HomeMy WebLinkAboutGuiliani & Kull, Inc (3)AGREEMENT
THIS AGREEMENT is made and entered into on the day of 2010 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Giuliani & Kull, 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:
Survey & Datum Consersion thirty-eight (38) existing
benchmarks; re -setting any benchmrak that have been lost;
set ten (10) new benchmarks; provide new list of
benchmarks based on the NAVD88 elevations; provide a
brief report describing the methods and procedures used to
establish the benchmark locations and elevations.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated 3/23/2010
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 4/5/2010 and shall be completed by 4/30/2010, unless terminated
pursuant to Section 5ft
4. COMPENSATION. For the full performance of this Agreement-,
a, TOWN shall pay CONTRACTOR an amount not to exceed eight thousand five
hundred dollars and zero cents ($8,500.00) within thirty-five (35) days following
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 I of 4
Not to excoad $16.000 par fiscal year
Updated 8 17 08
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 tinder 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 - Contracts
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Not to excoad $16.000 per fiscal year
Updated 3 17 06
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
Town of Los Altos Hills By:ra
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Print name, Title
TOWN OF LOS ALTOS HILLS-,
By: 3j 29 `2®Yd
Carl Cahill, City Manager Date
Town of Los Altos Hills Page 4 of 4
Not to exceed $16 -ODD per fiscal year
Updated 3 17 08
Form
Request for Taxpayer
Give form to tile
(Rev. October 2007)
Identification Number and Certification
requester. too not
Oarartnu nl of tho iruazwy
twomnl rramaruv soma,
send to the IRS.
Name (as shown on your income fax return)
w
_ _
"
asusinyss
name. if different iram above
ar
Check appropriate box: �❑ individual/Sole proprlvtar Corporollon ❑ Partnership
Exempt
❑ limited linbkilly company !alar the tax claasificatlon (Cr=distegardad entity. C -corporation. P -partnership) a .... ,...
ca �
❑ Other (see ins✓ucllcrie) C^ payee
Address (number. street. and apt or sulte no.)
Requester's Hamra and address (optional)
Town of Los Altus Hills
City, state, and ZIP coda
213379 FrelitOnt Road
U)
_
Z�Pr _� 2-�'
I os Alfas hills, CA 94022
List account numbers) here (a tfonal)
Roll Taxpayer icientifiaation Number (TIN)
Enter your TIN in the appropriate box The TIN provided must malch the name given on Lillie 1 to avoid Saolnt saarrity numlaar
backup withholding. For Individuals, this is your social security nunber (SSN) However, for a resident
alien. sole proprietor, or disregarded entity, see the Part I instructions on page 3 For other entilles. it is
Your employer Identification number (FIN) It you do not have a number. see 14ow to eget a 77N on page 3 or
Note If ilia account Is In more than one name. see the chart on page 4 for guidelines on whose Employer Identification number
number to enter 7 ; 01155' j
certification
Under, penalties of perjury. I certify chat:
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 withholdinU 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 baot<up withholding. and
3 1 am a U S citizen or other U 6 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
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Sign Signature of
_._._.
Here U.B. parson te• ._ :3........ G��" e,�'"� bate 1- 12-1 a
General Instructions
Section references are to the internal Revenue Code unless
otherwise noted
Purpose of Form
A person who is required to file an Information return with the
IRS must obtain your correct taxpayer Identification number (TIN)
to report, for example, Income paid to you, real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9 only if you are a U S person (Including a
resident alien), to provide your correct TIN to the person
requesting it (the requester) and. when applicable. to:
1 Certify that the TIN you are giving is correct (or you are
waiting for a number to be Issued).
2 Cerlify that you are not subject to backup withholding, or
3 Claim exemption from backup withholding if you are a U S
exempt payee if applicable, you are also certifying that as a
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
foreign partners' share of effectively connected Income
Note. If a requester gives you a form other than Form W-9 to
request your TIN, you must use the requester"s form If it is
substantially similar to this Form W-9
Definition of a U.S. person. For federal tax purposes. you are
considered a U S person if you are:
m An individual who Is a U S citizen or U S resident alien.
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States.
o Ali estate (other than a foreign estate). or
o A domestic trust (as defined in Regulations section
301 7701-7)
Special rules for partnerships. Partnerships that conduct a
trade or business in the United States are generally required to
pay a withholding tax an any foreign partners' share of income
from such business Further, in certain cases where a Form W-9
has not been received, a partnership Is required to presume that
a partner Is a foreign person, and pay the withholding tax
Therefore, If you are a U S person that is a partner In a
partnership conducting a trade or lousiness in the United States.
provide Form W-9 to the partnership to establish your U S
status and avoid withholding on your share of partnership
income
"Ilia person who gives Form W-9 to the partnership for
purposes of establishing its U S status and avoiding withholding
on its allocable share of net Income, from the partnership
conducting a trade or business In the United States Is In the
following cases:
o The U $ owner of a disregarded entity and not the entity.
Cat No 10231X form (Rev 10.2407)