13-046 Agreement, Kimley-Horn and Associates, Inc., Consultant Services for De Anza Boulevard/Rodriguez Ave Traffic Signal ModificationDesign Services (111:k OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
iys TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE:www.cupertino.org
CUPERTINO
April 9, 2013
Kimley-Horn and Associates, Inc.
1300 Clay Street, Ste. 325
Oakland, CA 94612
Re: Consultant Services for De Anza Boulevard/Rodrigues Avenue Traffic Signal Modification
Design Services
An original copy of your agreement with the City of Cupertino is enclosed. If you have any
questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
Enclosure
cc: Public Works
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND KIMLEY-HORN
AND ASSOCIATES,INC.,FOR CONSULTANT SERVICES FOR DE ANZA
BOULEVARD/RODRIGUES AVENUE TRAFFIC SIGNAL MODIFICATION
DESIGN SERVICES
THIS AGREEMENT, for reference dated 4, 1 .fir , 2013, is by and
between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to
V--"2-3P s "City"), and Kimley-Horn and Associates, Inc., a California corporation, whose
:ddress is 1300 Clay Street, Suite 325, Oakland, CA 94612, (510)625-0712
(hereinafter referred to as "Consultant"), and is made with reference to the
following:
RECIETALS:
A. City is a municipal corporation duly organized and validly existing
under the laws of the State of California with the power to carry on its business
as it is now being conducted under the Constitution and the statutes of the State
of California and the Cupertino Municipal Code.
B. Consultant is specially trained, experienced and competent to
perform the special services which will be required by this Agreement; and
C. Consultant possesses the skill, experience, ability, background,
certification and knowledge to provide the services described in this Agreement
on the terms and conditions described herein.
D. City and Consultant desire to enter into an agreement for
upon the terms and conditions herein.
NOW, THEREFORE, it is mutually agreed by and between the
undersigned parties as follows:
1. TERM:
The term of this Agreement shall commence on the date this agreement is
executed and shall terminate on July 12, 2013, unless terminated earlier as set
forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Exhibit "A".
titled "Scope of Work, Schedule and Fee" which is attached hereto and
incorporated herein by this reference.
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Agreement
3. SCHEDULE OF PERFOMRANCE:
The Services of Consultant are to be completed according to the schedule
set out in Exhibit A.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed Eight Thousand Four Hundred Dollars ($8,400.00) for
Basic Services and Reimbursable Expenses. The rate of payment is set out in
Exhibit A.
Consultant shall furnish to City a detailed statement of the work
performed for compensation during the term of this Agreement. Consultant may
submit monthly invoices for interim progress payments during the course of
each phase, clearly stating as a minimum the total Contract amount, amount paid
to date, percent complete and amount due.
5. TIME IS OF THE ESSENCE:
Consultant and City agree that time is of the essence regarding the
performance of this Agreement.
6. STANDARD OF CARE:
Consultant agrees to perform all services hereunder in a manner
commensurate with the prevailing standards of like professionals in the San
Francisco Bay Area and agrees that all services shall be performed by qualified
and experienced personnel who are not employed by the City nor have any
contractual relationship with City.
7. INDEPENDENT PARTIES:
City and Consultant intend that the relationship between them created by
this Agreement is that of employer-independent contractor. The manner and
means of conducting the work are under the control of Consultant, except to the
extent they are limited by statute, rule or regulation and the express terms of this
Agreement. No civil service status or other right of employment will be acquired
by virtue of Consultant's services. None of the benefits provided by City to its
employees, including but not limited to, unemployment insurance, workers'
compensation plans, vacation and sick leave are available from City to
Consultant, its employees or agents. Deductions shall not be made for any state
or federal taxes, FICA payments, PERS payments, or other purposes normally
associated with an employer-employee relationship from any fees due
Consultant. Payments of the above items, if required, are the responsibility of
Consultant.
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Agreement
8. IMMIGRATION REFORM AND CONTROL ACT (IRCA):
Consultant assumes any and all responsibility for verifying the identity
and employment authorization of all of his/her employees performing work
hereunder, pursuant to all applicable IRCA or other federal, or state rules and
regulations. Consultant shall indemnify and hold City harmless from and
against any loss, damage, liability, costs or expenses arising from any
noncompliance of this provision by Consultant.
9. NON-DISCRIMINATION:
Consistent with City's policy that harassment and discrimination are
unacceptable employer/employee conduct, Consultant agrees that harassment or
discrimination directed toward a job applicant, a City employee, or a citizen by
Consultant or Consultant's employee or subcontractor on the basis of race,
religious creed, color, national origin, ancestry, handicap, disability, marital
status, pregnancy, sex, age, or sexual orientation will not be tolerated.
Consultant agrees that any and all violations of this provision shall constitute a
material breach of this Agreement.
10. PROJECT COORDINATION
CITY: Director of Public Works shall be representative of City for all
purposes under this Agreement. Erwin Ching, Associate Civil Engineer, is
hereby designated as the Director of Public Works' designee and Project
Manager, and shall supervise the progress and execution of this Agreement.
CONSULTANT: Consultant shall assign a single Consultant Project
Manager to have overall responsibility for the progress and execution of this
Agreement for Consultant. Should circumstances or conditions subsequent to
the execution of the Agreement require a substitute Consultant Project Manager
for any reason, the Consultant Project Manager designee shall be subject to the
prior written acceptance and approval of the City Project Manager. The
designated Consultant Project Manager shall be Elbert Chang.
11. HOLD HARMLESS:
Indemnification:
A. Claims for Professional Liability. Where the law establishes a standard
of care for Consultant's professional services, and to the extent the
Consultant breaches or fails to meet such established standard of care, or
is alleged to have breached or failed to meet such standard of care,
Consultant shall, to the fullest extent allowed by law, with respect to all
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Agreement
services performed in connection with the Agreement, indemnify, defend,
and hold harmless the City and its officers, officials, agents, employees
and volunteers from and against any and all liability, claims, actions,
causes of action or demands whatsoever against any of them, including
any injury to or death of any person or damage to property or other
liability of any nature, that arise out of, pertain to, or relate to the
negligence, recklessness, or willful misconduct of Consultant or
Consultant's employees, officers, officials, agents or independent
contractors. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation. Consultant shall not be obligated under this Agreement to
indemnify City to the extent that the damage is caused by the sole or
active negligence or willful misconduct of City, its agents or employees.
B. Claims for Other Liability. Consultant shall, to the fullest extent
allowed by law, with respect to all services performed in connection with
the Agreement, indemnify, defend, and hold harmless the City and its
officers, officials, agents, employees and volunteers against any and all
liability, claims, actions, causes of action or demands whatsoever from
and against any of them, including any injury to or death of any person or
damage to property or other liability of any nature, that arise out of,
pertain to, or relate to the negligence, recklessness, or willful misconduct
of Consultant or Consultant's employees, officers, officials, agents or
independent contractors. Such costs and expenses shall include
reasonable attorneys' fees of counsel of City's choice, expert fees and all
other costs and fees of litigation. Consultant shall not be obligated under
this Agreement to indemnify City to the extent that the damage is caused
by the sole or active negligence or willful misconduct of City, its agents or
employees.
C. Claims involving intellectual property. In addition to the
obligations set forth in (A) and (B) above, Consultant shall indemnify,
defend, and hold the City, its elected and appointed officers, employees,
and volunteers, harmless from and against any Claim in which a violation
of intellectual property rights, including but not limited to copyright or
patent rights, is alleged that arises out of, pertains to, or relates to
Consultant's negligence, recklessness or willful misconduct under this
Agreement. Such costs and expenses shall include reasonable attorneys'
fees of counsel of City's choice, expert fees and all other costs and fees of
litigation.
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Agreement
12. INSURANCE:
On or before the commencement of the term of this Agreement,
Consultant shall furnish City with certificates showing the type, amount, class of
operations covered, effective dates and dates of expiration of insurance coverage
in compliance with paragraphs 12A, B, C, D and E. Such certificates, which do
not limit Consultant's indemnification, shall also contain substantially the
following statement: "Should any of the above insurance covered by this
certificate be canceled or coverage reduced before the expiration date thereof, the
insurer affording coverage shall provide thirty (30) days' advance written notice
to the City of Cupertino by certified mail, Attention: City Manager." It is agreed
that Consultant shall maintain in force at all times during the performance of this
Agreement all appropriate coverage of insurance required by this Agreement
with an insurance company that is acceptable to City and licensed to do
insurance business in the State of California. Endorsements naming the City as
additional insured shall be submitted with the insurance certificates.
A. COVERAGE:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following
minimum limits:
Bodily Injury: ,$500,000
each occurrence
$1,000,000
aggregate- all other
Property Damage: $100,000 each occurrence
S250,000 aggregate
If submitted, combined single limit policy with aggregate
limits in the amounts of $1,000,000 will be considered
equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive auto motive liability coverage in the
following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
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Agreement
(4) Professional Liability:
Professional liability insurance which includes coverage for
the professional acts, errors and omissions of Consultant in
the amount of at least$1,000,000.
B. SUBROGATION WAIVER:
Consultant agrees that in the event of loss due to any of the perils for
which he/she has agreed to provide comprehensive general and automotive
liability insurance, Consultant shall look solely to his/her insurance for recovery.
Consultant hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Consultant or
City with respect to the services of Consultant herein, a waiver of any right to
subrogation which any such insurer of said Consultant may acquire against City
by virtue of the payment of any loss under such insurance.
C. FAILURE TO SECURE:
If Consultant at any time during the term hereof should fail to secure or
maintain the foregoing insurance, City shall be permitted to obtain such
insurance in the Consultant's name or as an agent of the Consultant and shall be
compensated by the Consultant for the costs of the insurance premiums at the
maximum rate permitted by law and computed from the date written notice is
received that the premiums have not been paid.
D. ADDITIONAL INSURED:
City, its City Council, boards and commissions, officers, employees and
volunteers shall be named as an additional insured under all insurance
coverages, except any professional liability insurance, required by this
Agreement. The naming of an additional insured shall not affect any recovery to
which such additional insured would be entitled under this policy if not named
as such additional insured. An additional insured named herein shall not be
held liable for any premium, deductible portion of any loss, or expense of any
nature on this policy or any extension thereof. Any other insurance held by an
additional insured shall not be required to contribute anything toward any loss
or expense covered by the insurance provided by this policy.
E. SUFFICIENCY OF INSURANCE:
The insurance limits required by City are not represented as being
sufficient to protect Consultant. Consultant is advised to confer with
Consultant's insurance broker to determine adequate coverage for Consultant.
13. CONFLICT OF INTEREST:
Consultant warrants that it is not a conflict of interest for Consultant to
perform the services required by this Agreement. Consultant may be required to
fill out a conflict of interest form if the services provided under this Agreement
require Consultant to make certain governmental decisions or serve in a staff
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Agreement
capacity as defined in Title 2, Division 6, Section 18700 of the California Code of
Regulations.
14. PROHIBITION AGAINST TRANSFERS:
Consultant shall not assign, sublease, hypothecate, or transfer this
Agreement, or any interest therein, directly or indirectly, by operation of law or
otherwise, without prior written consent of City. Any attempt to do so without
said consent shall be null and void, and any assignee, sublessee, hypothecate or
transferee shall acquire no right or interest by reason of such attempted
assignment, hypothecation or transfer. However, claims for money by
Consultant from City under this Agreement may be assigned to a bank, trust
company or other financial institution without prior written consent. Written
notice of such assignment shall be promptly furnished to City by Consultant.
The sale, assignment, transfer or other disposition of any of the issued and
outstanding capital stock of Consultant, or of the interest of any general partner
or joint venturer or syndicate member or cotenant, if Consultant is a partnership
or joint venture or syndicate or cotenancy, which shall result in changing the
control of Consultant, shall be construed as an assignment of this Agreement.
Control means fifty percent (50%) or more of the voting power of the
corporation.
15. SUBCONTRACTOR APPROVAL:
Unless prior written consent from City is obtained, only those people and
subcontractors whose names are included in this Agreement shall be used in the
performance of this Agreement.
In the event that Consultant employs subcontractors, such subcontractors
shall be required to furnish proof of workers' compensation insurance and shall
also be required to carry general, automobile and professional liability insurance
in reasonable conformity to the insurance carried by Consultant. In addition,
any work or services subcontracted hereunder shall be subject to each provision
of this Agreement.
16. PERMITS AND LICENSES:
Consultant, at his/her sole expense, shall obtain and maintain during the
term of this Agreement, all appropriate permits, certificates and licenses
including, but not limited to, a City Business License, that may be required in
connection with the performance of services hereunder.
17. REPORTS:
A. Each and every report, draft, work product, map, record and other
document, hereinafter collectively referred to as "Report", reproduced, prepared
or caused to be prepared by Consultant pursuant to or in connection with this
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Agreement
Agreement, shall be the exclusive property of City. Consultant shall not
copyright any Report required by this Agreement and shall execute appropriate
documents to assign to City the copyright to Reports created pursuant to this
Agreement. Any Report, information and data acquired or required by this
Agreement shall become the property of City, and all publication rights are
reserved to City. Consultant may retain a copy of any report furnished to the
City pursuant to this Agreement.
B. All Reports prepared by Consultant may be used by City in
execution or implementation of:
(1) The original Project for which Consultant was hired;
(2) Completion of the original Project by others;
(3) Subsequent additions to the original project; and/or
(4) Other City projects as appropriate.
C. Consultant shall, at sucl-, time and in such form as City may
require, furnish reports concerning the status of services required under this
Agreement.
D. All Reports required to be provided by this Agreement shall be
printed on recycled paper. All Reports shall be copied on both sides of the paper
except for one original, which shall be single sided.
E. No Report, information or other data given to or prepared or
assembled by Consultant pursuant to this Agreement shall be made available to
any individual or organization by Consultant without prior approval by City.
F. Electronic and hard copies of Consultant's work product shall
constitute the Project deliverables. Plans to be in CAD and PDF formats, and
other documents to be in Microsoft Word and PDF formats. City holds
Consultant harmless for any modifications to the documents.
18. RECORDS:
Consultant shall maintain complete and accurate records with respect to
sales, costs, expenses, receipts and other such information required by City that
relate to the performance of services under this Agreement.
Consultant shall maintain adequate records of services provided in
sufficient detail to permit an evaluation of services. All such records shall be
maintained in accordance with generally accepted accounting principles and
shall be clearly identified and readily accessible. Consultant shall provide free
access to such books and records to the representatives of City or its designees at
all proper times, and gives City the right to examine and audit same, and to
make transcripts there from as necessary, and to allow inspection of all work,
data, documents, proceedings and activities related to this Agreement. Such
records, together with supporting documents, shall be kept separate from other
documents and records and shall be mamtained for a period of three (3) years
after receipt of final payment.
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Agreement
If supplemental examination or audit of the records is necessary due to
concerns raised by City's preliminary examination or audit of records, and the
City's supplemental examination or audit of the records discloses a failure to
adhere to appropriate internal financial controls, or other breach of contract or
failure to act in good faith, then Consultant shall reimburse City for all
reasonable costs and expenses associated with the supplemental examination or
audit.
19. NOTICES:
All notices, demands, requests or approvals to be given under this
Agreement shall be given in writing and conclusively shall be deemed served
when delivered personally or on the second business day after the deposit
thereof in the United States Mail, postage prepaid, registered or certified,
addressed as hereinafter provided.
All notices, demands, requests, or approvals from Consultant to City shall
be addressed to City at:
City of Cupertino
10300 Torre Ave.
Cupertino CA 95014
Attention: Erwin Ching
All notices, demands, requests, or approvals from City to Consultant shall
be addressed to Consultant at:
Kimley-Horn and Associates, Inc.
1300 Clay Street, Suite 325
Oakland, CA 94612
Attention: Elbert Chang
20. TERMINATION:
In the event Consultant fails or refuses to perform any of the provisions
hereof at the time and in the manner required hereunder, Consultant shall be
deemed in default in the performance of this Agreement. If such default is not
cured within the time specified after receipt by Consultant from City of written
notice of default, specifying the nature of such default and the steps necessary to
cure such default, City may terminate the Agreement forthwith by giving to the
Consultant written notice thereof.
City shall have the option, at its sole discretion and without cause, of
terminating this Agreement by giving seven (7) days' prior written notice to
Consultant as provided herein. Upon termination of this Agreement, each party
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Agreement
shall pay to the other party that portion of compensation specified in this
Agreement that is earned and unpaid prior to the effective date of termination.
In the event of termination, Consultant shall deliver to City, copies of all
reports, documents, and other work performed by Consultant under this
Agreement.
21. COMPLIANCES:
Consultant shall comply with alpl state or federal laws and all ordinances,
rules and regulations enacted or issued by City.
22. CONFLICT OF LAW:
This Agreement shall be interpreted under, and enforced by the laws of
the State of California excepting any choice of law rules which may direct the
application of laws of another jurisdiction. The Agreement and obligations of the
parties are subject to all valid laws, orders, rules, and regulations of the
authorities having jurisdiction over this Agreement (or the successors of those
authorities.)
Any suits brought pursuant to this Agreement shall be filed with the
courts of the County of Santa Clara, State of California.
23. ADVERTISEMENT:
Consultant shall not post, exhibit, display or allow to be posted, exhibited,
displayed any signs, advertising, show bills, lithographs, posters or cards of any
kind pertaining to the services performed under this Agreement unless prior
written approval has been secured from City to do otherwise.
24. WAIVER:
A waiver by City of any breach of any term, covenant, or condition
contained herein shall not be deemed to be a waiver of any subsequent breach of
the same or any other term, covenant, or condition contained herein, whether of
the same or a different character.
25. INTEGRATED CONTRACT:
This Agreement represents the full and complete understanding of every
kind or nature whatsoever between the parties hereto, and all preliminary
negotiations and agreements of whatsoever kind or nature are merged herein.
No verbal agreement or implied covenant shall be held to vary the provisions
hereof. Any modification of this Agreement will be effective only by written
execution signed by both City and Consultant.
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Agreement
26. GIFTS:
A. Consultant is familiar with City's prohibition against the
acceptance of any gift by a City officer or designated employee, which
prohibition is found in City Administrative Procedures.
B. Consultant agrees not to offer any City officer or designated
employee any gift prohibited by the Administrative Procedures.
C. The offer or giving of any prohibited gift shall constitute a material
breach of this Agreement by Consultant. In addition to any other remedies, City
may have in law or equity, City may terminate this Agreement for such breach as
provided in Section 19 of this Agreement.
27. INSERTED PROVISIONS:
Each provision and clause required by law to be inserted into the
Agreement shall be deemed to be enacted herein, and the Agreement shall be
read and enforced as though each were included herein. If through mistake or
otherwise, any such provision is not inserted or is not correctly inserted, the
Agreement shall be amended to make such insertion on application by either
party.
28. CAPTIONS:
The captions in this Agreement are for convenience only, are not a part of
the Agreement and in no way affect, limit or amplify the terms or provisions of
this Agreement.
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Agreement
11.10 P.O. No.: az? c v)7
IN WITNESS WHEREOF, the parties have caused the Agreement to be
executed.
CONSULTANT CITY OF CUPERTINO
Kimley-Horn an. A soj ates, Inc. A Municipal Corporation
B'��
Y
`__11 Timm Borden, Director of Public Works
Name Y 01 /UrYrA"' PSI''
Date 4/(3/C??
Title VIOe_RfeS;c1tnk
Date 3/Zill3
Tax I.D. No.: 52'O$51-Q 155
APPROVED AS TO FORM:
Address:\ O _c ,S. 25
CaAdoA: , CA0'' 1leta
ftarol Korade, City Att. ney
ATTEST:
LI-1/4// 3
Grace Schmidt, City Clerk
Contract Amount: $8,400.00
ja'i 3 Account No. : 420-9558-9300
Page 12 of 12
Agreement
Cm� wmey-Hom �'A
i• and Associates,Inc.
SCOPE OF WORK
The City of Cupertino would like to modify the existing traffic signal at the intersection of De Anza Boulevard
and Rodrigues Avenue to accommodate 8-phase traffic signal operation.
Key assumptions
• Project specifications to be provided by City from similar project for Kimley-Horn review.
• One face-to-face meeting with field visit is included in this scope of work.
• Project meetings or coordination with other agencies is not included in this scope of work.
• PG&E coordination(if needed)will be handled by the City. Payment of PG&E fees is responsibility of
City.
• Civil design and survey is not included in project scope, and existing drainage patterns will not be
corrected by project.
• Existing fiber-optic traffic signal network and communications shall remain as-is and not be modified
by the project.
• Collection of intersection volumes and preparation of signal timing plans is not 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—HICK-OFF MEETING AND DATA COLLECTION
Under this task,Kimley-Horn will meet with the City at project site to review proposed project changes.City
shall perform field verification of traffic signal conduit and equipment and provide information to Kimley--Horn
as red-line mark-ups on traffic signal as-built plans.
The City will provide the following information to Kimley-Horn
• Traffic signal as-built plans in AutoCAD format
• Technical specifications from recent similar project
• Utility contacts (e.g. telephone, cable TV, storm drain, water, sanitary sewer, etc)— Kimley-Horn
already has this information.
Kimley-Horn will prepare letters to utilities to request their information. This information will be shown on the
FINAL project plans.
Task 2—DRAFT PS&E
Based on information gathered in Task 1,Kimley-Horn will prepare traffic signal base of intersection on City of
Cupertino traffic signal base map file. Kimley-Horn will prepare the DRAFT Plans,Specifications(technical
provisions),and Estimate of probable construction cost(PS&E).Base maps will show curb lines from City files
and utility information provided by others.
We anticipate the following plan sheets for this submittal:
1. Title Sheet with vicinity map(1 sheet)
City of Cupertino 3/19/13
De Anza Blvd-Rodrigues Ave Traffic Signal Modification Project
CMP I �Associates,Inc.
2. Notes and Legend Sheet(1 sheet)
3. Signal modification plan and schedules(2 sheets)
4. Details,if needed(1 sheet)
The DRAFT PS&E will be submitted to the City for review and coordination with others.
Deliverable
Kimley-Horn will submit the DRAFT PS&E electronically:
• Electronic Plans in.pdf format(24x36)
• Specifications in MS-Word format
• Estimate in MS-Excel format
Task 3—FINAL PS&E
Kimley-Horn will review City comments on the DRAFT PS&E documents and discuss them by telephone with
the City. Based on the comments and discussion, Kimley-Horn will advance the construction documents to
FINAL design.It is anticipated that the FINAL design will be completed two weeks after teleconference with
the City to discuss comments.
The final submittal will consist of the following:
• Final Plans in 24"x36"on mylar,plus 11"x ill"reduced plans on bond.
• 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.
City of Cupertino 3/19/13
De Anza Blvd-Rodrigues Ave Traffic Signal Modification Project
C Ell VI lCeriey+lom
and
Associates,Inc.
SCHEDULE
Kimley-Horn is prepared to begin work immediate upon receiving a Notice-to-proceed(NTP).
Task Milestone Deadline
1 Kick-off Meeting,Field Verification 1 week after NTP
Send out utility letters 2 weeks after NTP
2 i Submit DRAFT PS&E _ 4 weeks after NTP
3 Receive Comments from City(and others) !: 6 weeks after NTP
Submit FINAL PS&E 8 weeks after NTP
FEE
Kimley-Horn will provide the services outlined in the scope of services on a time-and-materials basis with a
contract ceiling of$8,400. An estimate of hours and cost for each task is attached to this proposal. This fee
includes labor cost(including indirect and computer expenses)and direct expenses incurred in performing these
services.
The table below breaks out the fee estimate by task. This information is provided as an estimate only,and
Kimley-Horn reserves the right to adjust budgets between tasks while maintaining the total fee.
Task I Descri•tion s Fee
1 ; Kick-off Meeting and Data Collection $2,350
2 DRAFT PS&E $3,950
3 ' FINAL PS&E $2,100
TOTAL FEE: $8,400
Services other than those set forth in the Scope of Services shall constitute additional services. Additional
services, such as attendance at meetings other than those included in the Scope of Services, additional
submittals,PG&E coordination,construction support,signal timing plan development and implementation shall
be performed only with your authorization, and be billed on a time and materials basis as per the current
Kimley-Horn rate schedule.
City of Cupertino 3/19/13
De Anza Blvd-Rodrigues Ave Tragic Signal Modification Project