06-004, MPA Design
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AGREEMENT
NO.tttJiJ ~-4 7.J-.J
of December, 20Q9." by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Name (1) MPA Desian (2)
Address 414 Mason Street, Suite 700 City San Francisco, CA Zip 94102 Phone (415)434-4664
(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:
Landscape Architectural Services
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibits A & B-Mary Avenue Gateway, Project 02-9444
TERMS: The services and/or materials furnished under this Agreement shall commence on December 16. 2005 and
shall be completed befOie June 30. 2006
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Amount not to exceed ~ $3,200.00
California Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public
:::~:::~:~::x:~ ::~;t:~::~ JEJ ENTERED
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 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.
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 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 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
Vicki Guapo
DEPARTMENT
Public Works
This Agreement shall become effective upon its execution by the parties have executed this
Agreement the day and year first written above.
:~NTRAC?!Jft ~
Title F~~
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CITY OF CUPERTINO: n ~
By ffi_ ~
Title Assistant Director of Public Wo
Soc. Sec. #
EXPENDITURE DISTRIBUTION
- 110-8601-7014
$3,200.00
Page 1 of2
Vicki Guapo
From: Albert [albert@mpadesign.com]
Sent: Wednesday, December 14,20053:12 PM
To: Terry Greene
Cc: Vicki Guapo; David Nelson
Subject: Re: Mary Ave. Trellis structure Change Order
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Terry,
After review of the contract dated April 17, 2005 we did not have an Engineers Estimate as part of our proposal. I can include this
in the additional service request to make sure the project does not exceed the $100,000 budget. Could I get a list of the city
provided equipment so we get a proper cost estimate.
Thanks,
Albert J. Cruz
Associate
MPA Design
Tel. 4154344664
Fax. 415 434 4665
----- Original Message -----
From: LerryJ;~l_e.ene
To: Albert
Cc: Vi<;:lsLG\,L~J2Q ; <:2!?-.nnJ::iQepfert
Sent: Wednesday, December 14, 2005 10:23 AM
Subject: RE: Mary Ave. Trellis structure Change Order
Albert, the total construction cost, at the end of the job, cannot exceed $100,000, which includes all profit, overhead, inflation,
and a 15% construction contingency. It was my understanding that your consultant services included providing the City with an
"Engineer's Estimate". You should probably design to a $85,000 maximum with a $15,000 contingency. If you can identify an
"add alternate" for us in case we get really good bids, that would be nice. If none is apparent, we can use the $15,000 to add
work during construction as well as cover unforeseen conditions.
Please also include in your documents that the City is providing certain pieces of equipment and take the fact that they are
already paid for into account in your Engineer's Estimate.
Please send your request for additional services to Vicki.
I'll call you to follow up on the particulars of the design of the trellis.
Terry W. Greene, AIA
City Architect
City of Cupertino
10300 Torre Ave
Cupertino, California 95014
(v) 408 777 3248 or 7773354
(f) 4087773333
terryg@cupertino.org
EXHIBIT Bi
12/15/2005
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Dcccmber 14,2005
Vicki liuapo
City of Cupertino
Public Works Department
] (BOO Torre A venue
Cupertino, CA 95014
Subject: !\lary Avcnue Crosswalk Landscapc Architectural Additional Services #2
Dear Vicki,
We have received a request from the city of Cupertino architect to revise previously
approved I noo;!) Construction Documents. These changes include a redesign of trellis
structure details. layout plan. and prepare cost estimate. Also included is coordination
\\ith Sierrn Engineers for structural review (Sierra Engineers fee is not included in this
addi tional service request since city of Cupertino has a contract \\'ith SielTa Engineers
directly).
Proposed Additional Service Fcc:
fv[PA Design
Reimbursables
Grand Total of Additional Sc)'\'ice #2
$3.000
$ 200
S3,200
Please let liS know if this additional service tetter meets \V1tl1 your approval.
-------
r lber! Cru~
Associate
T'vIPA Design
EXHIBIT A
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