Loading...
11-135 Hulberg & Associates, Appraisal of the Pruneridge Ave Right of Way between Wolfe Rd and Tantau Avenue / OFFICE OF THE CITY CLERK CITY HALL 10300 TORRE AVENUE • CUPERTINO, CA 95014-3255 4, 9,t TELEPHONE: (408)777-3223• FAX: (408) 777-3366 WEBSITE: www.cupertino.or3 CUPERTINO May 1, 2012 Hulberg & Associates, Inc Attn: Walt Carney One Almaden Blvd. Suite 700 San Jose, CA 95113-2214 Re: Agreement Amendment, Pruneridge Right of Way between Wolfe Road and Tantau Avenue A copy of your agreement with the City of Cupertino is enclosed. If you have any questions or need additional information, please contact the Public Works department at (408) 777-3354. Sincerely, Kirsten Squarcia City Clerk's Office Enclosure cc: Public Works CITY OF �/ AGREEMENT AMENDMENT CITY OF CUPERTINO 10300 Torre Avenue 441.f°Jr Cupertino, CA 95014 CUPERTINO 408-777-3200 NO. 00057523 With this amendment, CONSULTANT shall provide or furnish the following specified services and/or materials: Conference and consultation regarding the completed appraisal of the Pruneridge Avenue Right of Way between Wolfe Road and Tantau Avenue EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None TERMS: All terms and conditions of the original agreement between the City of Cupertino and Hulberg Associates dated December 15'h, 2011 shall apply. The services and/or materials furnished under this Amended Agreement shall be completed before June 1, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: Not to Exceed $4,000 on a time and material basis. The hourly rate for Walt Carney shall be $400/hr. This Amendment to the original agreement date December 15'h, 2011 shall become effective upon its execution by CITY, in witness thereof, the parties have executed this Agreement the day and year first written above. CONSU T• CITY OF CUPERTINO: di- By t/ir*Er r By Name: t • S rYl(C. 4kI Timm Borden, Director of Public Works Title et ; 2l1/'c `ai..Y� '.L APPROVALS EXPENDITURE DISTRIBUTION rrEP HEAD DAT' _ACCOUNT NUMBER AMOUNT C.--� �- 9/i 7// .. 428-9449-9300 $6,500.00$ CIT LERKk✓t4\4 J' ( A j Non-Design Professional Agreement CITY OF :,.. /: AGREEMENT • f CITY OF CUPERTINO 10300 Torre Avenue r��ro Cupertino, CA 95014 OM S-7-(2 CUPERTINO ✓ J ,� 408-777-3200 NO. (/��-d ��� BY THIS AGREEMENT, m..s and entered into this 15th day of December, 2011 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) arid Hu!/erg & Associates Inc.; Walt Carney Address.' One Almaden Blvd., Suite 700, San Jose, CA 95113-2214 Phone: 408-279-152; e-mail; ffurliPlrlberjr.corn (Hereinafter referred as CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as follows: CONSULTANT shall provide or furnish the following specified services and/or materials: An Appraisal of the Pruneridge Avenue Right of Way between Wolfe Road and Tantau Avenue EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None TERMS: The services and/or materials furnished under this Agreement shall be completed before January 13th, 2092, COMPENSATION: For the full performance of this Agreem•?.nt, CITY shall pay CONSULTANT: Not to Exceed $6,500 on a Lump Sum basis 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.A. Claims for Professional Liability,Where the law establisha:: a standard of care for Consultant's professional services,and to the extent the Consultant breathes or(ails to meet such established standard of care,or Is allegec to have breached or failed to meet such standard of care,Consultant shall,to the fullest extent allowed by law,with respect to all services performed In connection will)the Agreement,indemnify,defend,and hold harmless the City arid Its officers, officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or demands whatsoever against any of them,including any injury to or death or any person or damage to property or other liability of any nature,that arise out of,pertain lo,or relate to the negligence,recklessness,or wilful misconduct of Consultant or Consultant's employees,officers,officials,agents or Independent contractors. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice,expert fees and alt other costs and fees of litigatior. 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. B.Claims for Other Liability.Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement Indemnify, defend,and hold harmless the City and Its officers,officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature,that arise out of,pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees,officers,officials,agents or independent contractors.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. Insurance. Should the City require evidence of Insurability,Consultant shall file with City a Certificate of Insurance before commencing any services under this Agreement. Said Certificate shell 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 Consultant. It is understood and agreed that this Agreement is not a cor tract 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 any 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. Changes. This Agreement shall not be assigned or transferred without the written cc nsent 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: 1/411" ENTEI1ED Timm Borden, Director of 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. CONSULT : CITY OF CUPERTINO: 1 / 9 By C. 1;%I/lrta By Name; fi' A��! d Timm Borden, Director of Public Works Title r1q ���A`�`� �- Soc.Sec.#or Tax t.D 7 !'l/(,v`t.m APPROVALS ( EXPENDITURE DISTRIBUTION I PftR w EAD 451AT °`T, 1 I .128-•• •'-9300 j $6,500100$ 1 /�[�]]///��J CI �� 1C // 414 f=�/l/1A Non-0esl9p Przfots■nel hrysemeol CITY OF "' AGREEMENT CITY OF CUPERTINO 10300 Tore Avenue E T q�� Cupertino, CA 95014 CUPERTINO / 408-777-3200 NO. BY THIS AGREEMENT, m-•- and entered into this 15th day of December, 2011 , by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Hulberg & Associates Inc.; Walt Carney Address: One Almaden Blvd., Suite 700, San Jose, CA 95113-2214 Phone: 408-279-152; e-mail: walt(a?hulbeyg.conf (Hereinafter referred as CONSULTANT), in consideratior of their mutual covenants, the parties hereto agree as follows: CONSULTANT shall provide or furnish the following specified services and/or materials: An Appraisal of the Pruneridge Avenue Right of Way between Wolfe Road and Tantau Avenue EXHIBITS: The following attached exhibits hereby are made part of this Agreement: None TERMS: The services and/or materials furnished under this Agreement shall be completed before January 13th, 2012. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT: Not to Exceed $6,500 on a Lump Sum basis 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.A. Claims for Professional Liability.Where the law establishes a standard of care for Consultant's professional services, and to the extent the Consultant breaches or fails to meet such established standard of care,or is alleged to have breached or failed to meet such standard of care,Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection v'itn the Agreement,indemnify, defend,and hold harmless the City and its officers, officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature,that arise out of,pertain to,or relate to the negligence,recklessness,or willful misconduct of Consultant or Consultant's employees,officers,officials,agents or independent contractors. 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. 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. B.Claims for Other Liability.Consultant shall,to the fullest extent allowed by law,with respect to all services performed in connection with the Agreement indemnify, defend,and hold harmless the City and Its officers,officials,agents,employees and volunteers from and against any and all liability,claims,actions,causes of action or demands whatsoever against any of them,including any injury to or death of any person or damage to property or other liability of any nature,that arise out of,pertain to, or relate to the performance of this Agreement by Consultant or Consultant's employees,officers,officials,agents or independent contractors.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. Insurance. Should the City require evidence of Insurability,Consultant 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 person under this Agreement because of the race,color,national origin,ancestry,religion or sex 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 any 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. 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: ENTERED Timm Borden, Director of Public Works j� 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. CONSULT : CITY OF CUPERTINO: By i"...,/I �'.144 By Name: A "JIM Timm Borden, Director of Public Works Title rlgt�la� ��,{ �- Soc. Sec.#or Tax I.D 7 t"Vrt.L1'L APPROVALS EXPENDITURE DISTRIBUTION EAD DAT F L ACCOUNT BFR AMOUNT • 1 /S`� 428- -9300 $6,500.00$ CIT • h 4AAT _gym J7(J //9//i, NomDesgn Prulesslone&Agreement / �/ OFFICE OF THE CITY CLERK • CITY HALL 10300 TORRE AVENUE•CUPERTINO, CA 95014-3255 S:c `.►9. TELEPHONE: (408)777-3223• FAX: (408) 777-3366 4, WEBSITE: www.curertino.org CUPERTINO December 20, 2011 Hulberg & Associates, Inc. One Almaden Blvd., Suite 700 San Jose, CA 95113-2214 Attn: Walt Carney Re: Agreement, Pruneridge Avenue Right of Way between Wolfe Road and Tantau Ave. 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, Kirsten Squarcia City Clerk's Office Enclosure cc: Public Works