13-134 Hulberg & Associates, Consultant Seervices to Provide the Valuation of City Owned Land Located Along San Felipe Drive OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE •CUPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cup,3rtino.org
CUPERTINO
September 4, 2013
Hulberg & Associates
One North Market Street
San Jose, CA 95113
RE: Agreement
Enclosed for your records is a fully executed original 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,
Dorothy Steenfott
Senior Office Assistant
Enclosure
cc: Public Works
CITY OF
AGREEMENT
lia CITY OF CUPERTINO
10300 Torre Avenue
3131 CUPERTINO � Cupertino,CA 95014
408-777-3200 NO.
THIS AGREEMENT, made and entered into this 19th day of August, 2013 is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and Hulberg & Associates, a California Corporation,
One North Market Street, San lose, CA 95113, 408-279-1520 ext. 145, wcarney @valbridge.com,
Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
a summary report to provide the valuation of City owned land located along San Felipe Drive
within the City of Cupertino, and as further shown on the attached Exhibits "A" and "B".
Check box if services are further described in an Exhibit. Q
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibits "A"& "B".
TERM: The services and/or materials furnished under this Agreement shall commence on
8/19/2013 and shall be completed no later than 10/1/2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
A lump sum amount of$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. Contractor 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 Contractor or Contractor's employees, officers, officials, agents or independent contractors.
Contractor 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. Contractor has been retained due to their unique skills and Contractor 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. Contractor may not assign or transfer this Agreement, without prior written consent
of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor 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. Contractor 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, Contractor
shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any
insurer providing comprehensive general and automotive liability insurance to either Contractor
or City with respect to the services of Contractor herein, a waiver of any right to subrogation
which any such insurer of said Contractor may acquire against City by virtue of the payment of
any loss under such insurance.
Page 2 of 3
Short Form Agreement
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a seven (7)-day notice. The Contractor 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 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. City shall have no right of control as to the manner
Contractor performs the services to be performed. Nevertheless, City may, at any time, observe the
manner in which such services are being performed by the contractor.
The Contractor 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.
CONTRACTO : CITY OF CUPERTINO
By By
Title r. k& 1 r&A r Title: Senior Engineer
APPROVALS ]EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD DATE ACCOUNT NUMBER AMOUNT
Z 110-8101-7014 $3500.00
C R P VEDA T9�O FORM DATE
E
CI ATTEST � DATE
Page 3 of 3
Short Form Agreement
EXHIBIT'A'
VACATION OF A PORTION OF SAN FELIPE ROAD
BEING A PORTION OF THE NORTHWEST QUARTER Of=SECTION 22, TOWNSHIP 7 SOUTH, RANGE 2 WEST,
MOUNT DIABLO BASE AND MERIDIAN,AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF LOT 216, AS SAID LOT IS SHOWN ON THE "MAP OF
INSPIRATION HEIGHTS, MONTE VISTA", RECORDED IN BOOK "P" OF MAPS AT PAGE 13, SANTA CLARA
COUNTY RECORDS, THENCE, FROM SAID POINT OF BEGINNING, ALONG THE WESTERLY PROLONGATION
OF THE NORTHERLY LINE OF SAID LOT NORTH 89 040'00" WEST 40.00 FEET TO THE POINT OF
BEGINNING;
THENCE FROM SAID POINT OF BEGINNING, CONTINUING ALONG SAID PROLONGATION, NORTH
89 040'00"WEST 8.67 FEET;
THENCE NORTH 04 045'58"WEST 4.61 FEET TO AN ANGLE POINT;
THENCE NORTH 00 001'42" EAST 42.79 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT
WITH A RADIUS OF 53.00 FEET;
THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 33 054'26" AN ARC DISTANCE OF 31.37
FEET TO A POINT ON SAID RADIUS;
THENCE SOUTH 77.00 FEET TO THE POINT OF BEGINNING.
CONTAINING 609 SQUARE FEET, MORE OR LESS.
END OF DESCRIPTION.
ALCALDE ROAD
- - -
T-
EXISTING EDGE OF PAVEMENT 20.0'
EXISTING FACE OF CURB
25.00'
AREA TO BE
VACATED BY CITY
(609 S.F. EXISTING HOUSE
�M LOT 215
N • / P MAPS 13
V) o p Jilf O 20.5' W o
o 00
m
re ui (0 n n
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w z o N
No Z Q 0 10 20 40 F- o
Z ° w x N
V) F- Z � W z
X
w w 2.4' 1 inch = 20 ft. :D
21.0 P.0.C. D
8.67' 40.00' - 25.00'
4.61' N89.40'00"w LOT 216
N04.45' 8"w P.O.B. P MAPS 13 LOT 217
P MAPS 13
DATE: 04/26/2013 EXHIBI T 'B' 22772 ALCALDE ROAD
SCALE: 1"=20' PLAT OF AREA TO BE VA CA TED CUPERT/NO
SANTA CLARA COUNTY CALIFORNIA