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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 •° ~ O O N ° o o w o I UJ X o p L ° o o J o 0 a I� 0 ° 0 0 0 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