12-097 Giuliani and Kull Inc., legal description and plat for the Public Utility Easement 1.1k;/ OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE•CUPERTINO, CA 95014-3255
�y;
c.19s TELEPHONE: (408) 777-3223• FAX: (408) 777-3366
WEBSITE:www.cupertino.org
CUPERTINO
October 2, 2012
Giuliani and Kull Inc.
Enclosed for your records is a fully executed original copy of the agreement with the City of
Cupertino. If you have any questions, please contact the Public Works Department at (408) 777-
3354.
Sincerely,
a - /
Brittany Morale arey
Acting Senior Office Assistant
City Clerk's Office
Enclosure
cc: Public Works
CITY OF
AGREEMENT
CITY OF CUPERTINO
10300 Torre Avenue
2�� Cupertino, CA 95014 RIP S-78'44—
CUPERTINO V I l 408-777-3200 NO. vvv �a�`y
THIS AGREEMENT, m and entered into this 261 day of Selek.i£cl is by and
between the CITY OF CUPERTINO (Hereinafter"CITY") and Giuliani and Kull, Inc.
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:
A legal description and plat for the Public Utility Easement.
Check box if services are further described in an Exhibit A. X
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Proposal.
TERM: The services and/or materials furnished under this Agreement shall commence on 9/20/12
and shall be completed no later than 10/20/12.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR:
Lump Sum not to exceed $800.00 without city approval
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.
Page 1 of 3
Giuliani and Kull, Inc
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:
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
Page 2 of 3
Giuliani and Kull, Inc
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—(408) 777-704 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.
__ By �
Title 44/i9 5v.R vervA Title: Associate Civil Engineer
Soc. Sec.#or Tax I.D
APPROVALS EXPENDITURE DISTRIBUTION
DEPA- ,TREAD ATE ACCOUNT NUMBER AMOUNT
. r) Z// 110-8101-7014 $800.00
i- ' Y P' :•VEDAS 0 FORM DATE
CIT CLERK: ATT DATE C/�f
I. c�uLLic (1.-1 1 c—1 2
Page 3 of 3
Giuliani and Kull, Inc
EXHIE3IT A
AGREEMENT
PROPOSAL FOR SURVEYING SERVICES
10555 San Leandro 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 of utility structures located at 10555 San
Leandro Avenue, (Lot 41, Las Palmas-Monte Vista Subdivision), in the City of
Cupertino. This work will require the preparation of a legal description and plat for a
Public Utility Easement.
SCOPE OF SERVICES
The following scope of services is offered for the completion of the surveying work
effort:
Task 1 - Legal Description and Plat
Giuliani & Kull, Inc. will prepare a legal description and plat for the Public Utility
Easement. This new easement will be located at the southeast corner of the project
site, and will be 15 feet long, parallel with the street right of way, and 10 feet wide.
10555 San Leandro Avenue
Page 2 of 3 Pages
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) Civil Engineering plans
(d) Boundary surveying, or setting permanent survey monuments
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 - Legal Description and Plat $800.00
TOTAL COST OF SERVICES $800.00
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
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.
10555 San Leandro Avenue
Page 3 of 3 Pages
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
Mark A. Helton, PE, PLS Chad Mosley Date