15-032 Kimley-Horn and Associates Inc. for Cupertino Fiber NetworkFIRST AMENDMENT AGREEMENT BETWEEN THE CITY OF CUPERTINO
AND KIMLEY-HORN AND ASSOCIATES, INC., FOR CONSULT ANT SERVICES
FOR CUPERTINO FIBER NETWORK PROJECT
This First Amendment to the Agreement between the City of Cupertino and
Kimley-Horn and Associates, Inc., for reference dated October 21st, 2015, is by and
between the CITY OF CUPERTINO, a municipal corporation (hereinafter "CITY") and
Kimley-Horn and Associates, Inc., a California corporation whose address is 1300 Clay
Street, Suite 325, Oakland, CA 94612, (hereinafter "CONSULTANT"), and is made with
reference to the following:
RECITALS:
A. On January 21, 2015, an agreement was entered into by and between City and
Kimley-Horn and Associates, Inc. for Consultant Services for Cupertino Fiber
Network Project (hereinafter "Agreement").
B. City and Kimley-Horn and Associates, Inc., desire to modify the Agreement
on the terms and conditions set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned
parties as follows:
1. Paragraph 4 of the Agreement, "COMPENSATION TO CONSULTANT" is
modified to read as follows:
The maximum compensation to be paid to Consultant under this
agreement shall not exceed NINE THOUSAND EIGHT HUNDRED SEVENTY
FIVE DOLLARS ($9,875.00). The rate of payment is set out in Exhibit C, titled
"Compensation", which is attached hereto and incorporated herein.
2. Except as expressly modified herein, all other terms and covenants set forth
in the Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
Page 1of2
First Amendment
For Cupertino Fiber Network Expansion Project
Kimley-Hon1 and Associates, Inc.
Title Viee
Date ID /z Dbs .
'
First Amendment
For Cupertino Fiber Network Expansion Project
CITY OF CUPERTINO
A Municipal Corporation
~ By~
Director of Public Works, Timm Borden
APPROVED AS TO FORM:
ATTEST:
Bykhr
for City Clerk, Grac~midt
Total Amount$ 9,875.00
Amendment Amount $~4 :3,000. '!?.et-0_ Q
Account No. 270-90-974-900-905
Project: ST005-02-02
Page 2 of 2
Cupertino Fiber Expansion Project -Additional Design Services
Fee Estimate
10/27/2015
Rate $ 210
Pronosed Staff Elbert
Role QC
Task A -Cupertino Fiber Desian Network Expansion Proiect
Additional Desian Services 6
TOTAL 6
EXHIBITC
$ 155 $ 120
Matt Scott
PM Analyst
11.5 3
11.5 3
$ 100
Mona
Analyst
0
0
by: EKG
checked by: MWW
Total Total
Hours Labor Costs
20.5 $ 3,402.50
20.5 $ 3,402.50
Cupertino Fiber Design and Support Services-Amendment-Cost Estimate-FINALv2.xls
Estimated Total
Expenses Task Cost
$ 222.50
$ 222.50 3625
Contingency Offset $
TOTAL $
Task
Bug et
3625
(625)
3,000.00
AGREEMENT BETWEEN THE CITY OF CUPERTINO AND KIMLEY-HORN AND ASSOCIATES,
INC.,FOR CONSULTANT SERVICES FOR CUPERTINO FIBER NETWORK PROJECT
THIS AGREEMENT, for reference dated January 21, 2015, is by and between CITY OF
CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and KIMLEY-HORN AND
ASSOCIATES, INC., a California corporation whose address is 1300 Clay Street, Suite 325, Oakland, CA
94612(hereinafter referred to as"Consultant"),and is made with reference to the following:
RECITALS:
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 Plans,Specifications, Estimate,
and Construction Support 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 December 30,2016,unless terminated earlier as set forth herein.
2. SERVICES TO BE PERFORMED:
Consultant shall perform each and every service set forth in Task 2 of Exhibit"A",titled"Scope of
Services"which is attached hereto and incorporated herein by this reference.
3. SCHEDULE OF PERFORMANCE:
The Services of Consultant are to be completed according to the schedule set out in Exhibit B,
titled"Schedule of Performance",which is attached hereto and incorporated herein by this reference.
4. COMPENSATION TO CONSULTANT:
The maximum compensation to be paid to Consultant under this agreement shall not exceed SIX
THOUSAND EIGHT HUNDRED SEVENTY FIVE DOLLARS($6,875.00).The rate of payment is set out in
Exhibit C,titled"Compensation",which is attached hereto and incorporated herein.
Page 1 of 10
City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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.
8. IMMIGRATION REFORM AND CONTROL ACT (IBCA):
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. PROTECT 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.
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City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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:
A. Indemnity Obligations Subject to Civil Code Section 2782.8.
1.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 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.
2.Notwithstanding the foregoing,the Consultant has no duty to provide or
to pay for an up-front defense against unproven claims or allegations,but shall pay or reimburse
the City for its reasonable attorneys' fees of counsel of City's choice, expert fees and all other
costs and fees of litigation to the extent caused by the negligence, recklessness, or willful
misconduct of Consultant or its employees, officers, officials, agents or independent contractors.
However,the Consultant shall provide its immediate and active cooperation and assistance to the
City,at no additional cost to the City,in analyzing,defending,and resolving such claims.
B. Claims for Other Liability. For all liabilities other than those included within
paragraph A. above, Consultant 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, 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 performance of this Agreement
by 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
Page 3 of 10
City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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 r
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.
12. INSURANCE:
On or before the commencement of the term of this Agreement, Consultant shall furnish City
with certificates showing the type, amount, 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 before the expiration date thereof, the insurer affording
coverage shall provide thirty (30) days' advance written notice to the City of Cupertino, 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 authorized to do insurance business in the State of California.
Endorsements naming the City as additional insured in relation to the commercial general liability and
commercial automobile liability policies 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) Liabili :
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
250,000 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:
Commercial automotive 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 accident
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 per claim
and in the aggregate.
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City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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 commercial 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 commercial
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 worker's compensation and
professional liability insurance,required by this Agreement. 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 capacity as defined in Title 2, Division 6, Section 18'700 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.
Page 5 of 10
City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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. OWNERSHIP OF WORK:
A. Any interest (including copyright interests) of Consultant and its subconsultants in each
and every study, document, report, draft, memoranda, work product, map, record, plan, drawing,
specification and other deliverable, in any medium prepared or created by Consultant or its
subconsultants pursuant to or in connection with this Agreement,shall be the exclusive property of City.
To the extent permitted by Title 17 of U.S. Code, all work product prepared or created under this
Agreement shall be deemed works for hire and all copyrights in such works shall be the property of City.
In the event that it is ever determined that any works .prepared or created by Consultant or any
subconsultant under this Agreement are not works for hire under U.S. law, Consultant hereby assigns to
City all copyrights to such works when and as created. With Owner's prior written approval,Consultant
may retain and use copies of such works for reference and as documentation of its experience and
capabilities and in its promotional materials. With respect to Consultant's standard details, Consultant
may retain the copyright, but grants to City a perpetual non-exclusive license to use such details in
connection with the Project.
B. Without limiting any other City right to any of the works prepared or created by
Consultant or its subconsultants,all works 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. Any City reuse of works shall be subject to California Business and Professions Code
Sections 5536.25, 6735, 6735.3 or 6735.4,if and to the extent applicable. Any City reuse of works for any
purpose other than those in B(1) through B(3) above, and any modifications to any of the works, shall be
at City's sole risk and expense.
D. Consultant shall, at such time and in such form as City may require, furnish reports
concerning the status of services required under this Agreement.
E. All written work required to be provided by this Agreement (other than large-scale
architectural plans and similar items)shall be printed on recycled paper and shall be copied on both sides
of the paper except for one original,which shall be single sided.
F. No work, information or other data given to or prepared created or assembled by
Consultant or any of its subconsultants pursuant to this Agreement, shall be made available to any
individual or organization by Consultant or any subconsultant without prior approval by City.
G. Electronic and hard copies of Consultant's work product shall constitute the Project
deliverables. Plans shall be in CAD and PDF formats, and other documents shall be in Microsoft Word
and PDF formats.
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City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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 maintained for a period of three(3)years after receipt of final payment.
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-Hom 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 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.
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City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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 all 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.
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.
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City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
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.
Page,9 of 10
City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
P.O.No. ')-O[ 7
IN WITNESS WHEREOF,the parties have caused the Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
Kimley-Horn A Municipal Corporation
N C ultan
By By
Timm orden,Director of Public Works
Name Randy Durrenb ger
V
Date 7 /17 /1,-,
Title Vice President
Date 1/21/15
Tax I.D.No.: 56-0885615
APPROVED AS TO FORM:
Address: 1300 lay Street, Ste 325
Oakland,CA 94612
Carol Korade,City Attorney
ATTEST:
Grace Schmidt,City klierk
v
N
Contract Amount:$6,875.00
Account No.:270-9&62-9309
Page 10 of 10
City of Cupertino
Consultant Agreement
For Cupertino Fiber Network Expansion Project
Exhibit A- Task 2 Only
Vimley-Horn
and Associates,Inc,
1300 Clay Street,
Suite 325
Oakland,CA 94612
510)625-0712
via email)
August 25, 2014
Mr.Erwin Ching,P.E.
Associate Civil Engineer
City of Cupertino
10300 Torre Avenue,
Cupertino,CA 95014-3237
408)777-3237
RE: Proposal for Cupertino Fiber Design and Support Services
Dear Erwin:
Thank you for inviting Kimley-Horn to perform engineering services for providing Fiber Design and
Support for various City projects.As requested,we offer the attached Scope of Work and Fee Estimate
to perform these services.
If you have any questions, please do not hesitate to call me at(510) 350-0215. We look forward to
continuing to work with you and the City on these projects.
Sincerely,
Alf
Elbert Chang,P.E.
Project Manager
Kimsey-Horn
and Associates,Inc,
SCOPE OF WORK
The City of Cupertino has requested fiber design and support services for the following City of Cupertino
projects:
Quinlan Community Center Fiber Installation Project
De Anza Ave/Prospect Rd Signal Modification Project
Cupertino Fiber Network Expansion Project -
De Anza Ave/Rodrigues Ave Signal Modification Project
Task I QUINLAN COMMUNITY CENTER FIBER INSTALLATION PROJECT
Under this task, Kimley-Horn will provide support services for the Quinlan Community Center Fiber
Installation Project and the De Anza Ave/Prospect Rd Signal Modification Project. These services will
include the following:
Quinlan Community Center Fiber Installation Project
Finalize the project project plans,incorporating comments and producing final mylar plans(signed
and sealed)
Construction Support:
o Review of Contractor Submittal,RFI responses,and some tech support
o Preparation of Record Drawings based on Contractor's mark-ups for this project(if needed)
Update fiber splice diagram in AutoCAD and PDF.
De Anza Ave/Prospect Rd Signal Modification Project
Preparation of Record Drawings based on Contractor's mark-ups
Deliverables
Final Quinlan Community Center Fiber Installation Project plans(hard copy mylar,PDF,AutoCAD)
Submittal review comments
RFI responses
Record drawings
Updated fiber splice diagram
Task 2—CUPERTINO FIBER NETWORK EXPANSION PROJECT
Under this task,Kimley-Horn will provide fiber design and support services for the Cupertino Fiber Network
Expansion Project and the De Anza Ave/Rodrigues Ave Signal Modification Project.These services will
include the following:
Cupertino Fiber Network Expansion Project
Review and update previous PS&E:
o Kimley-Horn will review previously prepared project plans,specifications,and estimates.
No field meetings or field confirmation is included in this scope of services.Changes and
updates from the Quinlan Community Center Fiber Installation Project will be incorporated.
Kimley-Horn will prepare DRAFT FINAL PS&E for City review. It is expected the the
DRAFT FINAL PS&E will be completed two weeks after NTP.
o After receiving City comments,Kimley-Horn will discuss them by telephone with the City.
City of Cupertino 8125114
Fiber Design and Support Services
Kimley-Horn
and Associates,Inc.
Based on the comments and discussion, Kimley-Horn will prepare FINAL mylars,
specifications,and estimate. Kimley-Horn will submit FINAL checkprint to City as.pdf file
for 1-day review prior to preparing mylar plans. Comments received on the checkprint(if
any)are expected to be minor and editorial in nature.It is anticipated that the FINAL design
will be completed one week after teleconference with the City to discuss comments.
o The final submittal will consist of the following:
Final Plans in 24"06" on mylar,plus 11"x17"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.
Construction Support
o Review of Contractor Submittal,RFI responses, and some tech support
o Preparation of Record Drawings based on Contractor's mark-ups for this project(if needed)
Update fiber splice diagram in AutoCAD and PDF.
De Anza Ave/Rodrigues Ave Signal Modification Project
Preparation of Record Drawings based on Contractor's mark-ups
Deliverables
Fiber Network Expansion Project—DRAFT-FINAL PS&E(.pdf)
Fiber Network Expansion Project—FINAL(hard copy mylar,digital files-.pdf,AutoCAD,Word,
Excel)
Submittal Review comments
RFI Responses
Record Drawings
Updated fiber splice diagram
FEE
Kimley-Horn will provide the services outlined in the scope of services on a time-and-materials basis with
a contract ceiling of$11,550,consisting of$10,500 of professional services and$1,050 Contingency
10%). 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. This
information is provided as an estimate only,and Kimley-Horn reserves the right to adjust budgets between
tasks while maintaining the total fee. Contingency budget will only be used with written City of Cupertino
authorization.
Services other than those set forth in the Scope of Services shall constitute additional services.Additional
services,such as attendance at design in-person meetings,design fieldwork,and utility coordination 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 8125114
Fiber Design and Support Services
Kimley>>) Horn EXHIBITB
CUPERTINO FIBER NETWORK EXPANSION PROJECT
SCHEDULE
Task Milestone Deadline
1 Review previously prepared PS&E 1 week after NTP
2 DRAFT FINAL PS&E Submittal 2 weeks after NTP
i
3 ' City review(2 weeks)4 weeks after NTP
4 Receive and discuss City comments 1 4 weeks after NTP
5 FINAL PS&E Submittal 1 week after City comment
discussion
6 Construction Support TBD
i
7 Prepare Record Drawings TBD
8 Update Fiber Splice Diagram TBD (After construction)
00 Clay Street,Suite 325, Oakland, 0 .
EXHIBIT C
Cupertino Fiber Expansion Project Support Services by: EKGFeeEstimate
checked by: Mww
8/25/14- FINAL
Rate(BOB without indirect expenses,computer) 210 $ 155 $ 120 $ 100 EstimatedProposedStaffElbertMattScottMonaTotalTotalDirect Total TaskRoleQCPMAnalst .Anal st Hours Labor Costs Expenses Task Cost Bu et
Task 2-Cupertino Fiber Network Expansion Project
Review previously prepared PS&E 1 2 1 4 $ 640PrepareDRAFTFINALPS&E 4 1 4 9 $1 140PrepareFINALPS&E 1 2 1 4 8 $1,040 $ 50ConstructionSupportReviewContractorSubmittals, RFI as-needed 1 6 4 11 $1 620 $150PreparerecorddrawingsFiberNetworkExpansion,De Anza/Rodrigues) 2 8 10 $1,110Updatefiberslicediagram1146 $ 675
Total 3 17 8 20 48 $6,225 $ 6,2251 6,250
Contingency(10%) $625
TOTAL $ 6,875
Cupertino Fiber Design and Support Services-Cost Estimate-FINAL(01.12.15)