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05-005, MTCI California Corp CUPEIUIN AGREEMENT NO. tJlJllS-13ll CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3200 BY THIS AGREEMENT, made and entered into on the 27th day of January , 20~, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) MTCT o.f"CRliforniR r.orporRf"ion (2) , Address 1280 Boulevard Way. Ste. 200 City Walnut Creek. CAZip 94595 Phone (925) 930-0500 (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: Red Light Violation study at 6 locations in the City EXHIBITS: The following attached exhif>its hereby are made part of this Agreement: See attached memo TERMS: The services and/or materials furnished under this Agreement shall commence on February 1, 2005 and shall be completed before Februarv 25, 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $1,000.00 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 agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and uab,Utyteud,ng all costs of defending any claim, caused by or ansing out of the perto""ance of this Agreement. City shall not be liab e for acts of Contractor in performing services described herein. due to negligence, errors and omissions 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. CONTRACT CO-ORDINATOR and representative for CITY shall be: NAME Vicki Guapo DEPARTMENT Public Works This Agreement shall become effective upon its execution by parties have executed this Agreement the day and year first written above. CONTRACTOR: ~ ' ~'e 1:~I~'- '//. t - T" f Go<. !Joe. d' 1 f- J 13 li: :J I 1- 10 APPROVA :~~YO~~rJ ({ (( {~/ litle Di [octor of P"h 1J c WOrk~ AMOUNT Gold: Department City Hall 10300 Torre Avenue Cupertino, CA 95014-0255 Phone: 408.777.3354 Fax: 408.777.3333 err\' OF CUfE~~RoFPUBLICWORKS 13 January 2005 File: 74,000.21 David Yazhari MTCI California Corporation 1280 Boulevard Way, Suite 200 Walnut Creek, CA 94595 RE: Traffic Engineering Services to Study Red-Light Violations - in the City of Cupertino Dear Mr. Yazhari: Again, I would like to contract your services to re-evaluate the five (5) locations (six movements) previously studied in connection with red-light violations. As before, the evaluation consisted of one (1) hour review and recording any red-light-violations after the phase (movement) immediately turned RED and during the same PM peak hour. For clarification, during the hour of each study, the study shall be broken down in 15 minute intervals and within each intervals list tick marks or whole numbers of violations. Intersections Movement Hour Previous Red Light Studied Studied Date Violation P.M. Studied 1. Stelling Ave. & Stevens Creek Blvd.. West to South Left Turn 5-6 7/14/04 0 2. Stevens Creek Blvd.. & SR 85 E. Ramp Northbound (outbound) 6-7 7/20/04 6 De Anza Campus . 3. Stevens Creek Blvd.. & SR 85 E. Ramp East to North Left Turn 6-7 7/20/04 4 4. Wolfe Rd. & Pruneridge Ave. South to East Left Turn 5-6 7/15/04 3 5. Tantau Ave. & Stevens Creek Blvd. Westbound 6-7 7/15/04 2 6. Homestead Rd. & De Anza Blvd.. North to West Left Turn 5-6 9/15/04 15 I'm interested in having this return study begin as soon as possible and delivering by mid February. At you convenience, please prepare a quote so I may proceed with the agreement. If you have any questions please call me at 408.777.3243. Sincerely, ~ Vicki Guapo Senior Traffic Technician nrs.traflie swdy.doc: Enclosed. Map Printed on Recycled Paper