12-096 Giuliani & Kull, Inc., Property line surveying and preparation of legal description and plat CITY OF
AGREEMENT
CITY OF CUPERTINO
" 10300 Torre Avenue
9r� / Cupertino, CA 95014 NO.
CUPERTINO / 408-777-3200 NO.
THIS AGREEMENT, made and entered into this 17slday of .. 4-e bey-- is by and between the
CITY OF CUPERTINO (Hereinafter "CITY") and
(Hereinafter "CONTRACTOR"), in consideration of their mutual
covenants, the parties agree as follows:
CONTRACTOR shall provide or furnish the following specified services and/or materials: Property line
surveying and preparation of legal description and plat, as described in attached Exhibit A.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A, Scope of
Services and Fee.
TERM: The services and/or materials furnished under this Agreement shall commence on September 17,
2012 and shall be completed no later than October 31, 2012
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump sum in the amount of$2,400.00
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 shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless
the City and its officers, officials, agents, employees and volunteers against any and all liability, claims, stop
notices, actions, causes of action or demands whatsoever from and against any of them, including any
injury to or death of any person or damage to property or other liability of any nature, arising out of,
pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees,
officers, officials, agents or independent contractors. Contractor 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. 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.
Subcontracting. Contractor has been retained due to their unique skills and Contractor may not substitute
another, assign or transfer any rights or obligations under this Agreement. Unless prior written consent
from City is obtained, only those people whose names are listed this Agreement shall be used in the
performance of this Agreement.
Assignment. Contractor may not assign or transfer this Agreement, without prior written consent of CITY.
Insurance. Contractor shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Contractor shall maintain the following insurance coverage:
(1) Workers' Compensation:
Statutory coverage as required by the State of California.
(2) Liability:
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Giuliani & Kull Short-Form Agreement
Commercial general liability coverage in the following minimum limits:
Bodily Injury: $1,000,000 each occurrence
$2,000,000 aggregate-all other
Property Damage: $500,000 each occurrence
$1,000,000 aggregate
If submitted, combined single limit policy with aggregate limits in the amounts of$2,000,000 will be
considered equivalent to the required minimum limits shown above.
(3) Automotive:
Comprehensive automobile liability coverage in the following minimum limits:
Bodily injury: $500,000 each occurrence
Property Damage: $500,000 each occurrence
or
Combined Single Limit: $1,000,000 each occurrence
Subrogation Waiver. Contractor agrees that in the event of loss due to any of the perils for which it has
agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to
its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing
comprehensive general and automotive liability insurance to either Contractor or City with respect to the
services of Contractor herein, a waiver of any right to subrogation which any such insurer of said
Contractor may acquire against City by virtue of the payment of any loss under such insurance.
Termination of Agreement. The City reserves the right to terminate this Agreement with or without cause
with a seven (7)-day notice. The Contractor may terminate this Agreement with or without cause with a
seven (7)-day written notice.
Non-Discrimination. No discrimination shall be made in the employment of persons under this Agreement
because of the race, color, national origin, ancestry, religion, gender or sexual orientation 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. City shall have
no right of control as to the manner Contractor performs the services to be performed. Nevertheless, City
may, at any time, observe the manner in which such services are being performed by the contractor.
The Contractor shall comply with all applicable Federal, State, and local laws and ordinances including, but
not limited to, unemployment insurance benefits, FICA laws, and the City business license ordinance.
Changes. No changes or variations of any kind are authorized without the written consent of the City.
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Giuliani& Kull Short-Form Agreement
/0.0- ler'0,57CP-1—a?
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: David Stillman 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.
CONTRACTOR: �- CITY OF CUPERTINO:
By � _. By �-CY .19/21v►D 471 ice.
Title 4i,ve- G �/,c4::- Title:4rNihr Cim L Gsvw„t.egit,
Soc. Sec.#or Tax I.D
APPROVALS EXPENDITURE DISTRIBUTION
DEPAR T HEAD DATE ACCOUNT NUMBFR AMOUNT
q._,7-II 110-8601-7014 $2,400.00
i.'' •PPROVED AS TO FORM 1 DATE
■ 'An) 41(71911
i6
CITY CLERK: ATTE _. DATE
d e ' -
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Giuliani&Kull Short-Form Agreement
MOLT A
PROPOSAL FOR SURVEYING SERVICES
10010 Bret Avenue
Cupertino, California
CLIENT
Chad Mosley
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
CONSULTANT
Giuliani & Kull, Inc.
This agreement entered into in San Jose, California hereby binds the Client and the
Consultant to the following scope of services and compensation:
PROJECT DESCRIPTION
The proposed project is the installation and/or replacement of fences, along both sides of
the house located at 10010 Bret Avenue, (Lot 1, Tract No. 502), in the City of Cupertino.
In addition, a new sidewalk, along Stevens Creek Boulevard will also be installed, which
will require the preparation of a legal description and plat for a sidewalk easement.
SCOPE OF SERVICES
The following scope of services is offered for the completion of the surveying work effort:
Task 1 - Fence Line (property line) Surveying
Giuliani & Kull, Inc. will provide wooden stakes at the property corners of the subject
property. These stakes will be set either at the property corners, or offset at whatever
distance you prefer to facilitate the installation of the new fence. In addition, stakes will
also be set to delineate the new sidewalk location.
10010 Bret Avenue
Page 2 of 3 Pages
Task 2 - Legal Description and Plat
Giuliani & Kull, Inc. will prepare a legal description and plat for the sidewalk easement.
This new easement will be parallel and/or up 10 66 inches, (5.5 feet), from the existing curb
line.
SERVICES NOT INCLUDED
The following services are specifically not included as part of the consultants work effort
under this contract:
(a) Soils or geotechnical engineering services
(b) Structural engineering services
(c) Landscape plans
(d) Boundary surveying, or setting permanent survey monuments
(e) Topographic Surveying
The above listing is not intended to be exhaustive and shall not be construed to include any
work as offered under this proposal specifically identified in the Scope of Services.
CLIENT PROVIDED DATA
The following data, information and material are to be provided by the client:
(a) Blueprinting and reproduction costs + 15%.
COST OF SERVICES
The professional services described in the Scope of Services are offered for the following
fees:
Task 1 - Fence line Surveying $1,400.00
Task 2 - Legal Description and Plat $1,000.00
TOTAL COST OF SERVICES $2,400.00
TERMS
The services described herein will be provided in accordance with the attached Standard
Provisions of Agreement.
Compensation shall be payable monthly as the work is performed. Invoices shall be
10010 Bret Avenue
Page 3 of 3 Pages
payable within 30 days of the date of invoice. Extra work items, or other additional services
(beyond those described herein)will be provided in accordance with our standard schedule
of hourly rates in effect at the time the work is performed.
If this proposal is acceptable, please sign one copy and initial all six sides of the standard
provisions attached hereto. A returned copy will be our authorization to proceed.
Respectfully Submitted, Accepted,
Giuliani & Kull, Inc. City of Cupertino
�lL� "7,
ark A. Helton, PE, PLS Chad Mosley Date