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HomeMy WebLinkAboutGuiliani & Kull-San Jose, Inc. 05.29.2025 (2)AGREEMENT THIS AGREEMENT is made and entered into on theAAy of May 2025 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 survey staking services for the northerly portion of Magdalpna Road per Town requirements and EXHIBIT A. • Provide topographic survey for the northerly portion of Magdalena Road per Town requirements and 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 16, 2025. 3. TERMS. The services and/or materials furnished under this Agreement shall commence May 27, 2025 and shall be completed by July 25, 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 eighteen thousand four hundred dollars ($18,400.00) 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. Town of Los Altos Hills Page 1 of 5 Short form Updated 4128122 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 premisesloperation, all on an occurrence basis. If an aggregate limit exists, it s"ll 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 Page 2 of 5 short fam Updated 4126122 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. 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 Town of Los Altos Hllls Page 3 of 5 Short form Updated 4/26/22 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 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 Assistant Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By: Signature Date TOWN IN Print name, Title Town of Los Altos Hills Page 4 of 5 Short form Updated 4/26122 Form W111119 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Depamllent Of the rleawlsend to the IRS, Name (as shown on your income tax return) ni Business name, if different from above 0 Check appropriate box: El Individual/Softe proprietor Corporation Partnership ❑ Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation, P=pnrinership) Exempt It 0 0 other (see ineirL^,tiors" 1* --- Address (number, street, and aptor suite no.) Fi4jwier's name and address (optional) /Veso 5725 Y Vm ----- Town Of Los Altos Hills W-- -- .0 City, atato. and ZIP coda 20379 Fremont Road k ? — Los Altos Hills, CA 94022 -3-.ca ' - - z - & coar nt number(a) (optional) Enter Your TIN in the appropriate box. The TIN provided rnLlSt snatch the narne given on Line 1 to avoid Social wouirity 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 Oil Page 3. For al., entities, it is your employer identification number (EIN). It You do not have a number, see How to got a 77N on page 3. or Note. If the account Is In inore, than ono name, see the chart oil page 4 for guidelines on whose Employer Identification norriber number to enter. '0�,o I Under penalties Of perjury, I certify that: 1. The nurnbor 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 rris 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 I U.S. person 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 all 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), Z Certify that You are not subject to backup withholding, or 3. Clairn 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: * 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 301.7701-7). 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 not income from tile partnership conducting a trade or business in the United States is in the following cases: T" "o . a . owner viauisrogiruouentity and not the entity, Cat. No. 10231X Form W-0 (Rev. 10-2007), Engineers - Planners - Surveyors Revised May 16, 2025 Asthe Khanal Town of Los Altos Mills, 26379 Fremont Road Los Altos Mills, CA 94022 re: Proposal for Surveying Services Topographic Surveying Services along the North Side of Magdalena Road, between Camino Hermosa and 10631 Magdelena Road. Los Altos Mills, California Dear Astha; Thank you for the opportunity to offer surveying services for your project in Los Altos Mills. The attached proposal describes in detail the specific surveying task items required for providing surveying services for constructing pathways along the northerly portion of Magdalena Road, starting at Camino Hermosa, and ending at 10631 Magdalena Road, in the Town of Los Altos Mills. 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. 22 The costs of doing this work is based upon our doing both task items at the same time. If these task items are to be done at different times, then these costs will need to be revised upwards due to the additional time involved in doing them separately. 2. This is not a boundary survey, as there might be small discrepancies between the record information and the actual property lines that a true boundary survey would determine. We took forward to working with you an 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 Magdalena Rd. pathway Survey Page 1 of 6 Pages EXHIBIT "A" AGREEMENT PROPOSAL FOR SURVEYING SERVICES Topographic Surveying Services along Magdalena Road, Between Camino Hermosa and 10631 Magdalena Road, 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 the North side of Magdalena Road, between Camino Hermosa and 10631 Magdalena Road, in the Town Los Altos Hills, California SCOPE OF SERVICES The following scope of services is offered for the completion of the surveying work effort: Task 1 - Topographe Surveying along Magdalena Road Giuliani & Kull -San Jose, Inc. will provide topographic surveying services for the proposed pathway along Magdalena Road, between Camino Hermosa and 10631 Magdalena Rd. Pathway Survey Page 2 of 6 Pages Magdalena road. We will prepare a Partial Topographic Survey of the street roadway, as well as the area on the northerly side of Magdalena Road, between the edge of the roadway and the right of way line, 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 16, 2025, whicih are also attached hereto.. Files for the 24" x 36" Topographic Survey will be provided In both an Autocad fiile, as well as a PDF file. Las 2 - Staking of the northerly Right of Way line along Magdalena Road The approximate northerly Right of Way lines for Magdalena Road will be shown upon the survey, based upon record information, and said line will be marked with wooden stakes, at approximately 50 foot intervals, and/or at angle points, to the best of our abilities. However, this is not a boundary survey, and so there might be small discrepancies between the record information and the actual property lines that a true boundary survey would determine. The coordinates of the stakes placed for the approximate northerly Right of Way line of Magdalena Road will be provided In ASCII format, which will be based upon a CPS grid line of our choosing. A staking plat, for said Right of Way stakes, will be provided in PDF format. 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 approximate property lines will shown upon the survey, to the best of our abilities. However, this is not a boundary survey, as there might be small discrepancies between the record information and the actual property lines that a true boundary survey would show.) 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, Magdalena Rd. Pathway Survey Page 3 of 6 Pages See Exhibit "B" See Exhibit "C" 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 Joso, Inc. Town of Los Altos Hills Mark A. Helton, PE, PLS Peter Pirnejad M EXHIBIT "B" COMPLETION OF WORK Magdalena Rd. Pathway Surrey Page 4 of 6 Pages This work shall be performed within thirty (30) calendar days of our notice to proceed. EXHIBIT "C" COST OF SERVICES Magdalena Rd. Pathway Survey Page 5 of 6 Pages The professional services described in the Scope of Services are offered for the following fees: Task 1 - Topographic Surveying along Magdalena Road* $13,600.00* Task 2 - Staking the northerly Right of Way Line of Magdalena Road* $4,800.00* TOTAL COST OF SERVICES $18,400.00* * Note: The costs of doing this work is based upon our doing both task items at the same time. If these task items are to be done at different times, then these costs will need to be revised upwards due to the additional time involved in doing them separately. 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. Magdalena Rd. Pathway Survey Page 6 of 6 Pages ualifleations for Providing Surveying Sp _ XY tL&ttors flllj5 Giuliani & Kull -Sari 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, he currently is the City Sui-veyor for both the City of Los Altos, Cupertino, Burlingame, Sunnyvale, as well as the City of Saratoga, He has worked with the `rown ot'Los Altos Hills Public Works Departinctit staff for over 30 year -s. The firrn's capabilities span a broad spectrum of both public improvements and private development projects. Our staffs expertise includes the following areas orspecializations: Subdivision Mapping (Tract Maps & Parcel Maps) Record of Surveys Legal Descriptions Plats ALTA/ACSM Surveys ,.Topographic Sut-veys 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 Altos Hills. In addition, we have worked directly for the Town of Los Altos Hills Public Works Department for their various sui-veying needs. Giuliani & Kull -San Jose, Inc, has had. tire Opportunity of working on over 100 different projects throughout the "town of Los Altos Hills in the past 30 years, including: As#ha Khanal From: Astha Khanal Sent: Wednesday, April 16, 2025 11:06 AM To: Mark Helton Cc: John Chau; WooJae Kim Subject: Magdalena Ave. Pathway Project - Staking & Topographic Survey Proposal Request Attachments: LAH list of benchmark updated 8.08.2019_201908081125354339.pdf; EXH. 1 - 2025 Magdalena Ave. Pathway.pdf Hi Mark, I hope you are doing well. The Town is requesting a proposal for a topographic survey and survey staking work for a future proposed pathway project along the highlighted segments of Magdalena Avenue (See EXH. 1 attached). Topo ra hip is Survey Re uirgments: • Locate all property lines (R.O.W.) within survey limits. • One -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. • Defly rabk o CAD file of the topographic survey. o PDF in 24"x36" with north arrow, legend, and scale. Survey Staking Re uireMe ts: • Staking to be done every 50' on the easement/property line/ROW line and at direction changes or critical junctions. • Deliverables; o GPS coordinates of stakes. o Staking CAD file deliverable showing location, distances of stakes, GPS coordinates of stakes. o PDF of staking plot. Thanks, a cis hwAM4 Va,zae' 917 Assistant Engineer Town of Los Altos Hills 00-4 26379 Fremont Road, Los Altos Hills, CA 94022 CALIFORNIA P: 650-947-25411 F: 650-941-3160 E: akhanalC"« losaltoshills.ca.pov 0 Q Stav informed. Sign-up to take Town Surveys! 'LlP, : , 59,..5 .. l +,•" /4 r �\ l � J .}E\\ lei 2�%{1) y!<,� ��a�.'::)� /JJ,�✓f \ t•?f`,tS'3 - a 7?i�` ht 131; -SO 41,0723 0790 ~'mo i. a � � r;r7't`ti o "4fC•') _, ���t,.' °spq 255' i?n51 � .h :At'J.; t3i'LU i'•(i'. A 1,176. at••. #o "Wa 1W ? h{ t1) .�i3J^ 17}:�' ^^*•+a (�Yt. f$�"j( y _acy. �: