07-060 Leslie Robertson Mary Ave BridgeAGREEMENT
CITY OF CUF'ERTINO
10300 Torre Avenue 0 3 2 5 9 5
Cupertino, CA 95014
408-777-;3200 NO.
BY THIS AGREEMENT, made and entered into this 15`h day of May, 2007, 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, 47`h Floor, New York, New York, 10004-2304, Phone : (212j
750-9000, a-mail: sawteen.see@lera.com
(Hereinafter referred as CONTRACTOR), in consideration ~~f 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: None
TERMS: The services and/or materials furnished under this Agreement shall commence on May 15, 2007
and shall be completed before September 30, 2007.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on T8M with a rnaxlmum not to exceed of $15,000.1)0
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract In excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and liability due
to negligence, errors and omissions, inGuding all costs of defending any claim, caused by or arising out of the pertormance of this Agreement. City
shall not be liable for acts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability, Contractor shall ~ ile with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of Cih~s Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that this Agreement Is not a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Contractor shall be deemed to be an Independent contractor and Contractor Is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Contractor certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or trensferred without the written consent of the City. No changes or variations of any kind are
authorized without the written wnsent of the City.
CONTRACT COARDINATOR and representative for CITY shall be:
NAME: Terry W. Greene, AIA DEPARTMENT: Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
By ~~~...rit-... ~~
Saw-Teen See, Managing Partner
Tax I.D. #:
APpRO~(AL$, / i , ~
CITY OF CUPERTINO:
By
Te W. Greene, AIA, City Architect
EhPENDITURE DISTRIBUTION
N
~ ~ 428-9449-9300 $15,000.00
C ~ DATE ~ ~
LERA
TI1+~ AND EXPENSE
BILLING POLICY FOR PROJECTS
B323
1 January 2007
Page 1 of 2
The following outlines our policy for the filling 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 personnelL are as follows:
Leslie E. Robertson ................. $395
Partners ............................$295
Associate Partners .................. $195
Senior Associates ................... $160
Associates .......................... $130
a. Technical Personnel
Technical persons include engineers, drafters, CAD operators, specification writers,
computer operators and word processors, engaged in consultation, in research, in
design, in producing drawings, specifications and other documents, and in field
activities pertaining to the analysis, the design, the documentation and the
construction of the Project.
Direct Personnel Expense includes the cost of salaries and the cost of mandatory and
customary benefits such as statutory employee benefits, insurances, sick-, holiday-,
and vacation-leave and similar benefits.
The time for Technical Personnel engaged on the Project is billed at a multiple of
2.50 times Direct Personnel Expense except that premium pay (that portion which
exceeds the basic hourly rate) is billed at Direct Personnel Expense plus 15$.
Premium payments are not provided to professional persons.
The minimum personnel charge for a project is $1,000.00.
8. NORMAL
EXPEN3E3
Normal reimbursable expenses are billed at our cost plus 15$. Examples include:
1. ReproBuction
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.
2. Travel
a. Travel and travel expense at our co:>t plus 15~.
b. The use of owned automobiles is bil~_ed at 48.54 per mile or at the most
current allowable IRS standard mile~~ge rate.
c. Travel insurance is billed at $11.0(1 per trip.
LERA
TIME-AND-EXPENSE (continued)
B323
1 January 2007
Page 2 of 2
C. SPECIAL SERVICES AND CFIAItGES
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, and for Special Services and 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.