15-071 Beverly Catli Design for General Plan Revisions-revise map artwork and text in digital files\
FIRST AMENDMENT TO AGREEMENT BETWEEN THE CITY OF
CUPERTINO AND BEVERLY CATLI DESIGN FOR GENERAL PLAN REVISIONS
This First Amendment to the Agreement between the City of Cupertino and Beverly Catli
Designs, for reference dated August 24, 2015, is by and between the CITY OF CUPERTINO, a
municipal corporation (hereinafter "City") and Beverly Catli Design a California sole proprietor
("Consultant") whose address is and is made
with reference to the following:
RECITALS:
A. On May 5, 2015, an agreement was entered into by and between City and
Consultant (hereinafter "Agreement") for General Plan revisions.
B. City and Consultant desire to modify the Agreement on the terms and conditions
set forth herein.
NOW, THEREFORE, it is mutually agreed by and between and undersigned parties as
follows:
1. The Compensation section of the Agreement is modified to read as follows:
A total not to exceed $300.00.
2. Services and requested changes exceeded original scope of contract.
3. Except as expressly modified herein, all other terms and covenants set forth in the
Agreement shall remain the same and shall be in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this modification of
Agreement to be executed.
CONSULTANT CITY OF CUPERTINO
A Municipal Corporation . ~ B~~ Title.{~
RECOMMENDED FOR APPROVAL:
By: ... · r__J;;?--~h1 Ti~~.fb.eut>;r.
ATTEST:
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City Clerk q/J/1 ,[
EXPENDITURE DISTRIBUTION
ACCOUNT NUMBER AMOUNT
PO #2015-488
Account#: 100-71-702 900-942
Original Contract: $150.00
Amendment #1 $150.00
Total: $300.00
CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
Cupertino,CA 95014
CUPERTINO 408-777-3200 NO.
THIS AGREEMENT, made and entered into this 511, day of May, 2015 is by and between the CITY OF
CUPERTINO (Hereinafter "CITY") and Beverly Catli Design,
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. FT1
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 May 7f,2015 and
shall be completed no later than December 31,2015.
COMPENSATION: For the full performance of this Agreement,CITY shall pay CONTRACTOR:A total
not to exceed$150.00.
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.
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.
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Agreement—Beverly Cath Design,General Plan Revisions,5-7-15
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: 500,000
each occurrence
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 which 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.
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
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Agreement—Beverly Catli Design,General Plan Revisions,5-7-15
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:
By By
Title Sole Pro rietor Title: ssistant Director,Community Development
APPROVALS EXPENDITURE DISTRIBUTION
DEPARTMENT HEAD ACCOUNT NUMBER AMOUNT
DATE IO 100-71-702 900-942 150.00
CITY ATTO EZV Z FORM po S". v
DATE
CITY CLERK: ATTEST
DATE
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Agreement—Beverly Catli Design,General Plan Revisions,5-7-15
To Piu Chosh,PiuG@cupertino.org
10300 Torre Ave,Cupertino,CA 95014
Company City of Cupertino
Date 5.7.15
Job#I Name Heart of the City Specific Plan—Updates
Page 1 of 1
bev rl nt'1 i:esi n design proposal
Production artwork for revisions to Heart of the City Specific Plan:
replace one map;add new map;replace 2 sections of text.100.00
NOTE:to place new sections from new revised Land Use sections on pp.28-33 $50.00
Deliverable:High-res PDF digital file
TOTAL 150.00
TERMS AND CONDITIONS
In the event of the City of Cupertino(hereafter referred to as 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.
t Total costs determined by estimated page count,which will change if page count differs from
estimate.If page count remains as in estimate,the final total charged to client will not exceed this
estimate,and may be slightly less.
5.7.15
BeverlyBeverly 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.
249 Leota Avenue,Sunnyvale,CA 94086 408.774.1940 Fax 408.716.4991 bev.bcdesign@gmail.com