05-003, Leslie E. Robertson Associates, R.L.L.P.
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino. CA 95014
408-777-3200
O)If9?
NO. ;.j 9 S
BY THIS AGREEMENT, mClde and entered into this 1- day of December, 2004, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Leslie E. Robertson Associates, R.L.L.P., Att: Saw-Teen See,
Managing Partner, Address: 30 Broad Street, 47th Floor, New York, New York, 10004-2304, Phone: (212)
150~9000, e-mail: sts@lera.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:
Cost estimating and Value Engineering Services for the Mary Avenue Bicycle Pedestrian Bridge
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
EXHIBIT "A": Time And Expense BIlling Polley for Projects
TERMS: The services and/or materials furnished under this Agreement shall commence on December 1, 2004
and shall be completed before October 31, 2005.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on T&M with a maximum not to exceed of $50,000.00
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 HannleSs. 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 services described herein.
Insul'8nce. 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 Dlrector of Administrative Services.
Non-Dlscrtmlnatlon. 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 exlsts 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 financlallnterest under this Agreement is an officer or employee of City.
ChangM. 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 CITY shall be:
NAME: Terry W. Greene, AlA
DEPARTMENT: Public Wor1<s
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.
CONTRACTOR:
By _~AV ~k
Saw-Teen See, Managing Partner
Tax 1.0. #: 13-3147972
APPROVALS
~ DATE
Ilif~Ot~;'(~~~~
CITY OF CUPERTINO:
BY~
Ter. . Greene, AlA, City Architect
EXPENDITURE DISTRIBUTION
110-8101-7014
270-9449-9300
$25,000.00
$25,000.00
LERA
V 1I8IHB
Leslie E. Robertson Associates, R.L.L.P.
Consulting Structural Engineers
PUSl1f"' I
.... !1I0RI(.
i). S
, ,9 (121;
30 Broad Street, 47th Floor
New York, NY 10004-2304
Tel: (212) 750-9000
Fax: (212) 750-9002
http://www.lera.com
Elaine A. Castellano
Senior Associate
eac@lera.com
4 February 2005
File: B323
Mr. Terry Greene
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Via Mail
Revised Billing Policy
Dear Mr. Greene:
From time-to-time it is necessary for us to alter our billing policies
so as to reflect changes in our own costs. Enclosed is a copy of our
revised policy effective 1 January 2005.
Very truly yours,
LESLIE E. ROBERTSON ASSOCIATES, R.L.L.P.
~~A' ~~:-
EAC/slm
Enclosure
A Registered Limited Liability Partnership
LERA
EXHIBIT A
01 January 2005
Page 1 of 2
TIME-ANn-EXPENSE
BILLING POLICY FOR PROJECTS
The following outlines our policy for the billing of services and of expenses for
projects accomplished on the basis of time-and-expense.
A. PERSONNEL CHARGES:
The salaries and hence the billing rates are adjusted once or twice each year to
reflect particularly meritorious advancement in the profession as well as the cost
of living.
1. Senior Personnel
Fixed hourly rates for senior personnel are as follows:
Benjamin M. Cornelius .... ...... $ 150.00
William J. Faschan ............. $ 265.00
Richard B. Garlock ........ ..... $ 155.00
Douglas P. Gonz~lez .. ..... ..... $ 155.00
Onur Gulec ...... ... ...... ...... $ 135.00
John D. Hollyday ............... $ 185.00
Winnie P. Kwan ................. $ 130.00
Elias S. Matar ................. $ 185.00
Sami S. Matar .................. $ 140.00
Adrian Parkinson ... ...... ...... $ 130.00
W. John Pugh ................... $ 185.00
Leslie E. Robertson............ $ 380.00
Saw-Teen See ................... $ 265. 00
Daniel A. Sesil ................ $ 265.00
Monica V. Svojsik .............. $ 160.00
Nayan B. Trivedi. ........ ...... $ 120.00
Richard Zottola. ........ ....... $ 265.00
2. Technical Personnel
Technical persons include engineers, drafters, CAD operators, specification writers,
computer operators and word processors, engaged in consultation, in research, in
design, in producing drawings, specifications and other documents, and in field
activities pertaining to the analysis, the design, the documentation and the
construction of the Project.
Direct Personnel Expense includes the cost of salaries and the cost of mandatory and
customary benefits such as statutory employee benefits, insurances, sick-, holiday-,
and vacation-leave and similar benefits.
The time for Technical Personnel engaged on the Project is billed at a multiple of
2.50 times Direct Personnel Expense except that premium pay (that portion which
exceeds the basic hourly rate) is billed at Direct Personnel Expense plus 15%.
Premium payments are not provided to professional persons.
The minimum personnel charge for a project is $1,000.00.
B. NORMAL REIMBURSABLE EXPENSES
Normal reimbursable expenses are billed at our cost plus 15%. Examples include:
1. Reproduction
a. Plotting on bond or vellum, including plotting of CAD drawings transmitted
electronically to LERA, at $1.30/sq. ft.
b. printing on bond or vellum, at $1.30/sq. ft.
c. In-house photocopying at 109 per copy.
d. 8~ x 11 and A4 color copies at 899 per copy, 11 x 17 and A3 color copies at
$1.19 per copy.
e. Microfilming at our cost plus 15%.
LERA
EXHIBIT A
01 January 2005
Page 2 of 2
TIME-ANn-EXPENSE (continued)
2. Conununication
a. Long distance telephone at our cost plus 15%.
b. Facsimile: $1.00 per copy for transmission.
3 . Travel
a. Travel and travel expense at our cost plus 15%.
b. The use of owned automobiles is billed at 40.5~ per mile.
c. Travel insurance is billed at $11.00 per trip.
4. Delivery
a. Postage and handling, where more than 50~ per item, at our cost.
b. Messenger services at our cost plus 15%.
c. Air courier expenses at our cost plus 15%.
C. SPECIAL SERVICES AND CHARGES
The cost of wind tunnel tests, model construction, and the like is billed at our
cost plus 15%.
The cost of the services of consultants to LERA, where required to provide
specialized services, is billed at our cost plus 15%.
Special services are not undertaken without written notification.
D. INVOICING
Invoices are rendered once each month for services provided during the preceding
month. Some charges may be delayed because of the lack of receipt of invoices from
others, because of uncertainties as to the appropriateness of charges and for like
reasons. Where reasonable, separate invoices can be prepared for Personnel Charges,
for Reimbursable Charges, for Special Services and Charges, and for Computer
Charges.
All invoices are prepared with time records and with receipts for larger items and
are submitted in duplicate. Changes in format can be arranged.