09-038 Giuliani & Kull, Engineering ServicesCity of ~ ~ ,
Cupertino ~ i~ ~
AGREEMENT
CITY OF C;UPERTINO
10300 Torre Avenue
Cupertino, CA 95014
408-T?7-3200
BY THIS AGREEMEN~'made and entered into on the _ 23'~`~ day of ~'[s~ ~1 j-~ ~ 2 ooi0~
by and bet een the ITY OF CUPERTINO (Hereinafter referred to as CITY) and
Name (1) iUU4~l KVLI.r
2
Address ~ ~ W 7e'Zo City ,~~Tp5~~4~ _Zi S/21 v !S-
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenant s, the parties hereto agree as
follows:
CON RACTOR shat prov' e r fJ~rnish the followings ecifi d servic an /or m~a~ial~~~
EXHIBITS: The following attached exhibits hereby are m~~de part of this Agreement:
TERMS: The services and/or ma erials furnished under this Agreement shall commence on ~+4Q~ 2'3 Z~b~j
and shall be completed before >~U~,US'(- 3 (, 2aa~
COMPENSATION: For the full performance of this A reement, CITY shall pay CONTRACTOR:
~.faT f ~C~D ',~,oQO.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any
and all damage and liability of every nature, including all costs of defending any claim, caused by or arising out of the
performance of this Agreement. City shall not be liable for arts of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurabilit•~ Contractor shall file with City a Certificate of Insurance
before commencing any services under this Agreement. Said Certificate shall be subject to the approval of City's
Director of Administrative Services.
Non-Discrimination. No discrimination shall be made in the employment_of persons under this Agreement because
of the race, color, national origin, ancestry, religion or sex of such person.
Interest of Contractor. It is understood and agreed that thi;> Agreement is not a contract of employment in the sense
that the relation of master and servant exists between City ~~nd undersigned. At all times Contractor shall be deemed
to bean 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.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes
or variations of any kind are authorized without the written I;onsent of the City.
CONTRACT CO-ORDINATOR and representative for CITY' shall be: ~ ERED
NAME L~ D Ti DEPARTMENT L
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 UPERTINO:
By ~~~ By
Title ? Title
'r~frc ID ~.~. # • O
APPROVALS EXPENDITURE DISTRIBUTION
nGnecT. . -~--1
MIVIVUIV I
CITY CLERK COPY
Feb 08 08 05:11p GIULIRNI KULL 408 615 4004
OZ/Ob/200d Oy 3q h 14X gUti f f f 3;i;l;i Li I Y L:Uf'I_N I iNU ~°' 3
I~UU:iJUU;i
Scone of work for tenznorary eneineeriae services from Giu{iani & Kull, Inc.
Engineering plan and map review, project admillsstration, and associated tasks, as
specified by Director of Public Works.
Hourly basis for charges: ~ ~ { O ~Z/ LvC~ ~w ~
~~,rlrM~11 2.5 days per week of Assistant Engineer (RCE) (20 hours @ $~3~8A/ltr ~$2-69Q7 )
wk
0.5 days per week of Senior Engineer/Surveyor (IZCE/PLS) (4hour @ $125/hr =$500/wk)
7ota1 cwt would be $2,500/wk.
Charges will be accrued on actual hours worked.
Contractor:
Giuliani ~ Kull, ]nc.
4880 Stevens Creek Blvd., Suite 205
San Jose, CA 95129
Tel. (408) 615-4000 x 206 (Mark A. Helton)
Fax. (408) 6I5-4004
r.
Glenn Goepfert
From: Mark A. Helton [mhelton@gkengineers.com]
Sent: Tuesday, March 03, 2009 4:20 PM
To: Glenn Goepfert
Subject: RE: Temporary Engineer
Glenn,
Two things I should bring about our providing the temporary engineer for your use for six months:
First, is that I need to charge a bit more for Chad than I did for Vivian.
(He is a salaried employee, with benefits, whereas Vivian had benefits through her husband, and so we just paid her an
hourly rate.)
The hourly rate that we plan on charging your f Chad is $110 an hou , (Vivian was $100 an hour.)
My hourly rate for providing surveying review services ;3 $125 an hour.
I assume that is okay.
If not, let me know.
Second, do you know when this will start?
(You stated it would start in March, but we are now the first week in March, and it has not started yet, so I am wondering when in
March you think this will start.)
In case you're wondering, the reason I am asking is that I need to know how much work to bring in in order to keep Chad busy
until you borrow him for six months.
Thanks for your help in this matter.
Sincerely,
Mark A. Helton, PE,PLS
Giuliani & Kull, Inc.
4880 Stevens Creek Blvd., Suite 205
San Jose, CA 95129
Tel. (408) 615-4000 x206
Fax. (408) 615-4004
From: Glenn Goepfert [mailto:GlennG@cupertino.org]
Sent: Wednesday, February 25, 2009 2:31 PM
To: mhelton@gkengineers.com
Subject: Temporary Engineer
Mark,
Attached is a short description of our wants for a temporary enginE~er.
Thanks.
OFFICE OF THE CITY CLI=RK
CITY HALL
CUPERTINO
April 15, 2009
10300 TORRE AVENUE • ~~UPERTINO, CA 95014-3255
TELEPHONE: (408) 777-3~?23 • FAX: (408) 777-3366
WEBSITE: www.cupertino.~rg
Giuliani & Kull
4880 Stevens Creek Blvd., Suite 205
San Jose, CA 95129
To Whom It May Concern:
Enclosed for your records is a fully executed copy of the agreement with the City of Cupertino. If you
have any questions or need additional information, please contact the Public Works department at (408)
777-3354.
Sincerely,
CITY CLERK'S OFFICE
Enclosure