13-162 Hexagon Transportation Consultants, Preparation of analysis of Traffic Impacts of an "Off the Grid" Special Event at Whole Foods Market in Cupertino 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 W EBSITE:www:cuperdno.org
October 28, 2013
Hexagon Transportation Consultants
Attn: Gary KBlack
111 W St. John.St., Suite-850
San Jose, CA 95113
Re: Agreement for an analysis of traffic impacts of`an"Off the Grid"special event at
Whole Foods Market-in Cupertino
Dear Mr. Black,
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
DeputyCity Clerk
Enclosure
cc: Planning.
CITY OF
AGREEMENT
CITY OF Torre Avenue
10300 Torre Avenue
Cupertino, CA 95014 ��
CUPERTINO V 408-777-3200 NO.�///�/ OO °?
THIS AGREEMENT, made and entered into this 1411i day of October, 2013, 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: Prepare an
analysis of traffic impacts of an "Off the Grid" special event at Whole Foods Market in Cupertino, CA
Check box if services are further described in an Exhibit.
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 October 101h, 2013
and shall be completed no later than December 3151, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Standard
hourly rates plus expenses, up to a maximum not to exceed $2000.00.
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.
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.
Page 1 of 3
Agreement— Hexagon Transportation Consultants,Traffic Impact Study for"Off the Grid"
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,Stateo6California.
(2) Liability:
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 limitssshown
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 whichlincludes coverage for the professional acts,
errors and omissions of Consultant;in the.amount of at least
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, Con tractorshall 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 undevsuch insurance.
Termination of Agreement. The City reserves the sight 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, ancestry, 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
Page,2 of 3
Agreement-Hexagon Transportation Consultants,Traffic b npact Study for"Off the Grid
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: Kaitie Groeneweg 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.
CONTRACTOR: CITY OF CUPERTINO:
By 7k By
Title I Tf 1,Ci yet Planner
APPROVALS )EXPENDITURE DISTRIBUTION'
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE 110-7301-7014 $2000.00
CITY ATTORNEY APPROVED AS TOTORM
DATE ` Q--2,113
CITY CLERK: ATTESTS Y n C
DATE 3� �C
Page 3 of 3
Agreement-Hexagon Transportation Consultants,Traffic Impact.Study for"Off the Grid"
P!
S� PLUM TRANSPORTATION CONSULTANTS, INC.
October 10, 2013
Ms. Kaitie Groeneweg
City of Cupertino Planning Department
10300 Torre Avenue
Cupertino, CA 95014
Re: Proposal to Prepare an Analysis of Traffic Impacts of an"Off the Grid" Special Event at
Whole Foods Market in Cupertino, CA.
Dear Ms.Groeneweg:
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to prepare an analysis of the
traffic impacts of,a Special Event that has been scheduled for October 15; 2013. The,Special_Event would
be a mobile food marketto be held,atthe Whole Foods Market parking lot at 20955 Stevens Creek
Boulevard in Cupertino, California. The event would take place between 5:00 PM and 9:00 PM, with setup
beginning at-3:30 and breakdown finishing by 10:00.
This event would remove parking from the existing parking lot during the time the event is held, generate
additional demand for parking, and generate additional traffic near the Whole Foods site: The purpose-of
this study is to evaluate the!:effects of theeventon (1)the operation of-the intersection of Stevens Creek
Boulevard and Stelling Road;and (2)the queues that form atthe Stevens Creek Boulevard and Stelling Road
parking lot entrances.
SCOPE OF SERVICES
The tasks,to be included in this traffic study include:
1. Field Observations: City of'Cupertino staff have requested that we monitor the traffic impacts of the
Off the Grid mobile food truck market event while it is happening on October 15; 2013. We will
monitor the length of queueson both Stevens Creek Boulevard and Stelling Road at the parking lot
entrances from.5:00 to 7:00 PM, the hours when'the event will coincide with the peak period.
We will observe the intersection of Stevens Creek Boulevard-and Stelling Road to see how it is
performing with the added trafficfrom'the event.We will pay particular attention to whether queues
accumulate on Stelling RoadAue to cars wanting to make a U-Turn in order to.turn into the Whole
Foods parking lot. We will note the length of queues in the left turn pockets on Stelling Road and
Stevens Creek,and whether most cars,are able to move.through the,intersection in a single cycle.
2. Prepare Memo: Our findings and recommendations will,be summarized in a draft letter report.
Hexagon will respond-to.editorial comments on the draft and prepare a final report. The fee estimate
does not,include attendance at any meetings in.connection with this project.
TIME OF PERFORMANCE
Barring any unforeseen delays, a draft traffic report will be submitted one,week afterthe`Special Event. The
final report will be delivered one week after receipt of all review comments.
®� Ms. Kaitie Grueneweg
October 10, 2013
Page 2 of 2
COST OF SERVICES
The total fee for the scope of services will.be based on staff time expended at our standard hourly rates plus
expenses, up to a maximum of$2,000. Any work not specifically referenced in the above Scope of
Services—for example,observing traffic conditionsat the study intersection on any additional days or
attending meetings or public.hearings—shall be considered additional services. Any additional services, if
requested, will.besbilled on a time-and-materials basis in`accordance with the hourly staff rates in effect at
the time of performance.
Billings will,be conducted monthly. This price quote is good for 30 days. This price quote assumes all project-
related activities will be completed within one year. An extended project schedule may require additional
budget for project administration.We can provide you with a copy of our standard contracfagreement upon
request. You may authorize us to proceed by signing and returning one copy of'this letter.
We appreciate your consideration of Hexagon Transportation Consultants for this assignment. If you have
any questions please do not hesitate to call.
Sincerely,
HEXAGON TRANSPORTATION Accepted By:
CONSULTANTS, INC. City of'Cupertino
,4,
Gary K. Black Signature
President
Print Name
Date
Hexagon 2013'Billing,Rates
Professional Classification. Rate per Hour
President $240
Principal $195
Senior Signal.Designer $180
Senior Associate t $165
Associate 11 $145
Associate,1 $136
Planner/Engi neer,Il $115
Planner/Engineer1 $105
Admin/Graphics $95
Technician $60
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.
Billingrates,shown are effective.January 1,2013,and subject to change January, 1_,2014.
111 W.St.John Street;Suite'850•San Jose,California 95113
phone 408.971.6100•fax 408.971.6102•www.hextrars.com