05-117, Sierra Engineering Group
AGREEMENT
05 -II 7
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-777 -3200
No.(J(Jl)s-4 rCJ b
BY THIS AGREEMENT, made and entered into this 22nd day of November, 20QQ., by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Sierra Engineering Group Address 1328 Decoto Road.
Ste.120 City Union City. CA Zip 94587 Phone (510) 487-9192 (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:
PROFESSIONAL SERVICES FOR CONSTRUCTION DOCUMENT AND CONSTRUCTION SUPPORT PHASES OF
MARY AVENUE GATEWAY TRELLIS PROJECT
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: SCOPE OF SERVICES
(11/16/05)
TERMS: The services and/or materials furnished under this Agreement shall commence on November 22. 2005 and
shall be completed before June 30. 2006
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Amount not to exceed $3,350.00
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. ~ ENTERED
GENERAL TERMS AND CONDITIONS - U
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
Glenn Goepfert
DEPARTMENT
Public Works
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the y and year first written above.
CITY OF CUPERTINO~
BY~~
Title Assistant Director of Public ks
By
Title 'INc.; I'",L
Soc. Sec. # Iifi2~ /?J -W/57
EXPENDITURE DISTRIBUTION
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ENGINEERING
G R 0 U P
November 9, 2005
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
Attn.: Mr. Glen Goepfert
Assistant Director of Public Works
Re.: Structural Engineering Proposal for New Trellis at Mary Ave.
SEG Proposal No.: 301-05-058.00
Dear Mr. Goepfert:
At the request of Vicki Guapo of the City of Cupertino, Sierra Engineering Group is pleased to provide
the following proposal to provide structural engineering services for the subject project. The project
consists of the construction of a new free standing trellis structure designed by MP A Design for the
subject site. We base our proposal on the drawings provided to us by the City. The following is our
anticipated scope of services for the subject project:
Construction Document Phase:
1. Prepare structural calculations for the trellis structure including foundations. Provide sets of
signed structural calculations as required for City submittal.
2. Prepare structural drawings for the trellis structure including foundations. Provide signed
sets of drawings for City submittal.
3. Mark.up specifications for structural materials and assemblies and any perrormance
specifications required.
4. Respond to first round of plan check comments and resubmit calculations and drawings
as necessary to obtain the building permit.
Not included:
1. Any engineering required to address material substitution or review of any changes proposed
during construction.
2. Site visits to review any existing conditions prior to or during design.
.A. 1328 DECaTO ROAD, SUITE #120, UNION CrTY, C\t.IF<lI(NIA 94587 PII: 510.487.9192 FAX: 510.429.7951..
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City of Cupertino
Mary Avenue Trellis
November 9, 2005
Page 2
Constroction Sunport Phase:
1. Review the following submittals and shop drawings:
a. Reinforcing steel shop drawings.
b. Concrete mix design submittal.
2. Respond to RFI 's as necessary.
3. Make one site visit during construction to view reinforcing prior to footing pour.
\Ve propose to provide the scope of services outlined above on a fixed~fee basis for an amount of
$ 2,500.00 for the Construction Document Phase and $ 850.00 for the Construction Support
Phase.
Expenses outlined on the attached Expenses Fee Schedule are not included in the fees outlined
above and will be charged separately.
We look forward to working with you on this project. Please sign below in the space provided if you
are in agreement with the scope of services and fees outlined above, as well as the teons and conditions
on the reverse side of this proposal. Please feel free to call if you have any further questions in this
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Agreed to bY:~- ~
Print name: ~ ~
Date signed: --1l::.!..6 - at;
esus F. Sierra, S.E.
Sierra Engineering Group
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TERMS AND CONDITIONS OF AGREEMENT
The .~chedule of Terms and Conditions sets forth the term.~ anti conditiotls under which Sierra Engineering Group wi/i provide the engineerin~
services shown of the reverse side ofthls page.
Charges:
Services per:formed on an hour{v basis will be charged in accon/ance with Sierra Engineering Group's current schedule of charges. Any tit/Usua,
types of services not specijlcally covered by the foregoing schedule will be charged at a rate determined to be equitable in relation to the scheduie{j
rates. Services per:formed under lump sum contracts will be clwrgedat the agreed iump sum.
Terms of Payment:
In the absence of specijlc arrangements to the contrary, monthly statements will be submitted or a statement will be submitted at the completion
of work for building department submittal. Such statements will be due and payable when rendered. To be recognized, any dispute over charges
must be claimed In writing within twenty (20) days of the date received. A service charge equal to one percent (1 %) per month from the date oj
statement may be added to any statement which remains unpaldfor more than forty-flve (45) days from the statement date. rr suit is instituted to
collect any sum due, Client shall he liable for such sums as the court may adjudge reasonablefor attorney'sfees and other costs of such suit. In
an effort to resolve any conflicts that arise during the design or construction of the project or following the completion of the project, the Client
and the Design professional agree tltat all disputes between them arising Ollt of or relating to thL~ Agreement shall be submitted to nonbinding
mediation unless the partie.~ mutually agree otherwise.
The Client and the Design Professional further agree to include a similar mediation provision in all agreements with independent contractors
and consultants retained/or the project and to require all independent contractors and consultants retained for the project also to include a
similar mediation provision in all agreements with subcontractors, subcon.~lIlta"ts, suppliers or fabricators so retained, thereby providing for
mediation as the primary methodfor dispute resolution behveen the parties to those agreements.
Sierra Engineering Group may at their option withhold delivery of plans and other data pending receipt of payment for all services rendered. In
the event that the Client requests termination of the services prior to completion of Sierra Engineering Group services, Sierra Engineering
Group shall be paid for their time up to the point of termifllltlcm on an Iwur{v basis where the amount charged shall not exceed a guaranteed
maximum ifso established.
Scope and Execution of Services:
The Client will make available to Sierra Engineering Group all known information regarding site conditions and building requirements and wiii
immediately transmit uny new information which becomes available. Sierra Engineering Group will be entitled to rely upon the accuracy and
completeness of all such information so provided. The Client acknowledges that Sierra Engineering Group is retained only for limited services
which are outlined in the scope of services which are part of this contract. Sierra Engineering Group cannot verify the accuracy, completeness
and suitability for the project of sume. It is agreed that Sierra Engineering Group will be entitled to rely upon the accuracy, completeness and
suitability for the project of such work and documentation which was not produced by Sierra Engineering Group. Sierra Engineering Group
shall not be responsible for general safety on the Job by contractors and third parties. .
Sierra Engineering Group will diligently proceed with the work contracted for in a timely manner, but it is e.xpressly agree{l upon and understood
that Sierra Engineering Group shall not be held responsible for delays occasioned ~v factors beyond their control, nor by factors which could not
be reasonably foreseen at the time of the execution of the agreement behveen parties. If the Client is a corporation, the individual or individuals
who contract with Sierra Engineering Group on behalf of the Client warrant that they are duly authorized agents of the Client and are
empowered to so contract.
Limitation of Liability:
The Contractor/Clieflt agrees to limit Sierra Engineering Group's liability to all construction COntractors ami subcontractors on the project
arising from Sierra Engineering Group professional acts, errors or omissions, such that the total aggregate liability of Sierra Engineering Group
to all those named shall not exceed $50,000.00 or Sierra Engineerillg Group~~ total fee for the services rendered on this project, whichever is
greater. Neither the contractor nor any of his subcontractors assumes any liability for damages to others which may arise on account of Sierra
Engineering Group's professional acts, errors, or omissions.
Proposal Durat/on:
This proposal is in effect for 90 days from the date 0/ the proposal and will no iOllger be valid after tltat time.
Initials:
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