HomeMy WebLinkAboutRail Surveyors and Engineers, Inc. (6)AGREEMENT
THIS AGREEMENT is made and entered into on the �6 day of October, 2020 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Rail Surveyors and Engineers, 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:
Survey and stake the boundary of the easement between
East Sunset Drive and West Sunset Drive.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated September 29, 2020
3. TERMS. The services and/or materials furnished under this Agreement shall
commence October 19, 2020 and shall be completed by December 4, 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 Eight thousand two
hundred fify dollars and zero cents ($8,250.00) 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 4123110
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:
By:
Sig re
Phil Leong, PE
Print name, Title
10/16/2020
Date
President
TOWN OF LOS ALTOS HILLS:
By: r -20-.2
Carl Cahill, City Manager Date
Page 4 of 4
Form
-9
request for 'taxpayer
Give Form to the
(Rev. December 2014)
Identification Number and Certification
requester. Do not
Department
of the Treasury
send to the IRS.
Internal Revenue Service
1 Name (as shown on your Income tax return). Name is required on this line; do not leave this line blank.
Rail Surveyors and Engineers, Inc.
N
2 Business name/disregarded entity name, if different from above
m
RSE, Inc,
°
c
3 Check appropriate box for federal tax classification; check only one of the following seven boxes:
4 Exemptions (codes apply only to
°
❑ Indivldual/sole proprietor or ❑ C Corporation ✓ S corporation
p ❑ p ❑ Partnership
❑ Trust/estate
certain entitles, not individuals; see
instructions on page 3):
4)c
o
single -member LLC
Limited liability company. Enter the tax classification C=C corporation, S=S corporation, P=partnership) ►
Exempt payee code (if any)
`p M
Note. For a single -member LLC that Is disregarded, do not check LLC; check the appropriate box In
the line above for
Exemption from FATCA reporting
c c
the tax classification of the single -member owner.
code (if any)
pC —
❑ Other (see instructions) ►
(Applies to accounts maintained outside the U.S.)
LEU
5 Address (number, street, and apt. or suite no.)
Requester's name and address (optional)
1075 Old County Road, Suite D
Town of Los Altos Hills
26379 Fremont Road
6 City, state, and ZIP code
cn
Belmont, CA 94002
Los Altos Hill, CA 94022
7 List account number(s) here (optional)
Taxpayer Identification Number (TIN)
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 ( page However, for a FM_M_
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entitles, it is your employer identification number (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 instructions for line 1 and the chart on page 4 for I Employer identification number
guidelines on whose number to enter.
9 4— 3 4 0 7 9 9 6
FETIM Certification
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 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 codes) entered on this form (if 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 on page 3.
Sign Signature of Here U.S. person ►*Nsk�Date ► October 16, 2020
General Instructions
Section references are to the Internal Revenue Code unless otherwise noted.
Future developments. Information about developments affecting Form W-9 (such
as legislation enacted after we release it) Is at wwwdrs.gov/fw9.
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 (]TIN), 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)
• 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? on page 2.
By signing the filled -out form, you:
1. Certify that the TIN you are giving Is correct (or you are waiting for a number
to be Issued),
2. Certify that you are not subject to backup withholding, or
3. Claim 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, and
4• Certify that FATCA code(s) entered on this form (if any) Indicating that you are
exempt from the FATCA reporting, Is correct. See What is FATCA reporting? on
page 2 for further Information,
Cat. No. 10231X Form W-9 (Rev. 12-2014)
Rail Surveyors and Engineers, Inc.
1075 Old County Road, Suite D
Belmont, CA 94002
Tel: (650) 637-9500 J Fax: (650) 637-9501
www.rsecorp.com
September 29, 2020
Christine Hoffmann—Assistant Engineer
Town of Los Altos Hills I Public Works Engineering
26379 Fremont Road, Los Altos Hills, CA 94022
Subject: East/West Sunset Survey
Dear Ms. Hoffmann,
RSE Inc. appreciates the opportunity to provide services for the above referenced project. The following scope of
services with associated fees is based upon our understanding of the project, per the information you provided and
the below referenced Exhibit 1.
Exhibit 1:
RSE Scope of Work
1. Research required property information to establish the property limits of both 13190 and 13201 Burke Rd
in Los Altos Hills, CA
2. Survey boundary monumentation as needed to calculate the location of the easement
3. Calculate limits of parcels/lots and establish easement based on record documents
4. Stake limits of easement from W Sunset Dr to E Sunset Drive across aforementioned properties at all angle
points and every 100'
5. It is assumed the area has dense vegetation. It is assumed access to properties is coordinated by others.
6. If there is significant poisonous plant growth at the project site the schedule will likely be impacted due to
the lack of availability of personal protective wear. Personal protective wear will be charged at costs from
the nearest available supplier.
7. Deliverables:
a. CADD file containing survey linework, calculations, and staked points
b. Exhibit showing set stakes in reference to lot lines
Fee:
$8,250 — To be matched with proposal for Matadero
Schedule:
15 days from NTP
Thank you for the invitation to submit this proposal. We look forward to the opportunity to provide surveying
services on this project.
Sincerely,
Rail Surveyors Engineers, Inc.
Cody Festa, PLS
Survey Manager
650.865.0172
Rail Surveyors and Engineers, Inc. 1075 Old County Road, Suite D I Belmont, CA 94002
(650) 637-9500 (ph) (650) 637-9501 (fax) I www.rsecorp.com