HomeMy WebLinkAboutTowill, Inc.THIS AGREEMENT is made and entered into on the /v day of February, 2021 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Towill, 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:
Topographic and boundary survey along Edgerton Road.
2, EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated January 28, 2021
3. TERMS. The services and/or materials furnished under this Agreement shall
commence February 8, 2021 and shall be completed by March 26, 2021, 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 Four thousand two
hundred dollars and zero cents ($4,200) 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 4123110
5. GENERAL TERMS AND CONDITIONS,
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.
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
prem isesloperation, 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 4123/10
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, pians, 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, pians,
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 4/23110
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 Directors,
Town of Los Altos Hills By:
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Print name, Title
TOWN OF LDS ALTOS HILLS:
By: 12021
Car Cahill, City Manager It ate
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4/23/10
aiggLIM ii axpayer luentirication Whimper (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I social security number
backup withholding, For Individuals, this is generally your social security number ( . However, for
late W m _
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, It is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter, I � j q 4 / W 817 (�
71
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number 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 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
11 am a U.S. citizen or other U.S. person (defined below); and
The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting Is correct.
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 for Part 11, later,
iwgn Signature of ,r j
Here U.S. person ► !JZe7l� AIJtn �t/Kw Date 11 -
General
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest Information about developments
related to Form W-9 and Its Instructions, such as legislation enacted
after they were published, go to www.lrs,gov/FomnW9,
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
Information return with the IRS must obtain your correct taxpayer
Identification number (TIN) which may be your social security number
(SSM, individual taxpayer Identification number (ITIN), adoption
taxpayer Identification number (ATIN), or employer identification number
(EIN), to report on an Information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following,
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of Income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage Interest), 1098-E (student loan Interest),
1098-7 (tuition)
• Form 1099-0 (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding, See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev, 10-2018)
W_g
Request for Taxpayer
Give Form to the
(ReForv. October 2018)
Identification Number and Certification
requester. Do not
Deparlmonl of the Treasury
send to the IRS.
internal Revenue Service
i Go to wwwdrs,gov/FormIN9 for instructions and the latest Information.
1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank.
Towill, Inc.
2 Business name/disregarded entity name, if different from above
y
3 Check appropriate box for federal tax classification of the person whose name Is entered on line 1. Check only one of the
A Exemptions (codes apply only to
0
following seven boxes,
certain entities, not Individuals; see
6
❑ Individual/sole proprietor or 0 C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate
Instructions on page 3):
osingle
-member LLC
Exempt payee code (If any)
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) 10
`q
Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
e
=
LLC If the LLO Is classified as a single -member LLC that Is disregarded from the owner unless the owner of the LLC Is
another LLC that is not disregarded from the owner for U.S, federal tax purposes. Otherwise, a single -member LLC that
coda i(f any)
IL
Is disregarded from the owner should check the appropriate box for the tax classification of its owner.
Other (see Instructions) 11 -(Applies
to accounts maintained outside the U.S J
y
5 Address (number, street, and apt. or suite no.) See instructions,
Requester's name and address (optional)
2300 Clayton Road, Suite 1200
8 City, state, and ZIP code
Concord, CA 94520
7 List account number(s) here (optional)
aiggLIM ii axpayer luentirication Whimper (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid I social security number
backup withholding, For Individuals, this is generally your social security number ( . However, for
late W m _
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, It is your employer identification number (EIN). If you do not have a number, see How to get a
TIN, later. or
Note: If the account is in more than one name, see the Instructions for line 1. Also see What Name and I Employer identification number
Number To Give the Requester for guidelines on whose number to enter, I � j q 4 / W 817 (�
71
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number 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 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
11 am a U.S. citizen or other U.S. person (defined below); and
The FATCA code(s) entered on this form Of any) indicating that I am exempt from FATCA reporting Is correct.
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 for Part 11, later,
iwgn Signature of ,r j
Here U.S. person ► !JZe7l� AIJtn �t/Kw Date 11 -
General
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Future developments. For the latest Information about developments
related to Form W-9 and Its Instructions, such as legislation enacted
after they were published, go to www.lrs,gov/FomnW9,
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file an
Information return with the IRS must obtain your correct taxpayer
Identification number (TIN) which may be your social security number
(SSM, individual taxpayer Identification number (ITIN), adoption
taxpayer Identification number (ATIN), or employer identification number
(EIN), to report on an Information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following,
• Form 1099 -INT (interest earned or paid)
• Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
• Form 1099-MISC (various types of Income, prizes, awards, or gross
proceeds)
• Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-S (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
• Form 1098 (home mortgage Interest), 1098-E (student loan Interest),
1098-7 (tuition)
• Form 1099-0 (canceled debt)
• Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding, See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev, 10-2018)
�-TOWILL
SURVEYING I MAPPING I GIS
January 28, 2021
Ms. Christine Hoffmann
Assistant Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
choffmann salto hills.ca. o
650.947.2541
Re: Survey Services for Edgerton Road, Los Altos Hills
Dear Ms. Hoffmann,
Thank you for requesting Towill, Inc. to prepare and submit this proposal for survey support services.
The following describes our understanding of the project and presents the proposed scope of work
and our estimated cost for completing the work.
THE PROJECT
The project is described as a survey support, limited topographic surveying, and right of way survey
located at Edgerton Road in Los Altos Hills, California. The location is identified in Exhibit A, attached.
SCOPE OF SERVICES AND DELIVERABLES
Task Qne—Topographic
Towill will perform a topographic and boundary survey of the roadway up to existing fences along
Edgerton Road, area shown in red in Exhibit A. Roadway, surface utilities, trees, hardscape, and
other key features will be located.
Vertical Datum to be NAVD 88, with a tie to existing Los Altos Hills control network.
Task One Deliverables
• AutoCAD Civil 3D file (2018 format or specified at task order award)
• Staking files
a Site photos
SCHEDULE
Surveys can be conducted within 20 days from NTP, with a final delivery date of four weeks from
NTP.
ASSUMPTIONS, SPECIAL CONSIDERATIONS, AND EXCEPTIONS
Any work above and beyond the described scope above will be negotiated separately and billed at a
time -and -materials basis per Towill's contract rate schedule. For clarification, our proposed technical
approach and assumes the following:
0 Access to site and notification of entry will be provided by others.
0 Towili's rate sheet is attached as Exhibit B.
Q All records will be provided by Town of Los Altos Hills.
+� Title reports are outside this scope of work and proposal.
Services other than those specifically described herein are not currently proposed.
Towill, Inc. a 2300 Clayton Road o Suite 1200 o Concord o California • 94520-2176 a 925.682.6976 . 925.682,6390 fax
www.towill.com
W Our proposal does not include payment of any fees, permits, or other items not specifically
mentioned in our scope of work. Such fees, if applicable, will be invoiced as additional costs.
a All travel time is included in this estimate.
SUMMARIZED COST
Our proposed cost for the work described above is as follows and is based on our current contract
rate schedule at a time and materials cost; see attached Exhibit B. This is an estimate of work—site
schedule, work, and other factors will affect this price.
Items
Task Fee
Task One --Topa and Boundary Survey
$4,200
Thank you for this opportunity and we look forward to working with you on this project. Should you
have any questions regarding this proposal, or if for any reason this proposal does not meet your
budget or time constraints, please contact me to discuss options to revise the proposal to meet your
needs. I can be reached by phone at (925) 682-6976 ext. 1032 or by email atjohn.may@towill.com.
Sincerely,
TOWILL, INC.
John T. May, PLS
Project Manager
EXHIBITA
Site Map
U4M
ROA
Ro ear rft
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1.7431 Ac.
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LOT I P
30,11,33
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EXHIBIT B
NORTHERN CALIFORNIA SURVEY SERVICES FEE SCHEDULE
E'ff'ective January 1, 2021
LABOR DE C IPT ON _ _ HOURLY RATE
Principal Land Surveyor/ Geomatics Principal Manager ...................................................... $ 255.00
Senior Land Surveyor/ Senior Project Manager................................................................... $ 225.00
Survey Project Manager........................................................................................................... $ 198.00
ProjectSurveyor....................................................................................................................... $ 168.00
AssociateSurveyor................................................................................................................... $ 155.00
SurveyTechnician (Office)....................................................................................................... $ 125.00
CADDTechnician...................................................................................................................... $ 98.00
ProjectCoordinator.................................................................................................................. $ 95.00
ProjectAssistant........................................................................................................:.............. $ 75.00
ExpertWitness......................................................................................................................... $ 400.00
Per Court Appearance (Minimum)........................................................................................... $ 2,800.00
Prevailing Wage Rates by Fled Survey Personnel Classifications
PartyChief................................................................................................................................ $ 155.00
ChainPerson............................................................................................................................ $ 135.00
Apprentice................................................................................................................................ $ 123.00
Notes:
i Field survey personnel and crews are billed at a minimum of 8 hours per day only.
• Field survey crew rates are inclusive of one survey vehicle, vehicle mileage up to 50 miles from
the crew's home office, conventional and GPS survey equipment, and standard safety
equipment. Additional trucks will be charged at $20/hour.
SPECIAL LABOR RATES
000 DEERIPTIONHOURLY RATE
Hazmat Crew Supplement ................................ Field Personnel Rate plus $10.00 per Person per Hour
Night Shift Work .................................................. Field Personnel Rate plus 12.5% per Person per Hour
AUTHORIZED OVERTIME LABOR RATES
I Q8 DESCRIPTION _ HOURLY RATE
Saturdays and in Excess of 8 Hours on Weekdays ............................................. 1.5 times Regular Rate
Sundays and Holidays.......................................................................................... 2.0 times Regular Rate
EQUIPMENT AND OTHER DIRECT COSTS
EQUIPMENT DESCRIP IIOU _ RATE
Terrestrial Static Laser Scanner....................................................................... Quote Provided per Project
Terrestrial Mobile Laser Scanner..................................................................... Quote Provided per Project
Specialty Survey Equipment............................................................................. Quote Provided per Project
Client shall pay the costs, plus 10%, for any applicable government fees, title company charges,
subconsultant fees, outside vendor costs, reproduction costs, vehicle mileage (except as noted
above), travel related costs, rental vehicles and boats, rental and specialty equipment, consumable
materials, digital delivery media, and delivery or messenger services incurred on Client's behalf.