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Home My WebLink AboutC2R Engineering, Inc. (4)AGREEMENT THIS AGREEMENT is made and entered into on the 30`x., day of June, 2020 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: Central Pathway Improvements including: - Mobilize/Demobilize equipment - Grade and install (13) 3' water bars of 6" pressure -treated posts with (2) 3/4" steel stakes - Grade and install (3) 8' water bars of 6" pressure -treated posts with (3) 3/4" steel stakes - Install (13) round pressure -treated posts per Standard Detail 20. Use wet -mixed concrete for posts. - Install 1/4" coated steel wire rope at a height of 26" and 38" tall. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated June 25, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence July 1, 2020 and shall be completed by July 10, 2020, 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 Eight thousand two hundred dollars and zero cents ($8,200.00) 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 4/23/10 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: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. 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 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 Short form Updated 4/23/10 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: Nichol Bowersox Public Works Director — 6/29/20 Town of Los Altos Hills By: 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 Trevor Connolly, President Print name, Title TOWN OF LOS ALTOS HILLS: By: 2C ' " Z.0 420 Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 Form _9 Request for Taxpayer (Rev. October 2007) Identification Number and Certification Depamnerit of the Treasury Internal Revenue tUiviro Name (eke shown on your income tax return) C2R Engineering, Inc Business name, If different from above Give form to the requester. Do not send to the IRS. Check appropriate box: ❑ Individual/Sole proprietor I Corporation D Partnership ' Exempt [I Limited liability company. Enter the tax claseiffication (D=dIsregarded entity, C=corporatlon, P=pertnership) payeeJP L] Other (see instruction&) 1* address (optlonal]i Address (number, street, and apt. or suite no.) Requester's �R,.! u ter;;n a and 100 Mountain View Ave City, state, and ZIP code Los Altos CA 94124 List account number(s) here (optionaD Town OU LOS AROS HIIIS 26379 Fremont Road Los Altos Hills, CA 94022 Enter Your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid security number backup withholding. For individuals, this IS Your social security number (SSN). However, for a resident fI 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 Now to got a TIN on page 3. or Note. It the account is in more than one name, see the chart on page 4 for guidelines on whose Employer idenfification number number to enter. 47 1946596 L • Certification --- ----- -- ... .... Under penalties of perjury, I certify that: 1. The number shown on this form is rny correct taxpayer identification number (or I am Waiting for a I-11.1mber to be issued to me), and 2. 1 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 OS a TGSLIR 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. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions, You Must Cross Out item 2 above if you have been notified by the IRS that you are 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 individual 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 TIN. See the instructions on page 4. Sigh Here Signature of U.S. person ► -Dat. ► 6/2/2020 General Instructions Definition of a U.S. person. For federal tax purposes, you are Section references are to the Internal Revenue Code unless considered a U.S. person if you are: otherwise noted. ♦ An individual who is a U.S. citizen or U.S. resident align, Purpose of Form • A partnership, corporation, company, or association created or organized In the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain Your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or to report, for example, income paid to you, real estate • A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701-7). abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a Use Form W-9 only if you are a U.S. person (including a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, In certain cases where a Form W-9 requesting it (the requester) and, when applicable. to � has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner Is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S status and avoid withholding on your share of partnership exempt payee. If applicable, You are also certifying that as a income. U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on The person who gives Form W-9 to the partnership for foreign partners' share of effectively connected income. purposes of establishing its U.S. status and avolding withholding on its allocable share of not Income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States Is In the request Your TIN, you must use the requester's form if it is following cases - Substantially similar to this Form W-9. ♦ The U.S. owner of a disregarded entity and not the entity, Cat, No. 10231X Form W-9 (Rev 10-2007) ---w —' ENGINEERING C2R Engineering Inc Uc#994397 POBox 1O17 Mountain View CA 94043 Phone: (415) 559-2841 TO: Nicho|Bowomox Town nfLos Altos Hills 26379Fremont Road, Los Altos Hills, CA94022 DATE: JUNE 25 TH 2020 FOR: Modifications of dirt path at Central Dr, DESCRIPTION * Mobilize equipment * Grade and install 13x3'water bars for mini steps * Grade and install 3xD'water bars * Install 13posts per Standard Detail 20 * Install X" coated steel wire nope * Demobilize Estimate 0 P.O.Box: 1017 Mountain View, CA 94042 Licenself 994397 ^O i - C„I L � L L 4-i U 3 M rabora �i M Y t w c � +-J O N N 0 Q C: C C L M a) c Q 0 a N O -+ c � (0 O t U m E4- 7 1? O UA C: N Cc C m E 4- C N N v v N f0 Y 0 3 zrho 4-1 v Q) L 0 E t- o o 4- 0 N N _0 ...0 L N cu ai V) Q� N 0 i -J L 4-- O cu ca C m X LU TWO 10" X 1/2" GALVANIZED 72" X 4 1/2" DIA. PRESSURE LAG BOLTS, EMBEDDED DIAGONALLY TREATED WOOD (TYPICAL), INTO POST. COUNTERSINK BOLT TOP RAIL NOTCHED 2" TO FIT HEADS. VERTICAL POSTS. 72" X 4 1/2" DIAMETER PRESSURE TREATED WOOD POST, - THREE 6"X 1/2" GALVANIZED BOLTS, VERTICAL, AT 6' ON CENTER NUTS & WASHERS BOLT HEADS TOWARD PATHWAY. AY SEE ?� DETAIL 1 r r Z Lo P 12" X 2" X 1/8" GALVANIZED STEEL PLATE, FRONT AND BACK NOTES: 1. LOCATION OF PATHWAY RELATIVE TO FACE OF HANDRAIL TO BE APPROVED BY THE CITY ENGINEER. 2. GALVANIZING FOR BOLTS AND PLATES SHALL BE PER SECTION 75-1.05 OF STATE STANDARD SPECIFICATIONS. 3. WOOD POSTS SHALL BE PRESSURE TREATED DOUG FIR OR PINE, OR EQUAL AS APPROVED BY THE CITY ENGINEER. ANY SURFACES WHICH HAVE BEEN CUT OR DRILLED SHALL TOP OF BE TREATED WITH PRESERVATIVE PATHWAY TREATMENT. N r7 CLASS B CONCRETE - 12"MIN. 14" SAND OR PER SECTION 90 OF I FOOTING PEA GRAVEL STATE SPECIFICATIONS 1/2" BOLTS (TYPICAL) r `1/8" PLATE (TYPICAL) DETAIL 1 PLAN VIEW N.T.S. DY`1 Dil WO pAt4-) JarS tt�Z mp1QLe"t w` -ki -'In coal ed bhce.l k,6yf- ar 5 LOS ALTOS IIILLS TITLE PATHWAY HANDRAIL pla^'mom ADOPTED BY CITY COUNCIL DATE: SCALE: NONE STANDARD DETAIL , .v 12/07/2011 DATE: 11 / 18/2011 2 CHK: JMP CALIFORNIA 26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022 • Phone: (650) 941-7222