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HomeMy WebLinkAboutCSW/Stuber-Stroeh Engineering Group, IncAGREEMENT THIS AGREEMENT is made and entered into on the lt' gday of February, 2021 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, boundary survey, and easement staking at 27290 and 27296 Byrne Park Lane. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 2, 2021 3. TERMS. The services and/or materials furnished under this Agreement shall commence February 8, 2021 and shall be completed by March 26, 2021, 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 six hundred twenty-nine dollars and zero cents ($7,629) 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 forth 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: CONTRACTOR: Nichol Bowersox �- Public Works Director Town of Los Altos Hills By: ✓� 02/08/2021 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 Robert Stevens CEO/President Print name, Title TOWN OF LOS ALTOS HIL S: By. �29 l� 21 Carl Cahill, City Manager Da e Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 Form Request for Taxpayer Give Form to the (Rev. October 201 B) Identification Number and Certification requester. Do not Departmentof the Sesend to the IRS. Service ► Go to www.irs.gov/For'mW9 for instructions and the latest information. Inte nnalRevenue 1 Name (as shown an your income tax return). Name is required on this line; do not leave this line blank. CSW-STUBER-STROEH ENGINEERING GROUP INC 2 Business name/disregarded entity name, if different from above CSW ST2 w3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 _ Check only one of the 4 Exemptions (codes apply only to following seven boxes. certain entities, not Individuals, see CL instructions on page 3): C ❑ IndlviduaVsole proprietor or ® C Corporation ❑ S Corporation ❑ Partnership ❑ Trust/estate m single -member LLC Exempt Pt payee code (if any) ❑ United liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) No - 0 p Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is code (if any) C another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that 0. is disregarded from the owner should check the appropriate box for the tax classification of its owner. ❑ Other (see instructions) ► r4aphs to -ft rtw t&"d w1sA* rhe v.s.r 5 Address (number, street, and apt. or suite no,) Sae Instructions. Requester's name and address (optionaq 45 Leveroni Ct. 8 City, state, and ZIP code Novato CA 94949 7 List account numbers) here (optional) Taxpayer Identification Number IN 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 generally your social security number (SSNHowever, for a resident alienien,,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 get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter. j6j� _ 1 0 j�j'—j 21 Istel o z t 5 1 1 1 7 1 z Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am walling 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); and 4. The FATCA code(s) entered on this form (f any) indicating that I am exempt from FATCA reporting is correct. 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 for Part 11, later. Sign signature of Here U.S. person ► General Instructions 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, go to www.irs.gov/Fom11V9. 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 QTIN), 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) Date► 01/02/2021 • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (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 alien), 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. Cat. No. 10231X Form W-9 (Rev. 10-2018) 45 Leveroni Court 415.883.9850 Novato, CA 94949 Fax: 415.883 9835 www.cswst2.com CSW ST2 CSWIStuber-Stroeh Engineering Group, Inc. Engineers I Land Planners I Surveyors Date: February 2, 2021 File: 2110011 Christine Hoffmann Assistant Engineer Town of Los Altos Hills Public Works Engineering 26379 Fremont Road Los Altos Hills, CA 94022 Berkeley Novato Petaluma Redwood City Sacramento sent via email: choffinann�losaltoshills.ca.gov RE: BYRNE PARK PLUNGE SURVEY LOS ALTOS HILLS Dear Christine: CSW/Stuber-Stroeh Engineering Group, Inc. (CSW I ST2) appreciates the continued opportunity to present our proposal for topographic, staking and boundary mapping services for a portion of Lot 31 and Lot 32 of Tract 5068 Parkside Unit 3 in Los Altos Hills, CA. The following comprises our scope of services, fees and schedule. SCOPE OF SERVICES A. TOPOGRAPHIC SURVEY AND MAP OF EXISTING PATHWAY CSW I ST2 will conduct a topographic survey of a portion of Lot 31 and Lot 32 of Tract 5068 recorded in Book 203 of Maps, page 34 and 35 of Parkside — Unit 3. The topographic survey will concentrate on the existing trail along the common line of Lots 31 and 32 around the easements on said line. The extent of which is shown on the attached sketch. The topographic survey will be done conventionally (no aerial data) and will tie into existing record monuments on site as horizontal datum as shown on Tract No. 4774 (261 M 28). Work will begin by calculating monument positions based on map geometry, which will aid our field crews in locating controlling monuments used as control for the topo and boundary survey. After control is established our field crews will collect topographic data within the extent shown. 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: P:\Projects\2110011 Byrne Pack Los Altos Hills Su—y\D0C\100 Administration\ 101 Proposal\3021-02-01 Byrne Peek Plunge Survey Los Altos Falls (File #2110011).d— CSW ST2 Town of Los Altos Hills February 2, 2021 Page 2 1. Horizontal Datum will be based on record bearings and found monuments in the field per Tract No 4774 2. Vertical Datum will be on North American Vertical Datum of 1988 (NAVD88). NAVD88 elevations will be established by GPS OPUS solution, California Real Time Network (CRTN) or equivalent network/rover or published benchmark. 3. Boundary lines per boundary survey described in scope of services item B. 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) 12. Sewer structures such as man holes, and cleanouts with rim elevation 13. Trees greater than 6" in diameter (measured at breast height) 14. Structures (if any) Deliverable: Signed and stamped PDF and a dip file containing Civil 3D 2018 AutoCAD files and a dip file containingAutoCAD files with exploded AEC objects of the Topographic Survey Map. These two types es files are what will be needed for the various disciplines of a design project. Civil 3D for civil engineering and the explodedAEC object files for architects, landscape architects, structural engineers, joint trench consultants, etc. B. BOUNDARY SURVEY CSW I ST2 will conduct a boundary survey of a portion of Lot 31 and 32 of Tract 5068 Parkside Unit 3 off of Byrne Park lane in Los Altos Hills, CA. The boundary survey will tie into existing monuments as shown on said map recorded in Book 302 of maps, pages 34 and 35 Santa Clara County Records. C. EASEMENT STAKING In addition to the boundary and topographic survey mentioned above we will also stake the location of the 12' pedestrian easement on Lot 13 outlined in orange on the attached sketch. The 15' P.U.E., P.S.S.E. and P.H.C.W.D.E. easements on Lot 31 and 32 outlined in red will also be staked. The easement will be staked every 50 feet. Deliverable: Boundary and monument locationsplotted on the topographic map described in scope of services item A. P:\Projects\2110011 Byrne Pack Los Altos HiOs Survey\DOC\100 Administration\101 Proposal\2021-02-01 Byrne Pack Plunge survey Los Altos Hills (File #2110011).docs CSW ST2 Town of Los Altos Hills February 2, 2021 Page 3 FEES CSW I ST2 agrees to provide the services described above on with a fixed fee of $7,629 in conformance with our current Hourly Rates and Billing Policy, a copy of which is enclosed. 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 • Project Manager to serve as single point of contact • Access to the site • Payment of all Government, Agency or other fees (if any) ASSUMPTIONS The following is a list of assumptions we made in order to determine appropriate fees for the above Scope of Services: • CSW I ST2 is assuming that monuments shown on Tract 5068 are occupying the positions shown on the recorded map. If monuments are found to be occupying alternate positions or any other trigger found in 8762(b) of the Professional Land Surveyors' Act are found over the course of our field work additional field and office time might be needed to prepare a Record of Survey per State law. A Record of Survey is not a part of this scope of work and would be an additional service requiring us to process an add service to our initial contract. • CSW I ST2 is assuming that areas of easements that need to be staked are accessible and do not require removing vegetation to stake easement locations. This estimate does not include time for clearing brush or other vegetation. P:\Projects\2110011 Byme Puk Los Altos Hills S—ey\DOC\100 Administration\101 Proposal\2021-02-01 Byrne Puk Plunge Survey Los Altos Hills (File #2110011).docx CSW ST2 Town of Los Altos Hills February 2, 2021 Page 4 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 or amendment. Fees for these services will be billed on a time and expense basis, in accordance with our 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): Record of Survey Additional Topo beyond extent shown 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. SCHEDULE CSW I ST2 can begin office work immediately and begin field work within one to two weeks after receiving authorization to proceed in writing from the Town. We expect to allocate approximately two weeks for the preparation of items as described in our Scope of Services once field work is underway. If this proposal is acceptable please send over the Towns agreement for us to 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. P:\Projects\2110011 Byrne Park Los Altos Hills Survey\DOC\ 100 Administration\ 101 Proposal\2021-02-01 Byrne Park Plunge Survey Los Altos Fills (File #2110011).docs CSW ST2 Town of Los Altos Hills February 2, 2021 Page 5 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 STROM ENGINEERING GROUP, INC. Joshoelbing P.L. #9387 s.U.A.S. Remote Pil t 4117625 JLW:jlw Enclosures as noted P:\Projects\2110011 Byme Park Los Altos Hills Survey\D0C\100 Administration\101 Proposal\2021-02-01 Byrne Puk Plunge Survey Los Altos Bills (File #2110011).docs �It Aw o� 0 I�t0�9'H \ '•n ��� 9 a>sbl�a CL l LO WI ti� Zvi o f7a/I,IV'�Q +1 u a I a4 0 m co m buO Q 0 m M0 W r -I • •12, ► `so�a a� >` •ey�St. C01• b°� pf6/� � d?i �">i'b a eke., , � tea• •' � � � � ,oma, �QSS• �. 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Engineers I Land Planners I Surveyors BILLING RATE SCHEDULE Effective January 1, 2021 — December 31, 2021 ENGINEERING SERVICES HOURLY RATES Senior Engineer $ 175.00 Engineer I, II, III $ 125.00,$ 152.00,$ 170.00 Technician $ 100.00 SURVEY SERVICES HOURLY RATES Senior Surveyor $175.00 Surveyor I, II, III $ 125.00,$ 152.00,$ 170.00 Technician $ 115.00 Two Person Survey Party $ 275.00 One Person Survey Party $ 195.00 Aerial Drone Surveyor $ 195.00 OTHER PROFESSIONAL RATES Principal $ 225.00 - $ 250.00 Associate Principal $ 215.00 Project Manager $ 190.00 - $ 210.00 Construction Manager $ 205.00 Resident Engineer $ 150.00 Technical Writer $ 120.00 Graphic Illustrator $ 115.00 Project Assistant $ 88.00 • All expenses for transportation (mileage, bridge fare, etc.) will be charged at the Internal Revenue Service rate plus 10%. • Filing fees, checking fees, prints, and other outside costs (such as agency submittal/permit fees etc.) will be charged at cost, plus service charges at the rate of 10%. 0 Billing will be monthly net 30 days.