Draft Alta Planning + Design, Inc
PRO
FESSIONAL/CONSULTING SERVICES AGREEMENT
1. PARTIES
This Agreement is made by and between the City of Cupertino, a municipal corporation (“City”), and Alta Planning + Design, Inc. (“Contractor”), a Corporation for a Citywide Active Transportation Plan, and is effective on the last date signed below (“Effective Date”).
2. SERVICES
2.1 Contractor agrees to provide the services and perform the tasks (“Services”) set forth in detail in Scope of Services, attached here and incorporated as Exhibit A. Contractor further agrees to carry out its work in compliance with any applicable local, State, or Federal order regarding COVID-19.
2.2 C
ontractor’s duties and services under this agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City.
The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Contractor’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Contractor shall cooperate with the City to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by contractor pursuant to this agreement.
3. TIME OF PERFORMANCE
3.1 This Agreement begins on the Effective Date and ends on March 31, 2026 (“Contract Time”), unless terminated earlier as provided herein. Contractor’s Services shall begin on the Effective Date and shall be completed by March 31, 2026. The City’s appropriate department head or the City Manager may extend the Contract Time through a written amendment to this Agreement, provided such extension does not include additional contract funds. Extensions requiring additional contract funds are subject to the City’s purchasing policy.
3.2 Schedule of Performance. Contractor must deliver the Services in accordance with the Schedule of Performance, attached and incorporated here Exhibit B.
3.3 C
ontractor shall perform its services in a prompt and timely manner. Contractor must have sufficient time, resources, and qualified staff to deliver the Services on time.
Attachment A
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4. COMPENSATION
4.1 Maximum Compensation. City will pay Contractor for satisfactory performance of the Services an amount that will based on actual costs but that will be capped so as not to exceed $ 330,000 (“Contract Price”), based upon the scope of services in Exhibit A and the budget and rates included in Exhibit C, Compensation attached and incorporated here. The maximum compensation includes all expenses and reimbursements and will remain in place even if Contractor’s actual costs exceed the capped amount. No extra work or payment is permitted without prior written approval of City.
4.2 Invoices and Payments . Monthly invoices must state a description of the deliverable completed and the amount due for the preceding month. Within thirty (30) days of completion of Services, Contractor must submit a requisition for final and complete payment of costs and pending claims for City approval. Failure to timely submit a complete and accurate payment requisition relieves City of any further payment or other obligations under the Agreement.
5. INDEPENDENT CONTRACTOR
5.1 Status. Contractor is an independent contractor and not an employee, partner, or joint venture of City. Contractor is solely responsible for the means and methods of performing the Services and for the persons hired to work under this Agreement. Contractor is not entitled to health benefits, worker’s compensation, or other benefits from the City.
5.2 Contractor’s Qualifications. Contractor warrants on behalf of itself and its subcontractors that they have the qualifications and skills to perform the Services in a competent and professional manner and according to the highest standards and best practices in the industry.
5.3 Permits and Licenses. Contractor warrants on behalf of itself and its subcontractors that they are properly licensed, registered, and/or certified to perform the Services as required by law and have procured a City Business License, if required by the Cupertino Municipal Code.
5.4 Subcontractors. Only Contractor’s employees are authorized to work under this Agreement. Prior written approval from City is required for any subcontractor, and the terms and conditions of this Agreement will apply to any approved subcontractor.
5.5 Tools, Materials, and Equipment. Contractor will supply all tools, materials and equipment required to perform the Services under this Agreement.
5.6 Payment of Benefits and Taxes. Contractor is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. Contractor and any of its employees, agents, and subcontractors shall not have any claim under this Agreement or otherwise against City for seniority, vacation time, vacation pay, sick leave, personal time off, overtime, health insurance, medical care, hospital care, insurance benefits, social security, disability, unemployment, workers compensation or employee benefits of any kind. Contractor shall be solely liable for and obligated to pay directly all applicable taxes, fees, contributions, or charges applicable to Contractor’s business including, but not limited to, federal and state income taxes. City shall have no obligation whatsoever to pay or withhold any taxes or benefits on behalf of Contractor. In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services under this P
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Agreement is determined by a court of competent jurisdiction, arbitrator, or administrative authority, including but not limited to the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Contractor shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City, and actual attorney’s fees incurred by City in connection with the above.
6. PROPRIETARY/CONFIDENTIAL INFORMATION
In performing this Agreement, Contractor may have access to private or confidential information owned or controlled by the City, which may contain proprietary or confidential details the disclosure of which to third parties may be damaging to City. Contractor shall hold in confidence all City information provided by City to Contractor marked as confidential or proprietary or that should reasonably be understood to be confidential or proprietary from the circumstances of disclosure and use it only to perform this Agreement. Contractor shall exercise the same standard of care to protect City information as a reasonably prudent contractor would use to protect its own proprietary data.
7. OWNERSHIP OF MATERIALS
7.1 Property Rights. Any interest (including copyright interests) of Contractor in any product, memoranda, study, report, map, plan, drawing, specification, data, record, document, or other information or work, in any medium (collectively, “Work Product”), prepared by Contractor in connection with this Agreement will be the exclusive property of the City upon completion of the work to be performed hereunder or upon termination of this Agreement, to the extent requested by City. In any case, no Work Product shall be shown to any third-party without prior written approval of City.
7.2 Copyright. To the extent permitted by Title 17 of the U.S. Code, all Work Product arising out of this Agreement is considered “works for hire” and all copyrights to the Work Product will be the property of City. Alternatively, Contractor assigns to City all Work Product copyrights.
Contractor may use copies of the Work Product for promotion only with City’s written approval.
7.3 Patents and Licenses. Contractor must pay 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 if incorporated into the Services or Work Product of this Agreement.
7.4 Re-Use of Work Product. Unless prohibited by law and without waiving any rights, City may use or modify the Work Product of Contractor or its sub-contractors prepared or created under this Agreement, to execute or implement any of the following:
(a) The original Services for which Contractor was hired; (b) Completion of the original Services by others;
(c) Subsequent additions to the original Services; and/or (d) Other City projects.
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7.5 Deliverables and Format. Contractor must provide electronic and hard copies of the Work Product, on recycled paper and copied on both sides, except for one single -sided original.
8. RECORDS
Contractor must maintain complete and accurate accounting records relating to its performance in accordance with generally accepted accounting principles. The records must include detailed information of Contractor’s performance, benchmarks and deliverables, which must be available to City for review and audit. The records and supporting documents must be kept separate from other records and must be maintained for four (4) years from the date of City’s final payment.
Contractor acknowledges that certain documents generated or received by Contractor in connection with the performance of this Agreement, including but not limited to correspondence between Contractor and any third party, are public records under the California Public Records Act, California Government Code section 6250 et seq. Contractor shall comply with all laws regarding the retention of public records and shall make such records available to the City upon request by the City, or in such manner as the City reasonably directs that such records be provided.
9. ASSIGNMENT
Contractor 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 will be null and void. Any changes related to the financial control or business nature of Contractor as a legal entity is considered an assignment of the Agreement and subject to City approval, which shall not be unreasonably withheld. Control means fifty percent (50%) or more of the voting power of the business entity.
10. PUBLICITY / SIGNS
Any publicity generated by Contractor for the project under this Agreement, during the term of this Agreement and for one year thereafter, will reference the City’s contributions in making the project possible. The words “City of Cupertino” will be displayed in all pieces of publicity, including flyers, press releases, posters, brochures, public service announcements, interviews and newspaper articles. No signs may be posted, exhibited or displayed on or about City property, except signage required by law or this Contract, without prior written approval from the City.
11. INDEMNIFICATION
11.1 To the fullest extent allowed by law, and except for losses caused by the sole and active negligence or willful misconduct of City personnel, Contractor shall indemnify, defend and hold harmless City, its City Council, boards and commissions, officers, officials, employees, agents, servants, volunteers, and consultants (“Indemnitees”), through legal counsel acceptable to City, from and against any and all liability, damages, claims, actions, causes of action, demands, charges, losses, costs, and expenses (including attorney fees, legal costs, and expenses related to litigation and dispute resolution proceedings) of every nature, arising directly or indirectly from this Agreement or in any manner relating to any of the following:
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(a) Breach of contract, obligations, representations, or warranties; (b) Negligent or willful acts or omissions committed during performance of the Services; (c) Personal injury, property damage, or economic loss resulting from the work or performance of Contractor or its subcontractors or sub-subcontractors; (d) Unauthorized use or disclosure of City’s confidential and proprietary Information; (e) Claim of infringement or violation of a U.S. patent or copyright, trade secret, trademark, or service mark or other proprietary or intellectual property rights of any third party.
11.2 Contractor must pay the costs City incurs in enforcing this provision. Contractor must accept a tender of defense upon receiving notice from City of a third-party claim. At City’s request, Contractor will assist City in the defense of a claim, dispute, or lawsuit arising out of this Agreement.
11.3 Contractor’s duties under this section are not limited to the Contract Price, workers’ compensation payments, or the insurance or bond amounts required in the Agreement. Nothing in the Agreement shall be construed to give rise to an implied right of indemnity in favor of Contractor against City or any Indemnitee.
11.4. Contractor’s payments may be deducted or offset to cover any money the City lost due to a claim or counterclaim arising out of this Agreement, a purchase order, or other transaction.
11.5. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 11 from each and every subcontractor, or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this Agreement.
Failure of City to monitor compliance with these requirements imposes no additional obligations on City and will in no way act as a waiver of any rights hereunder.
11.6. This Section 11 shall survive termination of the Agreement.
12. INSURANCE
Contractor shall comply with the Insurance Requirements, attached and incorporated here as Exhibit D , and must maintain the insurance for the duration of the Agreement, or longer as required by City. City will not execute the Agreement until City approves receipt of satisfactory certificates of insurance and endorsements evidencing the type, amount, class of operations covered, and the effective and expiration dates of coverage. Failure to comply with this provision may result in City, at its sole discretion and without notice, purchasing insurance for Contractor and deducting the costs from Contractor’s compensation or terminating the Agreement.
13. COMPLIANCE WITH LAWS
13.1 General Laws. Contractor shall comply with all local, state, and federal laws and regulations applicable to this Agreement. Contractor will promptly notify City of changes in the law or other conditions that may affect the Project or Contractor’s ability to perform. Contractor is responsible for verifying the employment authorization of employees performing the Services, as required by the Immigration Reform and Control Act.
13.2 Labor Laws. Contractor shall comply with all labor laws applicable to this Agreement. If the Scope of Services includes a “public works” component, Contractor is required to comply with prevailing wage laws under Labor Code Section 1720 and other labor laws.
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13.3 Discrimination Laws. Contractor shall not discriminate on the basis of race, religious creed, color, ancestry, national origin, ethnicity, handicap, disability, marital status, pregnancy, age, sex, gender, sexual orientation, gender identity, Acquired- Immune Deficiency Syndrome (AIDS), or any other protected classification. Contractor shall comply with all anti-discrimination laws, including Government Code Sections 12900 and 11135, and Labor Code Sections 1735, 1777, and 3077.5. Consistent with City policy prohibiting harassment and discrimination, Contractor understands that harassment and discrimination directed toward a job applicant, an employee, a City employee, or any other person, by Contractor or its employees or sub-contractors will not be tolerated. Contractor agrees to provide records and documentation to the City on request necessary to monitor compliance with this provision.
13.4 Conflicts of Interest. Contractor shall comply with all conflict of interest laws applicable to this Agreement and must avoid any conflict of interest. Contractor warrants that no public official, employee, or member of a City board or commission who might have been involved in the making of this Agreement, has or will receive a direct or indirect financial interest in this Agreement, in violation of California Government Code Section 1090 et seq. Contractor may be required to file a conflict of interest form if Contractor makes certain governmental decisions or serves in a staff capacity, as defined in Section 18700 of Title 2 of the California Code of Regulations. Contractor agrees to abide by the City’s rules governing gifts to public officials and employees.
13.5 Remedies. Any violation of Section 13 constitutes a material breach and may result in City suspending payments, requiring reimbursements or terminating this Agreement. City reserves all other rights and remedies available under the law and this Agreement, including the right to seek indemnification under Section 11 of this Agreement.
14. PROJECT COORDINATION
City Project Manager. The City assigns Matthew Schroeder as the City’s representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. City reserves the right to substitute another Project manager at any time, and without prior notice to Contractor.
C
ontractor Project Manager. Subject to City approval, Contractor assigns Christopher Kidd as its single Representative for all purposes under this Agreement, with authority to oversee the progress and performance of the Scope of Services. Contractor’s Project manager is responsible for coordinating and scheduling the Services in accordance with the Scope of Services and the Schedule of Performance. Contractor must regularly update the City’s Project Manager about the progress with the work or any delays, as required under the Scope of Services. City written approval is required prior to substituting a new Representative.
15. ABANDONMENT OF PROJECT
City may abandon or postpone the Project or parts therefor at any time. Contractor will be compensated for satisfactory Services performed through the date of abandonment, and will be given reasonable time to assemble the work and close out the Services. With City’s pre-approval in writing, the time spent in closing out the Services will be compensated up to a maximum of ten percent (10%) of the total time expended to date in the performance of the Services.
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16. TERMINATION
City may terminate this Agreement for cause or without cause at any time. Contractor will be paid for satisfactory Services rendered through the date of termination, but final payment will not be made until Contractor closes out the Services and delivers the Work Product. Contractor may terminate this Agreement by written notice for cause, in whole or in part, if City breaches or fails to pay Contractor in accordance with this Agreement and, following notice, fails to cure or begin to cure such breach or failure within ten (10) days of receipt of notice from Contractor.
17. GOVERNING LAW, VENUE, AND DISPUTE RESOLUTION
This Agreement is governed by the laws of the State of California. Any lawsuits filed related to this Agreement must be filed with the Superior Court for the County of Santa Clara, State of California. Contractor must comply with the claims filing requirements under the Government Code prior to filing a civil action in court. If a dispute arises, Contractor must continue to provide the Services pending resolution of the dispute. If the Parties elect arbitration, the arbitrator’s award must be supported by law and substantial evidence and include detailed written findings of law and fact.
18. ATTORNEY FEES
If City initiates legal action, files a complaint or cross-complaint, or pursues arbitration, appeal, or other proceedings to enforce its rights or a judgment in connection with this Agreement, the prevailing party will be entitled to reasonable attorney fees and costs.
19. THIRD PARTY BENEFICIARIES
There are no intended third party beneficiaries of this Agreement.
20. WAIVER
Neither acceptance of the Services nor payment thereof shall constitute a waiver of any contract provision. City’s waiver of a breach shall not constitute waiver of another provision or breach.
21. ENTIRE AGREEMENT
This Agreement represents the full and complete understanding of every kind or nature between the Parties, and supersedes any other agreement(s) and understanding(s), either oral or written, between the Parties. Any modification of this Agreement will be effective only if in writing and signed by each Party’s authorized representative. No verbal agreement or implied covenant will be valid to amend or abridge this Agreement. If there is any inconsistency between any term, clause, or provision of the main Agreement and any term, clause, or provision of the attachments or exhibits thereto, the terms of the main Agreement shall prevail and be controlling.
22. INSERTED PROVISIONS
Each provision and clause required by law for this Agreement is deemed to be included and will be inferred herein. Either party may request an amendment to cure mistaken insertions or omissions of required provisions. The Parties will collaborate to implement this Section, as appropriate.
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23. 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.
24. SEVERABILITY/PARTIAL INVALIDITY
If any term or provision of this Agreement, or their application to a particular situation, is found by the court to be void, invalid, illegal, or unenforceable, such term or provision shall remain in force and effect to the extent allowed by such ruling. All other terms and provisions of this Agreement or their application to specific situations shall remain in full force and effect. The Parties agree to work in good faith to amend this Agreement to carry out its intent.
25. SURVIVAL
All provisions which by their nature must continue after the Agreement expires or is terminated, including the Indemnification, Ownership of Materials/Work Product, Records, Governing Law, and Attorney Fees, shall survive the Agreement and remain in full force and effect.
26. NOTICES
All notices, requests and approvals must be sent in writing to the persons below, which will be considered effective on the date of personal delivery or the date confirmed by a reputable overnight delivery service, on the fifth calendar day after deposit in the United States Mail, postage prepaid, registered or certified, or the next business day following electronic submission:
To City of Cupertino:
Office of the City Manager
10300 Torre Ave.
Cupertino, CA 95014
Attention: Matthew Schroeder
Email: [email protected]
To Contractor:
Alta Planning + Design, Inc.
101 SW Main St, Ste 2000
Portland, OR 97204
Attention: Christopher Kidd
Email: [email protected]
27. EXECUTION
The person executing this Agreement on behalf of Contractor represents and warrants that Contractor 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 Contractor. 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.
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IN WITNESS WHEREOF, the parties have caused the Agreement to be executed.
CITY OF CUPERTINO CONTRACTOR
A Municipal Corporation
By By
Name Pamela Wu Name Steven Frieson
Title City Manager Title COO
Date Date
AP
PROVED AS TO FORM:
CHRISTOPHER D. JENSEN
Cupertino City Attorney
A
TTEST:
KIRSTEN SQUARCIA
City Clerk
DATE:
304 12th Street, Suite 2A
Oakland, CA 94607
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Scope of Work
Task 1. Project Management and Coordination
Task 1.1 Project Initiation
Within two weeks of receiving a Notice to Proceed, Alta will plan and facilitate a project kick -off meeting with the Project Management Team (PMT) which will include the core of the working team from the City and the Alta team. Recommended objectives for the kick-off meeting include:
• Present & confirm proposed scope, schedule, and budget • Review project goals and objectives
• Discuss initial data needs; outreach and engagement strategy; and anticipated level of effort required for data inventory and updates
• Establish overall expectations, including communication channels , project templates, and protocols for sharing deliverables via cloud-based tools.
Alta will provide a kick-off meeting packet with the agenda, handouts, and presentation ahead of the meeting. Following the kick-off meeting, the Alta team will prepare and submit minutes within five (5) business days, including: discussions and outcomes, a detailed schedule for internal City use, and a simplified schedule for use with the broader public and City Council.
Alta will also develop and deliver a memo to request relevant background documents, GIS and other available data needed to perform project analyses and create base maps. Alta will work with the City’s project manager to develop an agreed upon GIS data structure for the duration of the project. At the completion of the project, Alta will provide the project’s GI S data in an ESRI file geodatabase.
1.2 - P roject Management Team Meetings
Alta will coordinate monthly project management team (PMT) meetings with City staff and other key members of the project team, held online. These meetings will allow for close communication on upcoming tasks , review of deliverables, establishment of action items, and proactive resolution of potential issues or concerns . Alta will prepare a recurring online meeting link, agendas, and minutes. Monthly project status reports will be included with each monthly invoice, summarizing tasks completed and outlining tasks to be completed over the next 30 days.
There will be ongoing coordination between Alta’s Project Manager and the City’s project manager —including email, phone and written communication to keep City staff up-to-date on the development of the plan.
TASK 1 DELIVERABLES
• Kick-off meeting agenda, presentation and handouts, facilitation, and minutes/action items • Data Request Memo
• Project schedule breakdown (both detailed and simplified) • Monthly project management meeting agendas, project status reports, and minutes/action items (assumes 12 month meetings)
• Monthly invoices and progress reports (single monthly invoice, with budget/progress) Task 2 - Public Engagement
2.1 - Public Participation Plan
EXHIBIT A
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Alta will work closely with the city PMT to develop a Public Participation Plan (PPP) that will identify strategies to meaningfully engage with Cupertino’s broad array of stakeholders. Alta will provide a draft PPP within three (3) weeks of the kick-off meeting for review and comment by the city PMT. We anticipate the PPP will describe outreach activities that will take place over two phases:
PHASE 1: DISCOVERY - Understand unmet walking and bicycling needs for the City’s residents and visitors.
PHASE 2: RECOMMENDATIONS - Provide opportunities for the public to refine project and program recommendations and to inform the prioritization and implementation process.
The PPP will include a schedule of activities (minimum of 10 public engagement events), deliverables, and anticipated actions required of the City. Engagement strategies, both online and in-person, will encourage open and meaningful conversation among a diverse range of stakeholders on active transportation issues and needs . We are sensitive to the limits on participants’ time and will structure outreach and engagement opportunities that align with existing meetings and events as much as possible. The PPP will also develop key messages to clearly identify decision space for the public, helping to establish a baseline of trust at the outset of the project.
2.2 – Public Input Survey (Website, Webmap)
Alta proposes for the Public Input Survey to develop a mobile-friendly project webpage that includes an online interactive community input map, allowing the public to identify priority destinations, routes they would like to see improved, and similar feedback. Outreach materials for Public Engagement Activities (Task 2.3) will be developed to replicate the format of the interactive community map to ensure comparable data across all outreach activities.
Our in-house website development team will develop an interactive project website to:
• Promote outreach and education materials
• Host the proposed public surveys
• Document workshops, public events, and other in person engagement opportunities • Allow members of the public to provide feedback on the Draft Plan and eventually view the Final Plan Interactive Input Maps and Community Survey (2 phases):
The Alta team will develop a two-phase online interactive community survey. Alta has developed a technology to support online survey and map input that works well on computers, tablets and phones.
During the discovery phase, users will be able to provide feedback in the form of points and lines on the map with information such as:
• Frequently used routes & preferred routes
• Origins and destinations
• Bicycle/pedestrian network gaps
• Difficult crossings, perceived safety issues, and connectivity barriers • Recreational and commuter needs
• Pavement quality, wayfinding, and signage issues
• Desired bike parking and other support facilities
This interactive tool has generated hundreds of comments for many of our previous and existing projects, including the Santa Clara County Active Transportation Plan. See SacStreetsforPeople.org for a current live example of an interactive input map. The maps can be brought to community meetings and pop- up workshops on iPads to encourage additional engagement from those without access to the internet.
During the recommendations phase, Alta will develop a second community map survey where residents can provide input on recommended projects and project prioritization.
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2.3 - Public Engagement Activities
We anticipate the public outreach process will have two major phases , aligning with the two phases of the Public Participation Plan in Task 2.1. The first phase will solicit feedback on existing conditions, key destinations, and community concerns. The second phase will focus on reflecting public input from the first phase, analysis results, proposed projects, and program and policy recommendations.
Alta anticipates hosting up to four (4) community events. During each phase, one community event will be in-person and one community event will be held online. The Alta team also proposes up to six (6) pop-up events. This could include participation in public festivals, school events, or a community -led bike/roll event.
TASK 2 DELIVERABLES
• Draft and Final Public Participation Plan
• Draft and Final project website
• Draft and Final webmap survey – two (2) phases
• Draft and Final survey results report
• Attendance, collateral materials and summary for up to four (4) public meetings. Two meetings will be hosted in - person and two meeting to be hosted virtually
• Attendance, collateral materials and summary for up to six (6) pop -up meetings • Public Participation summary report (Appendix to the Plan) Task 3 - Existing Conditions/ Data Collection
3.1 – Plan and Policy Review
Alta will request available relevant data, plans, policies and regulations as part of the Data Request Memo. Alta will review relevant approved planning documents to develop an understanding of the local policy baseline and active transportation plans and networks in Cupertino. This will include consideration of the pattern of future growth and development and the impact it is expected to have on active transportation demand. Documents to be reviewed by Alta may include, but are not limited to:
• 2024 Cupertino Vision Zero Action Plan
• 2016 Cupertino Bicycle Transportation Plan
• 2018 Cupertino Pedestrian Transportation Plan
• 2023 Cupertino Local Road Safety Plan
• 2018 Cupertino Complete Streets Policy
• 2024 Santa Clara County Active Transportation Plan (in progress) • 2022 Cupertino Climate Action Plan
• 2021 Cupertino Bollinger Road Corridor Safety Study
• 2021 Cupertino Transportation Study Guidelines
• 2020 Cupertino Parks and Recreation Master Plan
• 2015 Cupertino General Plan Transportation Element
• 2024 VTA Valley Transportation 2050 (in progress)
• Cupertino Safe Routes to School Program
Alta will work with the city PMT to finalize the list of approved plans to review at the onset of the project. Alta will summarize all reviewed plans in a review matrix highlighting progress made on past plans, key recommendations, policies, and projects. The 2024 Vision Zero Action Plan will feature prominently in integration of policies and actions for the Active Transportation Plan. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan.
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Oakland, CA 94607
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3.2 – Develop Goals, Objectives, and Performance Measures Alta will work with the City to develop a set of quantifiable short, medium, and long -range goals, objectives, and performance measures – establishing a clear and compelling vision for walking and biking in Cupertino.
Goals, objectives and performance measures will be aligned with priorities from Task 3.1 Plan Review, considering the intersectionality between safety, connectivity, equity, mobility, and sustainability. We will draw on our national library of best practice policies, as well as our work developing performance measures including such guidebooks as FHWA’s Measuring Multi-Modal Network Connectivity. Through this task, Alta will also work with the City to identify existing policies that may need to be revised for a successful Plan.
As part of this task, Alta will develop a draft Goals, Objectives, and Measurable Outcomes technical memo for the City to review and comment. Following a single set of internally consistent comments, the memo will be updated and finalized for use in the Draft Plan.
3.3 – Existing Conditions Review
Alta will develop a comprehensive basemap in ArcGIS capturing key cartographic features in Cupertino that relate to active transportation including streets, parks, schools, topography, community demographics, collision locations, and current/future land uses. This basemap will be shared with City staff for one (1) round of comments to inform edits to the layout, labeling, cartographic style, and other presentation elements of the maps.
The Alta team will review the City’s inventory of existing bicycle and pedestrian infrastructure data for completeness, including existing bicycle facilities, sidewalks, bike parking and wayfinding. Alta will develop a set of maps, tables, and narrative that describe the existing pedestrian and bicycle networks and conditions.
The Alta team will conduct the following analysis of existing conditions :
Collision Analysis – the Alta team will integrate the findings of the High Injury Network analysis conducted for the 2024 Vision Zero Action Plan.
Bicycle & Pedestrian Level of Traffic Stress - Alta will complete a level of traffic stress analysis for the bikeway network (BLTS) and the pedestrian network (PLTS), ranking streets from low stress (LTS 1) to high stress (LTS 4).
This network will be based on the preliminary LTS analysis derived from OpenStreetMap data , supplemented by inventory activities in Task 3.3. Our analysis will illustrate how stress barriers (e.g., challenging crossings) can create areas of disconnectivity and islands along what otherwise appear to be low-stress roadways.
Active Trip Potential Assessment - Alta proposes the use of local travel demand models, Replica Places, or StreetLight Origin-Destination (OD) data to understand existing travel patterns with special attention on short trip distances that can be made as active trips. A heat map will be generated showing percentage of trips that could be served via walking, biking, or electric micromobility throughout the study area. This analysis often points to locations where latent demand exists for active transportation. Alta will also provide an interactive visualization of origin-destination flows in the form of an Alta Flow Dashboard.
Alta will synthesize findings and analysis into an existing conditions technical memo. Findings, presented with narrative, maps, and graphics, will support work during the public outreach phases of the project and will form the basis for development of project recommendations. At the end of the project, Alta will provide the City with GIS shapefiles and attribute tables used in the analysis.
3.4 – Needs Assessment
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Oakland, CA 94607
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Combining analysis conducted in Task 3.3 and public input gathered in Task 2, Alta will conduct an in -depth evaluation to uncover the underlying barriers to efficient and comfortable travel for short trips which are currently marred by significant levels of indirectness and perceived barriers to travel. This analysis will integrate the insights gleaned from the Active Trip Potential Assessment with comprehensive evaluations of traffic stress networks developed in previous tasks. By analyzing origin-destination (OD) data in conjunction with assessments of network-induced stress, Alta intends to identify short trips that exhibit high degrees of indirectness and stress, thereby discouraging active transportation modes.
Alta will produce maps illustrating OD flows, where the thickness of lines will indicate the volume of trips and colors will denote levels of indirectness, employing both stress-adjusted and non-stress-adjusted measures. These visual representations can provide clear insights into how infrastructure and stress impact travel choices, identifying areas for active transportation investment. These analysis results can be summarized to census block group level heat maps to illustrate the average stress-levels and route directness at a fine-grained level.
Alta will produce a series of maps, tables, and related narrative that describe gaps and needs that can be addressed by the City. Particular attention will be placed on the intersectionality of improving safe routes to school and safety (i.e., Visio n Zero) for all roadway users. Information from the public outreach process will also be integrated into this process.
TASK 3 DELIVERABLES
• Draft and Final Plans and Policies Summary Memo
• Draft and Final Goals, Objectives and Measurable Outcomes Memo • Draft and Final Existing Conditions Summary
• BLTS Map, PLTS Map, and geodatabase of LTS feature classes • One heat map showing potential for active trips or micromobility • Alta Flow interactive visualization of origin-destination flows • Needs Assessment Summary
Task 4 - Project Recommendations
4.1 – Develop Project Recommendations
Alta will develop a combined, prioritized set of recommendations to improve walking and bicycling throughout the city with a focus on creating a network for all ages and abilities. This task will be informed by existing best practices, outcomes fro m the Public Engagement Process (Task 2), Existing Conditions Analysis (Task 3.3), and Needs Assessment (Task 3.4).
Maps depicting existing, funded, and proposed pedestrian and bikeway projects will be developed along with a project list with the project name, proposed facility type, segment endpoints, and segment length for each recommended improvement. Recommended improvements will include, but are not limited to, locations where Class IV bicycle facilities, separated intersections, or enhanced pedestrian crossings are most appropriate.
Drawing on the socio-demographic analysis and the medium-to-long-term measurable objectives developed as part of Task 3, Alta will recommend non-infrastructure programs, identifying responsible implementing departments, agencies, or partner groups. Recommendations will be based on best practices and proven records of effectiveness. Alta is the only active transportation firm with a department dedicated to planning and implementing education and encouragement components of active transportation programs.
Alta’s Civic Analytics team has developed tools to streamline prioritization analysis in either GIS or Excel. Based on the types of data available, Alta can use qualitative scoring or percentile-based scores for comparing up to eight different metrics of success for the entire study area. This approach overlays a hexagonal grid on the study area and evaluates need and project impact on a micro level, enabling flexibility in project extents, future assessments, and changing physical conditions.
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4.2 Financial Analysis
Planning level cost estimates will be developed for bicycle and pedestrian on - and off-road facilities based on existing industry costs and comparable recent City projects. Cost estimates may include both permanent improvements as well as quick-build options.
The Alta team will leverage its knowledge of funding for active transportation projects to develop a relevant list of funding streams for project implementation. We will work with City staff and regional partners to identify available funding sources for further planning, engineering, and construction work. This will help the City identify both priorities and appropriate methods for implementation, including relevant funding sources.
The implementation strategy will include consideration of several factors that determine the feasibility of projects. Alta wi ll create an implementation plan that assembles priority projects into “implementation packages” and phases them for either short-term, medium-term, or long-term implementation.
TASK 4 DELIVERABLES
• Draft and Final Project Recommendations Summary
• Programmatic and policy recommendations
• Prioritization methodology and related maps
• Draft and Final Financial Analysis technical memo
• Planning-level cost estimates
• Funding source matrix
Task 5 - Active Transportation Plan
5.1 – Develop Report
Alta will prepare and circulate an administrative draft plan that will consist of content from drafted and approved technical memos and task summaries from previous tasks. Alta will provide at least four (4) weeks for City staff to complete the Administrative Draft Plan review.
Following the City’s comments on the Administrative Draft, Alta will develop a public facing Draft Active Transportation Plan Document. The Draft Plan will be an attractive, reader-friendly, graphic-rich document. It is anticipated that the Public Draft Plan will be presented following Phase 2 of public outreach. The Alta team also proposes posting an interactive PDF of the draft plan to the project website for a period of one month. Interactive PDFs allow the public to post comments directly onto the pages of the plan, noting areas of improvement. These comments can then be reviewed by the Alta project team and incorporated into the Final Plan. It is anticipated that Alta will address up to one (1) round of consolidated non- contradictory comments.
Alta will revise the draft plan and produce a final plan based on public comments and guidance from City staff. Alta will provide the City a minimum of two (2) weeks to conduct a final plan review to identify remaining ‘fatal flaws’. Alta will revise the Final Plan based on one (1) set of consolidated non-contradictory City comments.
5.2 Council/Commission Presentation
The Alta team will develop a presentation for three (3) meetings of the Bicycle Pedestrian Commission and one (1) meeting of the City Council throughout the lifecycle of the plan process . We anticipate the first two Bicycle Pedestrian Commission meetings will occur at major project milestones, while the final Commission meeting and sole City Council meeting will be reserved for seeking Plan approval. We anticipate each meeting to be 2 to 3 hours in length.
We anticipate working with the City to serve as a conduit for information sharing and requesting feedback from the Bicycle Pedestrian Commission during the duration of the project. To maximize existing budget and help streamline the
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development of the Plan, we propose that these meetings be hosted through a combination of in- person and virtual meetings.
TASK 5 DELIVERABLES
• Administrative Draft Plan
• Public Draft Plan
• Final Plan
• All project files, supporting technical data, reports and documentation • Compilation of comments received and responses
• Presentations to Bicycle Pedestrian Advisory Committee (3) with notes and action items • Presentation to City Council with notes and action items Contingency
This contract will hold a reserve of $29,422 as a contingency fund against out -of-scope task. Prior to utilization of contingency funding, the Alta team will submit a scope modification to the City of Cupertino for review and authorization.
This scope modification will include identification of out-of-scope requests by the City, corresponding workplan & deliverables, schedule, and fee. Contingency tasks will only be initiated after receiving a formal Notice to Proceed from the City of Cupertino.
Schedule
Detailed schedule provided on following pages.
Budget
Detailed budget provided on following pages.
Task Budget
Task 1. Project Management & Coordination $21,736
Task 2. Public Engagement $58,679
Task 3. Existing Conditions/Data Collection $104,973
Task 4. Project Recommendations $61,046
Task 5. Active Transportation Plan $49,459
Direct Expenses $4,685
Contingency $29,422
TOTAL $330,000
SCHEDULE - Cupertino Active Transportation Plan
1. Project Management and Coordination
1.1 Project Initiation X
1.2 Project Management X X X X X X X X X X X X
2. Public Engagement
2.1 Public Participation Plan
2.2 Public Input Survey
2.3 Public Engagement Activities X X X X X X
3. Existing Conditions/Data Collection
3.1 Plan and Policy Review
3.2 Develop Goals, Objective, and Performance Measures
3.3 Existing Conditions Review
3.4 Needs Assessment
4. Project Recommendations
4.1 Develop Project Recommendations
4.2 Financial Analysis
5. Active Transportation Plan
5.1 Develop Report
5.2 Council/Commission Presentation X X X X
LEGEND
Task Progress
Meeting / Workshop X
Deliverable
Client review
2026
JanJun Jul Aug SeptDec Jan Feb
2024 2025
Oct Nov DecApr MayMar
Exhibit B
Cupertino Active Transportation Plan
Project Budget
Principal in
Charge
Project
Manager
Assistant
Project
Manager
Technical
Advisor
Senior Associate
Landscape
Architect
Civic Analytics
Leader
Civic Data
Analyst II
Civic Data
Analyst II Planner I Art Director
Graphic Design
Studio Lead
Web
Developer III
Technical
Editor
Project
Accountant
Alta's
Hours Alta Principal
Design
Speciailst Hours
HMH
Engineering
Samuel
Corbett
Christopher
Kidd George Foster
Jeffrey
Knowles Brian Burchfield
David
Wasserman
Isabel (Izzy)
Youngs Rohan Oprisko
Jesus
Contreras
Marguerite
Schumm Nancy Chen Zane DeBusk Katie Atkins
Kirsten
Clausen
Sub Total Jon
Cacciotti
Alyson
Goulden Sub Total
2025 Hourly Rate* $314 $252 $155 $294 $252 $252 $180 $155 $134 $196 $196 $180 $155 $118 $284 $192 1 Project Management and Coordination 9 29 28 0 0 0 0 4 0 0 0 0 0 32 102 $18,880 6 6 12 $2,856 114 $21,736
1.01 Project Initiation 3 5 4 0 0 0 0 4 0 0 0 0 0 0 16 $3,440 2 0 2 $568 18 $4,008.20
1.02 Project Management 6 24 24 0 0 0 0 0 0 0 0 0 0 32 86 $15,440 4 6 10 $2,288 96 $17,727.70
2.00 Public Engagement 8 14 56 0 0 0 0 0 100 10 20 120 4 0 332 $56,207 6 4 10 $2,472 342 $58,679
2.01 Public Participation Plan 2 6 6 0 0 0 0 0 10 0 0 0 0 0 24 $4,408 2 0 2 $568 26 $4,976.40
2.02 Public Input Survey 2 0 10 0 0 0 0 0 20 0 0 120 0 0 152 $26,481 0 0 0 $0 152 $26,481.30
2.03 Public Engagement Activities 4 8 40 0 0 0 0 0 70 10 20 0 4 0 156 $25,317 4 4 8 $1,904 164 $27,221.40
3.00 Existing Conditions/Data Collection 13 33 19 8 8 69 95 215 96 0 0 0 6 0 562 $101,249 5 12 17 $3,724 579 $104,973
3.01 Plan and Policy Review 1 5 5 0 0 0 0 0 24 0 0 0 1 0 36 $5,717 0 0 0 $0 36 $5,716.50
3.02 Develop Goals, Objectives, and
Performance Measures 2 8 2 4 4 3 0 0 18 0 0 0 1 0 42 $8,461 5 12 17 $3,724 59 $12,185.45
3.03 Existing Conditions Review 6 15 4 2 2 16 60 175 24 0 0 0 2 0 306 $52,793 0 0 0 $0 306 $52,792.65
3.04 Needs Analysis 4 5 8 2 2 50 35 40 30 0 0 0 2 0 178 $34,278 0 0 0 $0 178 $34,278.40
4.00 Project Recommendations 10 24 15 9 9 18 15 50 74 0 0 0 4 0 228 $41,926 20 70 90 $19,120 318 $61,046
4.01 Develop Project Recommendations 6 20 15 5 5 10 15 40 60 0 0 0 2 0 178 $31,729 5 10 15 $3,340 193 $35,069.15
4.02 Financial Analysis 4 4 0 4 4 8 0 10 14 0 0 0 2 0 50 $10,197 15 60 75 $15,780 125 $25,977.00
5.00 Active Transportation Plan 9 26 28 4 4 0 0 0 70 20 80 0 20 0 261 $47,931 2 5 7 $1,528 268 $49,459
5.01 Develop Report 7 20 16 4 4 0 0 0 50 20 80 0 20 0 221 $41,257 2 5 7 $1,528 228 $42,784.65
5.02 Council/Commission Presentation 2 6 12 0 0 0 0 0 20 0 0 0 0 0 40 $6,674 0 0 0 $0 40 $6,674.40 Staff Hours 49 126 146 21 21 87 110 269 340 30 100 120 34 32 1485 39 97 136 1621 Labor Total $15,393 $31,796 $22,557 $6,165 $5,299 $21,954 $19,828 $41,561 $45,526 $5,871 $19,570 $21,630 $5,253 $3,790 $266,193 $11,076 $18,624 $29,700 $295,893.20 Travel $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $0 $1,000 $100 $100 $200 $1,200 Printing $2,000 $0 $0 $0 $2,000
Contingency $29,422 $29,422
Subconsultant 5% Markup $1,485 $1,485
Project Total $15,393 $31,796 $22,557 $6,165 $5,299 $21,954 $19,828 $41,561 $45,526 $5,871 $19,570 $21,630 $5,253 $3,790 $269,193 $11,176 $18,724 $31,385 $330,000 GENERAL NOTES:
* This fee proposal is valid for 90 days from the date submitted. * Hours and staff assignments can be adjusted by the consultant as needed to implement the tasks described during the course of the project. * Hourly rates will be adjusted if work is continued into subsequent year(s).
Total
Task
Hours
Total Task
FeePhase
Alta Planning + Design, Inc. HMH Engineering
Exhibit C