HomeMy WebLinkAboutGuiliani & Kull-San Jose, Inc. 05.29.2025 (1)AGREEMENT
THIS AGREEMENT is made and entered into on the day of , 2025 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred. 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 survey services for Old Page Mill Road from Christopher's Lane to
Old Page Mill Road per Tract Map No. 405M34 and Town requirements
per EXHIBIT A.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
EXHIBIT A -- Proposal from contractor dated May 6, 2025.
3. TERMS. The services and/or materials furnished under this Agreement shall
commence May 15, 2025 and shall be completed by July 15, 2025, 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 four
hundred dollars and zero cents ($4,400.00) 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,
Town of Los Altos Hills Page 1 of 4
Short form
Updated 4129122
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:
i. 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
Shodform
Updated 4126122
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
Town of Los Altos Hills Page 3 of 4
Short form
Updated 4/26/22
meeting, teleconference or written communication between any Town
representative including Committee members and the CONTRACTOR. The
TOWN may modify the Contract Administrator at any time upon providing written
notice to the CONTRACTOR.
i. 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
Short form
Updated 4/26/22
CONTRACTOR:
6jV1_)j4Nf
By: �'l3
Signature Date
Print name, Title
TOWN LOS A OS LLS:
1.11 1
By:
Peter Pirnejad, City Manager Date
Page 4 of 4
Form W'9 Request for Taxpayer Give form to the
(Rev. October 2007) Identification Number and Certification requester. Do not
LepaitPlent of the rieaWF`v send to the IRS.
Internus Revenue Service
Name (as shown on your income tax return)
`v GlfItJAN Nf/LL'� N To
C0 Business name, 0 different from above
CL
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Check appropriate box. E Individual/sole proprietor X Corporation �J Partnership Exempt
N— n Limited liability company. Enter the tax classification (Disregarded entity. C=corporation, P=partnership) 0, P
� payee
E Other (sea nsvuncrH ►
A Address (number, street, and apt or suite no.) Requester's name and address (optional)
a ° Tv�rvs Q,
Town of los Altos Hills
is City state, and ZIP code 26379 Fremont Road
Los Altos Hills, CA 04022_
List account numbers) ere (optional)
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
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your employer identification slumber (EIN). If you do not have a number, see How to get a TIN on page 3. or
Note. If the account is in more than one name, see the chart o1 page 4 for guidelines on whose I Enipl�ye e . tr��beOr
number to enter 7•rJ
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Under penalties of perjury, I certify that
1. The number shown on this form is my correct taxpayer identification number (or I am wading 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
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
Sign Signature of
Here U.S. person ► / ��As Data ► 5` :=�'Z'�!;7
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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
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contributions you made to an IRA.
Use Form W-9 only if you are a U.S person (including a
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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
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Definition of a U.S. person. For federal tax purposesyou 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
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• An estate (other than a foreign estate), or
• 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 on 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 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 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:
• The U S owner of a disre arded entit and not the entit
W y 7.
Cat. No. 10231X Form W -fa (Rea 10-2007)
Giuliani & Kull -F
San Jose,,
Engineers - Planners - Surveyors
May 6, 2025
Astha Khanal
Town of Los Altos Hills,
26379 Fremont Road
Los Altos Hills, CA 94022
re: Proposal for Surveying Services
Topographic Surveying Services along Old Page Mill Rd,
Between Christopher Lane and Gerth Lane
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 surveying services for constructing pathways along portions of
Old Page Mill Road, between Christopher Lane and Gerth Lane, 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
Surveying Services for Old Page Mill Rd.
Page 1 of 6 Pages
EXHIBIT "A"
AGREEMENT
PROPOSAL FOR SURVEYING SERVICES
Topographic Surveying Services along Old Page Mill Rd,
Between Christopher Lane and Gerth Lane
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 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 to provide topographic surveying services for Pathways
along Old Page Mill Road, between Christopher Lane and Gerth Lane, in the Town Los
Altos Hills, California
SCOPIE OF SERVICES
The following scope of services is offered for the completion of the surveying work
effort:
Surveying Services for Old Page Mill Rd.
Page 2 of 6 Pages
Task j_jTo o rg he Surveying along Old Page Mill Road
Giuliani & Kull -San Jose, Inc. will provide topographic surveying services for the
proposed pathway along Old Page Mill Road, between Christopher Lane and Gerth
Lane. We will prepare a Partial Topographic Survey of the westerly side of Old Page
Mill Road, as shown upon the exhibit provided to us, and attached hereto.
We will survey the area in question, and provide the items listed in the RFP dated April
22, 2025, whicih are attached hereto..
Files for the 24" k 36" Topographic Survey will be provided In both an Autocad file, as
well as a PDF file.
NVU TOAAN
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.
See Exhibit "C"
k I _4 V �,
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
Surveying Services for Old Page Mill
Page 3 of 6 P�
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 b
provided in accordance with our standard schedule of hourly rates in effect at the tir
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. Town of Los Altos Hills
Mark A. Helton, PE, PLS Peter Pirnejad
Date
Surveying Services for Old Page Mil
Page 4 of 6 P
2944W,M *
This work shall be performed within thirty (30) calendar days of our notice to procec
Surveying Services for Old Page Mill Rd.
Page 5 of 6 Pages
EXHIBIT (AC91
COST OF SERVICES
The professional services described in the Scope of Services are offered for the
following fees:
Task I - Surveying Services along Old Page Mill Road $4,400.00
TOTAL COST OF SERVICES
$4,400.00
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.
Surveying Services for Old Page Mill Rd.
Page 6 of 6 Pages
Uallficitions f01LEqqYL1( Liga-SurygyLug.Services to the Town of Los Altos Ifills
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 ofLos Altos Hills for
many years. In addition, lie currently is the City Surveyor for both the City of Los Altos,
Cupertino, Burlingame, Sunnyvale, as well as the City of Saratoga. I Ic has worked with the
Town of Los Altos Hills Public Works Department staff for over 30 years.
The firm's capabilities span a broad spectrUnt of hath public hirprovernents and private
development projects. Our staffs 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 -Sari Jose, Inc. has worked on a variety of projects throughout the `rows 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 -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:
Mark Helton
From: Astha Khanal <akhanal@losaltoshills.ca.gov>
Sent: Tuesday, April 22, 2025 4:13 PM
To: Mark Helton
Cc: John Chau; Woolae Kim
Subject: Christopher's Lane Pathway -- Topographic Survey
Attachments: Tract Map - 405M34 - marked.pdf; LAH list of benchmark updated 8.08.2019_
201908081125354339.pdf
Hi Mark,
The Town of Los Altos Hills is requesting a proposal for a topographic survey for a future proposed pathway project
along Page Mill Road [Christopher's to Old Page Mill Road] (See EXH. 1 attached).
Topographic Survey Requirements:
• Locate all property lines (R.O.W.) within survey limits.
• Two -foot contour intervals.
• Scale at 1" = 20'-0". Maps to be done in AutoCAD/Civil 3D.
• Information on drainage pipes, invert elevations, manholes, drain inlets, pipe outlets, and drainage channels.
• Spot elevations at all site features, top & bottom of curb (every 25'), top and bottom of walls and steps (every
25'), road CL and edge (STA. every 50 feet), trees over 6".
• Existing utility (i.e. gas, water sewer) information including pipe sizes, material, invert, rim elevations, valve
boxes, and OH utility.
• Locate existing structural, fence, retaining wall, guardrail, bollard stone wall information within project area.
• Curb & gutter information within project area, including elevation information every 25'.
• Locate and label all waterways within project limits.
• Property lines to be tied to reference points.
• Easement information (permanent, temporary, emergency access road).
• Town Benchmarks - see attached.
• Deliverables:
o CAD file of the topographic survey.
o PDF in 24"x36" with north arrow, legend, and scale.
Thanks,
1 .11,1�f Illy`
AMa 5Z�4aod, 517
sea
Town nl ln: AItry. YWi.
26319 Fren',CiW Road. Lo; Alto, hili
P 6509112,111 F 6,0941 ;t60
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E akhanal@losaltoshills.cagov
o®9 Stay informed.
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SANTA CLARA COUNTY RECORDS
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TOWN OF LOS ALTOS HILLS
JOHN W RIL Y CIVIL ENGI EER LOS ALTOS
SCALE 1” 50' CALIFORNIA 1977
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74 10 SHELT hNI Or TWO