07-009, The Guzzardo Partnership, Inc.
AGREEMENT
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CITY OF CUPERTINO
4 10300 Torre Avenue
. / ~ I Cupertino, CA 95014
V,/ (J I 408-777-3200
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BY THIS AGREEMENT, made and entered into this 12Lday of MiV, 2007, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and The Guzzardo Parthnership, Inc., Paul Lettieri, Address 836
Montgomery Street, San Francisco, CA 94133, Phone: 415-433-4672 x 14, e-mail: plettieri@tgp-inc.com
(Hereinafter referred as CONTRACTOR), in consideration of their mutual covenants, the parties hereto agree as
follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials:
Develop and Prepare Concept Sketches and Budget for the Quinlan Fountain Replacement
NO.tWS-~4<:f-/
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit "A" Hourly Rate Sheet
TERMS: The services and/or materials furnished under this Agreement shall commence on February 1, 2007
and shall be completed before March 15,2007.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Based on T&M with a maximum not to exceed of $20,000.00 without written authorization;
Califomia 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. 1J
GENERAL TERMS AND CONDITIONS ENTERED
Hold Harmless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and a amage and liability due
to negligence, errors and omissions, 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 of Contractor in performing services described herein.
Insurance. Should the City require evidence of insurability, 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 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 W. Greene, AlA
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.
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APPROVALS
TME EAD
CITY OF CUPERTINO:
BY~
Terry W. Greene, AlA, City Architect
EXPENDITURE DISTRIBUTION
420.9237.9300
$20,000.00
EXHIBIT A
Below are our hourly rates and usual handling of reimbursable
expenses.
Consultant bills will be submitted and due monthly on an hourly basis. Our services will
be billed at the hourly rates listed below:
Principals $120.00 per hour
Associate Principals $110.00 per hour
Senior Associates $100.00 per hour
Associates $90.00 per hour
Senior Staff $80.00 per hour
Staff $70.00 per hour
The fees and hourly rates include all telephone and other expenses generally incurred in
services of the type described above. Printing, special renderings, presentation models,
travel (40~ per mile) and other extra services required by Owner will be charged at
Consultant cost as a reimbursable expense. The hourly rates for extra work will be
subject to revision in accord with Consultant's current cost of living index on the annual
anniversary of the date of this Agreement. Consultant shall, as a condition for payment,
submit reimbursement/billing requests including back-up documentation to substantiate
incurred reimbursable expenses.
Paul T. Lettieri, ASLA
Principal
The Guzzardo Partnership, Inc.
Landscape Architects Land Planners
836 Montgomery Street
San Francisco, California 94133
P. 415.433.4672 x14
F. 415.433.5003
W. www.tgp-inc.com