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HomeMy WebLinkAboutC2R Engineering, Inc. 'I AGREEMENT THIS AGREEMENT is made and entered into on the 20th day of February, 2018 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")and C2R Engineering, Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Perform three open-cut point repairs at GMH1030-GMH1031 and GMH1064-GMH1061 per the emergency repair proposal from CONTRACTOR 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated January 29, 2018 3. TERMS. The services and/or materials furnished under this Agreement shall commence 02/20/18 and shall be completed by 02/27/2018, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed nineteen thousand nine hundred eighty dollars and zero cents($19,980.00)within thirty(30)days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills Page 1 of 4 short form Updated 4mn0 410 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or"but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 4r c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. 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 TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Altos Hills Page 3 of 4 Shod form Updated 4/23/10 b We h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: CONTRACTOR: Allen Chen Public Works Director Town of Los Altos Hills By: - - f 2/201/?, 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 /� T�Cvrr l'i nx &WANT Print name, Title TOWN OF LOS ALTO`�\\\HILLS: By: �--O-ar.t� V ; 21)\/LO1�. Carl Cahill, City Mana er ate Town of Los Altos Hills Page 4 of 4 Short faun Updated O/23/10 RESOLUTION 12-18 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS AUTHORIZING THE CITY MANAGER TO ENTER INTO A NECESSARY AGREEMENT FOR SEWER EMERGENCY REPAIRS AT PAGE MILL ROAD WHEREAS, The Town owns, manages, operate, and maintains a wastewater collection system; and WHEREAS, during routine maintenance activities in December 2017, three NASSCO Grade 5 structural defects were discovered and warranted for emergency repairs after staffs review; and WHEREAS, the lowest of three emergency repair proposals received was in the amount of $19,980; and NOW, THEREFORE, BE IT RESOLVED by the City Council of the Town of Los Altos Hills that the City Manager is hereby authorized to enter into the necessary agreement for sewer emergency repairs at Page Mill Road in an amount not to exceed$25,000.00. The above and foregoing Resolution was passed and adopted by the City Council of the Town of Los Altos Hills at a regular meeting held on 15th day of February, 2018 by the following vote: AYES: Radford, Spreen, Corrigan, Waldeck, Wu NOES: None ABSTAIN: None ABSENT: None BY: l�ry 0‘101-4, ohn Radford, Mayor ATTEST: Deborah Padovan, City Clerk Resolution 12-I8 Page I V S cn ENGINEERING C2R Engineering Inc. Estimate License # 994397 PO Box 1017 Mountain View CA 94043 DATE:JAN 29Th,2018 TO: FOR: Jen Chen Repair and replacement of 3 sewer segments as discussed Town of Los Altos Hills 26379 W Fremont Rd, on 1/29/18 during a field meeting. Los Altos Hills CA DESCRIPTION A. Mobilize equipment. B. Excavate and open cut trench section to be repaired up to 12'deep at MH GMH1061 C. Install shoring. D. Break into existing MH and tie-in new pipeline segment. E. Install new section of 6"5DR26 PVC pipe approx.4' long. F. Expose MH GMH1031 G. Grout around newly installed pipe. H. Excavate,install shoring and repair broken pipe at 38'-40'and at 78'-83(lateral connection)downstream of MH GMH1030. I. Place rock around pipe per City of Los Altos specifications. J. Backfill and compact trenches. K. Demobilize. Alternates: � �� �r 1:Remove steps in MH GMH1064-$1250 2:Raise MH GMH1031 and GMH 1030 to grade-$2,500 Exclusions: Permits. Quote $19,980.00 P.O.Bos_ 1017 MVLicense# 994197 INSTo: CONTRACTOR From: Town of Los Altos Hills Re: Agreement Transmittal Memo Enclosed, please find the following documents: AGREEMENT— If you require a fully executed, signed original of the Agreement for your records, please photocopy the Agreement prior to signing the enclosed document. Return both originals with your signature to the Town and a fully executed Agreement will be returned. IRS FORM W-9 — Request for Taxpayer Identification Number (TIN) and Certification. This form is required for all vendors of the Town and it is important that you provide the Town with the correct TIN. If your company is a: Sole Proprietorship - The taxpayer identification number must be the social security number of the sole proprietor. -OR- Partnerships or Corporations — The taxpayer identification number must be the employer identification number issued to the partnership or corporation. Once all documents have been completed, please return the signed Agreement(s) and IRS Form W-9 to the following address: Town of Los Altos Hills Contracts 26379 Fremont Road Los Altos Hills, CA 94022 V INS Form W-9 Request for Taxpayer Give Form to the (Rev.December 2014) Identification Number and Certification requester.Do not Department of to Treasury send to the IRS Internal Revenue Service 1 Name(as shown on your income tax return).Name is requied on tuts line;do not leave this line bb*. C2R ENGINEERING,INC. 2 Business nen/disregarded entity name,IF different from above a 3 Check appropriate box for federal tax classification;check only one of the fobw ig seven boxes; 4 Exemptions(codes apply only to certain ent0 Individual/sole propdelor or O C Corporation 1:1 s capon's.. ❑ partnership 0 Trust/estate „s s on pag'rbivknws:sena ng single-member LW Exempt payee cold(if any( TTSII 0 Limited liability company.Enter the tax classification(C=0 corporation,5-5 corporation,P=fprtnership) 02 Note.For a single-member LW that Is disregarded.do not check LLC;check the appropriate box in the line above for Exemption from FATCA repotting «d the tax classficatwl of the smote-member owner. code fd any) E- ❑Ohe'(see instructional F Rin etwwe„ww..wawwwew ant E 5 Address(number,sheet,end apt.or suite no-) Requester's name and MMen(optional) I660 W1LLOWGATE ST. 8 Oty,state.and ZIP code MOUNTAIN VIEW,CA,90043 1 List account number(s)here(optional) Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Sidi security number backup withholding.For individuals,this Is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other - - entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN on page 3. Of Note.If the account is in more than one name,see the instructions for line 1 and the chart on page 4 for [Efl layer Identification number guidelines on whose number to enter. 0 7 - 1 9 4 6 5 9 6 limn Certification Under penalties of perjury,I Certify that: 1. The nurnber shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3. I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA codes)entered on this farm(if an indicating that I am exempt from FATCA reporting is correct. CertMpation instructions.You must cross out item 2 above if you have been notified by the IRS that you am currently subject to backup withholding because you have failed to report all interest and dividends on your tax return.For real estate transactions,Item 2 does not apply.For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an indvIuel retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TN.See the instructions on page 3. Here Date la .2. RO16 General Instructions •Form 1099(home mortgage interest),1096-E(student loan Interest),1099-T (tldwm Section references we to the!Memel Revenue Code unless°Meese noted. •Form 1099-c(canceled debt) Future developments.Information about developments afectit Form W-9(such •Form 1099-A(acquisition or abandonment of secje pope.[)) as legislation enacted after we release it)is at wwwars.gov/yw9. Use Form W-9 only If you are a U.S.person(including a resident alien),to Purpose of Form Provide your correct TN. An individual or entity(Form W-9 requester)who is required to filesenlnfomplien I/yau do notretm Fpm W-9 to to requester with a TIN,you might be subject return with the IRS must obtain your correct taxpayer identificatr number(TIN) to backup a+tholoa g.See Whelks backup witMaMng?on page 2. which may be your social security number(SSN).individual ta*pn identification By signing to filled-out form,you: cumbident'fi el hon number(FIN).m.adoption taxpayer report onfiantinforatm return the mon number(AIN). oi t paid to 1.Certify teat Me TN you,or other amount reportable on an information return.Examp6 of information to be iertedt. you are giving s correct(or you are waiting tor a umber returns insole,but we not limited to,the following: 2.Certify that you are not subject to backup withholding.or •Form 1099-NT(interest earned or paid) 3.Claim exemption from backup withholding R you arca U.S.exempt payee.If •Porto 1009-nut(dividends,including those tan stock5mmm NMs) applicable,you am also certifying that as a U.S.person,your allocable share of •Form 1099-MISC(venous types of income.Wizes.ends,Oras proceeds) withholding ttaxpartnershixon foreign partners'share of eor boffeectvely ness isnot cectted int come,and •Form 1099-B(stock or mutual fund sales and certain other oanrctons by 4.Certify that FATCA cadets)entered on this form Of any)indicating that you am brokers) exempt from the FATCA reporting,is correct.See What is FATCA,e rOng2on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transaction) Cat.No-10231X Form W-9(Rev.12-2014)