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09-061 Kimley-Horn & AssociatesAGREENIENT ~l ~~ CITY OF CUPS=RTINO 10300 Torre avenue Cupertino, CA 95014 408-777-3!00 NO. D~D~~~6Q" BY THIS AGREEMENT, made and entered into this '~da.y ot~une , 20O'~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Kimley-Horn and Associates, Inc., 555 12'h Street, Suite 1230, Oakland, CA 94607, (510) 625-0712, (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 Signal Intersection CAD Drawings EXHIBITS: The following attached exhibits hereby are made p;3rt of this Agreement: Exhibit A, "Scope of Work" Exhibit B, "Cost Estimate" TERMS: The services and/ materials furnished under this Agreement shall commence on June 15, 2009 and shall be completed before June 3~1 ~ 010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of 51,000.00. 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. C(ty 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 Certiflcate shall be subject to the approval of City'; Director of Administrative Services. Non-Discrimination. No discrimination shall be made in the employment o1' 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 rela0onship 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 obligaflons in execu0ng tills 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 HMtten 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 sh~rll be: NAME: David Stillman DEPARTMENT: Public Works ENTERED 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. CONT R: CITY OAF C~UP~ERTINO: .... ... BY gY Title ~i ~ f2 ~: T°5.~~~~ Title Sr= r--~ ~~ C ~ ~~ i E~, ~ ~ n.et:^f~ Soc. Sec. # or Tax I.D. ~(<•' 0 ~ - SI ~t!+ / s APPROVALS EXPENDITURE DISTRIBUTION MENT DATE ~" 110-8601-7014 $21,000 CLER D~ _ ~ _~ 0 ~ ~ KimleyHom ~ A C. and Associates, Inc. SCOPE OF WORK The City of Cupertino is interested in converting their existing traffic signal plans from hard-copy sheets into digital CAD files. Kimley-Horn and Associates, Inc. (KHA) will provide engineering services in preparing CAD drawings based on the existing traffic signal plans and revisions marked-up by the City. No fieldwork is included within this scope of work; any changes or field confirmations will be identified by the City and conveyed to KHA in written format. An initial set of 4 intersection plans will be worked on first in order to work out the communication process and any City preferences for the final product. The remaining intersections will be prepared insets of intersections as determined b}~ the City until the remaining project budget is used up. The following are the proposed tasks and scope for the project: Task 1-Data Collection and Set-up City CAD Base Under this task, KHA will obtain the following information from the City: ^ Traffic signal design plans and/or record drawings ^ Digital files with street information ^ GIS shape file with street centerline ^ CAD file from water/sewer department showing edge of pavement and back of walk (for limited locations) ^ CAD standards and layering/ naming conventions The City will identify and verify any discrepancies and changes that need to be made to the plans and provide such information to KHA in written format. One in-person meeting is included in this task. KHA will meet with the City staff to pick-up the above information and review the hard-copy traffic signal plans and CAD standards. Using the CAD and GIS files provided by the City, KHA will prepare a CAD base file to be used for the project. Where information is not available in the files, assumptions regarding roadway characteristics (roadway width, face of curb, gutter lip) will be coordin:rted with City staff and documented. CAD files will be prepared in AutoCAD 2007 format (or other AutoCAD~ format as approved by the City). Task 1 -Deliverables: • Meeting attendance, agendas and notes • CAD base file (AutoCAD 2007) Task 2 -Prepare DRAFT traffic signal CAD file (Initial Set) Under this task, KHA will place the existing traffic signal equipment (e.g., poles, heads, conduit, pull boxes) and annotations into the CAD base file for an initial set of four intersections based on the information gathered in Task 1. Conductor and equipment schedules will be included in the base file (but in an area off of the street network). Individual viewports will be set-up for each project intersection. Task 2 -Deliverables: • CAD base file with traffic signal equipment (AutoCAD 2007) • Intersection sheets (.pdf format) City of Cupertino 6/1/2009 Traffic Signal CAD drawing preparation ~~~ a~ndieyA o ates, Inc. ~~~~~~ 1~ Task 3 -Prepare FINAL traffic signal CAD file (Ini.tial Set) Under this task, KIIA will receive written City commen s on the DRAFT traffic signal CAD files and prepare FINAL files. Task 3 -Deliverables: • CAD base file with traffic signal equipment (AutoCAD 2007) Intersection sheets (.pdf format) Task 4 -Prepare CAD for additional intersections KHA add traffic signal information for other intersections to the City CAD base file. Plans will be provided for these intersections in groups of no less than 8 intersections. An estimated 4 hours per intersection for 26 intersections has been budgeted for this task. For each set, KHA will prepare DRAFT CAD files and Final CAD files with the same deliverables as Task 2 and Task 3 above. The schedule for the deliverables will be mutually agreed upon for each set of intersections and may vary depending on the number intersections anti their complexity. The goal will be to prepare the draft plans within 2 weeks of receiving the plans from the City and to prepare the final plans within 1 week of receiving a single set ofnon-conflicting comments from. the City. SCHEDULE KHA is ready to begin work immediately on this project upon receipt of notice-to-proceed (NTP) from the City. Key milestones are shown below: Deliverable/ Milestone Deadline Schedule kick-off meeting/ request project information 1 week from NTP Prepare City CAD 1 week from kick-off meeting Prepare DRAFT CAD file (Initial Set) 3 weeks from kick-off meeting Prepare FINAL CAD file (Initial Set) 1 week after receipt of City comments Prepare DRAFT CAD file (Additional Intersections 2 weeks after receiving plans from City Prepare FINAL CAD file (Additional Intersections) 1 week after receipt of City comments City of Cupertino 6/1/2009 Trafftc Signal CAD drawing preparation i ~ KimleyHom ~L~1 u~l , ~ and Associates, Inc. PROFESSIONAL FEE KHA proposes to provide professional services for the preparation of traffic signal CAD drawings on a time- and-materials basis with a total not-to-exceed fee of :621,000 The attached spreadsheet is a breakdown of hours and costs associated with each task. The task budgets and staff hours are estimates only and KHA reserves the right to allocate resources among the tasks to suit project needs while maintaining the overall authorized not-to-exceed fee. Services other than those set forth in the Scope of Services shall constitute additional services. Additional services shall be performed only with your authorization. and be billed on atime-and-materials basis as per the attached rate schedule. The fee for these services will be negotiated as the tasks are defined. City of Cupertino 6/1/2009 Trafftc Signal CAD drawing preparation Cupertino CAD Drawing Preparation Cost Estimate-DRAFT 6/1 /2009 by: EKC checked by: RRD Rate 2008 rates $ 185 $ 120 6.15% Estimated Pro osed Staff Elbert Matt Total Total Indirect Direct Total Task Role PM P1 Hours Labor Costs E enses E enses Task Cost Bu et Task 1-Data Collection and Set-u Ci CAD Base Kick-off Meetin and review Ci drawin s 6 6 $ 1,110 Ci CAD/GIS coordination and standards review 1 2 3 $ 425 Cit CAD/GIS coordination and set-u Ci base 4 4 $ 480 Labor Subtotal 7 6 13 $ 2,015 $ 124 $ 50 $ 2,189 $ 2,200 Task 2- Pre are DRAFT traffic si nal CAD file Initial Set Add traffic si nal information to base 4 8 12 $ 1,700 QC review and submit 2 4 6 $ 850 Subtotal 6 12 18 $ 2,550 $ 157 $ 20 $ 2,727 $ 2,800 Task 3- Pre are FINAL traffic si nal CAD file Initial Set Receive and incorporated Citv comments 1 4 5 ~ 665 Internal QC review and submit 1 3 4 $ 545 Subtotal 2 7 9 $ 1,210 $ 74 $ 20 $ 1,304 $ 1,300 Task 4- Pre are CAD for additional intersections Add traffic si nal information to base 4 48 52 $ 6,500 QC review and submit Draft files 8 18 26 $ 3,640 Receive and incor rated Ci comments for Final files 8 18 26 $ 3,640 Subtotal 20 84 104 $ 13,780 $ 847 $ 80 $ 14,707 $ 14,700 TOTAL 35 109 144 S 19,555 1,203 170 3 20,928 3 21,000 (I~ • v• ~' ,~~ ~• T:\Marketing\Proposals\Cupertino Traffic Signal CAD\CupertinoSignaICADCost Estimate.xls OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CIIPERTINO, CA 95014-3255 TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366 WEBSITE: www.cupertino.orc~ CUPERTINO June 9, 2009 Kimley-Horn and Associates, Inc 555 12th Street, Suite 1230 Oakland, CA 94607 To Whom It May Concern: Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you have any questions or need additional information, plc;ase contact the Public Works department at (408) 777-3354. Sincerely, CITY CLERK' S OFFICE Enclosure