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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 OFFICE OF COUNTY ASSESSOR SANTA CL:ARA COUNTY, CALIFORNIA P 1 X131? 36 m' ROS 652/17 M1 �� ROS 61716 a9 ; 36 LLA x'9285886 y O 48 37 2 9TH ADDITION w- � MONTA VISTA 1 'ly\g e x'$ 39 S�/ BOOK' ��/ � ��9�02 �y -' � �� %� 30 .r 40 342 49 �` g 38 rf '� 40 ``,'•;; 100' S �b`c x -oz;9.0' 41 PIN 43 R.O.S. 742123 51 IXo ``$ 48 A $- 43 ,d , 41 16 ~� 0.219 AC. 28. v NET PLAN \ PIN 42 52 52A �•, r,, (FRMLY SAN JOSE ROAD ) �" ; 7�C-"" . 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