03-037 Wulfsberg Reese Colvig & Firstman (2)AGREEMENT
/ ~ CITY OF CIJPERTINO
10300 Torre Avenue
~ y Cupertino, CA 95014
(408) 777-3200
BY THIS AGREEMENT, made and entered into on the 8th
by and between the CITY OF CUPERTINO (Hereinafter referred to ~.s CITY) and
Name (1) Wulfsberg Reese Colvig & Firstman _ (2)
Address 300 Lakeside Dr. , 24th Floor City Oak:Land, CA Zip 94612 Phone (510) 835-9100
(Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Consultation services for Mary AvE~nue Bicycle Footbridge
EXHIBITS: The following attached exhibits hereby are made part of !:his Agreement:
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on April $ , 2003
and shall be completed before September 1, 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $25, 000
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 agrees to save and hold harmless the City, its officers, agents and employees from any and all damage and
liability including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liab for acts of Contractor in performing services described herein.
due to ssj~ negligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r 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 this Ag~eement 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.
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 consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Terry Greene DEPARTMENT Public Works
This Agreement shall become effective upon its execution by I:,ITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRAC R: j CITY OF CUPERTINO:
By _ L E~y
Title Title Senior Architect
Soc. Sec. # Tax IDi'~ 94-1710574
APPROVALS ,~ /~ ; ,,,~'` ,~/ , ~ ,~ --~ EiXPENDITURE DISTRIBUTION
DE TM EAD A i ~ ACCOUNT NUMBER AMOUNT
of to excee
CI CLERK ~ rl~ D TE _ 270-9449-9300
No~J ~~t~
day of April , 20 03 ,
White: City Clerk Green: Finance Yellow: Contractor Pink: Reding / ~ Gold: Department
AGREEMENT Nom-~.~~~~
-' w
~~~ .r: CITY OF CIJPERTINO '
,_ .
~~ 10300 Torre Avenue
CITY OF r ,~~ Cupertino, CA 95014
(408) 777-3200
~~PE~TIN
BY THIS AGREEMENT, made and entered into on the 1st day of April , 20 03 ,
by and between the CITY OF CUPERTINO (Hereinafter referred to a.s CITY) and
Name (1) Wulfsberg Reese Colvig & Firstman _ (2)
Address 300 Lakeside Dr., 24th Floor City Oakland, CA Zip 94612 Phone (510) 835-9100
(Hereinafter referred as CONTRACTOR), in consideration of their mratual covenants, the parties hereto agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Preparation of standard form construction manual and construction law advise
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A-Letter dated 3/19/03
TERMS: The services and/or materials furnished under this AgreemE~nt shall commence on April 1, 2003
and shall be completed before September 1, 2003
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Amount not to exceed $25 , 000
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 agrees to save and hold harmless the Ciiy, its officers, agents and employees from any and all damage and
liability, including all costs of defending any claim, caused by or arising out of the performance of this Agreement. City shall not
be liable for acts ~f ~~nt~tor in performing services described herein.
due toYnegligence, errors and omissions
Insurance: Should the City require evidence of insurability, Contract~~r 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 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.
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 consent of the City.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME Terry Greene
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.
CONTRAC CITY OF CUPERTINO:
By ~ ~ ~' ~ Ely
Title ~~ Title Senior Architect
Soc. Sec. # Ts+ x / 7J 95< - i 7~ ~~ 75~
APPROVALS ~, _ J EXPENDITURE DISTRIBUTION ~~~~~C3
DEPA AD TE ACCOUNT NUMBER AMOU
~ ~. - -
CITY K ATE 425-9313-9300 ($ 3
000)
,
White: City Clerk 0 Green: Finance Yellow: Contractor Pink: Receiving Gold: Department
H. JAMES WULFSBERG
CHARLES W. REESE
TIMOTHY A. COLVIG
ERIC J. FIRSTMAN
GREGORY R. AKER
MARK A. STUMP
DAVID A. ROSENTHAL
TERRI ANN KIM
STEPHEN L. CALI
WILLIAM L. DARBY
KRIS A. COX
MICHAEL W. BARNES
ROBYN D. ROBERTS
JEFFREY R. WARD
GILLIAN G. M. SMALL
DEIRDRE JOAN COX
PHILIPPE A. TOU DIC
DAVID DARROCH
DAVID J. HYN DMAN
KAREN L. MOORE
ANTHONY J. LEBE
CAMILLE C. LOGAN
LAW OFFICES
WTJLFSBERG I~EESE
COLVIG 8c F'I73STMAN
PROFESSIONAL CORI~O RATION
KAISER CENT.R
300 LAKESIDE DRIVE, ~?4TH FLOOR
OAKLAND, CALIFORNIA 94612-3524
TELEPHONE (510) 835-9100
FACSIMILE
(510) 451-21i0
(510) 451-25;'5
www.wulfslew.c~m
March 19, 2003
PRNILEGED AND CONFIDENTIAL
yr e LT c, MAII•.
Charles Killian
City Attorney
City of Cupertino
10320 South De Anza Boulevard
Cupertino, California 95104
Re: Legal Services Agreement
Dear Charles:
FILE NUMBER
9904-304
Thank you for returning to us a fully executed of LEGAL SERVICES AGREEMENT.
We enclose for your record a copy of the LEGAL S>=;RVICES AGREEMENT, signed by this
office, for your records.
Consistent with the LEGAL SERVICES AGREEMENT, this letter will confirm to you
our first work task for the City, consisting of the preparation of a standard form construction
manual, and related construction law advise, in connection with the City's New Library Project.
We request budget authorization as follows;
Up to $5,000 to prepare draft template co~istruction documents, and implement initial
revisions;
An additional $5,000 to $10,000 to work with staff on project specific contracting
issues that may arise following our initial revisions to the template that we have
supplied; and
~ An additional $5,000 to $10,000 for any contracting issues that may arise in
connection with the bidding of the project.
Thus, at this time, we request a total budget authority of $15,000 to $25,000.
9904-304\2069557.1
Charles Killian
March 19, 2003
Page 2
We trust this letter and our supplied contract manual constitute a sufficient scope
description for our initial work efforts. We look forward to working with the City. Should you
have any questions or comments please feel free to telf:phone me.
Yours very truly,
WULFS1=tERG REESE COLVIG & FIRSTMAN
PROFE ,SIGNAL CORPORATION
ERIC J. I~ IRSTMAN
EJF: mjm
Enclosure
9904-3042069557.1