14-067 Hexagon Transportation Consultants, Trip generation study for 10310 Foothill Blvd OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
TELEPHONE:(408)777-3223• FAX: (408)777-3366
C U P E RT I N O WEBSITE:www.cupertino.org
April 22, 2014
Hexagon Transportation Consultants
111 W. St. John Street, Suite 850
San Jose, CA 95113
Re: Agreement for consultant Trip generation study for proposed 15-unit apartment
complex at 10310 Foothill Boulevard.
A fully executed copy of the agreement for consultant services with the City of
Cupertino is enclosed. If you have any questions or need additional information, please
contact the Community Development Department at (408) 777-3308.
Sincerely,
Andrea Sanders
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Community Development
CITY OF
AGREEIV[ENT
[a CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
CUPERTINO Q 408-777-3200 NO. 000 S'
THIS AGREEMENT,made and entered into this 1511, day of April, 2014, is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and Hexagon Transportation Consultants 111 W St John St Suite
850, San Jose CA 95113 Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the
parties agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Trip generation
study for proposed 15-unit apartment complex at 10310 Foothill Boulevard.
Check box if services are further described in an Exhibit. F
EXHIBITS: The following attached exhibits hereby are:made part of this Agreement: Exhibit A.
TERM: The services and/or materials furnished under this Agreement commenced on April 15th, 2014 and
shall be completed no later than December 31St, 2014.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Total
cost of the traffic study not to exceed $680.00.
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a
Public Works contract in excess of$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold
harmless the City and its officers, officials, agents, employees and volunteers against any and all liability,
claims, stop notices, actions, causes of action or demands whatsoever from and against any of there,
including any injury to or death of any person or damage to property or other liability of any nature, arising
out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's
employees, officers, officials, agents or independent contractors. Contractor 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. 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.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute
another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent
from City is obtained, only those people whose names are listed this Agreement shall be used in the
performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement,without prior written consent of CITY.
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Agreement-Hexagon Transportation Consultants, Traffic Study for 10310 Foothill Blvd
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liabilitv:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occurrence
$1,000,000
aggregate- all other
Property Damage: $100,000 each occurrence
$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.
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to
its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or City with respect to the
services of Contractor herein, a waiver of any right to subrogation which any such insurer of said
Contractor may acquire against City by virtue of the payment of any loss under such insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause
with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a
seven(7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, Encestry, religion, gender or sexual orientation 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
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Agreement—Hexagon Transportation Consultants, Traffic Study for 10310 Foothill Blvd
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. City shall
have no right of control as to the manner Contractor performs the services to be.performed. Nevertheless,
City may, at any time, observe the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal., State, and local laws and ordinances including,but
not limited to, unemployment insurance benefits,FICA laws, and the City business license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Gian Paolo Martire DEPARTMENT: Community Development
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have
executed this Agreement the day and year first written above.
CONTRA OR: CITY OF CUPERTINO:
By By
Title r .� Title: Asst tc or Community Development
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE �oQc 1.10-2211,BS 23209 $680.00
CITY ATTORNEY APPROVED AS TO FORM P(C) # 000 j 9 4 i
DATE
CITY CLERK: ATTEST
DATE
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Agreement—Hexagon Transportation Consultants, Traffic Study for 10310 Foothill Blvd
p`
41460N T.POSDORTATIQN (D SULTA°N'i;S. I,N(.
March 31, 2014
Mr. Gian Paolo Martire Exhibit A
Assistant Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Trip Generation Study for a Proposed 15-Unit Apartment Complex at 10310 Foothill Boulevard
Dear Mr. Martire:
Hexagon Transportation Consultants, Inc. is ple2sed to submit this proposal to conduct a trip generation
study for a proposed 15-unit apartment complex at 10310 N. Foothill Boulevard in Cupertino, California.
The purpose of the traffic study is to satisfy the request of the City of Cupertino.
For projects deemed "small' by City of Cupertino staff, a comprehensive traffic study (e.g., TIA) typically is
not required. In most cases, a simple trip generation analysis will suffice. Accordingly, Hexagon proposes
to estimate the trip generation of the proposed 15-unit apartment complex using the ITE Trip Generation
manual, 9 Edition. Our findings will be summarized in a draft memorandum style report. Hexagon will
respond to editorial comments, prepare a final report, and submit the report electronically. Hard copies of
the report will be provided upon request.
Additional Services
Any work not specifically referenced in the above scope of work—for example conducting counts,
analyzing project alternatives, evaluating site access and/or on-site circulation, analyzing intersections,
evaluating parking, or attending meetings—shall be considered additional services. Additional services
will require additional time and budget.
Schedule and Budget
The cost for the traffic study is quoted for a lump sum amount of$680. This price quote is good for 30 days
and assumes that all project-related activities will be completed within one year. Extended project
schedules will require additional budget for project:,administration. We are ready to sign your standard
contract agreement or can provide you with ours upon request.
Barring any unforeseen delays, a draft traffic reportt will be submitted one week after receipt of a signed
contract agreement. The final traffic report will be delivered less than one week after receipt of all review
comments. We are prepared to start work immediately upon authorization.
We appreciate the opportunity to submit this proposal for your consideration. Please do not hesitate to
contact us if you have any questions. Thank you.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Brian C. Jackson
Senior Associate
111 W St.John Street,Suite 850•San Jose, California 95113
phone 408.971.6100•fax 408.971.6102•www.hextrans.c:om