Loading...
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: Iy By itle //'e / t� Title: .5CNfa. c /AA('? 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 s12-, I Page 3 of 3 (� Short Form Agreement 'A 9c t. l» / At ,. /< , °�"---,�' ? D773 .', / .. c %4-A o � ^,t - i ! 78 X1777). t 0180 �, ip78Et t �. lF ?: `t 111078511 I ,.,1446 :1Q.786 Jjpy • , i - I T' *1 1 s I E �i'79°� ��� 791 = I I ,, I 0792 41" 0 i , iE7E'G `F0 " 0797 I ° _ + I o1�U798} r ' I t + X80° � I *,y1 dr .*# I ll 10804 I i,t,vr''' 111) 1 i 1080P r4 4f. I �� I i 1 (; 10815 � _ ! '' I r 0821 , ___-- y w - • \ I a /' p 14:\., , ,.. :010",... •>v.," =,„ : .t 3 ;F -. k r - F. APRrn'11' tacf7iartr of ro to FRi•1411 c soft/1Y. I'+sf4iu. rem, aUN(H p* A CAt MA # liotC AT UP o F $M*. Q SAN D 1 S PLANNERS ENGINEERS gam$ 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