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05-129, Pang Engineers, Inc. AGREEMENT {)S-/.:<1 CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777 -3200 NolWiS-~7 ~ BY THIS AGREEMENT, made and entered into this Lday of October, 20~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Name (1) Pana Enaineers. Inc. (2) Address P. O. Box 425~ City Mountain View Zip 94040 Phone (650) 948-1030 (Hereinafter referred as ~RACTOR), In consideration of their mutual covenants, the parties hereto agree as follows: ~:10 CONTRACTOR shall proviCte or furnish the following specified services and/or materials: Traffic Impact Analysis for Whole Foods EXHIBITS: The following attached exhibits hereby are made part of this Agreement: See Attached Scope of Services TERMS: The services and/or materials furnished under this Agreement shall commence on October 10, 2005 and shall be completed before December 1. 2005 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $19,000.00 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. c~ By ~ ~,L-. f~4 Title j;'l...,.-J..:.-, f4L-- I Gee. Gee.. iF F~ fAj><' :tf\/l7'J-OZ.'1-tbIZO APPROVALS D THAD CITY OF CUPERTINO: By Title Assistant Director EXPENDITURE DISTRIBUTION T $19,000.00 AUG-24-05 11:07 AM PANG ENGINEERS INC. , ; . '~"lJt.WM.N':tr4t.IG.cf,rE , ., . '.. .' , , . t. / ! . ,'. ", ;. .: , .' ~ , '.j' ,I , ~ " . :~ , " ',/ : . ~. ': ~ , ',I Po BOx 425& .:t.IovNTAIN VIEW ':~ CA 94()4ij . .~: !,. I . '. ;.. ~ ,'(tl5O) 941l., 030 r:~i(6!iOI (Hl.PANG ;. -, "1' :':'1' ..;;1 650 9417264 P.02 r:: rANG ENGINEERS, INC. ;:: TRAF'FIC AND TRANSPORTATION CONSULTANTS ~ - P-1658 August 23, 2005 Ms. Karen N go SAND HILL PROPERTIES 30 East 4th A venue San Mateo, CA 9440 1 RE: NE Quadrant Stevens Creek Boulevard/Stelling Road Dear Ms. Ngo: Based on a prcliminary review of the site pl~l, a field review, and recent phone conversations with you and Glenn Goepfert of the City of Cupertino, we have prepared a proposed scope of services for a Traffic Impact Analysis (TLA) Report for the development of approximately 67,386 square feet of gross floor area (OF A) of Supennarket space. The TIA will be pcrfomlcd ill accordance with the Congestion Man.agement Program (CMP) guidelines for the Santa Clara Valley Transportation AuthorilY (VTA), as well as for the City of Cupertino. In the preparation oJ this proposal, several issues have arisen and are being hrought to your attention. 1. The location of the project is in close proximity LO DeAnza College at the southwest qua~ranl of the Stevens Creek Boulevard and Stelling Road intersection. Thus, any intet$ection traIfic counts should include as a baseline, the schoollraffic. If new intersection counts are determined to be required along Stevens Creek Boulevard at any critical intersection, the countS should be performed in late September aIter the start of classes at DeAnza College. Obtaining lhe new count data could delay the project schedule. 2. The trip generation will be estimated widl lhe lnstitute of Transportation Engineers (ITE) reference for a supermarket project. When t11e credit for dlC e~sting 37,254 square feet of car sale space is factored into the estimates. and a passby reduction for the supennarket land use, the net trip generation estimate may he somewhat Jess than anticipated. Once the net trip generation is agreed to by the City of Cupertino, the total nwnbcr of intersections that should be analyzed may be adjusted accordingly. 3. The "Approved Trip Inventory" (ATI), i.e. the trips from projects already approved but whose trips are not yet on the streeL network, is assumed available from the City of Cupertino. The A 11 should be constantly updated. If the inCOITect number of trips are in this data base. thc challcnge will be to update the infonnation in a timely manner. Simil~ly, the "pending projects" list should have available the estimated number of peak: hour trips which are to be applied LO the critical intersections for the Level of Service (LOS) calculations. AUG-24-05 11:08 AM PANG ENGINEERS INC. 650 9417264 P.04 ", . , , . .; " , :', :: ~ .' ;;: ~ ~ l' ~ : (. P-1658 August 23,2005 ,J, '. iJ ";, ~ ',);i' ;.' .,.:: SCOPE OF SERVICES TRAFFIC IMPACT ANALYSIS REPORT NOR,TI-IEAST QUADRANT STEVENS CREEK BOULEVARD AND STELLING ROAD cITY OF CUPERTINO, CALIFORNIA , t' ".t ,;. , ; 1. F~eld review of the project site and its surrounding land uses, street patterns and , criti~al intersections. Particular emphasi~ on the existing DeAn7.a College traffic in close proximity to the project site. Obtain and verify the existing building sizes to be razed. 2. Trip genera.tion with estimated trip distribution and assignment of daily, AM and PM peak hour trips for the supcnnarket land use. Define the existing Anderson Chevrolet as a cat sales facility and the proposed project a<; a supennarket, and match them to the appropriate Institute of Transportation Engineers (ITE) classjfication. The proposed project is expected to have approx.imately 67,386 square feet of supenmu-k.et space. The ITE Trip Generation rates, Seventh Edition, 2003, with passby credits for th~ supermarket land use and and trip reductions/credit for the existing car sales land use will be referenced and included in the analysis. 3. Turning movement counts at up LO 5 critical intersections for the peak hour pcriQds frortl 7 to 9 AM and 4 to () PM as an allowance. The, City of Cupertino will be consulted to d,etennine the available turning movement counts and which intersections require 'new counts. ,"\ , ,: I.. , .. ': ~ . .. :. .~ : ~' ...... , " . :. ~ ' .~. '; , i , i . j' " .': ~ 4. A level of service analysis at up to 10 signalized intersections during the AM and PM p~ hours fOf several conditions with the equivalent of the Highway Capacity Manual aetay methodology Le. TRAFFIX software, for several conditions: , ~" .. ~. l\. Existing (2004/2005); b. Existing + Approved Projects (ATI), or "Background Traffic"; c. Existing + Approved Projects (A TI) + With This Project; d.' With Mitigation (if required); e. Cumulative i.e. "e" above + "pending procjcts" (if required). WbiJ.e the intersections to be analY7.ed will be determined in consultation with the City of Cupertino, an early estimate of the intersections are shown on the Intersection Map~ A maximum of 10 intersections are listed with the possibility of either adding or elitninating several intersections. The 10 intersections may be adjusted in consultation wi~ the City of Cupertino. Any intersections that may be added or eliminated wUl depend on the total nct project trip distribution estimates including all credits for the existing land Use. ' , , . { . . ~ .;' { .. ..',.\ :. ~ "/ ' ,,'t , '1 , . ~ -1- , ; iii '; " <fii: :',\.;;' , AUG-24-05 11:09 AM P~~G ENGINEERS INC. 650 9417264 P.05 ~ ~. . . , " , , '".,', :,'{ S. Comment only on the project trips on the freeway, e.g. State Route 85 and {-280 if required. 6. General circulation and more specific traffic access comments. with an emphasis on the ~umber and localion of access points to serve the proposed project. 7. Bus Transit and Bike infoffiliHion. 8. Mitigation measures to minimize Identifiable lmffic impacts for the near renn, incl4ding operational deficiencics where applicable. 9. Coordination with LIte City of Cupertino. 10. Two copies of U1C draft and [mal reports with Appendices. City of Cupertino/Santa Clar.i Valley Transportation Authority (VT A) to supply the following: 1. Updated Approved Trip Inventory (A TI) and signal liming data at the critical intersections ; 2, "~ending Projects' Trips" at the critical inlerse,ctions; 3. E~isting counts at applicable intersections for the AM anti PM peak hours where available and within 12 months of August, 2005. .' ~ , ; \ , ' ,i . ~. 'i : 't ';,~ "::. ~. . ~ ,( r, ~ . . ~. :.t. ; " ! " ,j , ;'{ , ,~ ' , .: J ' ~ ':,1 ' J , . , i', , '~ EXCLUSIONS; ", ~,"t ' ~, .' 1. SPecial and/or additional trip generation studies; 2. A4ditional i.ntersection counts (refer to the allowance); 3. TQffic Signal warrant analyses; 4. Tqtffic signal UrlatoOning"opcr"tional analysis; S. A4ditionallevc of service calculations for oilier alternatives; 6. Preliminary intersection designs; 7. ~(aiJed freeway segment analysis; 8. A ''far tenn" traffic analysis with a TRANPLAN model lUn; 9. Attendance at Public Meetings e.g. ~lanning Commission and City COWlciI; ,'j ~' , , ': ~:, ,J , [ , .. , , . ,:, ~ , . . /' " . , i . '~ ,. '. ,~ , ,"",' , -2- , . Ii1 '; .. -',~j' : ..~,I. AUG-24-05 11:07 AM PANG ENGINEERS INC. 650 9417264 P.03 .,. '. . , , 4. A freeway analysis would be contingent upon satisfying an increase or 1 % or more of the capacity of a freeway segment with project trips. Thus, there is the possiblity of m~g a statement rather than analyzing segments of State Route 85 and 1-280 if the threshold is not satisfied. . > We W"e familiar with the Stevens Creek Boulevard corridor, in that. recently, in the Year 2004, we completed a review of all of the City of Cupertino CMP intersections, including those at the State Route 85 East and West ramps. We have also reviewed for the City of Cupertino. the TIA for the redevelopment of a ponion of Vallco Park and fourjd potential discrepancies with the A 11, and operational deficiencies such ~ the exceedingly high right turn volumes on Pruneridge Avenue at Wolfe Road which were not mitigated. We have prepared a preliminary scope of services with (he above issues in mind. Should we be retained to perfonn Traffic Engineering Serviccs [or this project. we w.ill revi$e the preliminary scope of work [or the TIA Report after an initial meeting with the City of Cupertino. . We' will pcrfonn the preliminary base Scope ofTraftlc Engineering Scrvices on a Time and Materials basis as follows; ! i .., ". ~ BaseTIA Miscellaneous Expense~. e.g. travel, printing, etc' $15,600 $ 400 $16,000 BASE SUBTOTAL Allowance for turning counts, 5 intersections (AM and PM) $ 3,000 TOTAL CN / ALLOW ANCES) $19,000 .' " , We appreciate the opportunity to provide you with Traffic Engineering services and look forward .to working with you on this projecl. Should you have any questions. please' do not hesitate tQ call. We would be pleased to discuss the proposal including the trip genetation estimates with trip crcdiLS and trip reductions, as well as the A 11 issue at your earliest oppot1unily. ' . , '. ~ Very Truly Yours, '7 . , Enclosure; Prelim Scope of Services Intersection Map cc: Glenn Goepfert. City of Cupertino ':-C:!ft--- awrcncc Pang " ~ , , : . ,', I.' . ~2- :.1' fiI~_' , ., : l' " i;.~ ..'':,... .