08-077 Giuliani & Kull, Inc.AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
~ ~, ~~ Cupertino, CA 95014
408-777-3200 NO ~~~~~~
B THIS AGREEMENT, made and entered into this 17~" day of July, 2008, by and between the CITY OF CUPERTINO
(Hereinafter referred to as CITY) and Giuliani 8 Kull, Inc., 4880 Stevens Creek Boulevard, Suite 205, San Jose,
CA, 95129, (408) 615-4000 (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: Topographic survey, sound
wall plans and cost estimate, and construction staking.
EXHIBITS: The following attached exhibits hereby are made part of this Agreement:
Exhibit A, Scope of Services
TERMS: The services and/or materials furnished under this Agreement shall commence on July 17, 2008
and shall be completed before December 31, 2008.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Lump sum not to
exceed $15,000.
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 Hartnless. Contractor agrees to save and hold harmless the City, its officers, agents and employees from any and all damage 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: 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: ~J 1,L ~j,R,~j~
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1
EXHIBIT A
AGREEMENT
PROPOSAL FOR SURVEYING SERVICES
7648 Elderwood Court
Cupertino, California
CLIENT
David Stillman
City of Cupertino
10300 Torre Avenue
San Jose, CA 95014
CONSULTANT
Giuliani & Kull, Inc.
4880 Stevens Creek Blvd., Suite 205
San Jose, California 95129
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 replacement of an existing fence with a CalTrans standard
soundwall, located in the CalTrans Highway 85 Right-of-Way behind the house located at
7648 Elderwood Court, (Lot 19, Tract No. 5835), in the City of Cupertino.
SCOPE OF SERVICES
The following scope of services is offered for the completion of the surveying work effort:
Task 1- Partial Topographic Survey
Giuliani & Kull, Inc. will prepare a partial topographic survey of that portion of the CalTrans
Right-of-Way behind the subject parcel. This survey will include surveying the location of
the end of the existing soundwall, as well as the existing wooden fence that is to be
replaced with a new sound wall. The completed survey will include all features such as
sound walls, visible utilities, heritage trees and fences, as well as the property line of
project site, which is coincident with the CalTrans Right-of-Way. In addition, we intend to
do a quick survey of the area befinreen the new sound wall and Highway 85, as this area
EXHIBIT A 7648 Elderwood Court
Page 2 of 3 Pages
line of project site, which is coincident with the CalTrans Right-of-Way. In addition, we
intend to do a quick survey of the area between the new sound wall and Highway 85, as
this area will be used as a staging area for the construction of the sound wall. We will
also plot the locations of existing utilities based upon record documents available at the
City. This survey will be prepared in AutoCAD format. This survey will be tied to the
City of Cupertino Benchmark circuit.
Task 2- Sound Wall Installation Plan
Giuliani & Kull, Inc. will prepare a plan and profile for the proposed sound wall
installation behind the subject property. In addition, the plan will show the details for
said soundwall, taken from the original CalTrans plans for Highway 85. We will also
prepare a staging plan, which will show the contractor that area which they can utilize
for their mobilization for the project (which will be in the Highway 85 Right-of-Way), as
well as a temporary signing plan, for Highway 85 (as the contractor's truck traffic will
need to ingress and egress onto the highway). An engineer's estimate of the work will
be prepared.
As a part of this task item, Giuliani & Kull, Inc. will coordinate our work with the local
CalTrans Permit office, from the start of the project up to, and including, pulling the
permit.
Note: It is assumed that since the details for the soundwall are being taken from the
original CalTrans plans for Highway 85, that there is no need for either a structural
engineer or a soils engineer. If this assumption is incorrect, then the cost for obtaining
the services for said engineering work will be borne by the City of Cupertino.
Task 3 - Construction Stakinq
Giuliani & Kull, Inc. will provide wooden stakes for the construction of the sound wall. In
addition, a second site visit will be made to determine that it has been installed as per
the plans.
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) Surveying of the CalTrans control monuments in Highway 85
The above listing is not intended to be exhaustive and shall not be construed to include