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17-075 Underwood & Rosenblum, Inc., Topographic Ground SurveyCITY OF Ir.I I ~~~~c~=~T~~ · · · 10300 Torre Avenue Cupertino , CA 95014 .,., ""YI CUPERTINO 408-777-3200 NO . W ( 1" -V ' )0 THIS AGREEMENT, made and entered into this /~;! day of fh {,.,'r}_ is by and between the CITY OF CUPERTINO (Hereinafter "CITY") and Underwood & Rosenblum, Inc., 1630 Oakland Rd ., Ste. A114, San Jose, CA 95131 , Phone (408) 453-1222, Email frank@uandr.com Hereinafter "CONTRACTOR"), in consideration of their mutual covenants, the parties agree as follows : C ONTRACT O R shall provide or furnish the following specified services and/or materials : To o ra hie Ground Surve Check box if services are further described in an Exhibit. EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A. T ERM : The services and/or materials furnished under this Agreement shall commence on May 15 , 2017 and shall be completed no later than June 30, 2017. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: $2,900 California Labor Code , Section 177 1 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of $1 ,000.00. GENERAL T ERMS AN D CONDIT ION S Hol d 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 . S ubcontracting . 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. Page 1 of 3 Short Form Agreement 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: (4) 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 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 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 Page 2 of3 Short Form Agreement 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 COORDINATOR and representative for CITY shall be: NAME : Alex Acenas, Project Manager 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 . CITY OF CUPERTINO : By:QAy~~., Printed Name: /rtq(/:J-NO t1e.. A C£tJ!Jr-f> Title : +-'-'"'--'-"~""-4-'',--'"'-LLL~~~4L-.,........,..J..-1,L.>-""'e~b~· ~itle : P , h /. <e Wei f fR .r Pv vi · M 5 Y · APPROVALS EXPENDITURE DISTRIBUTION 420-99-034-900-905-SVCT 004 . oz...a (p -)--17 Page 3 of 3 Short Form Agreement EXHIBIT A May 4, 2017 Alex Acenas Public Works Dept. City of Cupertino Ph: (408) 777-3232 Email: alexa@cupertino.org Subject: Dear Alex: Fee P roposal -L and Surveying Services Cupertino Service Center Facility 10555 Mary A venue, Cupertino, CA 95014 P17089 Underwood & Rosenblum , Inc (U&R) is a full service Civil Engineering and Land Surveying Firm with over 35 years of service to the Bay Area. This scope of work is only for Land Surveying services. The estimated time of delivery is 3 weeks from the date of authorization . Client shall provide: • Complete access to the project area during normal business hours (8am-5pm). Scope of Work: Topographic Ground Survey: U&R shall provide a detailed topographic survey oftbe area of the property as shown on the attached Exhibit "B ". The topographic survey within this area will include the following: • Spot elevations across the area to approximate a SO foot grid to include all high and low points , grade b reaks an d flow I ines ; • All sur face visible utilities as well as invert and flow line data for existing stonn and sanitary sewers . If confirmabl e from field observation, stonn and sanitary lines will be shown connected to their resp ect ive uti lity structures; • Contours will be provided at I foot intervals as needed ; • Existing buildings , finish floors , exterior doorways and roof overhangs; • Trees over 6" in diameter including driplines; • Existing fences and walls; • All hardscape areas including walks, curbs, driveways , concrete structures, pavement and other areas of improvement; • Parking lot striping as needed ; • Vertical datum tied to city benchmark. Total Survey Fee $2,900 Optional: Resolved Boundary Survey : U&R shall provide a resolved boundary for the property . This resolved boundary shall be tied to existing street monwnentation and found boundary evidence as per recorded maps, deeds, field work and other information . This fee is predicated on acceptance of the Topographic Survey above. Resolved Boundary Survey Fee $3,300 It,J1t ()di.land Road. '>uit ,• All.f ..,,rn lo-.e. ( \ "'-111 !'hone' (408) -l5 1-1 22.'.! hx 1406) 45.~1.?07 w ww.u.indr.<om May 4 , 2017 Cupertino Service Center Facility Survey Page 2 of4 Deliverables: • A digitally signed and stamped plat of the survey delivered by email. • A copy of the Digital CAD files delivered by email. Some items not included in this proposal: • Surveying beyond the limits described above. • Resolution of boundary disputes with neighbors. • Creation of any document to be recorded and/or filed with any agency. • Creation and recording of a Record of Survey, easements or legal descriptions. • Permanent monumentation of property. • Construction staking. • Meeting attendance. • Engineering or design services . Work requested beyond the Scope of Work defined above shall be considered "Extra Work" and will not be perfonned without your prior authorization and agreement to the additional fees. Client shall pay for reasonable charges on written change orders from U&R for services, modifications or additions to this agreement. This agreement may be terminated by either party upon not less than seven days written notice should the other party fail substantially to perform the duties outlined in this agreement through no fault of the party initiating the termination . All fees , payments and reimbursements for services performed due U&R whether invoiced or not shall be satisfied in full prior to termination of this agreement. We shall bill for the full amount of the fee upon completion of the survey work. Unpaid billings over thirty (30) days from the date of billing are considered delinquent and are subject to a monthly charge of 0.833%. Please sign and date the authorization below as your acceptance to this proposal and return one copy to our office . Sincerely, SENBLUM. INC. Frank M. Rosenblum , PLS 6395 , PE 42857 Principal Land Surveyor & Engineer/President Attachments: Exhibit "A " -Current Billing Rates Exhibit "B" -Limit of Survey AUTHORIZATION TO PROCEED: Signature Print Name Title Date lt-:ll.J Oakland Road. Sui te AlH -.an foSt'. CA 95131 Phon e t4081 45J..l222 F~x !4081 453-1207 W"1w .uandr.com May 4, 2017 Cupertino Service Center Facility Survey Page 3 of 4 Exhibit "A" UNDERWOOD & ROSENBLUM, INC. 2017 BILLING RATES I SERVICE HOURLY RATE I Principal Engineer Principal Land Surveyor Senior Engineer Associate Engineer/Assoc. Land Surveyor Assistant Engineer/Surveyor Engineering/Surveying T echnician Senior Drafter-Engineering Senior Drafter-Surveying Drafter-Engineering Drafter-Surveying Technician Administrative Assistant 1-Person Field Survey 1-Person Field Survey w/Robotic 2-Person Field Survey Crew 2-Person Field Survey w/Robotic 3-Person Field Survey Crew 3-Person Field Survey w/Robotic Expert Witness Testimony Other Reimbursable Expenses -Automobile -Blueprints , Reproductions , Deliveries Maps, Deeds , Documents , etc. $ 210 .00 210.00 180.00 155.00 135.00 120.00 110.00 110 .00 100.00 100.00 90 .00 80 .00 185.00 225 .00 280.00 320 .00 375.00 415 .00 360 .00 $0.50 per mile Cost+ 15% 1630 Oaklan d Road. ~uite All4 ~o Jose, CA 95131 Phone (40814.5.3--1222 Fax 14081 453-1207 www.uandT.com May 4 , 2017 Cupertino Service Center Facility Survey Page 4 of 4 Exhibit "B" Limit of Survey 16~1 Oakland Road. Suite A.114 '-an J<•se , CA 95131 Phone 140814..:;3-1222 Fax (408) 45.'\-1207 www.uandr.com Client#· 311 UNDERROSE ACQRDrM CERTIFICATE OF LIABILITY INSURANCE I DATE (MM/DD/YYYY) 5/24/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER ~Riji~cT Julie L. Nelson Dealey, Renton & Associates rtJRNJo Ext): 510 465-3090 I r..e~. No): 510 452-2193 P. 0. Box 12675 l;.0MlJ~ss: jnelson@dealeyrenton.com Oakland, CA 94604-2675 INSURER(S) AFFORDING COVERAGE NAIC# 510 465-3090 INSURER A: Sentinel Insurance Co. LTD 11000 INSURED INSURER B: Hartford Accident & Indemnity 22357 Underwood & Rosenblum, Inc. INSURER c: Travelers Property Casualty Co 25674 1630 Oakland Road, Suite A114 INSURER D: Wesco Insurance Co. 25011 San Jose, CA 95131 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR ,:~hJgX,~l POLICY EXP LIMITS LTR INSR WVD POLICY NUMBER IMM/DD/YYYYl A X COMMERCIAL GENERAL LIABILITY 57SBWRl7385 02/11/2017 02/11/2018 EACH OCCURRENCE $1 000 000 f--D CLAIMS-MADE [!] OCCUR f-- ~~~~~~J?E:~~Ju~Pencel $1,000,000 MED EXP (Any one person) $10 000 - PERSONAL & ADV INJURY $1,000,000 - GEN'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 =i [!] PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ B AUTOMOBILE LIABILITY 57UEGZM2396 f-- 02/11/2017 02/11/2018 (E~~~b~~~1i3INGLE LIMIT $1,000,000 X ANYAUTO BODILY INJURY (Per person) $ f--ALL OWNED -SCHEDULED BODILY INJURY (Per accident} $ f--AUTOS -AUTOS X X NON-OWNED PROPERTY DAMAGE $ HIRED AUTOS AUTOS f Per acc"1denn f--f-- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ f-- EXCESS LIAB CLAIMS-MADE AGGREGATE $ DED I I RETENTION$ $ C WORKERS COMPENSATION UB4546T431 02/11/2017 02/11/2016 X I .~~f TIITJ: I 12JH- AND EMPLOYERS' LIABILITY y / N $1,000 000 ANY PROPRIETOR/PARTNER/EXECUTIVE Cm E.L. EACH ACCIDENT OFFICER/MEMBER EXCLUDED? N N/A (Mandatory in NH) E.L. DISEASE -EA EMPLOYEE $1 000 000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 D Professional ARA 111964903 02/11/2017 02/11/2016 $2,000,000 per Claim Liability $4,000,000 Anni Aggr. DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) General Liability Policy excludes claims arising out of the performance of professional services. Re: All operations of the named insured. Waiver of Subrogation applies to the General Liability and Automobile Liability policies. CERTIFICATE HOLDER City of Cupertino Attn: Alex Acenas 10300 Torre Avenue Cupertino, CA 95014 CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE © 1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25 (2014/01) 1 of 1 The ACORD name and logo are registered marks of ACORD #S201881O/M1926121 PA2