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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 I CITY OF CUPERTINO 10300 Torre Avenue ryZ Cupertino, CA 95014 p � C U P E RT I N . /� �f ��� . 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 f �° �/� / DATE /�p� V� �J 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