08-006, Giulani & KullFeb 08LV08 V05~ l lp ~VV GIULIFINI KUt_LT uur~n~.nu 408 615 4004 ~uuz~uus p• 2
A~~REENiENT
CITY OF CUPERTINO
103D0 Torre Avenue 0 3 2 7 2 3
Cupertino, CA 950'14
409.777-320D NO.
BY THIS AGREEMENT, made and entered into this ,Easy of Febru2 2009, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Giulani & Kull, 4880 SYeverta Creak Blvd., Ste. 205, San Jost:,
Ca 85129 (408) 615.4000 -
(Hereinatter referred as CONTRACTOR}, in consideration of their mutual covenants, the parties hereto agree as
follpws.
CONTRACTOR shall provide or furnish the following specified services andlor materials:
Engineering Services Per Attached Scope of Wark
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
TERMS: Ttte services and/or materials furnished under this Agreement shall Commence on February 11.2008
and shalt be completed before /IaV 31,2006 .
COiViPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Hourly Basis as Shown on Scope for Actual Hours WorKed, Nat eo Exceed 525,000.00
Celt-ornia Labor Code. Section 1771 requires the payment of prevailing wagat to all workers ompl0yed on a Aublic Works contract in excess o9
st,ooo.oo.
GEHERAL TERMS AND CONDiTItlPtS
Hold Harmless. Contractor eQrees to save and hold hamllesS the City. its officers. egenl6 and employees from any and all damage and Ilabnlty due
to negligenes, errors end emissions, inclutling all wets of defending any claim, caused by or arising out of (ha porfermance of this Agreement- City
shall not be liable for acts of Contractor in performing services detcrlbed herein,
Insurance. Should the City reQuire evldenCe of insurability, Conlrasior shall file with Clly a Certificate o1 Insurance before Commencing any services
under this Agreement. Sold Cenlflrate shall be subject to the approval of City's Director of Admintctratlvs Services.
Non-Diaerlminatlon. No discrimination shall ba made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry. reltglon or sex of such person.
Interest of CantraCtOr. It la understood and agreed that this Agreement is not a Contract vt employment in the sense that the ralalionahip vt matter
and servant exists between City and under6lgned. At all limos, Cvrtlractor shall be tleemed to ba an ind0pondent contractor end Contractor la not
authorised le bind rho Cily to any Contracts or other obllgatlons M executing this agreement. Contractor Certi68ti that na one who has or win have
any financial interest under Ibis Agreement is en officer or employe el Ctty.
Changes. Thla Agreement shalt net tie a651gned or transferred without the written consent or the City, No cheoges or variations of any kind era
authorized without the written consent of the City.
CONTRACT CO.ORDINATOR and representative 1~or CITY shall be:
NAME: Glenn Goepfert DEPARTMENT: Public Works
This Agreement shall became effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONTRACTOR:
ray / -~ ~ ~l
Title PRo~'t~:7 M~y-ri4-~-~a2. _
APPROVALS
CITY C ERTlNO:
By
Glenn Goepfert, Assistant Director o is Works
EXPENDITURE 018TRIBUTION
0 R A
110.8101-7010
SZ5,000,00
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Feb 08 08 05:11p GIULIRNI KULL 408 615 4004 p.3
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Scope of work for temporary eneineerin services from Giuliani & Kull Inc.
Engineering plan and map review, project administration, and associated tasks, as
specified by Director of Public Works_
Hourly basis for charges:
2.5 days per week of Assistant Engineer (RCE) (ZO hours @ $100/hr = $2,000/wk)
0.5 days per week of Senior Engineer/Surveyor (RCE/PLS) (4hour @ $125/hr =$500/wk)
?Dial cv~t would be $2,500/wk.
Charges will be accrued on actual hours worked.
Contractor:
Giuliani & Kull, inc.
X880 Stevens Creek Blvd., Suite 205
San Jose, CA 95129
Tel. (408) 615-4000 x 206 (Mark A, i-lclton)
Fax. (408) 615-4004