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04-119 Pang Engineers, INc~. ~ AGREEMENT CITY OF CIJPERTINO 10300 Torre Avenue Cupertino, r:.A 95014 (408) 777-3200 N01'~-~~~/~ BY THIS AGREEMENT, made and entered into on the 22nd day of SEPTEMBER , 20 04 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) PANG ENGINEERS, INC. _ (2) Address (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: PROFESSIONAL TRAFFIC & ENGINEERING SERVI~;ES EXHIBITS: The following attached exhibits hereby are made part of this Agreement: EXHIBIT "A & B" (4 SHEETS TOTAL) TERMS: The services and/or materials furnished under this Agreement shall commence on SEPTEMBER 23, 2004 and shall be completed before NOVEMBER 22, 2004 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: SHALL NOT EXCEED $9,500.00 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 H rmless: Contractor agrees to save and hold harmless the Ciry, its officers, agents and employees from any and all damage and liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not be liabl or acts of Contractor in perform' g services described herein. (i/~ due to negligen~ errors and omis;~ion Insurance: Should the City require evidence of insurability, Contract~~r 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. CONTRACT CO-ORDINATOR and representative for CITY st-~all be: NAME GLENN GOEPFERT _ DEPARTMENT ~RT.Tr. wnu~~ 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: _ ~~ ~ Title ~~• ~ Gf APPROVALS CITY OF CUPERTINO: E3y GLE l~itle ASSISTANT DIRECTOR OF PUBLIC WORKS EXPENDITURE P ENT H D DA F„~ ACCOUNT NUMB OUNT D C RK D TE G'%3L . ~; :L 10-8601- 9, 500.00 White: City Clerk /~ Green: Finance Yellow: Contractor Pink: Receiving Gold: Department SEP-22-04 09:27 AM PANG ENGINEERS INC. 650 9417264 P. 02 ,~~ PANG ENC~INEERS INC. ~ ,. ._ -„~_ TRAFFIC AND TRANSF'ORTATiON CONSULTANTS OAY uwri rn~(.E VA~r . ~ r , r F P-1622 September 22, 2004 Ms. Vicki Guapo Senior Traffic Technician - City of Cupertino 10300 Torre Avenue Cupertino, CA 951040255 RE; 2004 CMP Request Traffic I/ngineecing Serviccs City of Cupertino 17car Ms. Guapo: We arc pleased to respond to your e-mail and subsequent request of September 21, ?U04 for ~ review of the Prelituinary Scope and a Quote for Traffic Biigineeri~~g Services. Pang Engineers, Inc. has specialised experience in Tra€fic Engineering and has served ~~ numeri~us cities, counties, CalTrans as well as land di'.velupcrs for over 2U years- The preliminary Scope of Serviccs contains several clzn~ciits and includos but may not be limited to tl~e fuIlowing: 1. Prep.u•atiun and attendance at die Sa-~ta CIara County Valley Transportaliun Authority (VTA) TRAI.:FI7{ refresher course on Scptranber 23, 2004 for the morning session; 2. CMP Technical Assistance as ouilined in your letter of September 21, 2004 to include a lettc;r report with a summary of the fitldinl;s; 3. Review of the Vallco Residential Prefect Level of Service. (LOS) at the Vallco Parkway/Wolfe Road intersection for sf?veral traffic conditions, ag. 4 each, We propose to perform the work on a.Time and Materials basis per Exhibit A "Hourly Charge. Rile Schedule" up to a maximum of $6,000 fur items one and two above. AddiUOnally, item three should have an allowance of approximately $3,500 since there is some degree of uncertainty wi$~ respect to the actual review process- Thus, the total fee is estimated to be $9,SOU. Should the proposal be acceptable to the City of Cupertino, we suggest that a Purchase Grd~~r rakhcr than dil agreement be; initiated to expediate. the administrative process. Po 60x 4255 NOUN TniN vIEW - CA 940aU (85U) J~8-1000 FAk (8501'i~~-i~nN~ ERE~ITA SEP-22-04 09:28 AM PANG ENGINEERS INC. 650 9417264 P. 03 As you arc aware, we have previously e.on,pleted several projects ui the City of Cupertino e.g. the Congestion Managcrncnt Program (CMP) requirements in tltc Year 2(~! and 2()02 with the TRArl~I1X sofh~are program, the rcdcvclopmcrtt of the Mariani Property at the northeast quadrant of De:Anra Boulevard and I-280, and recently the SvmrnerHill Homes townhouse propect on Intpcrit~l Avenue. The latter project required extensive use of the TRAFp'iX softwart~ fur the development of the Lcvcl of Service calculations f~~r several alternatives. - We appreciate the opportunity to be cor'isidcred I`or these professional consulting engineering services and look forward co working with the City of Cupertino. Should you have any questions, please do not l~.esitate. to call. Very Truly Yours, ~~ y Lawrence Pang Enclosure: Exhibit A E-Mail: g1pC~pangcnginccrs.com A;;,~ PANG EN ERS ANC. ~ e ~ _. - ~T A~ . . SEF'-22-04 09:28 AM PANG ENGINEERS INC. 650 9417264 HOURLY CHARGI~ RATE SCHEDULE principal Engineer $160.00 Senior Engineer $140.00 Associate Engineer $120.00 Assistant Engineer. $100.00 ! 90.00 E11cJ ine e~ $ Ter_.i1niciani Rese~~rch Associate $ 90.00 Draf t:;persorl $ 90.00 Clerica' $ 75.00 Expenses: Travel, Reprod.uctio:Z, and Miscellaneous Expenses x 1.25 EXHZeIT A (thru December 31, 2004) P.04 ..., ~~ ~~ ~)~~ ~~ I)EPARTMEliTT OF PUBLIC WORKS September 21, 2004 File: 74,000.17 (50,950.11) Pang Engineers, Inc. Gay Lawrence Pang P.O. Box 4255 Mountain View, CA 94040 City Hall 10300 Torre Avenue Cupertino, CA 95014-0255 Phone: 408.777.3354 Fax: 408.777.3333 SUBJECT: Request for Quote for Traffic Engineering Services for 2004 Congestion Management Program Dear Mr. Pang: Once again, the City of Cupertino (City) is requesting a quote for Professional and Traffic Engineering services to support to City staff in evaluating, reporting and making recommendations in connection with the bi-annual Congestion Management Program (CMP) and current building developments that influence growth and traffic signal operations. The City is currently engaged in counting foul-teen (14) intersections as required by Valley Transportation Authority (VTA) under separate contract with Multitrans. The counts should be delivered by mid October 2004. In connection with the CMP analysis, staff will be attending aVTA -sponsored Traffix refresher course at 8:30 AM - 12:00 Noon on September 23, 2004. If at all possible, you might consider attending on of the September 23rd refresher ;sessions. Elements to be considered for CMP Technical Assistance 1. Review and verify defaults settings by VTA and current condition settings and parameters in Traffix for 14 intersections within the City of Cupertino for AM & PM. Project due on 30 November 2004. 2. Compare three (3) CMP reporting years. 3. Provide a written report listing current results, e~:plaining the methodology, and the adoption of the 1994 Highway Capacity Manual (HCM) to 2000 HCM. a. Terms & values 4. Delivery on or before the 22 November 2004. While your services are retained, we also have n~°ed for your assistance in evaluating the Vallco Residential Project outputs for the intersection of Va lco Parkway and Wolfe Road, including reviewing the existing, background, project, and cumulative sc~:narios with Staff's involvement. Staff at the same time will be comparing Traffix inputs & outputs with Webster. I look forward working with you again and please call if you have any questions. Sincerely, Vicki Guapo ~~~~~ Senior Traffic Technician Attachments: Attachment A VTA requirements, Attchment C, & map rfq professional services..doc r"t:,„ed orr Rei y~J:~~9 Paper