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11-023 Agreement, Baseline Land Surveyors, Inc. & Matheou Civil Angineering, Inc., Professional Servies, Stevens Creek Corridor Park Phase 2 CITY OF a w (-1t AGREEMENT BETWEEN CITY OF CUPERTINO AND ' BASELINE LAND SURVEYORS, INC. & �y[.Ig CUPERTINO MATHEOU CIVIL ENGINEERING, INC. � ��� o FOR PROFESSIONAL SERVICES FOR STEVENS CREEK CORRIDOR PARK PHASE 2 THIS AGREEMENT is made and entered into this day of Marck , 2011 by and between the City of Cupertino, a municipal corporation, hereinafter referred to as CITY and Baseline Land Surveyors, Inc. & Matheou Civil Engineering, Inc., hereinafter referred to as CONSULTANT. RECITALS WHEREAS, CITY desires to obtain topographic survey consultant services for Stevens Creek Corridor Park Phase 2, (hereinafter referred to as Project); and, WHEREAS, CITY requires certain professional services in connection with Project (hereinafter referred to as Services); and, WHEREAS, CONSULTANT has the necessary professional expertise, qualifications and skill to perform the Services required and is prepared to provide such Services; and, NOW, THEREFORE, the purpose of this Agreement is to retain Baseline Land Surveyors, Inc. & Matheou Civil Engineering, Inc., as CONSULTANT to CITY to perform those Services specified in Exhibit A of this Agreement, and the parties hereby agree as follows: Section 1. Scope of Services CONSULTANT shall perform those Services specified in Exhibit A, titled "Scope of Services ", which is attached hereto and incorporated herein. Section 2. Term of Agreement The term of this Agreement shall commence on February 25, 2011 and continue through December 31, 2011. In the event that the Services called for under this Agreement are not completed within the time specified, the CITY may extend the time for completion. Section 3. Schedule of Performance The Services of CONSULTANT are to be completed according to the schedule set out in Exhibit C, titled "Schedule of Performance ", which is attached hereto and incorporated herein. CONSULTANT is not responsible for delays beyond CONSULTANT's reasonable control. Section 4. Compensation The compensation to be paid to CONSULTANT for professional Services and reimbursable expenses shall be a lump sum not to exceed Twenty Eight Thousand Six Hundred Dollars ($28,600.00) for Basic Services inclusive of Reimbursable Expenses. An Additional Services allowance of Two Thousand Four Hundred Dollars ($2,400.00) is also included for potential Services that would exceed the basic scope. Such Additional Services shall only be performed upon advance written authorization by CITY. Total Fees shall not exceed Thirty One Thousand Dollars ($31,000.00). The rate of payment is set out in Exhibit B, titled "Compensation ", which is attached hereto and incorporated herein. Section 5. Method of Payment CONSULTANT shall furnish to CITY a detailed statement of the work performed for compensation during the term of this Agreerent. 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. Section 6. Independent Contractor It is understood and agreed that CONSULTANT, in the performance of the Services, shall act as and be an independent contractor and not an agent or employee of CITY; and as an independent contractor, CONSULTANT shall obtain no rights to retirement benefits or other benefits which accrue to CITY's employees, and CONSULTANT hereby expressly waives any claim it may have to any such rights. Section 7. No Third Party Rights CONSULTANT's Services under this Agreement are intended for the sole benefit of City and shall not create any third party rights or benefits. Section 8. Project Coordination A. CITY: Director of Public Works shall be representative of CITY for all purposes under this Agreement. The City Architect, is hereby designated as the Director of Public Works' designee and Project Manager, and shall supervise the progress and execution of this Agreement. B. 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 Manger 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 Simon Laguens. Section 9. Assignability / Subconsultants / Employees Basic Agreement Baseline Land Surveyors, Inc. 2 The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement or the performance of any obligations hereunder, without the prior written consent of CITY, and any attempt by CONSULTANT to so assign this Agreement or any rights, duties, or obligations arising hereunder shall be void and of no effect. CONSULTANT shall be responsible for employing or engaging all persons necessary to perform the Services of CONSULTANT hereunder. No subconsultant of CONSULTANT will be recognized by CITY as such; rather, all subconsultants are deemed to be contractors of CONSULTANT, and it agrees to be responsible for their performance. CONSULTANT shall give its collective professional attention to the fulfillment of the provisions of this Agreement by all of its employees and subconsultants, if any, and shall keep the work under its control. If any employee or subconsultant of CONSULTANT fails or refuses to carry out the provisions of this Agreement or appears to be incompetent or to act in a disorderly or improper manner, such employee or subconsultant shall be discharged immediately from the work under this Agreement on demand of CITY. Section 10. Indemnification. A. Claims for Professional Liability. 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 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. B. Claims for Other Liability. 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 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. Basic Agreement Baseline Land Surveyors, Inc. 3 Section 11. Insurance Requirements. CONSULTANT shall furnish to CITY, within 15 days following the execution of this Agreement, the required certificates and endorsements to provide CITY satisfactory proof that CONSULTANT has taken out for the entire period required by this Agreement, as further described below, the following insurance and endorsements, in a form satisfactory to CITY and with an insurance carrier satisfactory to CITY, authorized to do business in California and rated by A. M. Best & Company "A" or better, financial category size FSC Class VII or better or that is otherwise acceptable to CITY, which will protect those described below from claims described below which arise or are alleged to have arisen out of or result from the acts or omissions of CONSULTANT for which CONSULTANT may be legally liable, whether performed by CONSULTANT, or by those employed directly or indirectly by it, or by anyone for whose acts CONSULTANT may be liable: A. Workers' Compensation and Employer's Liability Insurance: Workers' compensation insurance indicating compliance with State's workers' compensation laws and employer's liability insurance with a minimum of one million dollars ($1,000,000.00) per accident for injury, death or disease to any employee. The policy shall contain an endorsement waiving all rights of subrogation against CITY, its officers, officials, employees or volunteers. In the event CONSULTANT is self - insured, it shall furnish Certificate of Permission to Self- Insure signed by Department of Industrial Relations Administration of Self- Insurance, State of California. B. Professional Liability, General Liability and Automobile Liability Coverage: 1. Automobile Liability Insurance shall include coverage for bodily injury and property damage for owned (if any), hired and non -owned vehicles and shall not be less than two million dollars ($2,000,000.00), combined single limit for any one occurrence. 2. Comprehensive or Commercial General Liability Insurance shall include coverage for bodily injury, property damage and personal injury for premises operations, product/completed operations and contractual liability. The amount of the insurance shall not be less than one million dollars ($1,000,000.00) per occurrence and two million dollars ($2,000,000.00) aggregate, combined single limit. (Claims made policies are not acceptable.) CONSULTANT shall also provide aggregate limits endorsement and primary insurance endorsement. 3. Professional liability Insurance (including Contractual Liability) shall include coverage for claims for professional acts, errors or omissions and shall not be less than one million dollars ($1,000,000.00) per claim, and two million dollars ($2,000,000.00) in the aggregate. This coverage shall be maintained for a period of 5 years after completion of the Agreement. C. Additional Insurance Provisions 1. CITY shall have the right to inspect or obtain a copy of the original policies of insurance. 2. On CONSULTANT's Commercial General Liability policy and Automobile Liability Policy, CITY of Cupertino and their affiliates, directors, officers, officials, partners, representatives, employees, consultants, subconsultants and agents, shall Basic Agreement Baseline Land Surveyors, Inc. 4 be named as additional insured, but only with respect to liability arising out of work or operations performed by or on behalf of CONSULTANT including materials, parts or equipment furnished in connection with such work or operations. General liability coverage can be provided in the form of an endorsement to CONSULTANT's insurance (at least as broad as ISO Form CG 20 37 07 04 or CG 20 10 11 85), as a separate Owner's and CONSULTANT's Protective Liability Policy, or on the Entity's own form. 3. The general, auto, and professional liability policies shall be endorsed to provide primary insurance coverage for all claims related to the Services provided under this contract. 4. The certificate of insurance shall state the policy will not be cancelled without thirty (30) days prior written notice to CITY. 5. All policies, endorsements, certificates, and /or binders shall be subject to approval by CITY as to form and content. These requirements are subject to amendment or waiver if so approved in writing by CITY. 6. If CONSULTANT fails to maintain any required insurance, CITY may take out such insurance, and deduct and retain amount of premium from any sums due CONSULTANT under this Agreement. 7. Professional liability insurance coverage is required if CONSULTANT is providing a service regulated by the State of Caaifornia or if required by CITY. Section 12. Nondiscrimination CONSULTANT shall not discriminate, in any way, against any person on the basis of race, sex, color, age, religion, sexual orientation, disability, ethnicity, or national origin in connection with or related to the performance of this Agreement. Section 13. Termination A. CITY or CONSULTANT shall have the right to terminate this Agreement without cause, by giving not less than thirty (30) days prior written notice of termination. B. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, CITY may terminate this Agreement upon thirty (30) days prior written notice if CONSULTANT fails to take steps to correct such failure within the notice period. C. The Director of Public Works is authorized to terminate this Agreement on behalf of CITY. D. In the event of termination, CONSULTANT shall deliver to CITY, copies of all reports, documents, and other work performed by CONSULTANT under this Agreement, and Basic Agreement Baseline Land Surveyors, Inc. 5 upon receipt thereof, CITY shall pay CONSULTANT for Services performed and reimbursable expenses incurred to the da:e of termination. Section 14. Governing Law CITY and CONSULTANT agree that the law governing this Agreement shall be that of the State of California. Section 15. Compliance With Laws Consistent with its professional standard of care, CONSULTANT shall comply with all applicable federal, state, and local laws, rules, regulations, orders, codes, criteria and standards. CONSULTANT shall procure the permits, certificates, and licenses necessary to allow CONSULTANT to perform the Services described in Exhibit A. CONSULTANT is required to pay prevailing wage where applicable. Section 16. Confidential Information All data, documents, discussions, or other information developed or received by or for CONSULTANT in performance of this Agreement are confidential and not to be disclosed to any person except as authorized by CITY, or as required by law. Section 17. Ownership of Materials. Any interest (including copyright interests) of CONSULTANT or its subconsultants, in studies, reports, memoranda, computational sheets, plans, plans or any other documents (including electronic media) prepared by CONSULTANT or its subconsultants at any time in connection with the Services, shall be immediately upon its creation, the property of CITY. To the extent permitted by Title 17 of the United States Code, work product produced 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 work and any former works created by CONSULTANT or its subconsultants 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 CITY's prior written approval, CONSULTANT may retain and use copies of such works for reference and as documentation of experience and capabilities. Electronic and hard copies of CONSULTANT's work product shall constitute the Project deliverables. Plans to be in CAD and PDF formats, and other documents to be in Microsoft Word and PDF formats. CITY holds CONSULTANT harmless for any reuse of or modification to the documents. Section 18. No Waiver. The granting of any payments, and any inspections, reviews, approvals or oral statements by any CITY representative, or certification by any governmental entity, shall in no way limit CONSULTANT's obligations under this Agreement. Either party's waiver of any breach, or the omission or failure of either party, at any lime, to enforce any right reserved to it, or to require strict performance of any provision of this Agreement, shall not be a waiver of any Basic Agreement Baseline Land Surveyors, Inc. 6 other right to which any party is entitled, and shall not in any way affect, limit, modify or waive the party's right thereafter to enforce or compel strict compliance with every provision hereof. This Agreement may not be modified, nor may compliance with any of its terms be waived, except by written instrument executed and approved by fully authorized representatives of CITY and CONSULTANT. Section 19. CONSULTANT's Books and Records A. CONSULTANT shall maintain any and all ledgers, books of accounts, invoices, canceled checks, and other records or documents evidencing or relating to charges for Services, or expenditures and disbursements charged to CITY for a minimum period of three (3) years, or for any longer period required by law, from the date of final payment to CONSULTANT pursuant to this Agreement. B. CONSULTANT shall maintain all documents and records which demonstrate performance under this Agreement for a minimum period of three (3) years, or for any longer period required by law, from the date of termination or completion of this Agreement. C. Any records or documents required to be maintained pursuant to this Agreement shall be made available for inspection or audit, at any time during regular business hours, upon written request by the City Attorney, City Manager, or a designated representative of any of these officers. Copies of such documents shall be provided to CITY for inspection at City Hall when it is practical to do so. Otherwise, unless an alternative is mutually agreed upon, the records shall be available at CONSULTANT's address indicted for receipt of notice in this Agreement. C. Where CITY has reason to believe that such records or documents may be lost or discarded due to dissolution, disbandment, or termination of CONSULTANT's business, CITY may, by written request by any of the above - named officers, require that custody of the records be given to CITY and that the records and documents be maintained in City Hall. Access to such records and documents shall be granted to any party authorized by CONSULTANT, CONSULTANT's representatives, or CONS UULTANT's successor -in- interest. Section 20. Interest of CONSULTANT CONSULTANT covenants that it presently has no interest, and shall not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services hereunder. CONSULTANT further covenants that, in the performance of this Agreement, no subconsultant or person having such an interest shall be employed. CONSULTANT certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of CITY. It is expressly agreed that, in the performance of the Services hereunder, CONSULTANT shall at all times be deemed an independent CONSULTANT and not an agent or employee of CITY. Basic Agreement Baseline Land Surveyors, Inc. 7 Section 21. 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 ProcedLres. 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 13 of this Agreement. Section 22. Notices All notices and other communications required or permitted to be given under this Agreement shall be in writing and shall be personally served or mailed, postage prepaid and return receipt requested, addressed to the respective parties as follows: To CITY: Terry W. Greene City Architect City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 408 - 777 -3354 terryg @cupertino.org To CONSULTANT: Simon Laguens Baseline Land Surveyors, Inc. 201 Hoffman Avenue, Suite #8 Monterey, CA 96940 831 - 476 -6030 simon @baselinelandsurveyors.com Nektarios Matheou Matheou Civil Engineering, Inc. 777 N. First Street. Suite 615 San Jose, CA 95125 408 -506 -8565 nmatheou@matheouengineering.com Notice shall be deemed effective on the date personally delivered or, if mailed, three (3) days after deposit in the mail. Basic Agreement Baseline Land Surveyors, Inc. 8 Section 23. Venue In the event that suit shall be brought by either party hereunder, the parties agree that venue shall be exclusively vested in the state courts of the County of Santa Clara, or where otherwise appropriate, exclusively in the United States District Court for the Northern District of California, San Jose, California. Section 24. Agreement Binding/Prior Agreements and Amendments The terms, covenants, and conditions of this Agreement shall apply to, and shall bind, the heirs, successors, executors, administrators, assigns, and subconsultants of both parties. This Agreement, including all Exhibits attached hereto, represents the entire understanding of the parties as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by a written amendment duly executed by the parties to this Agreement. Section 25. Costs and Attorneys Fees The prevailing party in any action brought to enforce the terms of this Agreement or arising out of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with such an action from the other party. Section 26. Electronic Transmission of Information From time to time, CONSULTANT may be directed to transmit information to CITY, or CITY's other Consultants, or CITY's Contractor via electronic transmission. CITY, or CITY's other Consultants, or CITY's Contractor shall rot be entitled to and CITY hereby agrees not to alter or modify any such information without the express consent of CONSULTANT. Similarly, CITY, or CITY's other Consultants, or CITY's Contractor shall not use any information for any purpose not expressly covered by this Agreement. CONSULTANT shall not be responsible for any destruction or corruption of such information during or after transmission to CITY, or CITY's other Consultants, or CITY's Contractor and shall be entitled to appropriate additional compensation in the event re- transmission or re- creation is required. Notwithstanding the foregoing, CITY's Contractor may use electronically transmitted information to prepare submittals, as -built drawings and record drawings. CONSULTANT shall not be responsible for any changes made by the Contractor or for the Contractor's work product. Section 27. Dispute Resolution Any dispute related to the Services hereunder shall be resolved by the parties pursuant to applicable law. Basic Agreement Baseline Land Surveyors, Inc. 9 P.O. # 5' // 0 WITNESS THE EXECUTION HEREOF on the day and year first herein above written. CITY OF CUPERTINO a municipal corporation APPROVED AS TO FORM: date / A gin,.- e 6ireffor o ublic Works, Timm Borden Ci Attorney, Carol Korade Attest: ' .. �� �►' „ r date o3// 1a // / NOTARY PUBLIC CERTIFICATION City Clerk, Ki berly Smith 10300 Torre Avenue Cupertino, CA 95014 408 - 777 -3223 4 G CONSULTANT Baseline Land Surveyors, Inc. & tate of California Matheou Civil Engineering, Inc. / •_c j . .ust o By: Atf On ' i / m y AOII, before me, I,A 1 milk 0.! ' 11 l.. Date: tikarLh $ , 2011 Notary Pu 1 ic,personally appeared CI V ' ! Name: S ' o known to me ■ r proved to me on the basis of satisfac try evidence) to be the Title: `t zr person (s) whose ame (s) is / are r ©j� c of subscribed to the w hin instrument and Name: / vek f1US ��t0-• acknowledged to me at he / she / they executed the same in h / her / their Title: r 1 capacity (ies), and that b s his / her / their signature (s) on the instru -nt the person (s) or the entity upon behalf • which the Tax I.D. No.: 7 - (� �{ l 50 person (s) acted, executed the strument. 201 Hoffman Avenue, Suite #8 WITNESS my hand and official s :.1. Monterey, CA 93940 831- 476 -6030 Signature of Notary Public Account No. : 427 - 9134 -9300 Contract Amount: $31,000.00 Basic Agreement Baseline Land Surveyors, Inc. 10 CALIFORNIA ALL - PURPOSE ACKNOWLEDGMENT State of California 1 y SQL 0 • (, Count of • t On Niv,k -g 201f before me, Cr.P � ' " `rte Mfg. f €/; C i ( Date C Here Insert Nam and i of the Officer V P) personally appeared c ('Y1.t� (� 0..1ACI. - O 1-C .112 ('J , s t Name(s) of Signer(s) l � q J t who proved to me on the basis of satisfactory y t , evidence to be the person(s) whose name(s) is /are y " t subscribed to the within instrument and acknowledged GRACE SCHMIDT to me that tic/o :re /they executed the same in i t a Commission # 1923184 fir /their authorized capacity(ies), and that by _ Notary Public - California 41030m/their signature(s) on the instrument the 1 .: °►/ Santa Clara County - person(s), or the entity upon behalf of which the 4 Comm. res Feb 21, 2015 person(s) acted, executed the instrument. I cer:ify under P ENALTY OF PERJURY under the t t laws of the State of California that the foregoing t paragraph is true and correct. t i t WITNESS my hand and official seal. p � yS SigSignature: - rEve ih. s Place Notary Seal Above Signature of Notary Public OPTIONAL. Though the information below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. 9 Description of Attached Document V t Title or Type of Document: ( ''9. (LANA t .Q . ,1_. .a *Lk, t _ % ist ( Document Date: 4 /D Number of Pages: °� Signer(s) Other Than Named Above: .,9K 1 Capacity(ies) Claimed by Signer(s) f r — e- t Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): [1 Corporate Officer — Title(s): t ❑ Individual RIGHTTHUMBPRINT [1 Individual RIGHT THUMBPRINT 9 t OF S IGNER OF SIGNER t ❑ Partner — El ❑General Top of thumb here [1 Partner — ❑ Limited ❑ General T op of thumb here ❑ Attorney in Fact ❑ Attorney in Fact 9 ❑ Trustee [1 Trustee ❑ Guardian or Conservator 11 Guardian or Conservator ❑ Other: ❑ Other: k Signer Is Representing: Signer Is Representing: p .._....._..._..._. S._..,_..._. \_. .,_..._..._. S._,.`..,_ \_ \_ \ . .._.\_.. ,_..`.• • '".._.• w- ,ti.,_.ti..._., ._.ti. ...._....• ate,\.• ..z.+,_.ti.,_..._..�n © 2009 National Notary Association • NationalNotary.org • 1- 800 -US NOTARY (1- 800 - 876 -E827) Item #5907 CITY OF EXHIBIT A SCOPE OF SERVICES CUPERTINO Topographic Survey and Mapping by Baseline Land Surveyors Inc. for City of Cupertino for Stevens Creek Corridor Park Phase II Project 9134 The area to be surveyed includes Stevens Creek Blvd., Stevens Creek, Proposed Stevens Creek Trail, "Stocklmeir" parcel APN 357 -10 -007, portions of Blackberry Farm Golf Course APN 357 -09 -053, portion of APN 357-10-001, all in City of Cupertino, Santa Clara County, California. Boundaries, right of ways and easements will be based on found monuments established per Santa Clara County Record maps and deeds. Establishing boundary & vertical control will take place prior to topographic data collection and is included in the fee. City will provide the most current title report information readily available including copies of all documents (exceptions) relating to boundary and easements listed within the title report. City will provide the most current vertical Benchmark data in the nearby area to assist in verifying any changes to boundaries or benchmark data. City will provide readily available record documents such as records of survey, plan lines, ALTA surveys or related information. City has provided a preliminary title report and a topographic aerial survey CAD drawing of the aforementioned boundary produced by Kier & Wright Civil Engineers and Surveyors, Inc. in 2005, via SSA Landscape Architects. The Boundaries an ad Vertical Survey Control for this project are relative to said topographic aerial survey and may be used. Topographic Map will encompass a Base area with three additional Areas number 1, 2, and 3 that are included in the scope of work. The following information describes the Base and the 3 included Area limits and what type of data is to be gathered during the survey in these areas. See attached reference map for a representation of the Area limits. Base Scope Area: Base Survey will include the Blackberry Farm Golf Course Clubhouse and Blue Pheasant Restaurant Parking Lot and perimeter chain link fence out to and including the southern half of Stevens Creek Boulevard. Limits along Stevens Creek Blvd southern right of way extend from approximately 50' east of the extension of the east edge of said parking lot, then west along the southern portion of Stevens Creek Boulevard to 50' beyond the footbridge crossing Stevens Creek on the south side of Stevens Creek Boulevard and to the fence on south side of said Boulevard between said parking lot and said footbridge. The intersection of Stevens Creek Blvd. and Phar Lap Drive will be shown in its entirety (30' beyond curb returns along both streets). A strip of land from Stevens Creek Blvd just to the west of said footbridge heading south along a previously traveled dirt way /driveway leading to the orchard and structures is included. The traveled way and 10' beyond both edges, includes rock columns lining traveled way will be included. Frontages of structures along the west edge of traveled way are to be located, not entire structures except for ones located east of the traveled way. East of traveled way will be surveyed to top of bank (upper hinge point of creek bank). From southern most structure frontage west to wood fence line bordering the westerly edge of orchard and south along fenceline to southern most corner of boundary A.P.N. 357 -09 -053 beyond well at south end of orchard is included. The entire orchard area and trees will be located from mentioned westerly fence to west top of Stevens Creek bank, except in designated ct.annel survey areas for creek redesign and two possible footbridge locations. These areas will located from bank to bank along Stevens Creek, description to follow below. From the traveled way near north end of structures and orchard previously mentioned heading east to well at north end of orchard and continuing east to Stevens Creek westerly top of bank and across creek to east top of bank at large sycamore tree near golf practice net. This tree serves as the north end of stream channel restoration for this project. From this point heading south, upstream, along the channel of Stevens Creek for approximately 600' to a blue flag marked by geomorphologist, Baseline will locate entire channel topography as described: top of bank west edge, slope to channel, channel (width and depth), up east slope to east top of bank, all trees in this area greater than 8" diameter at breast height, drainage pipes, bank stabilization materials existing (type and extent). In addition to showing topography of creek, Baseline will acquire specific cross section profile data at approximately 15 locations to be designated on site by City in collaboration with geomorphologist prior to survey field work and coordinated so as to be close to time of survey field work. Two footbridge locations crossing Stevens Creek at south end of orchard have been proposed for this project. One site is near well site at south end of orchard and the other is approximately 75' north, downstream. The topography of Stevens Creek in these specified areas will be surveyed in the same manner as the previously mentioned 600' stretch of said creek. Specific cross section profile data as previously mentioned is not requested in this area. From the northernmost proposed footbridge site, the easterly top of Stevens Creek bank heading southwesterly toward the end of the existing paved trail system and a strip of land, approximately 25' wide, extending into edge of golf course fairway will be surveyed to facilitate connection to the end of said trail at southern most point of survey Base area. This description covers the Base area limits to be covered during the topographic survey field work. Topographic data acquired within project area will include: locating structures, curb /gutter and sidewalks every 20' (along Stevens Creek Blvd & Blue Pheasant parking lot), walls (top and toe), parking lot and street striping, fences, trees (8" dia. or greater at breast height). Tree drip line data would be used as applicable from previously mentioned aerial survey by Kier & Wright. However orchard tree driplines will be corrected to reflect a ratio of the tree diameter, and any missing trees along the golf course west edge /creek east bank will be included. Trees 6" to 8" in diameter will be included as feasible,with a focus on trees on or along the creek banks, at the two possible bridge locations, and within the proposed creek widening zone. Also included will be horizontal limits of patches of selected invasive vegetation (such as vinca and giant reed) which will be identified by City prior to the survey. Above ground utilities to locate would include: storm & sanitary manholes, clean outs, catch basins (invert elevations, pipe size, direction of flow where applicable for design purposes at intersection of Stevens Creek Blvd & Pharlap Drive), culverts, drainage pipes (type and dia. within Stevens Creek channel area of survey adjacent to golf course), electrical poles, guy wires, vaults, wells, Agreement Exhibits Baseline Land Surveyors, Inc. 2 standpipes, water meters, water valves, hose bibs, rrigation heads and control boxes (along west edge of golf course pathway and area between Blue Pheasant parking lot and Stevens Creek Blvd.), gas meters, tanks, and any other pertinent visible utilities. One foot contour intervals and spot heights will be used in conjunction to accurately represent elevation data. Baseline will seek physical confirmation as available of property lines and limits of rights -of -way and easements during field work, based on record information and pertinent field observations, and shall indicate such elements on base sheets. Basel .ne will plot limits of Stevens Creek Boulevard right -of -way based on record information and shall seek to confirm such limits during the course of work, including along the frontage of 22050 Stevens Creek Boulevard. Topographic Base Map will be shown on 24" x 36" translucent vellum or mylar sheets at a scale of 1" = 20' or as otherwise acceptable to the City. City will provide a template of a City standard base sheet to Baseline for use in preparing base sheets that conform with City standards. Coverage at designated scale is expected to require four plot sheets at 20 scale and one Index Sheet at appropriate scale to show sheet layouts over entire project site. Baseline will provide CAD files to City in version 2004 or more recent, and pdf files of the final base sheets. The Area 1 -3 descriptions are below. Area 1: This area is adjacent to and west of the traveled way strip of land extending from Stevens Creek Blvd to the orchard, previously mentioned in Base area limit description. The western limit of this Area is the wood fence adjacent to subdivision. The south limit would connect to Base area near structures at north end of orchard. Entire structures would be located at this point, whereas Base area only includes frontages of these structures as stated in Base area description. Stone walls, ponds and landscape features would be included. The same type of topographic data would be gathered in this area as that mentioned for Base area. Area 2: This Area would include a strip of land, approximately 25' wide, along the top of Stevens Creek east bank adjacent to the Stevens Creek channel portion of survey and extending into golf course fairway to the east of Stevens Creek. The north limit would be the large sycamore and golf practice net previously mentioned in Base area limit description. This strip would connect to Base area portion of survey at the east bank of Stevens Creek near the northernmost footbridge being proposed as previously stated in the Base area description. Same type of topographic data would be gathered in this area as that mentioned for Base area. Area 3: This Area would include a strip of land, approximately 30' wide, east of Area 2 and Base area on east side of Stevens Creek, as previously mentioned. This portion of work primarily consists of gathering more elevation data in golf course fairway. Adding this section to Base area and Extra 2 would then provide cohesive topographic data from eastern bank of Stevens into golf course fairway for approximately 50'. Same type of topographic data would be gathered in this Area as that mentioned for Base area. Agreement Exhibits Baseline Land Surveyors, Inc. 3 EXHIBIT B COMPENSATION Timeline and fees for final map product will bzt as stated below. Field work estimates accommodate the scope and nature of this survey area and vegetation overgrowth in creek channel, Lump Sum Fee for Base area final topographic map product: $23,500.00 Fee assumes Boundary control (8 hr research & calculation verification, 6 hrs field verify), Vertical control (1 hr research, 4 hrs field acquisition), and final Base map (7 days field work, 7 days CAD processing) Fees for Areas 1 - 3 include field survey work and office CAD production to add to final mapping. Lump Sum Fee for Area 1 (assumes 7 hrs field work, 6 hrs CAD processing): $2,250.00 Lump Sum Fee for Area 2 (assumes 4 hrs field work, 3 hrs CAD processing): $1,250.00 Lump Sum Fee for Area 3 (assumes 5 hrs field work, 4 hrs CAD processing): $1,600.00 Total Not -to- Exceed Fee for scope of Basic Bervices: $28,600.00. This fee is Lump sum and is inclusive of reimbursable expenses. An Additional Services allowance of $2,400.00 is also included for potential services that would exceed the basic scope. Such Additional Services shall only be performed upon advance written authorization by CITY. Total Fees shall not exceed Thirty One Thousand Dollars ($31,000.00). Agreement Exhibits Baseline Land Surveyors, Inc. 4 EXHIBIT C SCHEDULE OF PERFORMANCE The Final Base map is to be completed and submitted to City within 3.5 weeks of receiving authorization to proceed. Baseline shall provide City with at least 1 week's notice of anticipated field work to allow time for City and geomorphologist to field mark survey items notes in Scope of Services. Upon request, an advance copy of the proposed base sheets shall be submitted to City for review prior to finalizing and plotting on mylar /vellum. 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