14-065 Giulani and Kull, Inc for topographical survey of the West side of Stevens Creek Canyon Rd. APN 342-19-001 OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE.C:UPERTINO,CA 95014-3255
TELEPHONE:(408)777-3223• FAX: (408)777-3366
C U P E RT I N O W EBSITE:www.cupertino.org
April 25, 2014.
Giuliani and Kull, Inc.
4880 Stevens Creek Blvd., Ste. 205
San Jose, CA 95014
Re: Agreement for Boundary and Topographic Survey at Stevens Canyon Road
Enclosed is an executed copy of the above stated agreement with the City of Cupertino. If
you have any questions or need additional information, please contact the Public Works
Department at (408) 777-3354.
Sincerely,
Kirsten Squarcia
Deputy City Clerk
Enclosure
cc Public Works
CITY OF
AGREEMENT
CITY OF CUI'ERTINO
10300 Tone Avenue
L� S
Cupertino, 20 95014 ��
CUPERTINO ,�
408-777••3200 NO. 9
THIS AGREEMENT, made and entered into this 11,7 day of -44 • 2014 is by and between
the CITY OF CUPERTINO (Hereinafter "CITY") and Giuliani and Kull, Inc.,
4880 Stevens Creek Blvd. Ste 205, San lose, CA 95014• (408) 615-4000; mheltonaakenmineers.coin
(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:
Prepare a,partial boundary and topographic survey of the subject property located on the west
side of Stevens Canyon Road, (identified as APN 342-19-001), in the City of Cupertino. The
extent of the survey will be 50 feet North, and Sleuth of 22605 Ricardo Road.The survey will
show the existing right of way line along Stevens Canyon Road, (on the opposite side of the
road of said 22605 Ricardo Road),as well as the existing edge of pavement and the approximate
edge of the shoulder along this length of roadway. The centerline of Stevens Canyon Road will
be shown as monumented in the field, and as shown upon that certain Record of Survey,which
was filed for record in Book 742 of Maps, at Pages 23-25 in Santa Clara County Records.
Check box if services are further described in an Exhibit. Fx]
EXHIBITS; The following attached exhibits hereby are made part of this Agreement: Exhibit A —
APN Maps showing approximate location of the requested Boundary and Topographic Survey.
TERM: The services and/or materials furnished under this Agreement shall commence on April
10, 2014 and shall be completed no later than I une 15, 2014.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
A lump sum payment of$2,500.00
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
Page 1 of 3
Short Form Agreement
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) Liabili :
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
Page 2 of 3
Short Form Agreement
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.
CONTRACT CO-ORDINATOR and representative for CITY shall be:
NAME: Chad Mosley DEPARTMENT: Public Works Department
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:e/a/ �//1�/ .�Are-.4— hf{c CITY OF CUPERTINO:
By
4W - By
Title I t 7 /l44�q_e_4�2. Title: 5��N�u ��G NC�i�
APPROVALS ]E_XPENDITURE DISTRIBUTION n
DEPART D DATE ACCOUNT NUMBER AMOUNT R,t L
110-8101-7014 fg 7,:;kOo of
CITY ATTORNEY APP ED A O RM ATE
n CITY CLERK: AJIESI DATE �� r
Page 3 of 3
Short Form Agreement
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