11-029 Agreement, Ed Ritchie, Heavy Engineering Consultant, Stevens Creek Corridor Park Phase 2 Project CITY OF
AGREEMENT
CITY OF CUPERTINO
/7 10300 Torre Avenue
„ °s� . �' Cupertino CA 95014 �$
CUPERTINO 408- 77 7 -3200 NO. l C7w v
BY THIS AGREEMENT, made and entered into this 22th day of March, 2011, by and between the CITY OF
CUPERTINO (Hereinafter referred to as CITY) and Ed Ritchie Heavy Engineering Consultant; Address:
e-mail: k6sfd @comcast.net (Hereinafter referred
as CONSULTANT), in consideration of their mutual covenants, the parties hereto agree as follows:
CONSULTANT shall provide or furnish the following specified services and/or materials:
Estimating Services for Steven Creek Corridor Park Phase 2 Project
EXHIBITS: The following attached exhibits hereby are made part of this Agreement: NONE
TERMS: The services and /or materials furnished under this Agreement shall commence on March 23, 2011
and shall be completed before December 31, 2011.
COMPENSATION: For the full performance of this Agreement, CITY shall pay CONSULTANT:
Not to Exceed $3,000.00 based on Time and Material without: City approval ($125.00/hr + Expenses)
Califomia Labor Code, Section 1771 requires the payment of prevailing wages to all workers employed on a Public Works contract in excess of
$1,000.00.
GENERAL TERMS AND CONDITIONS
Hold Harmless. Consultant shall, to the fullest extent allowed by law, with respect to all services performed in connection with the Agreement,
indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers from and against any and all liability,
claims, actions, causes of action or demands whatsoever against any of them, including any injury to or death of any person or damage to property
or other liability of any nature, whether physical, emotional, consequential or otherwise, arising out, pertaining to, or related to the performance of
this Agreement by Consultant or Consultant's employees, officers, officials, agents or independent contractors. Such costs and expenses shall
include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation.
Insurance. Should the City require evidence of insurability, Consultant shall file with City a Certificate of Insurance before commencing any services
under this Agreement. Said Certificate shall be subject to the approval of City's Director of Administrative Services.
Non - Discrimination. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national
origin, ancestry, religion or sex of such person.
Interest of Consultant. It is understood and agreed that this Agreement is riot a contract of employment in the sense that the relationship of master
and servant exists between City and undersigned. At all times, Consultant :,hall be deemed to be an independent consultant and Consultant is not
authorized to bind the City to any contracts or other obligations in executing this agreement. Consultant certifies that no one who has or will have
any financial interest under this Agreement is an officer or employee of City.
Changes. This Agreement shall not be assigned or transferred without the written consent of the City. No changes or variations of any kind are
authorized without the written consent of the City.
CONTRACT CO- ORDINATOR and representative for CITY shall be:
1/4 TERED
NAME: Terry W. Greene, City Architect
This Agreement shall become effective upon its execution by CITY, in witness thereof, the parties have executed this
Agreement the day and year first written above.
CONSULTANT: / CITY OF CUPERTINO:
By G 1571. By i?->#444
Name & Q. 2i cS.r /4
Title Ne°ve-iliQ✓(ct/4 Terry W. Greene, City Architect
Soc. Sec. # or Tax I.D
APPROVALS EXPENDITURE DISTRIBUTION
AREIttIT HEAD , D TE ,ACCOUNT NUMBER AMOUNT
G 1 427 -9134 -9300 $3,000.00
DA /
Ed Ritchie
Heavy Engineering Consultant
Form W-9 Request for Taxpayer
Give form to the
(Rev. October 2001)
Department of the Treasury Identification Number and Certification requester. Do not
Internal Revenue Service send to the IRS.
Name (as shown on your income tax return)
a Ed Ritchie
a Business name, if different from above
o ED Ritchie,Heavy Engineering Consultant
0 F Check appropriate box: m IndividuaVSole proprietor ❑
Corporation El Partnership
❑ Limited liability company. Enter the fax classification (D =disregarded entity, Cxorporation, P =partnership) ■
❑ Exempt
o ❑ Other (see instructions) ' payee
.c a
t List account number(s) here (optional)
cn
Part I 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 your social security number ISSN). However, for a resident I
alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, 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 chart on page 4 for guidelines on whose I Employer identification number
number to enter. 68 I
Part 11 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. I 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. I 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 cn 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 instruction 4.
Here I us. person f ► 4 ��r ���
Here Date ► 3/2 Z/20//
General Instructions Definition of a U.S. person. For federal tax purposes, you are
Section references are to the Internal Revenue Code unless considered a U.S. person if you are:
otherwise noted. • An individual who is a U.S. citizen or U.S. resident alien,
Purpose of Form • A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
A person who is required to file an information retum with the States,
IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or
to report, for example, income paid to you, real estate • A domestic trust (as defined in Regulations section
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or 301.7701 -7).
contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a
Use Form W -9 only if you are a U.S. person (including a trade or business in the United States are generally required to
resident alien), to on ovide your correct TIN person the person pay a withholding tax on any foreign partners' share of income
requesting it (the requester) and, when applicable, to: from such business. Further, in certain cases where a Form W -9
1. Certify that the TIN you are giving is correct (or you are a partner a foreign erson, and pay the tax a that
waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a
2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States,
3. Claim exemption from backup withholding if you are a U.S. provide Form W -9 to the partnership to establish your U.S.
exempt payee. If applicable, you are also certifying that as a status and avoid withholding on your share of partnership
U.S. person, your allocable share of an y partnership income income.
from
a U.S. trade or business is not subject to the withholding tax on The person who gives Form W -9 to the partnership for
foreign partners' share of effectively connected income. purposes of establishing its U.S. status and avoiding withholding
Note. If a requester gives you a form other than Form W-9 to on its allocable share of net income from the partnership
conduc
request your TIN, you must use the requester's form if it is following cases:
a trade or business in the United States is in the
following
substantially similar to this Form W -9. cases;
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form W -9
(Rev. 10-2007)
\ / OFFICE OF THE CITY CLERK
CITY HALL
10300 TORRE AVENUE • CUPERTINO, CA 95014 -3255
� y '
c. I9s. TELEPHONE: (408) 777 -3223 • FAX: (408) 777 -3366
WEBSITE: www.cupertino.org
CUPERTINO
April 8, 2011
Ed Ritchie
Heavy Engineering Consultant
230 Daylight Place
Danville, CA 94526
Re: Agreement
Enclosed for your records is a fully executed copy your agreement with the City of Cupertino. If
you have any questions, please contact the Public Works Department at (408) 777 -3354.
Sincerely,
Kirsten Squarcia
City Clerk's Office
cc: Public Works
Enclosure