13-037 Giuliani and Kull, Inc. Agreement, Partial topographic and boundary surveys at west of Stevens Creek/north of Stevens Creek Blvd. (APN: 326-17-004), 22145 Orchard Court (APN: 326-17-041), and 22168 Orchard Court (APN: 326-17-055) \opmk OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014-3255
�4c.lp. TELEPHONE: (408) 777-3223 • FAX: (408) 777-3366
WEBSITE: www.cupertino.o-g
CUPERTINO
April 9, 2013
Giuliani and Kull, Inc.
4880 Stevens Creek Blvd., Ste. 205
San Jose, CA 95129
Re: Topographic and boundary surveys at west of Stevens Creek/north of Stevens Creek Blvd.
(APN: 326-17-004), 22145 Orchard Court (APN: 326-17-041), and 22168 Orchard Court (APN:
326-17-055)
An original copy of your agreement with the City of Cupertino is enclosed. 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
j AGREEMENT
CITY OF CLPERTINO
10300 Torre Avenue
CUPERTINO Cup ,3C 95014 li SY�
3 1.3C 408-777-ertino200 A NO.
THIS AGREEMENT, made and entered into this „ day of 1.4,0 ch ,2013 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; mhelton@gkengineers.com
Hereinafter "CONSULTANT"), in consideration of their mutual covenants, the parties agree as
follows:
CONSULTANT shall provide or furnish the following specified services and/or materials: Partial
topographic and boundary survey with property line stakes for the slope and property line
located between City of Cupertino owned property west of Stevens Creek and North of Stevens
Creek Boulevard (APN: 326-17-004) and two residential properties 22145 Orchard Court and
22168 Orchard Court (APN: 326-17-041 &326-17-055 respectively).
Check box if services are further described in an Exhibit. X
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: Exhibit A.
TERM: The services and/or materials furnished under this Agreement shall commence on March
22nd 2013 and shall be completed no later than May 22iii1, 2013.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
Lump Sum Not to Exceed $2,900.00
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. Consultant 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 Consultant or Consultant's employees, officers, officials, agents or independent contractors.
Consultant 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.
Page 1 of 3
Short Form Agreement
Subcontracting. Consultant has been retained due to their unique skills and Consultant 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. Consultant may not assign or transfer this Agreement, without prior written consent
of CITY.
Insurance. Consultant shall file with City a Certificate of Insurance consistent with the following
requirements
Coverage:
Consultant 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. Consultant 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, Consultant
shall look solely to its insurance for recovery. Consultant hereby grants to City, on behalf of any
insurer providing comprehensive general and automotive liability insurance to either Consultant
or City with respect to the services of Consultant herein, a waiver of any right to subrogation
which any such insurer of said Consultant may acquire against City by virtue of the payment of
any loss under such insurance.
Page 2 of 3
Short Form Agreement
Termination of Agreement. The City reserves the right to terminate this Agreement with or
without cause with a seven (7)-day notice. The Consultant 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 Consultant. 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, Consultant shall be deemed to be an independent consultant and
Consultant is not authorized to bind the City to any contracts or other obligations in executing this
Agreement. Consultant 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
Consultant performs the services to be performed. Nevertheless, City may, at any time, observe
the manner in which such services are being performed by the consultant.
The Consultant 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
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.
CONSULTANT: 6,u44,474/ 9 !/c-G,. /4c, - CITY OF CUPERTINO:y /
By � / , % , By C "l I-,,,,�•G'�
Title C,/ S4►�c7710 Title: //S.S_G//7i%t e ---x/(-/At-r.
Soc.Sec. #or Tax LD 17 E (( - 57/ ""
APPROVALS EXPENDITURE DISTRIBUTION
I?F.PA T HEAD DAM , AI'COT TNT NI IMRFT2 AMIM INT
v -/I 7I j 110-8101-7014 $2,900.00
CITY A-c KNF.Y AI'PIZ(jVE?I)AS"'O FORM DATI�,
1 + " 3
CITY C ERK: A I' _ DALE /J�
Page 3 of 3
Short Form Agreement
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