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HomeMy WebLinkAboutGuiliani & Kull-San Jose, Inc. SummerhillAGREEMENT THIS AGREEMENT is made and entered into on the day of Odu4)fI' 10, 2024 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Guiliani & Kull -San Jose, 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: Provide staking of the Summerhill Ave. pathway easement, as shown on EXHIBIT A on Parcel Map No. 434P10-11 — LANDS OF CLAUDE. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A — Proposal from contractor dated September 27, 2024. 3. TERMS. The services and/or materials furnished under this Agreement shall commence October 3, 2024 and shall be completed by October 31, 2024, 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 two thousand dollars and zero cents ($2,000.00) 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. 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 Town of Los Altos Hills Page 1 of 4 Short form Updated 4126122 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 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. Town of Los Altos Hills Page 2 of 4 Short form Updated 4126/22 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. h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Utility Engineering Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. 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: Astha Khanal, EIT Assistant Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Snort form Updated 4Y'6r22 CONTRACTOR: t54 P4 Signature Date Print name. Title TOWN OS LS: By: Zy Peter Pirnej City �Wanager Date Page 4 of 4 Formw-9 Request for Taxpayer Give form to the Identification Number and Certification requester. Do not send to the IRS. Plae ;as hy-n or -uur income return; 6 -7 ) 0,t.JAA H — 15;04,,*J )r44- (D Business name if different from above CL C: 0 01 ^ Checl, appropriate bo., Individual Sole proprietor ^Corporation ParinersniD p '4= Limited liability company Enter the tax claasifoitior i0=dtaregirded entrti C=corporatior, P=partriershipi III Exeme t �tre, See address I d 4as number streetandapt at suite no Requester's mime ' -c 'd dre6L �)ptiorali 'I own os I t74g—e of L Altos Hi Is 'U --!t � 3tate, and ZIP code T 26379 Fremont Road C. In Los Altos Hills, CA 94022 List account numb-nshere .4(bonar, Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid : social security number backup withholding For Individuals, this is 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 ;EINt it you do not have a number see How to get a TIN on page 3 Note. If the account is in more than one name. see the chart on page 4 for guidelines on whose Employer identification number number to enter 411 r --J-4 JiM Certification Under penalties Of perjury. I certify that 1. The number shov4n on this form is my correct taxpayer Identification number tor I am viarting for a number to be Issued to mei. and 2. lam 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 (cl the IRS has notified me that I am no longer subject to backup withholding. and 3 3 1 air 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 oy the IRS that you are currently subject to backup ,.�.,ithholding because yon have failed to report all interest and dividends on your lax 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 IPA). 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 Sign Signature of Here U.S. Derson ► General Instructions S,,-cnon references are to the Internal Revenue Code unless otherwise noted A person ,-,,no is required to file an information return with the IRS must obtain your correct taxpayer identification number (TINi 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 rmdo to an IRA Use Form VV -9 only it you are a U S person iincluding a resident alien) to provide your correct TIN to the person requesting a (the requester] and when applicable to 1 Certify that the TIN you are giving is correct (or you are wafting for a number to be issued',, 2 Certify 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 VJ-9 Date Ili, Definition of a U.S. person. For federal tax purposes You are -Dnsio,,4rr ,o a i -- 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 St at As • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section , v1 77c)1- Spec" 7c)1-Spec" rules for partnerships. Partnerships that conduct a trade or business in the United States are generaily required to pay a withholding tax or any foreign partners' share of income from such business Further in certain cases vilrierp a Form VV -9 has not been received a partnership is required to presume that 3 partner is 3 foreign person and pay the withholding tax Therefore 1 you are a U S person that is i partner in a partnership conducting a trade or business 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 The person who gives Form. VV -9 to the partnership for purposes of establishing its U S status and avoiding withholdirg on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases * The (I S owner of a disregarded amity and not the -?ntify r,� 1 3 - -- 1, _-,! W-9 Re i Giuliani & Kull - ESan Jose,. Inc. Jginee-, * Inners • Surveyors September 27, 2024 Astha Khanal Town of Los Altos Hills, 26379 Fremont Road Los Altos Hills, CA 94022 re: Proposal for Surveying Services Staking Services for Pathways on Summerhill Avenue, between Miraloma Way & Amigos Court Los Altos Hills, California Dear Astha; Thank you for the opportunity to offer surveying services for your project in Los Altos Hills. The attached proposal describes in detail the specific surveying task items required for providing staking services for constructing pathways on Summerhill Avenue, between Miraloma Way and Amigos Court, in the Town of Los Altos Hills. 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 -San Jose, Inc. Mark A. Helton, PE, PLS 4880 Stevens Creek Boulevard, Suite 100 • San Jose, California 95129 • (408) 615-4000 Staking Services for Summerhill Pathway Page 1 of 6 Pages EXHIBIT "A" AGREEMENT PROPOSAL FOR SURVEYING SERVICES Staking Services for Pathways Staking Services for Pathways on Summerhill Avenue, between Miraloma Way & Amigos Court, In the Town of Los Altos Hills, California CLIENT Peter Pirnejad, City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONSULTANT Giuliani & Kull -San Jose, Inc. 4880 Stevens Creek Blvd., Suite 100 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 to provide staking services for Pathways on Summerhill Avenue, between Miraloma Way and Amigos Court, 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 - Staking Services - Pathways (a)- Summerhill Ave. between Miraloma & Amigos Giuliani & Kull -San Jose, Inc. will provide staking services for the proposed pathway Summerhill Avenue, between Miraloma Way and Amigos Court. We will provide wooden stakes at approximately 50 foot intervals on both sides of the easement line. (The exact location is per the amended exhibits which was sent to Giuliani & Kull -San Staking Services for Summerhill Pathway Page 2 of 6 Pages Jose, Inc and attached hereto. Note: Stakes will be set at any angle points, as well as at the intervals specified above. Also, if trees. hedges, fences or walls occupy the line to be staked, then we may stake the point at an offset distance, which will be clearly marked upon the stake.) An Autocad drawing file will be prepared for the Town, showing the stakes placed in the field. The stakes will be marked with a point number, and that point number will be shown upon said computer plot. One point will have GPS datum coordinates, and the rest of the points set will be tied and rotated into that GPS datum coordinate system. SERVICES NOT INCLUDED The following services are specifically not included as part of the consultants work effort under this contract: (a) Title services, including obtaining title reports, deeds, etc. (b) Civil Engineering services ( c) Boundary surveying, or setting permanent survey markers 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" Staking Services for Summerhill Pathway Page 3 of 6 Pages 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. 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, Accepted, Giuliani & Kull -San Jose, Inc. Two ,os_lltos Hills Mark A. Helton, PE, PLS Peter Pirneja Date Staking Services for Summerhill Pathway Page 4 of 6 Pages EXHIBIT "B" COMPLETION OF WORK This work shall be performed within thirty (30) calendar days of our notice to proceed. Staking Services for Summerhill Pathway Page 5 of 6 Pages EXHIBIT "C" COST OF SERVICES The professional services described in the Scope of Services are offered for the following fees: Task 1 - Pathway Staking on Summerhill -between Miraloma & Amigos Ct $2,000.00 TOTAL COST OF SERVICES $2,000.00 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. Staking Services for Summerhill Pathway Page 6 of 6 Pages Qualifications for Providing Surveying Services to the Town of Los Altos Hills Giuliani & Kull -San Jose, Inc. is a professional services 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. Mark Helton, PLS 7078, has been providing his services to the Town of Los Altos Hills for many years. In addition, he currently is the City Surveyor for both the City of Los Altos, Cupertino, Burlingame, Sunnyvale, as well as the City of Saratoga. He has worked with the Town of Los Altos Hills Public Works Department staff for over 30 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 -San Jose, Inc. has worked on a variety of projects throughout the Town of Los AItos Hills. in addition, we have worked directly for the Town of Los Altos Hills Public Works Department for their various surveying needs. Giuliani & Kull -San Jose, Inc. has had the opportunity of working on over 100 different projects throughout the Town of Los Altos Hills in the past 30 years, including: �_b m O a� �m 6A 3"£5le O Iq e �� �g�q� bq 8R$$ o ma �e3 na -�Ae y e3 g^ T- "� mn q w sad $ )e S`S x !y m� a • g Rne� $ amma� r L-- _ wi:�� o o ds mo nm o s nm a PSE3^ 2� 3 i s=$6 ag96mo0 0 ig d, DI xo O ragoa zarnm° pm�m $o a 'm0 8 mm N i m $� RIS »kKm�m Egam Sail ° boa= nm � Z `Ac a�"v ti $" ��s3� �a �ano a Via' nneam m�=S � FOP % 3y �3 g(D]pOR. no�a Q P-^� '� D�L�B`� a3 nR »�=Cip '�� n —'i m r D z D m O n D Z I-gto.. o3- o o m Sam 9 5a3» o .. .iO. 30�^ o Z z m g'3oC 38' I r pa=g z N h -9q 33 n a p 'SoN P_ ` oton0'ii $o- 71 ��. O 0 3$9A� n s&g'g � u r p D c$ MR o a ��x�z�Bma D/ Aw o o Q t- �a 0 ami^3 !V»� 'O M oS a %sm C z =0a=�°3 0 > Z�cn @ m_ ,^I $'�+ 3 n3 Co r; ^�" a3 n P aBa an O D 3^� s� 3:�R3 o»pS%g�•°.,g �u°�m^o^ o— aag<4A$mm% : ' is3 sgm, CA .0 (n c) O nDDOP 1 l gag m AMIGOS CT � AR, CIE' �,32. 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