HomeMy WebLinkAboutCSW/Stuber-Stroeh Engineering Group, Inc.AGREEMENT
THIS AGREEMENT is made and entered into on the 0 ' day of February, 2020 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and CSW/Stuber-Stroeh Engineering Group, 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:
Topographic survey at the Altamont Plunge Pathway
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated February 11, 2020
3. TERMS. The services and/or materials furnished under this Agreement shall
commence February 18, 2020 and shall be completed by March 6, 2020, 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. Seven Thousand
Four Hundred Ten dollars and zero cents ($7,410.00) 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 4
Short form
Updated 4123/10
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:
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
Town of Los Altos Hills Page 2 of 4
Short form
Updated 4/23/10
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 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
Short form
Updated 4/23/10
- L
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.
I
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:
Nichol Bowersox
Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
By: 02/12/2020
... ...... . --.-
Signature Date
All Cornwell, Vice President
Print name, Title
By:
Ca4r'�ahil(,1CW a0Qer Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4123110
Farm UI'9 � Request 'dor Taxpayer � GiveForm to the
an d Certi�fca�lan(Rev. Ac#o4er X018) Identification Number requester. Do not
Department of the Treasury send to the IRS.
Intimal Revenue Service No o towwJrs-9ov1FormW9 for Instructions and the latest Information. i MMJ
1 Name '(as shown on your income tax return). Name is required on this line; do not leave this line blank.
SW/Stub s-Stroeh Engineering Group Inc
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2 Business name/disregarded entity name, If different from above
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following seven boxes.
Individual/sole proprietor or �C corporation S Corporation Partnership Trust/estate
single -member LLC
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Is, disregarded from the owner should check the appropriate box for the tax classification of its owner,
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Address (number, street, and apt. or suite no�) See Instr ootionex
45 Lev'ronl Court
6 'City, state, and ZIP code
Novato, CA 94949.
4 Exemptions (codes amply only to
csrtsin entities, not individuals; see
Instructions on page ),
Sxernpt payee code (if .any)
Exemption from FATCA reporting.
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Enter your TIN in the appropriate boat. The 71N provided must snatch the name given on lire 'I to avoid Social secutity number
backup withholding. For individuals, this Is generally your° social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Instructions f or Part 1, later. For other
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Number To Give the Requester for guidelines on whose number to enter,
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'14 __1 t) V/ A
Certffication
Under penalties of perjury, I certify that:
1. The number shorn on this form is my correct taxpayer identification number (or I am waiting for a number to be Issued to me), and
. I am not subject to backup withholding because: () I ani exempt from backup Withholding, or (b) I have not been notified by the. Intergyral Revenue
Service (IRS) that I ern subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IIS has notified me that I am
no longer subject to backup withholdin and
e 1 am a U.S. citizen or other U.& per -son (.defined below), and
. The FATCA code(s) entered on this form (If any) indicating that 1 am exempt from FATCA reporting Is correct..
Certification instructions. You must.cross.out Item 2 above if you have been notified by the IFS that you are currently subject to backup withholding because
you have failed to report all Interest and dividends on your tax return. For reap estate transactions, Item 2 does not apply, For mortgage interest paid,
aoquisition or abandonment of secured property, cancellation of debt, contributions to an'Individual retirement arrangement (IRA), arra generally, payments
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Signature of
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iuU J4J_�!"1_P_L
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Section references are to the Internal Revenue Code unless otherwise
holm.
Futuredevelopments. For the latest Information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were ,published, 90 to wwm1rs.. ov1Fbrm°V 9.
Purpose of Form
An Individual or entity (Form W-9 requester) who is required to file an
Information return with the IRS must obtain your correct taxpayer
Identification number '"IN) which may be your social security number
(SSI' )► Individual taxpayer Identification number (ITIN), adoption
taxpayer Identification number ( TIN), or employer Identification number
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returns include, but are not limited to, the following,
# Form 1099-I T (interest earned or paint)
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Form 1009-MISC. (various types of Income, prizes, awards, or gross
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Use Form W-9 only If you are a U.S, person (including a resident
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be subject to backup withholding. See What is backup withholding,
later.
Cat, No. 10231X Form W- �Rev.10-2018)
45 Leveroni Court 415.8819850 Berkeley
Novato, CA 94949 Fax: 415,883-9835 Novato
www...c.s.ws.t.2.,.co.rn. Petaluma
............ .. .. ...... . .. ...... ...
C Redwood City
W Sft T 2 Sacramento
CSW/ Stuber- Stroeh Engineering Group, Inc. Engineers Land Planners Surveyors
Rev: February 11, 2020
Date: February 11, 2020
File: 201002r -x
5
Christine Hoffmann sent via email: cho ffmannglo s altos hills. ca. gov
Assistant Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
RE: LOS ALTOS HILLS ALTAMONT PLUNGE SURVEY
Dear Christine:
CSW/ Stub er-Stroeh Engineering Group, Inc. (CSW I ST2) appreciates the opportunity to
present our proposal for topographic and boundary mapping services at the frontage of 25560
Alamont Rd in Los Altos Hills., CA. The following comprises our scope of services, fees and
schedule.
SCOPE OF SERVICES
TOPOGRAPHIC SURVEY AND MAP
CSW I ST2 will conduct a topographic survey of a portion of 25560 Alamont Rd in Los Altos
Hills the extent of which is shown on the attached sketch. The topographic survey will tie into
existing record monuments on site as horizontal datum. Once the field survey is complete we
will reduce the collected field data., create CAD line work, build a surface., and generate
contours for the topographic base drawing. Once the base is complete we will create a
Topographic Map with annotation.,, notes.., and spot elevations. The Topographic Map will be
prepared on a 24"x36" sheet at an appropriate engineering scale of 1"-20' or 1"=30'. The
field survey and topographic map will collect and depict the following:
1. Horizontal Datum will be based on record bearings and found monuments in the field
2. Vertical Datum will be assumed.
3. Boundary lines will be shown based on a retracement of 375 of Maps, page 52, Santa
Clara County Records.
4. One foot contours
5. Spot Elevations on hardscape, features, flat areas, grade breaks, etc.
6. Retaining walls, seat walls, decorative walls, etc.
7. Fences
8. Concrete and pavement areas
9. Curbs and pathways
10. Observed surface utilities (utility boxes, vaults, meters., valves., etc.)
11. Drainage structures with rim/grate elevation and bottom of structure (if accessible)
W:\AD-NOV\WP\7\PROPOSAL TEIvIPLATES\Response to Comments Letter Template.docx
CSW I S T 2
Los Altos Hills
February 11, 2020
Page 2
12. Sewer structures such as man holes, and cleanouts with rim elevation
13. Trees greater than 6" in diameter (measured at breast height)
14. Building Corners and structures
Deliverable: Signed and stamped PDF and a zip file containing all the AutoCAD files of the
Topographic Survey Map.
Our scope includes the services outlined in the Scope of Services section above, but excludes
the preparation of a Record of Survey. If over the course of the survey any of the items listed
under section 8762(a -f) of the Professional Land Surveyors' Act are triggered, it requires the
filing of a Record of Survey Map with the local county, per California State Law, which is not
included in this scope of work and will require a change order.
FEES
CSW I ST2 agrees to provide the services described on a time and expense not to exceed basis
with a budget estimate of $7,410 based on our current Hourly Rates and Billing Policy, a copy
of which is enclosed.
The budget is based on the assumption of us locating monuments and not finding any
ambiguities on the distances between the monuments. Since someone else set stakes recently
that the Town wants us to check we are assuming the monuments are there and match the
recorded map. With that said, if the monuments are off (material discrepancy) we would be on
the hook for filing a Record of Survey and would then need to process a change order to
prepare the map as we are required by law (8762 of the Professional Lands Surveyors' Act) to
file.
Invoices for services rendered will be issued on a monthly basis. Payment terms are net 30
days from the date of the invoice. Late payments are subject to interest charges at the rate of
18% per annum.
Reimbursable costs for printing, supplies, agency submittal/permit fees, travel and other
miscellaneous or incidental expenses will be billed in addition to the amounts shown above in
accordance with our enclosed Billing Policy.
CLIENT TO PROVIDE
The following is a list of items to be provided to us in order to perform the above Scope of
Services:
Executed Contract
Completed Request for Project Information form
PAProjects\2010025 Los Altos Hills Altamont Plunge Survey\DOC\100 Administration\101 Proposal\2020-02-10 Los Altos Hills Plunge Survey.docx
CSW ST2
Los Altos Hills
February 11, 2020
Page 3
Project Manager to serve as single point of contact
Access to the site
Payment of all Government, Agency or other fees
ADDITIONAL SERVICES
CSW I ST2 agrees to perform all of the items listed in the Scope of Services. However the
following items are excluded from the Scope of Services of this contract. They may be added
at the request of the Owner as a revision to this proposal-, or under a future proposal of
amendment. Fees for these services will be billed on a time and expense basis, in accordance
with out then current Hourly Rates and Billing Policy, with a budget estimate provided or for
a fixed fee based upon a defined scope of work. Additional items CSW I ST2 can provide
include (but are not limited to):
0 Legal Descriptions
0 Civil Engineering Design
0 Grading and Drainage
0 Utility Design
0 Erosion Control Design
0 Storm Water Pollution Prevention Plan (SWPPP)
0 Construction Staking
0 Construction Administration
SERVICES AND STANDARD OF CARE
CSW/Stuber-Stroeh Engineering Group, Inc.'s (CSW I ST2's) services shall be limited to those
expressly set forth above. CSW I ST2 shall have no other obligations or responsibilities for the
project except as agreed to in writing, or as provided in this agreement. CSW I ST2's services
shall be provided consistent with, and limited to, the standard of care applicable to such
services. CSW I ST2 shall provide its services consistent with the professional skill and care
ordinarily provided by consultants practicing in the same or similar locality under the same or
similar circumstances.
SCHF.DUTT,
CSW I ST2 can begin work immediately after receiving notice to proceed in writing.
We understand this project has a tight timeline and are committed to deliver the topographic
and retracement boundary survey by the end of the month. With that said.,, if there is any
trigger under 8762 requiring a Record of Survey we will need additional time to prepare the
map and file with the County within 90 days of releasing the topographic map to the Town of
Los Altos Hills.
P:\Projects\2010025 Los Altos Hills Altamont Plunge Suj--vey\DOC\ 100 Administration\ 101 Prop os al\2020-02- 10 Los Altos Hills Plunge Survey.docx
CSW S
Los Altos Hills
February 11, 2020
Page 4
If this proposal is acceptable, please forward your Professional Service Agreement documents
to my attention for our review.
If you have any questions or wish to modify the Scope of Services, please call/email me.
CSW I ST2 provides services for a variety of agencies and clientele in this vicinity. To our
knowledge, none present a conflict of interest to our serving on this project team. If you have
specific concerns, please call and I will provide any additionally required information.
Thank you for considering CSW I ST2 to assist you in the development of your project. We
look forward to working with you and your team.
Sincerely,
CSW/STUBE STROEH ENGINEERING GROUP., INC.
if
Joshoelbing
.L. 493PS 492
87
S.U.A. S. Remote Pil t
JLW:jIw
Enclosures as noted
P:\Projects\2010025 Los Altos Hills Altamont Plunge Survey\DOC\100 Administration\ 101 Prop os al\ 2020-02- 10 Los Altos Hills Plunge Sutvey.docx
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45 Leveroni Court Tel: 415.883.9850 Berkeley
C50" k W T 2 Novato, CA 94949 Fax: 415.883.9835 Novato
www.cswst2.com Petaluma
Pleasanton
Redwood City
Richmond
Sacramento
CSW/Stuber-Stroeh Engineering Group, Inc. Engineers I Land Planners ( Surveyors
WORK CONFIRMATION
File Number: 2010025 Client No.: Contact: Christine Hoffmann
CLIENT NAME: Town of Los Altos Hills Phone: 650 947 2541
Address: 26379 Fremont Road Fax:
City, State, Zip: Los Altos Hills, CA 94022 Email: choffmannglosaltoshills. ca. gov
BILLING INFO. (If Different from Client):
Bill to Name: same Attn:
Address: Phone:
City, State, Zip: Fax:
PROJECT NAME: LOS ALTOS HILLS PLUNGE SURVEY
Project Address: 25560 Altamont Rd City: Los Altos Hills
Description of Work: Professional services as described in our proposal dated 2/11/20 (copy attached).
Client Will Provide: Items specified in our proposal dated 2/11/20 (copy attached).
Client to be Provided With:
Professional services as described in our proposal dated 2/11/20 (copy attached).
BILLING INFORMATION: Work will be Invoiced: Monthly: x Upon Completion:
Fixed Fee: $ T&E Not to Exceed: x $ 7410 (N.T.E.)
Billing Basis for Proposed Work (Check One): % Complete: Hourly Rates: x Other (Explain Below):
`Hourly rates will be in conformity with Hourly Rates and Billing Policy Schedule, effective July 1, 2019, a copy of which is attached and
made an integral part of this Agreement.
This proposal is valid for 30 days from the date of the attached Proposal Letter.
IN WITNESS WHEREOF, the parties hereto have accepted, made and executed this agreement upon the terms, conditions, and
provisions above stated and on the attached CSW/Stuber-Stroeh Engineering Group, Inc. Contract Terms and Conditions.
Agreed to at Novato, California.
LOS ALTOS HILLS CSW/STUBER-STROEH ENGINEERING GROUP, INC.
By: By:
Date:
Date:
Robert C. Stevens, R.C.E. # 58660
PIC Initials
WAAD-NOV\WP\FORAMS - Contract\Work_Confirma6on.docx Date Prepared 2/11/2020