14-068 Hexagon Transportation Consultants, Trip generation study for propsed day care at 20111 Stevens Creek 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 daycare center at
20111 Stevens Creek Blvd.
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
AGREEMENT
CITY OF CUPERTINO
10300 Terre Avenue
Q Cupertino, CA 95014
CUPERTINO V �� 408-777-3200 NO. 00°S
THIS AGREEMENT, made and entered into this 1411, 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: Conduct a trip
generation study for a proposed daycare center at 20111 Stevens Creek 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 14th, 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$3000.00.
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 darnage 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 namE's 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 Study for 20111 SC13
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) 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 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
o;c
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, 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 Study for 20111 SCB
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.
CONTRACT R: CITY OF CUPERTINO-
By rte, By
Title Ttf-le-Asst Director, Community Development
APPROVALS :EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE 110-2211,BS 23079 $3000.00
CITY ATTORNEY APP OVED A TO F RM PO # pQps'8 t�lo y l`g41�
DATE �('a�"��
CITY CLERK: ATTEST
DATE
r
Page 3 of 3
Agreement-Hexagon Transportation Consultants, Traffic S udy for 20111 SCB
HRA:(ON TRAN.SPUTATION (ONSUIjT NTS.. IN(. Exhibit A
March 27, 2014
Mr. Gian Paolo Martire
Assistant Planner
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Re: Trip Generation Study for a Proposed iDaycare Center at 20111 Stevens Creek Boulevard
Dear Mr. Martire:
Hexagon Transportation Consultants, Inc. is pleased to submit this proposal to conduct a traffic study for a
proposed daycare center at 20111 Stevens CrE;ek Boulevard in Cupertino, California. The daycare center
would consist of up to 136 students and would occupy two vacant suites (130 and 150)within an existing
two-story building. All of the remaining suites within the building would remain occupied. The project would
also replace some parking on the west side of the building with a 9,000 square-foot(s.f.) playground.
Some additional parking (approximately 5 spaces)would be eliminated due to the reciprocal ingress/
egress easement with the adjacent property on the west.
We propose the following specific tasks:
1. Trip Generation Counts. Hexagon will count the trip generation of the existing building located at
20111 Stevens Creek Boulevard during the AM peak period (7:00 AM –9:00 AM) and PM peak
period (4:00 PM –6:00 PM) of traffic on a typical weekday. The count data will be used to
determine the existing trip generation of the building without the daycare center.
2. Trip Generation Estimates. Hexagon will estimate the trip generation of the proposed 136-
student daycare center using the ITE Trip Generation manual, 9th Edition. These trips will be
added to the existing trip generation to determine the total number of trips generated by full
occupancy of the building. A site agreement exists that stipulates the overall trip generation of the
site is limited to 16 one-way trips per acre during peak traffic hours. Based on the size of the
project site, this equates to 28 one-way trips that are permitted. Hexagon will determine whether
the final trip generation of the site (i.e., building) conforms to the existing covenant.
3. Parking and Student Drop-Offs. Parking supply will be evaluated based on the City of
Cupertino's parking requirements and other parking data provided by City staff. The project site
will be reviewed for on-site circulation;ens it relates to student drop-off activities.
4. Documentation. Our findings and recommendations 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 intersection
counts, analyzing project alternatives, 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$3,000. The study will take three weeks to
complete. Billings will be conducted monthly, on a percent complete basis. 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.
111 W.St.John Street,Suite 850-San Jose, California 95113
phone 408.971.6100•fax 408.971.6102•www.hextr;ans.com
® Mr.Gian Paolo Martire
March 27, 2014
Page 2 of 2
Barring any unforeseen delays, a draft traffic report will be submitted three weeks after receipt of a signed
contract agreement and all necessary data from City staff. The final traffic report will be delivered one
week after receipt of all review comments. Wa 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 have any questions. Thank you.
Sincerely,
HEXAGON TRANSPORTATION CONSULTANTS, INC.
Brian C. Jackson
Senior Associate
b