13-064 Sandis Civil Engineers, partial topographic survey, 10778 E Estates APN 369-22-014 and 10784 E Estates APN 369-22-013 CITY OF
AGREEMENT
CITY OF CUPERTINO
1030(_\/.4/
iii) Cupertino, CA 95014 RO-I- 4?
CUPERTINO
408-777-3200 NO.
THIS AGREEMENT, made and entered into this_'J+ day of /WA,/ , 2013 is by and betwe n the
CITY OF CUPERTINO (Hereinafter "CITY") and Sandis Civil Engineers,
936 E. Duane Ave., Sunnyvale, CA 94085; (408) 636-0900; lcabral @sandis.net, Hereinafter
"CONSULTANT"), in consideration of their mutual covenants, the parties agree as follows:
CONSULTANT shall provide or furnish the following specified services and/or materials:
Partial topographic survey, with a temporary project benchmark set, to aid in design and
construction of a new outfall and creek bank stabilization measures for a Portion of Calabazas
Creek, located approximately 550' north of Bollinger Road. The outfall situated on Santa Clara
Valley Water District lands located near the creek side of the property line separating 10778 E
Estates (APN: 369 22 014) and 10784 E Estates Ave (APN: 369 22 013 ).
Check box if services are further described in an Exhibit. X
EXHIBIT: The following attached exhibits hereby are made part of this Agreement: Exhibit A&B.
TERM: The services and/or materials furnished under this Agreement shall commence on
May 20nd, 2013 and shall be completed no later than Tune 20nd, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
Lump Sum Not to Exceed$3,500.00
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.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Consultant shall, to the fullest extent allowed by law, indemnify, defend, and
hold harmless the City and its officers, officials, agents, employees and volunteers against any and
all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against
any of them, including any injury to or death of any person or damage to property or other
liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement
by Consultant or Consultant's employees, officers, officials, agents or independent contractors.
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. 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.
Page 1 of 3
Short Form Agreement
Subcontracting. Consultant has been retained due to their unique skills and Consultant may not
substitute another, assign or transfer any rights or obligations under this Agreement. Unless prior
written consent from City is obtained, only those people whose names are listed this Agreement
shall be used in the performance of this Agreement.
Assignment. Consultant may not assign or transfer this Agreement,without prior written consent
of CITY.
Insurance. Consultant shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Consultant shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate- all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will
be considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Consultant agrees that in the event of loss due to any of the perils for which
it has agreed to provide comprehensive general and automotive liability insurance, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any
insurer providing comprehensive general and automotive liability insurance to either Consultant
or City with respect to the services of Consultant herein, a waiver of any right to subrogation
which any such insurer of said Consultant may acquire against City by virtue of the payment of
any loss under such insurance.
Page 2 of 3
Short Form Agreement
P4./a0-1) ,S--(P0
Termination of Agreement. The City reserves the right to terminate this Agreement wit'taf
without cause with a seven (7)-day notice. The Consultant may terminate this Agreement with or
without cause with a seven (7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this
Agreement because of the race, color, national origin, ancestry, religion, gender or sexual
orientation of such person
Interest of Consultant. 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, Consultant shall be deemed to be an independent consultant and
Consultant is not authorized to bind the City to a:ny contracts or other obligations in executing this
Agreement. Consultant certifies that no one who has or will have any financial interest under this
Agreement is an officer or employee of City. City shall have no right of control as to the manner
Consultant performs the services to be performed. Nevertheless, City may, at any time, observe
the manner in which such services are being performed by the consultant.
The Consultant shall comply with all applicable Federal, State, and local laws and ordinances
including,but not limited to,unemployment insurance benefits, FICA laws, and the City business
license ordinance.
Changes. 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: Chad Mosley 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.
CONSULTANT: CITY OF CUPERTINO:
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Soc.Sec.#or Tax I.D 1y -172y2 4 Z
APPROVALS EXPENDITURE DISTRIBUTION
D trNT D DATE ACCOUNT NUMBER AMOUNT
512 �/3 210-9612-7014 $3,500.00
CITY ATnNEY P 0 ED AS Tp FC:: DATE
�� A�"O\ L29(13 / 3
..15- CITY CLERK. ATTES DATE
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Page 3 of 3 (�
Short Form Agreement
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Q SAN D 1 S PLANNERS ENGINEERS
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May 16, 2013
Promo No. 213589
Chad Mosley, PE
City of Cupertino
Public Works Department
10300 Torre Avenue
Cupertino, CA 95014
Ph: (408) 777-7604
RE: CALABAZAS CREEK NEAR BOLLINGER ROAD
CUPERTINO,CA
Dear Chad,
We are pleased to submit our proposal to provide Surveying Services for the above referenced
project. Our proposal is based your email and our conversation.
TOPOGRAPHIC SURVEY $3,500
• We will provide a topographic survey of the area shown on the attached sketch. Our
survey will be tied to the SCVWD vertical benchmark system and will show the existing
manhole at the top of the creek bank including the invert, CMP outfall pipe and top of
bank and toe of bank shots for 25'+/- on either side of the CMP outfall. We will also
provide shots along the center and opposite side of the creek bottom and location of the
dissipater rocks at the outfall including any other pertinent information to provide a
complete topographic survey of the outfall and the surrounding area.
This survey will be prepared in AutoCAD Civil 3D and will be completed within 2
weeks from written notice to proceed."
TERMS&CONDITIONS
• This proposal does not include the costs for reimbursable expenses such as printing, the
setting and staking of monuments, materials, outside services and consultants,
express/overnight mail, courier/special delivery, and travel/per diem. Agency fees will
not be paid by Sandis and are not included in this proposal. Any of the above expenses
will be charged at cost plus 15%.
♦ The scope of work included in this proposal is limited to the specific scope outlined
above only. Any exclusions listed are for clarity only and do not represent a complete list
of exclusions to the scope. Any additional scope proposed or done other than those
listed in this proposal shall be done as an additional service.
• The cost of utility research and maps from utility companies such as PG&E, AT&T,
Comcast, EBMUD, etc. will be charged at cost to the client. Recent experience indicates
that a typical project will require between $500 to $1,000 for copies of utility block maps.
936 E.Duane Avenue I Sunnyvale,CA 94085 I P. 408.636.0900 I F. 408.636.0999 I www.sandis.net
t 9 s v+ a F ri. x "w J':, y.A _ y.,... ' .3 « F•F{T
Q SAN D I S P AINNERSS+EERS
SURVEYOR
May 16, 2013
Chad Mosley
City of Cupertino
Promo No. 213589
Page 2
The above services will be provided for the amount listed above.
Pursuant to state law, no work can proceed on this project without written acceptance. If this
proposal meets with your approval, please forward your contract to our Sunnyvale office for our
review and signature and as your authorization to proceed.
Very truly yours
SANDIS
aura abral, PLS
Associate Principal
Attachment: Sketch of the project area
lC/meb
2
\ / OFFICE OF THE CITY CLERK
k CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
(9c;C.,9s. TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE:www.cupertino.org
CUPERTINO
May 29, 2013
Sandis Civil Engineers
936 E. Duane Avenue
Sunnyvale, CA 94085
Enclosed for your records is a fully executed copy of your agreement with the City of
Cupertino. If you have any questions, please contact the Public Works Department at
(408) 777-3354.
Sincerely,
bDtxxi-_-11.6 A
Dorothy Steenfott
Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works