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10-014 Giuliani & Kull, Inc, Survey of Property Line at Corner of Byrne and San FernandoAGREEMENT CITY OF CUPERTINO 10300 Torre Avenue Cupertino, CA 95014 408-777-3200 BY THIS AGREEMENT, made and entered into this 10 th day of March , 2010i by and between the CITY OF CUPERTINO (Hereinafter referred to as CITY) and Giuliani & Kull, Inc.; Mark Helton; Address: 4880 Stevens Creek Blvd., Suite 205, San Jose, CA 95129; Phone: 408-615-4000; e-mail: mhelton@qkenqineers.com 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: Survey of Property Line at Corner of Byrne and San Fernando EXHIBITS: The following attached exhibits hereby are made part of this Agreement: N/A TERMS: The services and/or materials furnished under this Agreement shall commence on March 15, 2010 and shall be completed before April 15, 2010. COMPENSATION: For the full performance of this Agreement, CITY shall pay CONTRACTOR: Based on Time and Materials, Not to Exceed$ 5,000.00 without City prior 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 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 o~v · lions of any kind are authorized without the written consent of the City. E. CONTRACT CO-ORDINATOR and representative for CITY shall be: 'NTBJi.BD NAME: Terry Greene 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: 6,/IJ'-IANI A Hllt-L~ Ille. By ~ta.ti~ Title L.../rlJIJ ,S"'t./Jt..,eYtM CITY OF CUPERTINO: By~-- Title: Terry Greene, AIA, City Architect Sec. ~8. #or Tax l.D. 71 .. 019$71£"'