HomeMy WebLinkAboutCSW/Stuber-Stroeh Engineering Group, Inc. (2)AGREEMENT
THIS AGREEMENT is made and entered into on the 304`6 day of litt , 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:
CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Due to discrepancies identified during survey work for
Altamont Plunge Survey, complete additional services to
prepare a Record of Survey per 8762 of the Professional
Land Surveyors' Act through the Santa Clara County
Surveyor.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated June 18, 2020
3. TERMS. The services and/or materials furnished under this Agreement shall
commence February 18, 2020 and shall be completed by July 1, 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 Three thousand
dollars and zero cents ($3,000.00) 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.
Town of Los Altos Hills Page 1 of 4
Short form
Updated 4/23/10
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:
WORKERS COMPENSATION INSURANCE: Minimum statutory
limits.
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
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:
Nichol Bowersox
Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 4/23/10
CONTRACTOR:
06/30/2020
Signature Date
Robert Stevens, President
Print name, Title
TOWN OF LOS ALTOS HILLS:
By: c�i Lu�L '�) ' 7
Carl Cahill, City Manager l5ate
Page 4 of 4
Request for Taxpayer
Fem1 9
(Rev. October 2018) Identification Number and Certification
Department
of the Treasury
In{emal Revenue Service ► Go to wwwdfs,govlFormM for instructions and the latest information.
on your
ing Group Inc
nama; if dlfferent
3 Check appropriate box for federal tax otassiflcation of the person whose name Is entered on line 1. Check only one of the
following seven boxes.
❑ Individual/sole proprietor or d c Corporation ❑ 8 Corporation ❑ Partnership. ❑ Trust/estate
single -member LLC
Give Form to the
requester, Do not
send to the IRS.
4 exemptions (oodes apply only to
curtain entities, not individuals; see
Instructions on page 3);
exempt paye9 code (if any)
❑ Limited liability bompany, enter the tax clasOloatbh (CSC corporation, 8=8 corporation, P=Partnership)►
Nates Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check exemptlon from FATOA reporting
LLO If the LLC is classified as a singlo-membor LLC that Is dleragarded from the owner unless the owner of the LLC Is Code (if any)
another LLB that Is not disregarded from the owner for U4. federal tax purposed. Otherwise, a shale -member LLC that --
Is disregarded from the owner should check the appropriate. box for the tax classification of Its owner,
45 Leveroni Court
Novato, CA 94949
(A.P#182 ro acwunts rtWq(#M0d OU?$[do Uta u.8)
Enter your TIN In the appropriate box, The TIN provided must match the name given on line 1 to avoid Social security
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 for Part I, later, For other
entities, It is your employer identification number (eIN). If you do not have a number, see Now to got a HE
ilN, later. or
Note; If the account Is In more than one name, see the instructions for line 1, Also see What Name and Fmpfoyer idents
Number To Give the Requester for guidelines on whose number to enter, Mo
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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 waiting for a number to be Issued to me); and
2,1 am not subject to backup withholding becaus®: ((a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that 1 am subject to backup withholdIngg 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
8.1 am a U.S. citizen or other U.S, person (defined below); and
4. The FATCA code(s) entered on this form (if 'any) Indicating that I am exempt from FATCA reporting Is correct.
Certification Instructions; You must.oross.out Item 2 above if you have been notified by the IRS that ycu are currently subject to backup withholding because
you have failed to report all interact 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 for Part II, later,
04yr r Signature of I
Here U.S. person t« 1MA , A Loh av\--.) Date 0- 1 ;3 Da 0
Generali
Section references are to the internal Revenue Code unless otherwise
noted,
Future developments. For the latest information about developments
related to Form W-9 and its instructions, such as legislation enacted
after they were published, 90 to www./tt gov1FormW9,
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 (TiN) which may be your social security number
(SSN), Individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an Information return the amount paid to you, or other
amount reportable on an information return. Examples of information
returns include, but are not limited to, the following,
• Form 1099 -INT (Interest earned or paid)
Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
+ Form 1099-MISC (various types of Income, prizes, awards, or gross
proceeds)
ol Form 1099-t3 (stock or mutual fund sales and certain other
transactions by brokers)
• Form 1099-5 (proceeds from real estate transactions)
• Form 1099-K (merchant card and third party network transactions)
a Form 1098 (home mortgage Interest), 1098-E (student loan Interest),
1098-T (tuition)
a Form 1099-0 (canceled debt)
Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S, person (including a resident
allen), to provide your correct TIN.
if you do not return Form W-9 to the requester with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Bat, No. 10231X Form W-9 (Rev, 10.2018)
45 Leveroni Court Tel: 415.883.9850
Novato. CA 94949 fax: 415.883.9835
www.cswst2.com
CSW IST
CSW/Stuber•Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors
Date: June 18, 2020
File: 2010025
Christine Hoffmann choffinannalosaltoshills. ca. gov
Assistant Engineer
Town of Los Altos Hills
26379 Fremont Rd
Los Altos Hills, CA 94022
RE: LOS ALTOS HILLS ALTAMONT PLUNGE SURVEY
CONFIRMATION OF ADDITIONAL SERVICES NO. 1
Dear Christine:
Berkeley
Novato
Petaluma
Redwood City
Sacramento
Enclosed is Confirmation of Additional Services No. 1 (CAS1) to cover the services we are
performing in connection with the Record of Survey we had to prepare due to ambiguities in
the monuments over the course of our field survey on the Altamont Plunge Project.
If you find this Confirmation of Additional Services acceptable, please issue a Contract
Amendment to our existing agreement to cover these services.
If you have any questions, please call me.
Sincerely,
CSW
I
Josh Woelbing
P.L.S. #9387}�
s.U.A.S. Remd
JLW
Enclosures
ENGINEERING GROUP, INC.
Pilot #4117625
W:\AD-NOV\WP\4\4116800\Cotitracts\2014-07-24__CAS.docx
CSW I S T 2
45 Leveroni Court 415.883.9850
Novato, CA 94949 Fax: 415.883.9835
www.cswst2.com
CSW/Stuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors
CONFIRMATION OF ADDITIONAL SERVICES
File No.: 2010025 Confirmation No.:
Project: Los Altos Hills Altamont Plunge Survey
Client: Town of Los Altos IIills (Contact: Christine Hoffmann)
DESCRIPTION OF WORK:
Date: 6/18/2020
Preparing a Record of Survey per 8762 of the Professional Land Surveyors' Act due to found material discrepancy
between record monuments. Record of Survey has been submitted to Santa Clara County Surveyor for review and
comment. This T&E NTE change order includes the $600 Record of Survey fee and a $84 Record fee once the
Record of Survey has completed the review process.
ORIGINAL CONTRACT PRICE: (Per Contract Dated: ) $ 7,410
Net Changes by Previously Authorized Additional Services: $ 0
Contract Sum Prior to this Confirmation: $ 0
Amount Contract will be INCREASED / DECREASED for these services: $ $3,000 (T&E NTE)
REVISED CONTRACT PRICE: (Per Date of this Confirmation) $ 10,410 (TE TBD)
This Completion Time will be Adjusted as follows:
THE CONTRACT PRICE OF THE ABOVE -REFERENCED CONTRACT IS HEREBY ADJUSTED AS
DESCRIBED IN THIS CONFIRMATION OF ADDITIONAL SERVICES AND AS PROVIDED IN THE
"CSW I STUBER-STROEH ENGINEERING GROUP, INC. CONTRACT TERMS AND CONDITIONS." IF
WE DO NOT RECEIVE WRITTEN AUTHORIZATION WITHIN THREE BUSINESS DAYS AND PROCEED
WITH THE WORK COVERED BY THIS CONFIRMATION, THE CONFIRMATION WILL HAVE THE SAME
EFFECT AS IF IT WERE SIGNED. ALL OF THE TERMS, COVENANTS AND CONDITIONS OF THE
ABOVE -REFERENCED CONTRACT, AND THE ASSOCIATED "CSW/STUBER-STROEH ENGINEERING
GROUP, INC. CONTRACT TERMS AND CONDITIONS," EXCEPT AS DULY MODIFIED BY THIS AND
PREVIOUS CONFIRMATIONS, IF ANY, REMAIN IN FULL FORCE AND EFFECT.
PLEASE SIGN AND RETURN BOTH COPIES OF THIS CONFIRMATION. WE WILL
RETURN A SIGNED COPY TO YOU FOR YOUR RECORDS.
CLIENT: TOWN OF LOS ALTOS HILLS
I
TITLE:
DATE:
APPROVALS
CONSULTANT: CSW/STUBER-STROEH
ENGINEERING GROUP, INC.
BY:
TITLE:
DATE:
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