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11-081 Hexagon Transportation Consultants, Parking Study North Foothill Boulevard • CITY OF AGREEMENT r 17)9/ CITY OF CUPERTINO � 10300 Torre Avenue CUPERTINO Cupertino, CA 95014 �,j �J� ��� 408 - 777 -3200 NO. /.i�t2/7°f ` BY THIS AGREE , made and entered into this 11 day of August, 2011, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Hexagon Transportation Consultants, Inc,: 111 West St. John Street, Suite 850, San Jose, California 95113: 408.972.6100: gblack(a)_hextrans.com (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: Parking Study at 10011 North Foothill Boulevard, Cupertino EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A TERMS: The services and /or materials furnished under this Agreement shall commence on August 11, 2011 and shall be completed before August 31, 2011. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,500.00 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 them, 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. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections 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. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 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. EliTEFiED CONTRACT CO- ORDINATOR and representative for CITY shall be: NAME: Piu Ghosh, Associate Planner 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 TO .` CITY OF CUPERTINO: By By Ga Chao e. Title f 4 � Tit le: Cit Planne Soc. Sec. # or Tax I. D ' — 0 Li 1 6 G 15 APPROVALS _ EXPENDITURE DISTRIBUTION DEPARTMENT HEAD ' DATE CCOUNT NUMBER AMOUNT AARTI SHRIVASTAVA / / I � _ • T11 111 110 -2211, BS 14296 $2,500.00 iii_ i_' �_.!/ DAT i Contractor Agreement 1/47/// EXHIBIT A I-IEXAGON TRANSPORTATION CONSULTANTS, INC. July 21, 2011 Piu Ghosh City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 Re: Proposal for Parking Study at 10011 N. Foothill Boulevard Dear Ms. Ghosh: Hexagon Transportation Consultants, Inc., is pleased to submit this proposal to conduct a parking study for the office condo at 10011 N. Foothill Boulevard in Cupertino. The building owner has expressed interest in converting the site from general office to medical office. The purpose of this analysis is to determine whether the existing on -site parking supply is sufficient to meet the demand generated by the new use. Parking demand surveys will be conducted at two existing medical office sites (to be determined) to develop appropriate parking demand rates. The results of the parking survey will be compared to the City's parking requirement. The analysis will address the following points: • Parking Occupancy Surveys — Manual parking occupancy counts will be conducted every hour from 8:00 AM to 5:00 PM on one weekday (Tuesday, Wednesday, or Thursday) to measure the number of parked vehicles (or occupied spaces) at two selected medical office sites. The survey time period will capture the peak medical office parking demand. We will also request the vacancy rate of the medical office buildings and information on seasonal variations in patient visits. • Parking Demand Analysis — The manual parking occupancy data will be analyzed, and adjusted for building vacancies and seasonal variations, to determine the peak parking demand rates for the two sites. The rates will be applied to the building size of the project to determine the peak parking demand for medical office use. The peak demand will be cornpared to the parking supply to determine if it is sufficient. • Documentation — The results of the analysis will be summarized in a draft memorandum for your review. Editorial and minor technical comments will be incorporated into the final memorandum. The cost for the parking study will be $2,500. The study will take about two weeks to complete. We are prepared to begin work immediately upon authorization. If this proposal is acceptable to you, we are prepared to sign a contract or purchase order from you, or if you prefer we have a standard contract that we could send. We appreciate the opportunity to submit this proposal for your consideration. Please do not hesitate to contact us if additional information is needed. Sincerely, HEXAGON TRANSPORTATION CONSULTANTS, INC. ----� i t Gary Black, President Trisha Dudala, Associate 111 W. St. John Street, Suite 850 • San Jose, California 95113 phone 408.971.6100 • fax 408.971.6102 www.hextrans.com Sunnyvale Center 401 Old San Francisco Road, Sunnyvale, CA Selected businesses at this address: Brothers John A MD - Conde Rose G - Dr. Betsy Y. Strong, MD - Dr. Douglas E. Kaye, MD - Dr. Kathryn T. Do; Mesa ?uzak, MD - Dr. Linda Membreno, MD - Dr. Sandhya A. Prabhakar, MD - Dr. Teresa Huang, MD - Hansen Barry R MD - Leland Greenwald- Camino Med - Leland Greenwald- Camino Med: Guo Grace MD - Leland Greenwald- Camino Med: Su Michael W MD - Palo Alto Medical Foundation: Allen Patti MD - Palo Alto Medical Foundation: Bhusri Priya MD - Palo Alto Medical Foundation: Chen C Amanda MD - Palo Alto Medical Foundation: Doaga Andreea MD - St John Holland MD - Sunnyvale Center (401) - Palo Alto Medical Foundation - Tam Ka w MD - 500 East Remington Drive, Sunnyvale, CA Selected businesses at this address: Andrew Lin Inc - Ang And Ang Mds - Ang -Fonte Glorietta MD - California Dental Specialty - California Dental Specialty: Chou Thomas L DDS - Eddie C Chen & Associates - Fifth Avenue Fitness - He Frank D - Hong Sung J DOS MA - Lawrence B Hooper Inc: Hooper Gregory F MD - Lawrence B Hooper Inc: Verma Sunil DC - Mau Lihsueh Lac - Mow Christopher MD - Qureshi Farda MD- Pediatrics - Remington Dental Care - Remington Dental Care: Xiang XiIln DDS - Sleep Medicine Center - The Hooper Weight -loss Clinic - Yu Andy S MD - CITY OF CUPERTINO RECEIPT NUMBER: BS000014296 RECEIVED BY: PIUG PAYOR: FOOTHILL CONDO ASSO TODAY'S DATE: 08/03/11 REGISTER DATE: 08/03/11 TIME: 13:07 1 REFUNDABLE DEPOSIT /RETAIN PKG STY 10011 N. FOOTHILL $2,500.00 TOTAL DUE: $2,500.00 CHECK $2,500.00 REF NUM: Focus Bk #1849 TENDERED CHANGE $2,500.00 $.00