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10-023 Kimley Horn and Associates, Inc., PS and E package for fiber connection AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue 032081 Cupertino, CA 95014 408 -777 -3200 NO. BY THIS AGREEMENT, made and entered into this 11 10 1 day of , 2010, by and between the CITY OF (Hereinafter Hereinafter referred to as CITY) and Kimley -Norm an Associates, Inc., 555 12 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: Preparing Plans, Specifications and Estimate (PS &E) package for fiber connection between Cupertino City Hall and Comcast hub. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, "Scope of Work" Exhibit B, "Cost Estimate" TERMS: The services and /or materials furnished under this Agreement shall commence on April 15, 2010 and shall be completed before June 30, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Payment to be made on a time - and - materials basis, not to exceed $10,000. 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: 1/4/ ENTER ED NAME: Rick Kitson DEPARTMENT: City Manager 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. CONTRA • CITY P; RTINO B By ,, �' = p Title \4 — I �"' Title Al/ � 1i Q „�s /, APPROVALS EXPENDITURE DISTRIBUTION DEP ROM E T AD DATE AC COI INT NUMBER AMOUNT 1 _ . 1 (0 610-9864-9400 $10,000 -(� CIT 6 4 15 7 , 1 , 1 4 DATE � '1%`' '�.J` CA-1 i'.E. / cc I'sy > EXHIBIT 'A' -rl Kimley -Nom �...i�_ and Associates, Inc. SCOPE OF WORK The following scope of work has been prepared based on the Comcast Fiber Project Summary of Work, 3/29/10 project meeting, and 3/29/10 preliminary field checks of splice points and new conduit/SMFO cable. The City of Cupertino is interested in establishing a fiber -optic link between Cupertino City Hall's video control room (10300 Torre Avenue) and the Comcast hub loaded at 10040 Imperial Avenue. (Estimated total distance is about 1.75 miles.) The primary goal of the project is the construction of a fiber -based Institutional Network intended for the transport of the City of Cupertino's television broadcast signal to Comcast's fiber insertion point. The connection will make use of existing single -mode fiber -optic cable (SMFO) between the City Hall's video control room and the intersection of Stevens Creek Boulevard at Bubb Road along Rodriges Avenue, De Anza Boulevard, and Stevens Creek Boulevard. Other connections to City Hall to be included as additive - alternates to the project include the following: • Cupertino Quinlan Community Center's Cupertino Room via new fiber in new conduit to intersection of Stevens Creek Boulevard at Stelling Avenue • Cupertino Sports Center via new fiber in new and existing conduit to intersection of Stevens Creek Boulevard at Stelling Avenue. • Cupertino Senior Center via new fiber in new conduit to intersection of Stevens Creek Boulevard at Mary Avenue. Kimley -Horn and Associates, Inc. (KHA) will provide design services for providing these fiber connections. Based on our understanding of the project, the design services will include the preparation of plans, specifications, and estimate for the following elements: • Install new 12- strand SMFO cable through new and existing occupied conduits between Comcast hub and Stevens Creek Boulevard at Bubb Road intersection. • Install new 12 -strand SMFO cable through new and existing occupied conduits between building communication room and a nearby fiber -optic splice point. • Install new conduits and new pullboxes. • Upgrade existing pull boxes and/or conduit sweeps. • Splice SMFO cable in existing splice closures at: o Rodrigues/ De Anza Boulevard o Stevens Creek Boulevard/ De Anza Boulevard o Stevens Creek Boulevard/ Stelling Avenue o Stevens Creek Boulevard/ Mary Avenue o Stevens Creek Boulevard/ Bubb Road • Install fiber termination panels and terminate SMFO cable at: o Cupertino Quinlan Community Center communication room o Cupertino Sports Center communication room o Cupertino Senior Center communication room o Comcast Hub o Cupertino City Hall Video Room. • Install and connect city - furnished video transcoding equipment • Test equipment and communications between hubs. City of Cupertino 4/2/2010 Cupertino Comcast Fiber Project pr Kimiey -Hom __ and Associates, Inc. Key assumptions • Project specifications will be based on Stevens Creek Boulevard Controller Connection Project as modified by the City. • City will coordinate with County and San Jose (to identify the fiber available to use for this project) and with Comcast (for access to building, termination location and requirements, project approval). No project meetings or coordination with other agencies is included in this scope of work. • Construction support is not included in this scope of work. The following are the proposed tasks and scope for the project: Task 1— Data Collection and Base Map KHA will gather the following information from the City (if available): • Building plans for Cupertino Quinlan Community Center, Cupertino Sports Center, Cupertino Senior Center, Comcast Hub, and Cupertino City Hall. • SV -ITS West Corridor Project plans • Cupertino De Anza Boulevard ATMS Project: plans • Cupertino Stevens Creek Boulevard Controller Connection Project plans KHA will use review these plans and identify a fiber path for the connections between the project buildings (Comcast Hub, City Hall, Quinlan Community Center, Cupertino Sports Center, and Cupertino Senior Center). After field check with City representative to confirm existing fiber splice points and placement for fiber termination panels, KHA will prepare network diagram identifying fiber path. Field checks will only be at areas of proposed work (e.g., splice points, new SMFO cable and/or conduit). Deliverable • Network Diagram Task 2 — Prepare DRAFT PS &E Based on information gathered in Task 1, KHA will prepare the DRAFT Plans, Specifications (technical provisions), and Estimate of probable construction coat (PS &E). We anticipate the following plan sheets for this submittal: 1. Title Sheet with vicinity map (1 sheet) 2. Notes and Legend Sheet (1 sheet) 3. New fiber installation Sheets (2 sheets) 4. Building communication room termination details (1 sheet) The fiber installation sheets for the project intersections will show the building access point, pull boxes, new conduit, new SMFO cable, fiber -optic pull box, existing splice closures. At intersections, conductor schedules will not be included as part of the plan set. Fiber splicing and termination information will be included as a table in the Specifications. The DRAFT PS &E will be submitted to the City for review and coordination with others. City of Cupertino 4/2/2010 Cupertino Comcast Fiber Project /lawn Kimley -Hom brih.i 1 and Associates, Inc. Deliverable KHA will submit the DRAFT PS &E electronically: • Electronic Plans in .pdf format (22x34) • Specifications in MS -Word format • Estimate in MS -Excel format Task 3 — Prepare FINAL PS &E Based on the City's comments on the DRAFT PS &E documents, KHA will advance the construction documents to FINAL design. It is anticipated that the FINAL design will be completed two weeks after teleconference with City to discuss comments. The final submittal will consist of the following: • Final Plans in 24 "x36" on mylar, plus 11 "x17" reduced plans. • Plans will be signed and sealed by a State of California registered civil engineer. • Plans will be provided to the City of Cupertino electronically in AutoCAD format. • Final Specifications will be provided in electronic and hardcopy formats. • Final estimate of probable construction cost in electronic and hardcopy format. • Estimated working days for construction will be included in the specifications. SCHEDULE KHA is prepared to begin work immediate upon receiving a Notice -to- proceed (NTP). The following schedule has been prepared based on an assumed NTP and City furnishing requested information by 4/9/10. Task Milestone ? Deadline Notice to proceed and 4/9/10 1 I receive City- furnished information Review plans, submit Network Diagram 4/16/10 2 I Submit DRAFT PS &E 4/23/10 3 Receive Comments from City (and 1 4/30/10 1 others) ? 1 Submit FINAL PS &E 1 5/14/10 City of Cupertino 4/2/2010 Cupertino Comcast Fiber Project