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11-005 Agreement, Hexagon Transportation Consultants Inc., Traffic StudyCITY OF AGREEMENT !)TY OF CUPERTINO ·' 0300 Torre Avenue }'~ 4" Cupertino, CA 95014 / • ___,.,, 408-777 -3200 -----m CUPERTINO NO. (JJl?.17 /4'0 BY THIS AGREEMENT, made and entered into this _L day of February, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Hexagon Transportation Consultants, Inc. Address 111 West St. John Street, Suite 850 City San Jose Zip 95113 Phone ( 408) 971-6100 (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: Traffic Study EXHIBITS: The following attached exhibits hereby are made part of this Agreement: _ __,E=x~h""i""'b.:.:it__,1'""'&:;..;;:2,___ __ _ TERMS: The services and/or materials furnished under this Agreement shall commence on __ =2/"""1..-.1/ .... 2 ..... 0 ..... 1 ..... 1 __ and shall be completed before 3/18/2011 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: See Exhibit 2 GENERAL TERMS AND CONDITIONS Hold Harmless Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to negligence, errors and omissions, including all costs of defending any claim, caused by or arising out of the performance of 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. 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. ~ £NT.EHED CONTRACT CO-ORDINATOR and representative for CITY shall be: U NAME Piu Ghosh, Associate Planner DEPARTMENT Community Development This Agreement shall become effective upon its execution by CITY, in witness thereof; the partiesJiave executed this Agreement the day and year first written above. :~NTRt&J __ _ Title / Clfe11iJsu4-- CITY OF CUPERTINO: Title City Planner Tax ID/Soc. Sec.# <'11-04180]5° APPROVALS EXPENDITURE DISTRIBUTION CUPERTINO Gary Black COMMUNITY DEVELOPMENT DEPARTMENT CITY OF CUPERTINO 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 (408) 777-3212 •FAX (408) 777-3366 Hexagon Transportation Consultants Inc. 111 W. St. John Street, Suite 850 San Jose, CA 95113 EXHIBITl February 3, 2011 Re: Proposal for Traffic Study for the Sunflower Learning Center at 18900 Stevens Creek Boulevard in Cupertino, CA. Dear Gary: Thank you for the proposal for a traffic study at the aforementioned location. Attached please find the contract and the proposed site plan for the project. The plans show a preliminary parking analysis. However, please do not use this as a base for the parking calculation since per the City's Parking Ordinance (Chapter 19.100) this only accounts for day care uses. In addition to pre-school uses, the applicant is proposing to have after school care as well. Please do not hesitate to contact me with any questions at ( 408) 777 3277 or piug@cupertino.org. Regards, PiuGhosh Associate Planner ~~ ..._~ ~ nAGON T ~ANSPOH ATION (oNsuu ANTS, I Ne. EXHIBIT 2 January 27, 2011 David Stillman City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal for Traffic Study for the Sunflower Learning Center at 18900 Stevens Creek Boulevard in Cupertino, CA. Dear Mr. Stillman: Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare a traffic study for the proposed Sunflower Learning Center in Cupertino. The site is located at 18900 Stevens Creek Boulevard. The proposed use is an after-school learning program with approximately 82 after-school students. The after-school learning center will also include a preschool, with approximately 72 preschool students for a total of 154 after-school and preschool students. The purpose of the traffic analysis is to estimate the impacts of the proposed development on key intersections in the vicinity of the site. The following intersections will require study: • Stevens Creek Boulevard/North Wolfe Road/Miller Avenue • Stevens Creek Boulevard/Finch A venue • Stevens Creek Boulevard/Tantau A venue • Stevens Creek Boulevard/Stern A venue • Stevens Creek Boulevard/Calvert Drive • Stevens Creek Boulevard/ Agilent Technologies Driveway Access • Stevens Creek Boulevard/Lawrence Expressway Southbound • Stevens Creek Boulevard/Lawrence Expressway Northbound Freeway segment analysis will be included if the project is shown to add more traffic than one percent of capacity to the freeway mainline. All study locations will be evaluated for impacts during the PM commute hours. The project is expected to add minimal traffic during the AM peak hour. Scope of Services The tasks to be included in the analysis are: 1. Evaluation of Existing Conditions. The physical characteristics of the site and surrounding roadway network will be reviewed to identify existing roadway cross-sections, intersection lane configurations, traffic control devices, and surrounding land uses. Existing PM peak-hour traffic volumes will be obtained from previous traffic studies, if available. For budgeting purposes, it is assumed that new counts will be needed at seven of the eight study intersections. The existing operations of the key intersections will be evaluated with a level of service analysis. Intersections will be evaluated with the Highway Capacity Manual methodology, as required by the City of Cupertino. 2. Evaluation of Existing Plus Project Conditions. Site-generated traffic for the proposed project will be estimated using trip rates available from other similar facilities in the area. Trip generation counts will be taken at the existing learning center located at 19220 Stevens Creek Boulevard. New trips will be assigned to the roadway network based on existing travel patterns and relative locations of 111 W. St. John Street, Suite 850 ·San Jose, California 95113 phone 408.971.6100 ·fax 408.971.6102 • www.hextrans.com .,... "411 Mr. David Stillman February 4, 2011 Page 2 of 2 complementary land uses in the area. Levels of service will be calculated with project trips added. For the intersection of Stevens Creek Boulevard & Stern A venue, a signal warrant check will be conducted based on the peak-hour warrant. 3. Site Circulation, Access and Parking. A site circulation and access review will be conducted to determine the adequacy of the proposed site plan in accordance with generally accepted traffic engineering standards. This will include a quantitative analysis of the anticipated traffic volumes at the site's access point and the length of the queue for drop-offs and pick-ups. Parking supply and layout will be evaluated in accordance with the City of Cupertino standards. 4. Evaluation of Cumulative Conditions. Intersections will be evaluated for cumulative conditions. The City of Cupertino will supply a list of approved and proposed development for use in the cumulative analysis. Hexagon will determine the trips that travel through the study intersections due to the cumulative development. Cumulative conditions will be evaluated with and without the proposed project. 5. Description of Impacts and Recommendations. Based on the results of the level of service calculations, impacts of the site-generated traffic will be identified and described. Recommendations will be formulated that identify the locations and types of improvements or modifications necessary to mitigate significant project impacts. Improvements could include street widenings, lane additions, changes in lane usage, addition of traffic signals, or modifying existing traffic signals. 6. Reports & Meetings. Our findings and recommendations will be summarized in a draft report. Following review and comment by you, the final report will be prepared. This proposal includes attendance at one Planning Commission meeting. Schedule & Budget Barring any unforeseen delays, a draft report will be submitted within three weeks after authorization. We will deliver the final report one-week after receipt of all review comments. The total fee for the services rendered under this agreement would be based on staff time plus expenses at our standard hourly rates, not to exceed $15,000, for work items 1 through 6, as outlined in our Scope of Services. Cognizant of your desired schedule, we are ready to start work immediately upon authorization. This price quote is good for 30 days from the date of this letter. After that time, please contact us for an updated proposal. We look forward to working with you and appreciate your consideration of Hexagon for this assignment. If you have any questions, please do not hesitate to call. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. ~(At- Gary K. Black President ..._~ W [XAGON T ~ANSPOH ATION ( ONSUl TANTS, I NC Hexagon 2011 Billing Rates Professional Classification President Principal Senior Associate II Senior Associate I Associate 11 Associate I Planner/Engineer II Planner/Engineer I Adm in/Graphics Senior CAD Technician Technician Rate per Hour $240 $195 $180 $165 $145 $130 $115 $105 $95 $85 $75 Direct expenses are billed at actual costs, with the exception of mileage, which is reimbursed at the current rate per mile set by the IRS. Billing rates shown are effective January 1, 2011 and subject to change January 1, 2012. 111 W. St. John Street, Suite 850 ·San Jose, California 95113 phone 408.971.6100 ·fax 408.971.6102 • www.hextrans.com Form .. g Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not send to the IRS. Depaiiment of the Treasury Internal Revenue Service N Name (as sh?~~ on your income ~~eturn) -~ {i l1.. e.. >'-~ ~ f {ct-VI.~ tOo-1 et, k CVl'A>vJ_f ~ ~. (J) 0) Business name, if differer\'! from above cu a. c 0 CD ~ Check appropriate box: 0 Individual/Sole proprietor @ Corporation 0 Partnership $;,g ... 0 0 Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=partnership) ,._ •. _. _. _ D Exempt payee 0 Other (see Instructions) ~ 0 ::l ... .j:o C VI Address (number, street, and apt. or suite no.) Requester's name and address (optional) ·c .E 0.. 0 __ Ill . vJ. s·L -1ok....,1 s;...,.;.k es.-o "" --·o City, state, and ZIP code CD [::>~ .Jc..s:e.. I C/-( C/5((3 c. en (J) List account number(s) here '(optional) (J) (/) Ill ::F.T• illlllll Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. Social secuiity number ----·--·-] or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. 1· i O<-( Bfu'l S-- Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. I am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA). and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the inJlructions on page 4. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposes of establishing its U.S. status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) CUPERTINO February 22, 2011 OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE• CUPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.org Hexagon Transportation Consultants, Inc. 111 West St. John Street, Suite 850 San Jose, CA 95113 AGREEMENT A fully executed copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Planning Department at (408) 777- 3308. Sincerely, Kirsten Squarcia City Clerk's Office Enclosure cc: Planning