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13-022 Alliance Engineering Consultants, Inc., pedestrian lighting feasibilty study, N. Stelling Rd. bridge at I-280 / OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 4y "c.I9s. TELEPHONE: (408)777-3223• FAX: (408) 777-3366 ` WEBSITE:www.cupertino.org CUPERTINO March 7, 2013 Alliance Engineering Consultants, Inc. 4701 Patrick Drive Building 10 Santa Clara, CA 95054 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, ti> # 1 Brittany Carey Senior Office Assistant City of Cupertino Enclosure cc: Public Works CITY OF / //// AGREEMENT CITY OF CUPERTINO 10300 Torre Avenue CUPERTINO Cupertino,CA 95014 O 408-777-3200 NO. �7/� THIS AGREEMENT, made and entered into this 7 day of ,►"d'1 is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Alliance Engineering Consultants, Inc. 4701 Patrick Drive, Building 10, Santa Clara, CA 95054, Phone: 408-970-9888 Hereinafter "CONSULTANT"), in consideration of their mutual covenants, the parties agree as follows: CONSULTANT shall provide or furnish the following specified services and/or materials: Perform a pedestrian lighting feasibility study for North Stelling Road bridge at I-280. Check box if services are further described in an Exhibit. x EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. TERM: The services and/or materials furnished under this Agreement shall commence on March 1, 2013 and shall be completed no later than May 1, 2013. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: $3500.00 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 shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop notices, 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, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor 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. 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. Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior Page 1 of 3 Alliance Engineering Consultants Agreement written consent from City is obtained, only those people whose names are listed this Agreement shall be used in the performance of this Agreement. Assignment. Contractor may not assign or transfer this Agreement,without prior written consent of CITY. Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following requirements Coverage: Contractor 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: $1,000,000 each occurrence $2,000,000 aggregate - all other Property Damage: $500,000 each occurrence $1,000,000 aggregate If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be considered equivalent to the required minimum limits shown above. (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. Page 2 of 3 Alliance Engineering Consultants Agreement Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a seven (7)-day written notice. Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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. City shall have no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the manner in which such services are being performed by the contractor. The Contractor shall comply with all applicable =Federal, State, and local laws and ordinances including,but not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance. Changes. 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: VA V V;) 5/11-1,t`&A,/ DEPARTMENT: wrdt.k— I'VbRk-5 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. CONSULTA► : CITY OF CUPERTINO: By hLL� Titl: PI�IiiCI -L Title: '5I:/-• 'o 2 C w... 61t)&ii-teve Soc.Sec.#or Tax I.D 2 v'r'DQO(1-02 7 APPROVALS EXPENDITURE DISTRIBUTION D •..:- EAD D TE _ • �. . �: a.,• 3/c/I3 420-9559-9300 $3500.00 CITY A EY P ED AS FORM DATE (i3 111.M4 CLERK: ATTEST DATE AA_At- 3 ? (( ._ Page 3 of 3 Alliance Engineering Consultants Agreement AIAlliance 4701 Patrick Henry Drive, Building 10, Santa Clara, CA 95054 Engineering PHONE: (408) 970-9888 FAX: (408) 970-9316 Consultants, Inc. February 19, 2013 Proposal No. 413-021913 Mr. Ebrahim Sohrabi, P.E. City of Cupertino 10300 Torre Avenue Cupertino, CA 95014-3202 Subject: City of Cupertino North Stelling Road Bridge at 1-280 Pedestrian Lighting Feasibility Study Dear Mr. Sohrabi: Alliance Engineering Consultants, Inc. is pleased to present this proposal to provide lighting feasibility study services for the subject project. We have visited the site and discussed the project requirements with you, in preparing our proposal. PROJECT UNDERSTANDING We understand that the project involves pedestrian lighting feasibility study on the existing bridge at North Stelling Road and 1-280. The bridge is approximately 270 feet with pedestrian sidewalks on both sides of the street. The purpose of the study is to determine the scope of lighting improvements for enhancing the pedestrian safety and security at night. SCOPE OF SERVICES Alliance Engineering Consultants, Inc. proposes to perform electrical facility assessment for this project, as follows: 1. Collect and review the available existing drawings, construction details and calculations. 2. Visit the site to confirm the existing as-built conditions. 3. Analyze lighting options, present and coordinate lighting options with the City of Cupertino. Submit lighting cut sheets for review and approval. Mr. Ebrahim Sohrabi, P.E. North Stelling Road Bridge at 1-280 Pedestrian Lighting Feasibility Study February 19, 2013 Page 2 of 2 4. Prepare conceptual lighting layout and perform preliminary point-by-point lighting calculations based on lighting fixtures approved by the City. 5. Coordinate the lighting layout and installation with Caltrans. 6. Attend two coordination and review meetings, one meeting with the City and the other meeting with Caltrans. Prepare and submit meeting minutes. 7. Prepare budgetary costs for the proposed lighting improvements. 8. Prepare lighting feasibility report to document recommended lighting improvements. SCHEDULE We propose to complete the lighting feasibility study with 4 weeks of notice-to-proceed from the City. COMPENSATION In consideration of the performance of the services described above, Alliance Engineering Consultants, Inc. proposes to be compensated on a fixed fee basis, for $3,500. This fee represents approximately 28 hours of engineering effort, including expenses. Should you have any questions concerning our proposal please do not hesitate to contact me. We look forward to working with you on this project. Sincerely, Alliance Engineering Consultants, Inc. / 5.// Kenneth S. Ngai, P.E.; LE.ai AP Principal