07-129 American Consulting Engineers Electrical, Inc.
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777-3200
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BY THIS AGREEMENT, made and entered Into this &day of Ih-r., 2007, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and American Consulting Engineers Electrical, Inc., Address 100
Saratoga Ave., Suite 200, Santa Clara, CA 95051, Phone: (408)236-2312, Fax: (408) 236-2316, E-Mail:
sfernand@amceinc.com
(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:
Sports Center Tennis Court Lighting Project - Feasibility Study
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal Marked "EXHIBIT An
TERMS: The services and/or materials furnished under this Agreement shall commence on October 15, 2007
and shall be completed before February 15, 2008
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on T&M with a maximum not to exceed of $15,000.00 ~
California Labor Code, Section 1771 requires the. payment of prevailing wages to all workers employed on a ~ubUorENI~HED 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 servlces 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 financiallnterost 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 CITYshafl be:
NAME: Terry W. Greene, AlA
DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the daY.an~year fir~t written 10. ve,
CONTRACTOR: /L-- lL-.J\ CITY OF CUPERTINO:
By .5.A-""-4 fi-.,e..... A~ O~ t" f e-. By ~. ...
Title fh '^ c.... ~t:....1 ... Ter~eene, AlA, City Architect
Tax I.D, or Soc. Sec. #
EXPENDITURE DISTRIBUTION
I ACCOUNT NUMBER
420-9236-9300
$15,000.00
(1/
EXHIBIT p~
American Consulting Engineers Electrical, Inc.
100 Saratoga Avenue
Suite 200
Santa Clara, CA 95051
408/236-2312
Fax: 408/236-2316
www.amceinc.com
October 10, 2007
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OCT 1 1
PUBL' -- ZOOl
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City of Cupertino
10300 Torre Avenue
Cupertino, CA. 95014-3255
Attn: Terry Greene, City Architect
Subject: Feasibility Study for Sports Center Tennis Court Lighting Project
Dear Mr. Greene,
After meeting with you on 5 Oct 07 to review the electrical scope of work for the Sports Center Tennis Court
Lighting Project, it is our understanding that the project will require a Feasibility Study to determine what
electrical equipment can be reused in order to replace the existing lighting. Depending on the Study report, the
City will determine the requirements to put together Engineered Design documents. Secondly, it is our
understanding that an environmental assessment report is not required since the existing Tennis court already
has existing lighting.
American Consulting Engineers Electrical, Inc. (ACEE) are pleased to present this proposal to provide our
electrical services, for assessing, reviewing and documenting the current pole mounted tennis light fixtures,
cabling, conduit, control system and power panels. Our understanding of the scope of work is as follows:
Eoeioeerioe Study:
1. Review original electrical drawings (if available) and visit the site to measure, verify and determine size
capacities of available electrical services serving the Sports Center Tennis Court Lights. NOTE: ACEE
may have limited tools and certifications to verify and open electrical cabinets/equipment. The City will
be obtaining certified electricians to assist with manuallv opening and site verifying electrical
c9mpon~nts.,. hU1Q.pj !jQ.11,__Q.Qtajll~I1unc1eIgrQul1g. 9Ql1duW caJl lelQ9.at~I_ tQ c1~_t.e.rmiJ!~ t.h~)""()l,lJjI1g Qf Jhe
existing tennis court circuitry.
2. Provide load studies of the existing electrical service panels and equipment serving Tennis Court.
NOTE: the electrician maybe needed to provide a clamp meter or data logger.
3. Provide and measure current foot-candle levels using foot-candle meter.
4. Provide and review condition of poles and pole base. ACEE to obtain structural engineer to provide
assistance. We expect about $5,000 Time & Material NTE for Structural services. NOTE: the district
will need to obtain a contractor to verify pole depth.
5. Provide feasibility study report addressing the following:
Reusing the existing Tennis Court conduit & cable circuits depending on fixture loads.
Reusing the existing Tennis Court lighting poles and bases to replace or add fixtures.
Reusing existing in-grade electrical pull boxes.
Reusing existing control system for Tennis Court Lighting.
Power load assessment.
October 10, 2007
Feasibility Study for Sports Center Tennis Court Lighting Project
Page 2
Foot-candle level at tennis courts.
Exclusions:
1. Design drawing documents.
2. City Permit
3. Security/Flood Lighting for parking lots.
We propose to perform this work for the following fee:
Electrical Engineering Study:
Structural Engineering Study:
$10,000 T &M NTE
$ 5,000 T &M NTE
$15,000 T&M Not to Exceed
Increases in the scope of subject work and/or revisions after our submission of substantially completed
documents or review of change orders not initiated by or as a result of this firm that results in additional work
by this firm will require negotiating fees.
Reimbursable normally associated with project (such as printing and delivery) will be billed at cost, plus 15%,
in addition to our professional fees.
The invoices shall be submitted monthly and are due and payable thirty (30) days from the date of receipt.
The duration of this contract shall be assumed to be 4 months. Should the project exceed this time frame, the
consultant's compensation shall be equitably adjusted.
If the project is suspended or abandoned in whole or in part for more than twelve (12) months, the consultant
shall be compensated for all services performed prior to receipt of written notice from the client of such
suspension or abandonment, together with all reimbursable expenses then due and all Termination expenses as
specified in the termination notice.
If the project is resumed after being suspended for more than twelve months, the consultant's compensation
shall be equitably adjusted.
We trust this is in agreement with your understanding of subject project and meets with your approval. Please
sign and return this letter to our office as soon as possible so we may proceed. This proposal is valid for thirty
(30) days.
Sine rely, Q I
ammy F~a~.
Principal
Accepted by,
Terry Greene, City Architect
City of Cupertino
SF /ft
Date:
M:\Staff-Folder\PROPOSALS\PUBLIC WORKS\City of Cupertino\Sports Center Tennis Court Lighting]easibility Study]roposal.doc