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HomeMy WebLinkAboutGuiliani & Kull, Inc. (16)AGREEMENT THIS AGREEMENT is made and entered into on the Pmday of f4"JI-1, 2011 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. Perform survey and stake the rear property lines of 27765 & 27947 Via Ventana Way for pathway staircase project. 2,, EXHIBITS., The following attached exhibits are hereby incorporated into and made a part of this Agreement-. Proposal from CONTRACTOR dated February 16, 2011 3, TERMS. The services and/or materials furnished under this Agreement shall commence .)- /ay / if and shall be completed by j1,4P 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 one thousand five hundred dollars and zero cents ($1,500..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 professionaYindustry 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 1 1-4.,.a dnwi n 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. 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 Shotl form I I.A.f.d AN-11in 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, 6 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 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: Richard Chiu Public Works Director Town of Los Altos Hills By: 41" 26379 Fremont Road 'Signature Date Los Altos Hills, CA 94022 Print name, Title TOWN OF LOS ALTOS HILLS: By: 0 Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form February 16, 2011 Mr. Richard Chiu City Engineer Town of Los Altos Hills, 26379 Fremont Road Los Altos Hills, CA 94022 re'. Proposal for Surveying Services 27765 & 27947 Via Ventana Way, Los Altos Hills, California Dear Richard', Thank you for the opportunity to offer surveying services for your project in Los Altos, The attached proposal describes in detail the specific surveying task items required for providing property line staking, for construction purposes, along the rear property lines of these two properties, If this proposal is acceptable, please sign in the space provided and initial all six sides of the attached Standard Provisions, A returned copy will be our authorization to proceed., We look forward to working with you on this project, Sincerely, Giuliani & Kull, Inc. Mark A. Helton, PE, PLS EXHIBIT "Aly AGREEMENT PROPOSAL FOR SURVEYING SERVICES 27765 & 27947 Via Ventana Way Los Altos Hills, California CLIENT Mr, Richard Chiu City Engineer Town of Los Altos Hills, 26379 Fremont Road Los Altos Hills, CA 94022 CONSULTANT Giuliani & Kull, Inc. 4880 Stevens Creek Blvd., Suite 205 San Jose, California 95129 This agreement entered into in San Jose, California hereby binds the Client and the Consultant to the following scope of services and compensation: PROJECT DESCRIPTION The proposed project is the staking of the rear property lines, for construction purposes, of the two properties located at 27765 & 27947 Via Ventana Way, (APN 182-42-022 & 029), in the Town of Los Altos Hills, SCOPE OF SERVICES The following scope of services is offered for the completion of the surveying work effort: Task 1 - Surveying Services Giuliani & Kull, Inc. will provide wooden stakes at the angle points of the rear property Page 2 of 5 Pages 27765 & 27947 Via Ventana Way lines of the two subject properties. The subject properties being identified as Lots 10 and 17 of Tract No. 3659 - Matadero Hills, which was filed for record in Book 177 of Maps, at pages 34 & 35, in Santa Clara County Records. In addition, we will also set intermediate stakes where the property line lengths are greater than 100 feet or so. SERVICES NOT INCLUDED The following services are specifically not included as part of the consultants work effort under this contract. (a) Soils or geotechnical engineering services (b) Setting permanent survey markers, or preparation of a boundary survey (c) Civil Engineering plans The above listing is not intended to be exhaustive and shall not be construed to include any work as offered under this proposal specifically identified in the Scope of Services, COMPLETION OF WORK See Exhibit "B" COST OF SERVICES See Exhibit "C" TERMS The services described herein will be provided in accordance with the attached Standard Provisions of Agreement. The services described herein will be provided in accordance with the attached Standard Provisions of Agreement. Compensation shall be payable monthly as the work is performed.. Invoices shall be payable within 30 days of the date of invoice, Extra work items or other additional services (beyond those described herein) will be provided in accordance with our standard schedule of hourly rates in effect at the time the work is performed.. Page 3 of 5 Pages 27765 & 27947 Via Ventana Way If this proposal is acceptable, please sign one copy and initial all six sides of the standard provisions attached hereto. A returned copy will be our authorization to proceed. Respectfully Submitted, Giuliani & Kull, Inc. 1015-1 Accepted, Town of Los Altos Hills Mark A, Helton, PE, PLS Richard Chiu Date COMPLETION OF WORK This work shall be performed within thirty (30) calendar days of our notice to proceed. EXHIBIT t9CW1 COST OF SERVICES Page 5 of 5 Pages 27765 & 27947 Via Ventana Way The professional services described in the Scope of Services are offered for the following fees: Task - 1 - Surveying Services TOTAL COST OF SERVICES $1,500.00 $1,600.00 The services described herein will be provided in accordance with the attached Standard Provisions of Agreement. Compensation shall be payable monthly as the work is performed.. Invoices shall be payable within 30 days of the date of invoice, Qualifications for Pi-ovidin Sur•ve in Services to the Town of Las Altos .Hills Giuliani & Kull, Inc. is a professional set -vices organization with a strong background in civil engineering and land surveying. Our design approach is to have a single person in charge of each project. This ensures that the project is well coordinated and effectively processed. All projects are processed in a timely manner with the appropriate detail and quality to assist in public approvals. Marls Helton, PLS 7078, has been providing his services to the Town of Los Altos Dills as "City Surveyor" .Cor the past year. In addition, he currently is the City Surveyor for both the City of Los Altos as well as the City of Saratoga. He has worked with the Town of Los Altos Hills Public Works Department staff for over 20 years. The firm's capabilities span a broad spectrum of both public improvements and private development projects. Our staff s expertise includes the following areas of specializations: Subdivision Mapping (Tract Maps & Parcel Maps) Record of Surveys Legal Descriptions Plats ALTA/ACSM Surveys Topographic Surveys Boundary Surveys Condominium Plans Annexation Documents Lot Line Adjustment; Documents Giuliani & Kull, Inc. has worked on a variety of protects throughout the Town of Los Altos Hills. In addition, we have worked directly for the Town of Los Altos Hills Public Works Department for their various surveying needs. Giuliani & Kull, Inc. has had the opportunity of working on over 100 different projects throughout the Town of Los Altos Hills in the past 20 years, including: Enter your TIN in the appropriate box The TIN provided must match the name given on Line 1 to avoid Social---rlty number backup withholding For individuals, this is your social security number (SSN) However, for a resident alien, sofe proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it Is _ w Your employer Identification number (EIN) If you do not have a number see Now to get a 77N 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 Identification number number to enter Under penalties of perjury. 1 certify that: 1 The number shown on tihis 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. slid 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 oil page 4 ,trot t1.] ........�..,�._.�.. .W...�..._....»., �_ ! Signature of Here U,8. person to, Date 1` Cameral 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 1RS must obtain your correct taxpayer identification number (TIN) to report, for example, income prod to you. real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt. or contributions you rnade 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: I Certify that the TIN you are giving is correct (or you are waiting for a number to be issued). 2 Certify that you are not subject to backup withholding. or 3 Glalm 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 substantfaliy similar to this Form W-9 Y. Cat No 10231x Form W- (Rev 10.2007) Definition of a U.S. person. For federal tax purposes, you are considered a U S person If you are: • 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. • An estate (other than a foreign estate). or • A domestic trust (as defined in Regulations section 301 77017) Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business Further, In certain cases where a Form W-9 Chas 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 business in the United States. provlde Form W-9 to the partnership to establish your U S status and avoid withholding on your share of partnership Income, The 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 not Income from the partnership conducting a trade or business in the United States Is in the following cases: +0 Thv U 5 owner of a disregarded entity and not the entit Request for Taxpayer Form, Give form to the (Rev October 2007) Identification Number and Certification requester. Ido not 00paltmtnt of tht Tftssuly send to the 1RS. Infolnml riovrrmw3 86rvii " Name (as shown on your income tar, return) m ~� c3 m ra. Business name, If different from above c bCheck o appropriate box: 0 individual/Sole proprietor ❑ Corporation ❑ Partnership Exempt ❑ Limited liability company Enter the tax classification (Q=disregarded entity. Cncotporation. P=partnership) 1^ ...... _ ❑ payee c ❑ Othcr (set instructions) 1'- Address (number. street and apt or suite no) Requester's name and address (optional) CL Town of Los Altos Hills City. state. and ZIP code • 26379 Fremont Road rn Los Altos Hills CA 94022 AList account number(s) here (optional) • . faxpa ter Identification Number (TIN) Enter your TIN in the appropriate box The TIN provided must match the name given on Line 1 to avoid Social---rlty number backup withholding For individuals, this is your social security number (SSN) However, for a resident alien, sofe proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it Is _ w Your employer Identification number (EIN) If you do not have a number see Now to get a 77N 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 Identification number number to enter Under penalties of perjury. 1 certify that: 1 The number shown on tihis 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. slid 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 oil page 4 ,trot t1.] ........�..,�._.�.. .W...�..._....»., �_ ! Signature of Here U,8. person to, Date 1` Cameral 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 1RS must obtain your correct taxpayer identification number (TIN) to report, for example, income prod to you. real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt. or contributions you rnade 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: I Certify that the TIN you are giving is correct (or you are waiting for a number to be issued). 2 Certify that you are not subject to backup withholding. or 3 Glalm 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 substantfaliy similar to this Form W-9 Y. Cat No 10231x Form W- (Rev 10.2007) Definition of a U.S. person. For federal tax purposes, you are considered a U S person If you are: • 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. • An estate (other than a foreign estate). or • A domestic trust (as defined in Regulations section 301 77017) Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business Further, In certain cases where a Form W-9 Chas 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 business in the United States. provlde Form W-9 to the partnership to establish your U S status and avoid withholding on your share of partnership Income, The 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 not Income from the partnership conducting a trade or business in the United States Is in the following cases: +0 Thv U 5 owner of a disregarded entity and not the entit