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08-059 Kimley-Horn & Assoc.AGREEMENT CITY OF CUPERTINO 0 3 2 7 6 3 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 NO. BY THIS AGREEMENT, made and entered into this day of Una 20,~ by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Kimley-Horn and 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 connecting Stevens Creek Boulevard traffic signal controllers to the City Traffic Operations Center. 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 or,~,,,t ($,2008 and shall be completed before December 31, 2008. 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 $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 Gaim, 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 Clty to any contracts or other obligations in executing this agreement. Contractor certifles 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 Clty. 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: NAME: David Stillman 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. CO~~~R: CITY OF ERTINO~ D~ ~` By gy Title l//C.e ~PsrCt!ev~ ~ Title Sean C~~~~ C1~(,,,~2~fZ Soc. Sec. # or Tax LD. ~ ~ " ~ ~ ' ~ APPROVALS EXPENDITURE DISTRIBUTION AD D -- ------------ ~ 110-8601.7014 $33,530 CIT D %_ _ ~~_: -1 YJ 7/ 1 / ~ (/ ~ I• Kimle •Hom ~~~~ C~/1 and Associates, Inc. SCOPE OF WORK The City of Cupertino is interested in connecting traffic signals along Stevens Creek Blvd to their Traffic Operations Center (TOC) via the SV-ITS fiber-optic trunkline. The SV-ITS West Corridor project is currently installing afiber-optic trunkline along Steven Creek Blvd and splicing afiber-optic branch cable to the trunkline that will be coiled in a fiber-optic pull box at following 13 project intersections: 1. SR-85 southbound ramps. 2. SR-85 northbound ramps. 3. Mary Ave. 4. Stelling Rd. 5. Saich Wy. 6. Bandley Dr. 7. Torre Ave./ Vista Dr. 8. Blaney Ave. 9. Portal Ave. 10. Perimeter Rd. 11. Wolfe Rd./Miller Ave. 12. Finch Ave. 13. Tantau Ave. Kimley-Horn and Associates, Inc. (KIIA) will provide traffic signal design services for connecting these traffic signal controllers to the TOC. Based on our understanding of the project, the design services will include the preparation of plans, specifications, and estimate for the following elements: ^ Pulling existing fiber-optic branch cable into existing home run pull box (if applicable) and into cabinet through existing conduits. (No new conduits will be installed.) ^ Furnish and install fiber termination panels (FTP) in controller cabinets. ^ Terminate fiber-optic branch cable in existing traffic signal controller cabinets. ^ Furnish and install OTR at controller cabinets and TOC. ^ Furnish cabling and connect controllers, OTRs, FTPs and signal system. ^ Test equipment and communications between field controller cabinets and TOC. The following are the proposed tasks and scope for the project: Task 1-Project Management and Project Meetings This task includes general project management and project meetings throughout the project. KHA will coordinate with the City of Cupertino to discuss project requirements, gather data and provide status reports. We have budgeted two meetings, akick-off meeting that will occur at the same time as a check of the TOC facilities with City staff and a meeting to gather review comments on the DRAFT submittal. The first meeting will be in person and the second meeting will be by teleconference. City of Cupertino 6/11/2008 Stevens Creek Boulevard Traffic Signal Controller Fiber Connections EXHIBIT A ~ 1Gmley-Hom -_ ___ aril Associates, Inc. Task 2 -Data Collection and Base Map KHA will gather the following information from the City: ^ Intersection as-built drawings • Existing fiber communication assignments KHA will use the SV-ITS West Corridor plans and specifications as the base for the project and confirm the design criteria with the City. KHA will conduct field visits to the TOC and the project intersections with a City representative. The TOC field check will confirm the availability of space and placement location for the OTRs. The intersection field checks will confirm the fiber-optic branch cable route between fiber optic trunk line pull box and the controller cabinet and check the general availability of space in the controller cabinet for the installation of the FTP and OTR. KHA will only field verify the conduit that will contain the branch cable. No field checks will be performed on other traffic signal conduit routes that the branch cable will not use as part of this project. We will maintain a log of photos from the field visit. We will coordinate with the City on these field visits so that a City representative will be able to accompany KHA during the field review. It is anticipated that this task will be completed 2 weeks after notice to proceed (NTP). Deliverable ^ Field notes and data collection will not be submitted but will be incorporated into the design. Task 3 -Prepare DRAFT PS&E Based on the field review and SV-ITS design criteria, KHA will prepare the DRAFT Plans, Specifications (technical provisions), and Estimate of probable construction cost (PS&E). Kimley-Homstaffwill confirm the suitability of the proposed communication channels with City staff prior to DRAFT submittal. We anticipate the following plan sheets for this submittal: 1. Title Sheet (1 sheet) 2. Notes and Legend Sheet (1 sheet) 3. Field Installation Sheets (3-4 sheets) 4. TOC Installation Sheets (1-2 sheets) 5. Controller Cabinet Details (1 sheet) Conductor schedules will not be included as part of the plan set. The field installation sheets for the project intersections will show the fiber-optic pull box, the controller cabinet, and existing traffic signal equipment (poles, pull boxes, conduits) that are directly impacted by the branch cable. It is anticipated that the DRAFT PS&E will be completed two weeks after data collection has been fmished. City of Cupertino 6/11/2008 Stevens Creek Boulevard Traffic Signal Controller Fiber Connections EXHIBIT A ~ Kimley-Hom __ 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 4 -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 fmal submittal will consist of the following: ^ Final Plans in 24"x36" on mylar, plus 11 "x 17" 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. Task 5 - SV-ITS West Corridor Coordination As part of this task, ICHA will assist the City in providing information for the SV-ITS West Corridor Project in order to provide the groundwork necessary for this project. This information includes the following: Fiber assignments and conduit for the communications circuit including branch splices at the project intersections and trunkline splices at the intersection of Stevens Creek Blvd and DeAnza Blvd. OTR equipment features Signal system communications circuit information necessary for Cupertino TOC to controller communications. An estimated 8 hours has been budgeted for Task 5. Task 6 -Bid and Construction Support Services ICHA will be available to assist the City of Cupertino during the construction phase. KHA will provide the following construction support activities: ^ Provide clarification of construction documents and respond to Contractor requests for information. ^ Review "shop drawings" and submittals specified in Contract Documents dealing specifically with design elements. An estimated 8 hours has been budgeted for Task 6. City of Cupertino 6/11/2008 Stevens Creek Boulevard Trafftc Signal Controller Fiber Connections EXHIBITA ~ Kimiey-Hom '~ _ .and Associates, Inc. FEE KHA will provide the services outlined in the scope of services on atime-and-materials basis with a contract ceiling of $33,530. An estimate of hours and cost for each task is attached to this proposal. This fee includes labor cost, duect expenses, indirect expenses and computer 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 KHA reserves the right to adjust budgets between tasks while maintaining the total fee. Task ! Descri tion i Fee ~1 __1_Pro~ect Management _ _______ _; $ 2,325 -_ 2_ ~Data Collection and Base Map _- _i - $.7,715 _____3_ ___i Prepare DRAFT PS&E ____________ _~_-_$-1.1,580.,.... ._ 4_. .___~_Pre~are FINAL PS&E _-__________ $ 7_,7 30 - - ~ - 5 ----...__... . ~ SV-ITS West Corridor Coordination i --- -~ --~ - -~-~~-~ --....- .--;--------------------------~--~----------__._..._~.._ $_1,680 __ 6 _ j Construction Su~port_Services ~ ~ _ $ 1,680 - -- Direct Expenses --.~..__.-.-.-.-...- ----~-- --~------- -- -~ ----- $-820.. TOTAL FEE : ; $ 33,530 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, changes in project locations and additional design, shall be performed only with your authorization, and be billed on a time and materials basis as per the attached rate schedule. City of Cupertino 6/11/2008 Stevens Creek Boulevard Traffic Signal Controller Fiber Connections EXHIBIT A Kimlev-Horn and Associates. Inc. Schedule of Billing Rates (608) (Effective January 01, 2008) s Code ~ "'Classification - 2008ftates - X5 Su ort Staff $111.00 X6 Su ort Staff $122.00 X7 Su ort Staff $143.00 X8 Senior Su ort Staff $165.00 B1 Senior Su ort Staff $106.00 B2 Senior Su ort Staff $117.00 B3 Senior Su ort Staff $127.00 B4 Senior Su ort Staff $149.00 65 Senior Professional 1 $170.00 B6 Senior Professional 1 $202.00 B7 Senior Professional 1 $234.00 B8 Senior Professional 1 $255.00 N 1 Su ort Staff $90.00 N2 Su ort Staff $96.00 N3 Su ort Staff $101.00 N4 Senior Su ort Staff $106.00 N5 Senior Su ort Staff $111.00 N6 Senior Su ort Staff $117.00 CO3 CADD O erator $111.00 CO4 CADD O erator $117.00 CO5 Senior CADD O erator $127.00 CO6 Senior CADD O erator $138.00 D7 Desi ner $149.00 D8 Senior Desi ner $159.00 E1 Princi al $292.00 E2 Princi al $292.00 E3 Princi al $292.00 E4 Princi al $292.00 P Professional 1 $117.00 P1 Professional 1 $127.00 P2 Professional 2 $149.00 P3 Professional 3 $165.00 P4 Re istered Professional $180.00 P5 Senior Professional 1 $196.00 P6 Senior Professional 2 $223.00 P7 Senior Professional 3 $255.00 P8 Princi al $290.00 T1 Technician 1 $90.00 T2 Technician 1 $96.00 T3 Technician 2 $101.00 T4 Technician 2 $106.00 T5 Technician 2 $111.00 T6 Senior Technician $117.00 T7 Senior Technician ,$122.00 These rates include 6.15% for indirect expenses to cover routine expenses, such as focal mileage, copying, fax, mail, telephone, in-house blueprinting, engineering software computer usage, etc. Direct expenses will be billed as actual cost. Elchibit B Cupertino Controller Connection Cost Estimate 6H 1/2008 by: EKC checked by: RRD Rate $ 223 $ 196 $ 127 Pro osed Stall Rand Elbert Ran Total Total Task Role /7C PM P1 Hours Labor Costs Bu et Task 1-Pro ect Mana ement and Pro ect Meetin s 2 ProedMeetln s 2 6 8 $ 1,622 Billin /Accountln 2 2 4 $ 700 Labor Subtotal 4 6 2 12 ; 2 322 ; 2 325 Task 2-Data Collection and Base Ma Review SV-ITS fans and com 'le ci information 2 2 6 10 $ 1 600 Set-u base sheets 2 10 12 $ 1,662 Field verification 13 15 28 $ 4 453 Subtotal 2 17 31 50 ; 7 715 S 7 715 Task 3-DRAFT PSBE Draft PS&E 2 24 40 66 $ 10 230 Internal QC review and submd 2 2 4 8 $ 1346 Subtotal 4 26 44 74 S 11 578 S 11,580 Task 4-FINAL PSBE Review comments 2 4 6 $ 1 230 FINAL PSBE 10 20 30 $ 4 500 QC review and submit 2 4 6 12 $ 1 992 Subtotal 4 18 26 48 ; 7 722 ; 7 730 Task S-SV-ITS West Corridor Coordination Bud et of 8 hours total 4 4 8 $ 1 676 Subtotal 4 4 0 8 ; 1676 ; 1680 Task 6-Construction Su ort Bud et of 8 hours total 4 4 8 $ 1 676 Subtotal 4 4 0 8 ;. 1676 ; 1680 TOTAL 22 75 103 200 32,687 32,710 Labor Subtotal S 32,710 DlrectExpenses $ 820 TOTAL $ 33,530 T:\Marketing\Proposals\Cupertino SCB fiber connections\Cupertino_Cost EsBmate-FINALv2.rds