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07-039 Peng Engineers, Inc Abundant Life ChurchAGREEMENT ~~~ s.~ 1 CITY OF CIIPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 BY THIS AGREEMENT, made and entered into this 9th day of April, 2007, by and CUPERTINO (Hereinafter referred to as CITY) and Name (1) Pang Engineers. Inc. (2) Address: P.O. Box 4255 City: Mountain ViE:w Zip: 94040 Phone: (Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, follows: CONTRACTOR shall provide or furnish the following specifiE;d services and/or materials: raffic Engineering Services - Abundant fife Church -Phase One NOD~~~~~ between the CITY OF X650) 948-1030 the parties hereto agree as EXHIBITS: The following attached exhibits hereby are madE: part of this Agreement: Pang Engineers scope of work proposal ~~3 ~ TERMS: The services and/or materials furnished under this Agreement shall commence on .~rari~ 2007 and shall be completed before April 30. 2007 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump sum amount of $4,800.00. GENERAL TERMS AND CONDITIONS ENTERED Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due to its negligence, errors and omissions, including all costs of defending any claim to the extent, caused by or arising out of the performance of this Agreement. City shall not be liable for negligent acts of Contractor in performing services described herein. Insurance. Should the City require evidence of insurabilit)r, 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 tf ie 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 :hall be: NAME Gary Chao DEPARTMENT PI2_nning Department 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. CITY OF CUPERTINO: By: Garv Chao Title: Associate Planner E;XPENDI URE DISTRIBUTION DEP EN AD DATE •~ ~ 110-2211 $4,800.00 CITY K DATE „X3-6 c7 ~`~ ~ / (' JAN-19-07 09:11 AM PANG ENGINEERS INC. 650 9417264 P. 01 ,~.. -~ ~:. ;:: ,, ~- P.O, Bvx 4255 '~ ~^ 1V ~ ~T~.~~~~~~'c ~~r. Mountain View, CA 94040 .Cl1V j~J -J l~ (650) 948-1030 TRAFFIC AND TRANSPURTA-I IofV CC~~NSU ANTS SAX (65Q) 941-PANU FAX TRANSMISSION e.,,o, NAME --~---- 7 . ~, V .~,.~. 3eference: BUBJ CT - ..,.;r~.•.:,,~.;:~...~:,~,!`„ae':~S~' .,~.,..~.,v',,,~;,.~.SS't;,~t '",.,.},+^•:;=:?r.7.;s~ iS~rtstiOi~?;~f:".,;Y;7;;9><r•• ;.:o`P~: r.;e, ~;'~t?~n"~8?i9~§~^: ~(~•r•>.~,,~y,:;,,, ,}., ,,.,,. , ......:......... . . . ... .... ........ ...... .........................h>.:e:.:.... , ;.<,,..;::„ ., is ~. ~; ,a . `~ 'h~. , ;~. ,,, . ~~; ,.L r yi. '~ ,. ~. ~/ _ ~~ ..'''"~~:......... "~J C2;L3;`Y1.:1^'~.~;3;.,~~,~,~,.ig:g71?fI'1~^%fs:3:~S:.r:::;:~..r.:: O~ .~ ti; ~. JAN-19-07 09:11 AM PANG ENGINEERS IFIC. v.Nr.•. c ~. T.e '~ 4c^55 vIEW 94040 76-1030 I.1°/~N(; 650 9417264 ~~=-~-~, _PANG ENGINEERS, ~N • '"'"~" TRAFF-iC AND TRANSPOF~TATION CONSULTANTS 1?-1692 January 18, 2007 Mr, Gary Chao Associate Planner City of Cupertino 1030(? Tot•rc Avenue. Cupertino, CA 95104-0255 RE'Traffic Engineering Services Abundant Lifc Church Traffic Study Dear Mr. Chao: We are pleased to respond to your request of January 1 ], 2007 fur a Traffic turfy on , ! the Abundant Lifc Church site on the east side of Stellirig Road in C:upettino. The project is the expansion of the Village Little Preschool t.o accommodate an inere~isc from the _54 existing students to 138 future students. Additionally, it is anticipated thaf the staff will increase from 10 existing to 23 futiu•c. employees. The. informa.tiotz that ' was submitted for us to review as part of the preparation of this proposal contained preliminary trip generation data from the applicant. We have discussed this preliminary trip generation data and the December 6, 2006 internal memo for the. proposed scope. of wotk with Dave Stillrr,an of the Public Works Department. In reviewing the. preliminary trip gcncration data, it appears that there may b~ some discrepancies. W~. propose; to providr. a l itnitcd trip generation study as Phase 1, to either verify or modify the estimated trip generation for the. proposed project. The trip generation will include turning tnovetncn': counts at the. project tine driveways for inbound and outbound trips. We pr pose to count on a Tuesday, Wednesday or ' Thursday from 7 to lOAIvI, and frotl~,~to~~M. The counts would provide a basis for• [he trip generation analyses and future. esl.itnates for. the proposed project, In this . manner, the estimated trip generation m•-1y be more site specific for the AM and PM peak hotu•s. The data may then he compared with standard Institute. of Transportation 1/nginecrs (IT•L} and/or San Diego Associ,3tion of Governments (SANDAG) trip gencr•ation data. Once the. raw data is collected and evaluated, the trip gcncration wiI] he calculated fir the existing land use- That same data may t}len be. utilized to project a future estimated trip ge.ncration for the. proposed project. It is anticipated that the "della" increase will b~ less than 100 peak hour trips. If that. assumption is verified, then a letter rt'port with. findings and conclusions regarding the trip generation comparison of the existing and future conditions will fie Ft-eparcd. P. 02 JAN-19-07 09:12 AM PANG ENGINEERS IhIC. ;yi--. .',; ::4 'i 'i?~ i ; ~. :~ ;a - l' .'~. ,; - ,,. ~T ~f 650 9417264 Shoulcl the "delta" increase in the trip generation during the peal: hour appl•oacll or exceed 100 peak hour trips, then a focused Traffic Impact Analysis (TIA) would be desirable as part of a Pha`e Il. For thiti proposal, wc. propose. that only l'hasc I work be perfc>rmed at this tinlc, ~~. We will provide the above Traffic Erzdinccring services on a Tithe and Materials basis for between $~i50U and $4500 per Exhibit A, "Hourly Ch;u~ge Rate Schedule". The. proposal excludes tncctings with the. applicant and any other meetings c.g- Planning Commission, City Council, Community etc. `. Should this proposal he acceptable to they City of Capcrtino, picaSe issue a Purchase Order so that we tray proceed with t:be counts as soon as possible. ~,i ~~ As a background, Pang Engineers, Inc. has specialized experience in Traffic Engineering Services and has serve>.d numerous cities, counties, CalTranti, as well as land developers for over 25 years. Recently, we completed several projects in the City of Capcrtino e.g. Whole Foods on the. northeast quadrant of the Stelling Road and Stevens Creek Boulevard intersection, the fonz~er Any Mountain site. on the southwest quadrant of the De.Anza Boulevard and 1'/Iariani A~enuc intersection, the. Marketplace ~~ at Stevens Creek Boulevard and Portal Avenue, and as a consultant. to the. Public ` Works I~epu-tment on the Congestion Managetacnt Program (CMY) monitorit~~ at the critical intersections with the TRAFFIX software program. Additionally, prior projects were completed for a housing devclopnu;nt on Imperial Avenue, and the potential conversion of a vacant industrial buildirtl; tc> housing on Tantau Avenue. ~`` We apprcciat.e the opportunity to be considered for these professional consulting ,v.'i "ar -` ~` engineering services and look forward to working with you. Should you have any `~~" ~°~ questions, please do not hesitate to call. :, P. 03 Very Truly Yours, -.- ~ . ~ Gay Lawrence fang Enclosure: 1/xhibit A E-Mail: glpC~pang<tl,gnccrs.cotr~ -2- ~~ PANG ENGINLERS_ I1~i~. JAN-19-07 09:13 AM PANG ENGINEERS Ih~C. ~, . ;~4 ~i '., ;.A .. ~~1~. 650 9417264 P. 04 HOURLY CHARGE RATE S~'HEDUI,E Principal Engineer $160,00 Senior F,nginee.r $140.0() Associate Engineer $120.40 Assistant Endinccr $100.00 Technician / Research Associate $100.00 Draftsperson $100.00 Clerical $ 80.00 Expenses: Travel, Reproduction, ad Miscellaneous Expenses x 1,25 Ia P:~. %' bi '. i };~- :!~. Y ~ '3 '.; 9e{. ,r'r~ :~; ~; ',: r" `, . ~;, ~ u. . E.K" C}3 Cry` ( thru .tune 30, 2007