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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~ By ~ By ~~ ~~~ Title /~/c_~T' /i'!q//~~R Title ~EN~J,? Ci~~~ ~~~„K,E;-~n Soc. Sec. # or Tax I.D. ~ APP OVALS EXPENDITURE DISTRIBUTION A MENT EAD ~ ~a' 2- DATE _ ~ ' _ 2 ( r ~~ 270-9454-9300 a15,000 TY K DATE _ a~ ~~ ~ j~ 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