work for each of these tasks items along with the fee are presented in this letter.
SCOPE OF WORK
Fehr& Peers completed the following tasks:
160 West Santa Clara Street, Suite 675, San Jose CA 95113 (408)278-1700 Fax(408)278-1717
www.fehranclr,eers.com
Adam Weinstein F E H R t P E E R S
July 18,2013
Page 2 of 4
1. Developed TDM Monitoring Plan
As part of our scope of work we have evaluated thE� effects of additional TDM measures on identified
intersection and freeway impacts and evaluated how the increase in non-single occupant vehicle travel
from 28 percent to 34 percent would affect the parking demand for the site. To ensure that the 34 percent
TDM participation rate will be met, Fehr & Peers worked with the City to develop a detailed TDM
Monitoring Plan. This included review of similar TDM plans in other jurisdictions, evaluating different fee
structures for non-compliance, and working with the City to develop plan that met City objectives and is
defensible from a CEQA standpoint. The close coordination with the City required multiple rounds of
comments and revisions.
2. Updated Background Conditions
As part of our original scope of work we developed a Background scenario that included approved but
not yet built or occupied developments. The Background scenario was based on data from January 2012
(near the date of the original NOP). To ensure that the most recent information was presented in the
transportation analysis, the City requested that we update the Background scenario based on January
2013 information. We updated the TRAFFIX network with the January 2013 information and re-evaluated
LOS for the 52 study intersections and 10 freeway segments. This updated information affected the
analysis of Project Conditions and Cumulative Conditions as well.
3. Updated Alternative Background Conditions
The update in the Background assumptions (see --ask 2) required that the Alternative Background
Scenario be re-evaluated as well. In the Alternative Background scenario the site is assumed to be at its
current maximum occupancy (9,500 employees versus the current occupancy of 4,844 employees). We
updated the TRAFFIX network with the January 2013 information and re-evaluated LOS for the 52 study
intersections and 10 freeway segments and updated Chapter 12 of the TIA.
4. Coordinated with NelsonINygaard
The City of Cupertino hired Nelson\Nygaard (N\N) to conduct a supplemental multi-modal assessment for
the Apple Campus 2 project. The City requested that we coordinate with N\N to ensure that their
recommendations were consistent with the TIA and to incorporate specific recommendations from the
N\N report into the TIA. This required several meetirgs and conference calls with N\N and City staff, as
well as time to review and submit comments on several drafts of N\N report; all of which were not part of
our original scope of work.
5. Refined Bicycle and Pedestrian Improvements
Our original scope of work included time to evaluate pedestrian and bicycle improvements around the
project site.We completed this task as part of preparing our July 2012 Draft TIA. However, in January 2013
we received an updated project submittal that included modifications to the bicycle and pedestrian
improvements around the project site. We re-evaluated the proposed bicycle and pedestrian
improvement plans and made recommendations tc ensure that the improvements met state-of-the-
Adam Weinstein F E H R- ' PEERS
July 18,2013
Page 3 of 4
practice designs. This included review of several project submittals and an in-person meeting with Alta
and the project team to discuss specific recommendat ons and changes.
6. Prepared Additional VISSIM Analysis
Since receipt of the January 2013 project submittal updates, we have worked with the City to refine our
VISSIM analysis, which included sensitivity analyses tc evaluate the number of through lanes on both the
Wolfe Road and Tantau Avenue I-280 overcrossinas, proposed changes to Vallco Parkway roadway
geometries, assessment of proposed mitigation measures at intersections, and preparation of the final
VISSIM memorandum to summarize the findings from the VISSIM analysis.
7. Prepared and Submitted Draft TIA #2
After receipt of the January 2013 project submittals we prepared several rounds of updates to the TIA to
include analysis components outlined above and to -eflect the new project components. Additional TIA
submittals not included on our scope of work include:
• Draft TIA,January 2013
• Screen check TIA, May 2013
• Final TIA for inclusion in Draft EIR,June 2013
Our original scope of work included one round of corments to the Draft TIA, which was completed as
part of the January 2013 TIA submittal.
& Prepared and Submitted Circulation Section of Draft EIR
To facility the accelerated project schedule, we assisted LSA and prepared the Circulation Section for the
draft EIR.This included the following submittals:
• Circulation Section, March 2013
• Circulation Section, May 2013
• Screen check Circulation Section, May 2013
• Final Circulation Section,June 2013
This add-on includes the added effort required for the multiple rounds of review and comment.
9. Prepare Supplemental Conceptual Designs and Evaluations at Select Locations
In response to initial comments received in the EIR, we have and will continue to assist the City of
Cupertino by developing conceptual designs and operation evaluation at select locations.This includes
preparation of conceptual design plans at up to three locations and the evaluation of operation at up to
two intersections.
Adam Weinstein F E H R t P E E R S
July 18,2013
Page 4 of 4
10. Attended Meetings
Fehr & Peers has been responsive to the needs of the project and has attended all requested weekly
internal conference calls, weekly team calls, and in-person meetings. This far exceeded our original scope
and budget. In addition, this scope amendment includes preparation and attendance at the following
project meetings scheduled for the months of June and July 2013:
- Two Caltrans project meetings
- Two VTA/County of Santa Clara meetings
- Two City of Sunnyvale meetings
- Two City of Santa Clara meetings
FEE ESTIMATE
The additional budget for these additional services is 593,800.
Should you have any questions, please call Franziska at (408) 278-1700. Otherwise, please provide a
contract amendment.
We appreciate the opportunity to continue to work with you on this project.
Sincerely,
FEHR& PEERS
Franziska Church,AICP Jane A. Bierstedt, P.E.
Associate Principal
Apple Campus 2 EIR
Fee Estimate-Add On#4(July 18,2013)
Task Principal Sr' Sr.Planner Engineer Graphics Admin Labor Direct Task
Associate Costs Costs Total
Billing Rate-> $275 $225 $155 $120 $135 $100
1.Develop TDM Monitoring Plan 8 2 16 0 0 2 $5,400 $400 $5,800
2.Update Background Conditions 0 0 4 20 0 2 $3,300 $300 $3,600
3.Update Alternative Background Conditions 0 0 2 4 0 1 $900 $100 $1,000
4.Coordination with NN 16 0 16 0 0 2 $7,100 $500 $7,600
5.Bike/Ped Improvements Around Site 12 0 16 4 0 2 $6,500 $500 $7,000
6.VISSIM-additional configurations,runs,Wolfe overcrossing,Arup coordination 2 8 16 60 0 2 $12,300 $900 $13,200
7.Additional TIAs:
January 2013-Draft 8 0 20 0 0 2 $5,500 $400 $5,900
May 2013-Screen check 2 0 12 0 0 2 $2,700 $200 $2,900
June 2013-Final 2 0 12 0 0 2 $2,700 $200 $2,900
8.Additional Circulation Sections:
March 2013-Circulation Section#1 12 0 20 0 8 2 $7,700 $500 $8,200
May 2013-Circulation Section#2 4 0 12 0 0 2 $3,200 $200 $3,400
May 2013-Screen Check#1 4 0 12 0 0 2 $3,200 $200 $3,400
June 2013-Final 4 0 12 0 0 2 $3,200 $200 $3,400
9.Conceptual Designs and Evaluations 4 16 0 0 24 2 $8,200 $600 $8,800
10.Additional Meetings/Conference Calls 10 0 20 0 0 4 $6,300 $400 $6,700
Caltrans(2) I 2 0 12 1 0 0 1 $2,600 $200 1 $2,800
VTA(2) 2 0 10 0 0 1 $2,200 $200 $2,400
Sunnyvale(2) 2 0 10 0 0 1 $2,200 $200 $2,400
Santa Clara 2 2 0 10 0 0 1 $2,200 $200 $2,400
Total 96 26 232 88 32 35 $87,400 $6,400 $93,800
7/19/2013