14-009 Beverly Catli Design, Consultant Service for General Plan Revisions and Revise Map Artwork and Text in Digital FilesJanuary 22, 2014
Beverly Cath Design
249 Leota Avenue
Sunyvale, CA 94086
Re: Agreement
OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertirgo.org
Enclosed is a fully executed original copy of your agreement with the City of. Cupertino.
If you have any questions or need additionalvlformation, please contact the
Community Development Department at (408) 777 -3308.
Sincerely,
Dorothy Stee ott
Senior Office Assistant
cc: Planning
Enclosure
I
CITY OF
AGREEMENT
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CITY OF CUPERTINO
10300 Torre Avenue
ryZ Cupertino, CA 95014 p �
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THIS AGREEMENT, made and entered into this 1811, daylof September, 2013 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY ") and Beverly Catli Design 249 Leota Avenue Sunnyvale, CA 94086
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: General Plan
Revisions - revise map artwork and text in digital files.
Check box if services are further described in an Exhibit.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A.
TERM: The services and /or materials furnished under this Agreement commenced on December 151, 2013
and shall be completed no later than December 31, 2014.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: A total
not to exceed $950.00.
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 dama.ge 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 erployees. !Such costs end expenses shall include reasonable
attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
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 thilslAgreement, without prior written consent of CITY
Page .1 of 3
Agreement — Beverly Catli Design, General Plan Revisions
9
i
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) Liabili
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $500,000
each occur:rence
$1,000,000
aggregate - all other
Property Damage: $100,000 each occurrence
$250,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of
$1,000,000 will be considered equivalent to the required minimum limits shown
above.
(3) Automotive:
Comprehensive automotive liability coverage in the following minimum limits:
Bodily Injury: $500,000 each occurrence
Property Damage: $100,000 each occurrence
or
Combined Single Limit: $500,000 each occurrence
(4) Professional Liability:
Professional liability insurance wliich includes coverage for the professional acts,
errors and omissions of Consultant in the amount of at least $1,000,000.
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.
a
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
Page 2 of 3
Agreement - Beverly Cath Design, General Plan Revisions
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: Piu Ghosh, Senior Planner DEPARTMENT: Community Development
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: CITY OF CUPERTINO:
v er Ca i 1' AtA� z��.w v B , w r-qL .
By fi V y_
Titles SV n r eA-,W- Title: Assistant Director Community Development
�Pi�/ ✓ 7 (� cti f' D GS r �j Yl
APPROVALS
EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD
ACCOUNT NUMBER
AMOUNT
`
DATE \
110 -7301 -9327
$950.00
CITY ATTORNEY APPROVED AS TO FORM
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CITY CLERK: ATTEST
DATE 1-11l � "c \
Page 3 of 3
Agreement - Beverly Cath Design, General Plan Revisions
To
Company
Date
Job # / Name
Page
Piu Ghosh PiuG @cupertino.org
City of Cupertino
10300 Torre Ave., Cupertino, CA 95014
11.7.13
General Plan Revisions Nov. 2013
1 of 2
bev rly 64t `i��!esign design proposal
Update of the General Plan, revising map artwork and text in digital artwork files in
Sections 2, 4, 5 and 6, and in the Amendments and Appendices, as marked up on
hard copies from the briefing meeting with Piu Ghosh on 11.1.13. Changes are
to made on approximately 47 pages. Manage vendor to produce 20 -25 digital
color copies.
TOTAL
Est. 15 hrs. @ !'50.00 /hr. 750.00
(there will be additional costs incurred if any of the maps
to be revised are not provided as vector artwork)
Optional: cost for porting Quark documents into In Design 200.00
$950.00
_ _ . 249 -Leota Avenue, Sunnyvale, CA 94086 408.774.1940 Fax 408.701.0103 bev.bcdesign @gmail.com
To
Company
Date
Job # / Name
Page
bev fca�l'i1,esign
Piu Ghosh PiuG @cupertino.org
City of Cupertino
10300 Torre Ave., Cupertino, CA 95014
11.7.13
General Plan Revisions Nov. 2013
2 of 2
design proposal
TERMS AND CONDITIONS
In the event of The City of Cupertino '(hereafter , referred tows client) cancelling the project, fees of
at least half of`the estimated costs are due and payable for the amount of work completed at time of
cancellation.
* Cost estimate does not include third -party fees if required, sales tax or out -of- pocket expenses
(nor does it include incidental charges) necessary to produce visual comprehensives and final art-
work. Changes by client to the work as agreed upon in this proposal may impact costs beyond those
estimated.
11.7.13
Beverly Catli Manzano Date
ACCEPTANCE OF PROPOSAL Client approval to start project.
Client Signature Date
Thank you, Piu for the opportunity to quote this project for you.
Please call me if you need further explanation of this estimate.
— ,.4... „249- Leota- Avenue;. Sunnyvale, CA 94086 408.774.1940 Fax 408.701.0103 bev.bcdesign @gmail.com