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08-102 F3 & Associates BB FarmAGREEN~ENT CITY OFCUPS=RTINO 10300 Torre p~venue /~, ~ d Cupertino, CA 95014 /' ,~ ~I 408-777-3!00 NO. ~ ~U /a~ BY THIS AGR ENT, made and entered into this 26th day of September , 2008, by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and F3 & Assa;iates lnc., Fred Feickert Address: P.O. Box 5099, Petaluma, CA 94955;Phone: 707-762-9399; Fax: 707-347-4500; e-mail: ffeickert~f3-inc.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: Blackberry Farm Westerly Property Line Survey EXHIBITS: The following attached exhibits hereby are made pl~rt of this Agreement: Proposal Marked "Exhibit A" TERMS: The services and/or materials furnished under this Agreement shall commence on September 26, 2008 and shall be completed before November 15, 2008 COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Not to Exceed $ 6,000.00 based on a Time and Materials B;~sls California Labor Code, Section 1771 requires the payment of prevailing wagE>s 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, 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 filEr 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. '_'* f ~~ CONTRACT CO-ORDINATOR and representative for CITY shall be: ~~ u ~~ 1 LtRED NAME: Terry Greene DEPARTMENT: Public Works Department 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 ;~~ -- Title ~2'E„'S t f1~ t3T Soc. Sec. # or Tax L D. APP OV CITY OF CUPERTINO: By Titl .Terry Greene, AIA, City Architect EXF~ENDITURE DISTRIBUTION EN H A DATE 42'i'-9112-9300 $ 6,000.00 CIT ER DATE 01 D ~ l v ~ ~~~~I~ PO Box 5099 y, IT A ~? rJ ©Ci ~ ~ {e QrrJ" ~ ~ ~ ti . Petaluma, CA 94955 Phone (707) 762-9399 Fax (707) 347-4500 September 26, 2008 Carmen Lynaugh City of Cupertino Public Works Projects Manager 10300 Torre Avenue Cupertino, CA 95014 Phone: 408-777-3215 Fax: 408-777-3333 Subject: Blackberry Farms -Westerly Property Line Dear Carmen, Thank you for your consideration of F3 and Associates, Inc., to provide professional land surveying services to tl•ie City of Cupertino. Based on the information which you have provided anti our own preliminary review of the public records and site conditions, we are t~leased to offer the following proposal for your consideration: This survey will entail the gathering and analysis of public records relative to the boundaries of the lands traversed, reconnaissance in the field to establish the location of controlling survey monuments, and staking a portion of the westerly property line (depicted in attachment "A") ~~f the parcel shown in the Record of Survey filed in Book 667 Page 35 Santa Clara County Records. All existing corners will be flagged for protection with 3 foot lath. Obliterated corners will be set with a permanent durable monument that will be placed 6" above existing ground per your request..A corner record will be filed with the County of Santa Clara on all set corners. Not to Exceed Price: $ 6000 Work will be provided on a Time and Material Basis, I have included our current rate sheet. Exclusions and Additional Considerations: This proposal is exclusive of any title company or public agency fees which may be necessary and which will be the responsibility of the City of Cupertino. ~ ~fi5t7Gltlt65, (nG. r Petalu aOCA94955 Phone (707) 762-9399 Fax (707) 347-4500 During the course of our field survey we could discover "material discrepancies" between the monuments on the ground and in the public records. The Land Surveyor's Act requires that in this event we must file a Record of Survey. Creation and Filing of a Record of Survey is not included and would need to be added into the cost of completing the survey. Additional work not included in this proposal will only be undertaken with the express agreement of the City of Cupertino and will be provided on a Time and Material Basis, unless otherwise agreed to in advance. I have included our current rate sheet. Please note that a copy of the current vesting deeds will be required for the Subject Parcel. Thank you for the opportunity to provide our services on your project. If you have any questions please give me a call. Thank you, Fred Feickert ~ associates, Enc. STANDARD BILLING RATES FOR TIME AND MATERIAL AND EXTRA WORK Project Survevor 140.00/hr. O/T 170.00/hr. Field Crew 215.00/hr. O/T 260.00/hr. Staff Survevor 110.00/hr. (Office) O/T 135.00/hr. Hourly rates rates subject t~~ 4% increase per year. Conditions: • All Terms of this propose/ shall be made a part of any subsequent proposal • F3 s Associates provides aprofession~/ service so no retention uiillbe held. • This propose/expires so days after proposaa/date. • Two sets of p/ans and a/ectronic file must be received at /east 4 working days before our First day on project. • All invoices, (inc/uding extra workJ, u~illbe due within 3o days from date of billing. • All staking uri/l be provided 48 hours after receipt of urritten request. 5ignature~nate ~~ Print Name/Title Signing this serves as a letter of intent and acceptan~:e of the terms. Phone (707) 762- 9399 F=ax (707) 347- 4500 1610 Corporate Circle Petaluma, CA 94954 ~, _, rxi'~ ~'-=I - - - ~ ( -~ i .'.. ,. - .. _ RCVJ SHEE KEVM AP ' PR~VAIE p,N.ERSHIP ~~ ~ \ ~_ I ` \ I t ~. t.. - _. U~.19 -tCE ON PRIVATE PHO?ER,v ~ ~. ~ ~ ~ . -.. _......_. _._' ` s :- Row. / 1 ~ ~, .. _ ar Rov a T~ t ~ i' o ._..>.~ ~ - ~ - 'V I I - Q/ r_ __ ~ ~ ~. '~ ~ ~ ~ -_ rM;l'_„ r ~, T ~-- ~~~,, . 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