05-132, Pang Engineers, Inc.
AGREEMENT
()6--/32-
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
NO.fJtT1J S- 4cf~9
BY THIS AGREEMENT, made and entered into this 17'h day of November, 20Q9... by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Pang Engineers. Inc. Address P. O. Box 4255
City Mountain View. CA Zip 94040 Phone (650) 948-1030 (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:
TRAFFIC IMPACT ANALYSIS FOR MARKETPLACE (STEVENS CREEK BOULEVARD)
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: SCOPE OF TRAFFIC
ENGINEERING SERVICES (11/1/05)
TERMS: The services and/or materials furnished under this Agreement shall commence on November 17. 2005 and
shall be completed before June 30.2006
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Amount not to exceed $15,000.00
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 liability due to negligence, errors and omissions, including all costs of defending any claim. caused
by or arising out of the performance of this Agreement. City shall not be liable for acts of Contractor in performing
services described herein.
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:
JEJ ENTERED
NAME
Glenn Goepfert
DEPARTMENT
Public Works
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.
CON~
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APP OV S
::TY~_RTIN~
Title Assistant Director of Publi rks
EXPENDITURE DISTRIBUTION
1.2/ /D5 110-2211
D 7~ 05
$15,000.00
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NOV-01-05 11:11 AM PANG ENGINEERS INC.
650 9417264
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'<~UNTAIN VIEW
'; CA 94040
"'; .(ese) 946.1030
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=:: _.. TRAFFIC AND TRANS':ORTATION CONSULTANTS
P-1664(R)
November 1. 2005
Mr. Gary Chao
Corpmunity Development Department
CITY OF CUPERTINO
l03()o Torre Avenue
Cupertino. CA 95014-3255
RE: MarketPlace
Stevens Creek Boulevard
Dear Mr. Chao:
Based on a preliminary review of the site plan, a field review. recent phone
conversations willi you, and a preliminary meeting on October 31, 2005, we have
prepared a revised scope of services for the continued development of the "MarketPlace"
on Stevens Creek Boulevard. Assuming that most of the particulars have been ironed
out at the initial "kickorf' meeting, the project is assumed as follows based on your
verbal tnput: remove a bank with 5,174 square feet of gross floor area (GFA) and. strip
comJllcrcial retail.of 17,094 square feet GFA, and replace those tW91and uses with a
combined commercial retail with office building of 4,800 square feet GFA (with the
percent allocated to each type of land use to be determined), and two other strip
commercial retail of 3,280 and 6,375 square feel of GFA respectively.
Based on some preliminary work, it is estimated iliat the proposed project will not
genet-utc at least 100 peak hour trips. In fact, we estimate that the total daily. and AM
and t>M peak hour trips will be a negative from the proposed project. Thus, a Traffic
Impact Analysis (TIA) report will not be required, nor any Level of Service (LOS)
calcu)ations. A trip generation comparison letter report is suggested for documentation
pW'poses and will also include general lrip generation information of the entire site as
developed to date per your request.
The parking supply and demand analysis will be performed as outlined in the proposed
scope of services. A key element is the time of !.he actual maximum parking demand 0.0-
site. 'The time frames will be selected with input from the City of Cupertino. Another
key element is whether or not the adjacent Portal Avenue public street parking may be
coun(ed as part of the satisfaction of the parking supply, should the parking demand
exceed the parking supply via code or actual demand. There now is included a potential
fourth time frame for the parking demand analysis i.e. three on a Thursday and one on a
Saturday.
Also,.Traffic Engineering consultation for the pOlcntail Traffic Calming issue on Portal
A venUe and the traffic,; signal operational deficiency issue at the St~veI1s Creek
Boulcvard/Portal Avenue interseclion is now included. An allowance is set aside for
that service.
NOV-01-05 11:11 AM PANG ENGINEERS INC.
650 9417264
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We are familiar with the Stevens Creek Boulevard coITidor. and in this site purticulatJy
as we have had previous informal conversations with representives of thefroject site.
Addhionally, in the Year 2004. we completed a review of all of the City 0 Cupertino
CMP intersections, including those along Stevens Creek Boulevard at Wolfe Road-
Mill~r Avenue, and along Wolfe Road at the north and south ramps with 1-280. We
have also reviewed for the City of Cupertino, the TIA for the redevelopment of a portion
of Valle 0 Park and found potential q.iserepancies with the ATI. and operational
deficiencies such as the exceedingly high righllum volumes on Pruneridge Avenue at
Wol.fe Road which were not mitigaled. We cun"ently are working on the 11A for the
Whole Foods site at the northeasl comer of Stevens Creek Boulevard and Stelling Road.
We have prepared a preliminary scope of services which should be reviewed and
discussed prior to start of work. We will perfonn the preliminary Scope of Traffic.
EngIncering Services on a Time and Materials basis for between $14,500 and $15,000
maximum. The potential variables are about $1 )500 to $2)000 as an allowance for the
traffic calminft issue and for the potential [faffie signal operational deficiencies at the
Stevens Creek BoulevardIPortal Avcnue intersection, which already is included in the
base fee estimate.
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We appreciate the opportunily to provide you witl} Traffic Engineering services and look
forward to working with you on this project. Should you have any questions) please do
. not h9sitate to call. We would be pleased to discuss the proposal at your earliest '
: opptmunity.
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Enclosure: Revised Scope of Services
cc: Glenn Goepfert (wi enc1)
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NOV-01-05 11:12 AM PANG ENGINEERS INC.
650 9417264
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P-1664(R)
November I, 2005
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SCOPE OF SERVICES
TRAFFIC IMPACT ANALYSIS AND PARKING STUDY REPORT
MAAKETPLACE
STEVENS CREEK BOULEVARD
CITY OF CUPERTINO, CALIFORNIA
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1. Field review of the project site and its slIn'ounding land uses, street patterns and
critical intersections. Obtain the cxisting building sizes to be razed and the total square
footage and land use types for the "ncw project".
2. Trip gcncr;ltion comparison or the new project with credits for the buildings to be
razed, and relate the trip generation to the previously approved Traffic Impact Analysis
Report (TIA) for the MARKETPLACE site. The ITE Trip Generation rates, Seventh
Edition, 2003, with passby credits for the appropriate strip commercial land use and trip
redu,ctions for strip commercial and bank I.arid uses would be referenced. An ~ternate
trip seneration reference is thc San Diego Association COlU1Cil of Governments ' ,
(SAJ'lDAG). Additionally, the entire development on site will have a total bit>
generation for daily and AM and PM peak hour trips estimate prepared for purposes of
information only. A leller report with findings and conclusions will bc prepared for the
trip genera,lion comparison for the proposed project and for the cntire developed site,
3- A level of service analysis is assumed NOT REQUIRED if the toral increase of peak
hour trips is less than 100. Based on a ~rcliminary estimate of new peak hour trips for
the proposed project, there should b~ a net negative trips and an insignificant impapt.at
the c.ritical lnrcrse<.:tions during the AM and PM pcak hours. This infonnation will be
ttan~mittcd in a letter report per Item 2 above.
4. A parking supply and demand study will be performed in accordance with input from
the City of Cupertino. Based on our familiarity with the project site and with parking "
studies perfomed elsewhere in Sanla Clara County and particularly in the City of
Cupertino, we propose tllC' following:
a. Select the appropriate times for the parking demand counts; For examplc, three ti~e
peri6ds fora'typical weekday such as 11:30 AM to 1:30 PM for the restaurant, office '
and ~lrip commercial parking demand, 2:30 to 3:30 PM for the strip commercial and
office parking demand, and 7:00 to 8:00 PM for the evening restaurant deman,d is
suggested. Since there be a desire for a typical weekend-day such as Saturday, a ,
park.{ng demand would also be perfonned for one additional time frame, e.g. 1 to 2:3,0
PM for the restaurant and retail land uses. We are suggesling a Thursday for the
wee~day parking demand counts.
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NOV-01-05 11:13 AM PANG ENGINEERS INC.
650 9417264
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b. A parking supply count would be performed lO confinn the parking supply shown
on $e site plan. The parking supply would be compared with the parking required per
the City of Cupertino zoning code for individual land uses. If the actual parking supply
does not satisfy the current parking supply per code requirements, then the adjacent'
public street parking on Port.'l1 Avenue may be considered as a supplement to the acWal
parking supply. .
c. Afler obtaining the appropliate parking demand numbers, a comparison may be made
wid) the parking requirements via the zoning code. Several analyses and comparisorts
will be conducted, e.g. actual parking supply vs parking supply by code for individ~a1
land uses, and actual parking supply vs measured parking demand for the entire site Jor
.. the existing condition; also, parking supply with the proposed site plan vs parking ,
supply by code (should alrcady be completed by the architecl as part of the submittal for
pIal) check), and proposed parking supply vs the projected parking demand based on the
measured parking demand for the entire project site. Since the MarketPlace has several
. land use types, e.g: strip commercial, offies, restaurantc; etc, there should be the benefit
of joint use parking. .
d. $ince the existing condition may have some on-going conslruction uses~ thc, intcrtt is
to al1empt tu isolate the recently completed but vacant building with the remainde.- of th,e ,
site~ TI1C City of Cupertino will supply the actual vacancy on-site al the time of the
par~ng sW'Vey. With the vacancies available, lhe actual parking demand will be raised
. proportionately to aqjusL for Uk vacancies. The existing actual parking demand for tbe
entire site will than be known and subsequently adjusted for the "with project" .'
condition.
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e. A leller reporl with findings. conclusions. and recommendations will be presented
with the appropriate tables, charts etc.
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5. Consultation with the City of Cupertino on two issues. The first is the exfstmg
traffic calming device on Purtal Avenue and the second is the potential traffic signal"
operational deficiencies at the Stevens Creek BoulcvardIPol'tal Avenue intcrs6ction. '
This item will be performed on an a.c;-necdcd basis. '
6. Coordination with the City of Cupertino.
7. Two copies of the draft and final reports with Appendices.
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NOV-01-05 11:13 AM PANG ENGINEERS INC.
650 9417264
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City of Cupertino to supply the following:
1. The original MarketPlace TIA;
2. The "Existing" and "Proposed" site plans for the MarkcLPlace;
3. l'Existing" and "Proposed" parking supply and parking requirements by code (pe~
ArchitecL); , .
4. Spreadsheet with the parking in~onnation for the "Existing" and "Proposed" land
uses;
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EXCLUSIONS:
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1. Special and/or additional trip generation studies;
2. Iritersection counts;
3. traffic Signal warrant analyses;
4. Traffic signal "platooning"operational analysis;
S. Level of service calculations fOf other alternatives;
6. Preliminary intersection designs;
7. Oetailed freeway segment analysis;
8. A "far term-' traffic analysis with a TRANPLAN model run;
9. Attendance at Public Meetings e.g. Planning Commission and City Council 111
excess of 2 meetings per the allowance.
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