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HomeMy WebLinkAboutPW On-Call Engineering 2014 (unsigned)Agenda Item No: 3 • i Meeting Date: September 15, 2014 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Public Works Prepared by: `"/// ( City Manager Approval:, Director of Public Works File No.: 01.01.02.01 SUBJECT: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW STUBER STROEH ENGINEERING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $200,000. RECOMMENDATION: Adopt the resolution. BACKGROUND: On October 15, 2012, the San Rafael City Council adopted Resolution 13430, which authorized the Public Works Director to enter into an agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for on-call engineering services. Over the last two years, CSW/Stuber-Stroeh Engineering Group, Inc. has augmented Public Works engineering and land development staffing. They have provided engineering assistance for projects such as H Street Roadway Improvements, which is now under construction. In addition to construction project management, the Department of Public Works is required to review and inspect subdivision improvements such as the Village at Loch Lomond. This project, now starting the construction of utility connections and the development of roadways systems, requires our staff to review the work being performed. However, with a significantly large Capital Improvement Program (CIP) and our engineering staff dedicated to developing these projects, the Department of Public Work does not have the staff to perform inspection of land development projects. We have therefore utilized CSW/Stuber—Stroeh Engineering Group, Inc. in that capacity, the cost of which is fully paid by the developer. ANALYSIS: Consultant provided professional services are required to continue with current land development projects and to augment active engineering projects. A majority of the land development work is supported through fees collected from developers or assessment districts. FISCAL IMPACT: The recommended professional engineering service is supported by the General Fund on a time and material basis not to exceed $200,000. To date, $80,250.63 has been paid to the consultant from the original $100,000 allocation. This contract amendment simply increases the not to exceed amount to $200,000. FOR CITY CLERK ONLY File No.: 1/ - 3 g Council Meeting: f / S 'Lip¢ Disposition: 1(�'Zscw �Ip� /3'0`7 SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 OPTIONS: 1. Adopt the resolution. 2. Reject the resolution and direct staff to select a different consultant. Selecting a different consultant may require the reassignment of engineering staff from assigned CIP projects to perform inspection of land development projects currently under way until a new consultant is selected. ACTION REQUIRED: Adopt the resolution authorizing the Public Works Director to amend the Professional Services Agreement with CSW/Stuber-Stroeh Engineering Group, Inc. for on-call engineering services. Enclosures 1. Resolution 2. Agreement 3. Amendment RESOLUTION NO. 13809 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN RAFAEL AUTHORIZING THE PUBLIC WORKS DIRECTOR TO EXECUTE AN AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH CSW STUBER STROEH ENGINEERING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $200,000. WHEREAS, on October 15, 2012, the San Rafael City Council authorized the Public Works Director to enter into an agreement with CSW/Stuber-Stroeh Engineering Group Inc. for on-call engineering support services; and WHEREAS, the Department of Public Works requires professional engineering services in order to proceed with various projects as specified in the Capital Improvement Program and to complete the review of the land development applications; and WHEREAS, the firm of CSW/Stuber-Stroeh Engineering Group, Inc. was selected for said engineering services; and WHEREAS, the firm of C SW/S tuber- Stroeh Engineering Group, Inc. is currently assisting staff by performing active construction oversight of land development projects such as The Village at Loch Lomond; and WHEREAS, the Department of Public Works wishes to extend the existing Agreement with CSW/Stuber-Stroeh Engineering Group Inc. for on-call engineering support services; and WHEREAS, CSW/Stuber-Stroeh Engineering Group, Inc. has submitted a proposal to provide additional such services on a time and materials basis; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of San Rafael does hereby authorize the Public Works Director to execute an Amendment to the October 15, 2012 Agreement for Professional Services, in a form approved by the City Attorney's office, to extend that Agreement and to provide for total contract services under the Amended Agreement in an amount not to exceed $200,000. RESOLVED FURTHER that the Public Works Director of the City of San Rafael is hereby authorized to take any and all such actions and make changes as may be necessary to accomplish the purpose of this resolution. I, ESTHER C. BEIRNE, Clerk of the City of San Rafael, hereby certify that the foregoing resolution was duly and regularly introduced and adopted at a regular meeting of the Council of said City on the 15`h day of September, 2014, by the following vote, to wit: AYES: COUNCIL MEMBERS: Colin, Connolly, McCullough & Mayor Phillips NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: Bushey ESTHER C. BEIRNE, City Clerk File No. 01.01.02.01 FIRST AMENDMENT TO AGREEMENT FOR PROFESSIONAL SERVICES WITH CSW/STUBER-STROEH ENGINEERING GROUP, INC. FOR ON-CALL ENGINEERING SERVICES THIS FIRST AMENDMENT TO AGREEMENT is made and entered into this 15th day of September, 2014 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and CSW/STUBER-STROEH ENGINEERING GROUP, INC. (hereinafter "CONTRACTOR). RECITALS WHEREAS, on October 15, 2012, CITY and CONTRACTOR entered into an "Agreement for Professional Services with CSW/Stuber-Stroeh Engineering Group, Inc. for On - Call Engineering Services in an Amount Not to Exceed $100,000" ("the Agreement"); and WHEREAS, pursuant to the Agreement, CONTRACTOR has been providing certain specialized professional on-call Engineering services ("The Project") as requested by CITY; and WHEREAS, CITY and CONTRACTOR desire to extend the term of the Agreement and increase the overall budget for the PROJECT; AGREEMENT NOW, THEREFORE, the parties hereby Amend the Agreement as follows: 1. Section 3 of the Agreement is hereby amended to read in its entirety as follows: 3. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated July 27, 2012 marked Exhibit "A," attached hereto and incorporated herein by this reference, as supplemented by the letter from CONTRACTOR dated August 26, 2014 marked Exhibit "A -I," attached hereto and incorporated herein by reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frames as specified and as shown in Exhibit "A". 2. Section 4 of the Agreement is hereby amended to read in its entirety as follows: 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" and Exhibit "A-1" attached hereto and incorporated herein. 3. Section 5 of the Agreement is hereby amended to read in its entirety as follows: 5. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates Revised 412I109 shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payments made pursuant to this Amended Agreement, including compensation paid to CONTRACTOR prior to the date of this First Amendment to Agreement, shall not exceed $200,000. Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. 4. Section 11 of the Agreement is hereby amended to read in its entirety as follows: 11. INSURANCE. A. Scope of Coverage. During the term of this Agreement, CONTRACTOR shall maintain, at no expense to CITY, the following insurance policies: 1. A commercial general liability insurance policy in the minimum amount of one million dollars ($1,000,000) per occurrence/two million dollars ($2,000,000) aggregate, for death, bodily injury, personal injury, or property damage. 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million dollars ($1,000,000) dollars per occurrence. 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of two million dollars ($2,000,000) per occurrence/four million dollars ($4,000,000) aggregate, to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. Where CONTRACTOR is a professional not required to have a professional license, CITY reserves the right to require CONTRACTOR to provide professional liability insurance pursuant to this section. 4. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all liability for injuries to CONTRACTOR's officers and employees. CONTRACTOR'S worker's compensation insurance shall be specifically endorsed to waive any right of subrogation against CITY. B. Other Insurance Requirements. The insurance coverage required of the CONTRACTOR in subparagraph A of this section above shall also meet the following requirements: First Amendment to Agreement • 2 I . Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, employees, and volunteers, as additionally named insureds under the policies. 2. The additional insured coverage under CONTRACTOR'S insurance policies shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or self-insurance coverage for any contribution. The "primary and noncontributory" coverage in CONTRACTOR'S policies shall be at least as broad as ISO form CG20 0104 13. 3. Except for professional liability insurance, the insurance policies shall include, in their text or by endorsement, coverage for contractual liability and personal injury. 4. The insurance policies shall be specifically endorsed to provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon ten (10) days written notice to the PROJECT MANAGER. 5. If the insurance is written on a Claims Made Farm, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years. 6. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement. 7. The limits of insurance required in this Agreement may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and noncontributory basis for the benefit of CITY (if agreed to in a written contract or agreement) before CITY'S own insurance or self-insurance shall be called upon to protect it as a named insured. S. It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverage requirements and/or limits shall be available to CITY or any other additional insured party. Furthermore, the requirements for coverage and limits shall be: (1) the minimum coverage and limits specified in this Agreement; or (2) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured; whichever is greater. C. Deductibles and SIR's. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and City Attorney, and First Amendment to Agreement • 3 shall not reduce the limits of liability. Policies containing any self- insured elfinsured retention (SIR) provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named insured or CITY or other additional insured party. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing; payment of losses and related investigations, claims administration, attorney's fees and defense expenses. D. Proof of Insurance. CONTRACTOR shall provide to the PROJECT MANAGER or CITY'S City Attorney all of the following: (1) Certificates of Insurance evidencing the insurance coverage required in this Agreement; (2) a copy of the policy declaration page and/or endorsement page listing all policy endorsements for the commercial general liability policy, and 3 excerpts of policv language or specific endorsements evidencing the other insurance requirements set forth in this Agreement. CITY reserves the right to obtain a full certified copy of any insurance policy and endorsements from CONTRACTOR. Failure to exercise this right shall not constitute a waiver of the right to exercise it later. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the City Attorney. 5. Except as specifically amended herein, the remaining terms of the Agreement, as executed on October 15, 2412, shall remain unchanged. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CSWiSTUBER-STROEH ENGINEERING GROUP, INC. NADER MANSOURIAN Public Works Director ATTEST: ESTHER C. BEIRNE, City Clerk APPROVED AS TO FORM: By: Title: ROBERT F. EPSTEIN, City Attorney First Amendment to Agreement • 4 AGREEMENT FOR PROFESSIONAL SERVICES WITH CSW/STUBER-STROEH ENGINEERING GROIJP, INC.FOR ON-CALL ENGINEERING SERVICES IN AN AMOUNT NOT TO EXCEED $100,000. This Agreement is made and entered into this 15th day of October, 2012 by and between the CITY OF SAN RAFAEL [hereinafter "CITY"], and CSW/STUBER-STROEH ENGINEERING GROUP, INC. (hereinafter "CONTRACTOR). RECITALS WHEREAS, the CITY ha$ determined that certain specialized professional services are required for on-call Engineering services (hereinafter "PROJECT"); and WHEREAS, the CONTRACTOR has offered to render such specialized professional services in connection with this Project. AGREEMENT NOW, THEREFORE, the parties hereby agree as follows: 1. DEFINITIONS. Not Applicable 2. PROJECT COORDINATION A. CITY. The City Manager shall be the representative of the CITY for all purposes under this Agreement. The City Engineer is hereby designated the PROJECT MANAGER for the CITY, and said PROJECT MANAGER shall supervise all aspects of the progress and execution of this Agreement. B. CONTRACTOR. CONTRACTOR shall assign a single PROJECT DIRECTOR to have overall responsibility for the progress and execution of this Agreement for CONTRACTOR. Al Conrwell is hereby designated as the PROJECT DIRECTOR for CONTRACTOR. Should circumstances or conditions subsequent to the execution of this Agreement require a substitute PROJECT DIRECTOR for any reason, the CONTRACTOR shall notify the CITY within ten (10) business days of the substitution. 3. DUTIES OF CONTRACTOR CONTRACTOR agrees to perform the services outlined in the proposal from CONTRACTOR dated July 27, 2012 marked Exhibit "A" attached hereto, and incorporated herein by this reference. CONTRACTOR agrees to be available and perform the work specified in this Agreement in the time frame as specified and as shown in Exhibit "A". Revised 4121109 , 4. DUTIES OF THE CITY CITY shall perform the duties as described in Exhibit "A" attached hereto and incorporated herein. 5. COMPENSATION For the full performance of the services described herein by CONTRACTOR, CITY shall pay CONTRACTOR on a time and materials basis for services rendered in accordance with the rates shown on the current fee schedule as described in Exhibit "A" attached and incorporated herein. The total payment made for any individual work task will not exceed the amounts shown on the Proposal Budget, set out in Exhibit "A". Payment will be made monthly upon receipt by PROJECT MANAGER of itemized invoices submitted by CONTRACTOR. is complete. 6. TERM OF AGREEMENT The term of this Agreement shall be from the date of execution until the Project 7. TERMINATION A. Discretionary. Either party may terminate this Agreement without cause upon thirty (30) days written notice mailed or personally delivered to the other party. B. Cause. Either party may terminate this Agreement for cause upon ten (10) days written notice mailed or personally delivered to the other party, and the notified party's failure to cure or correct the cause of the termination notice, to the reasonable satisfaction of the party giving such notice, within thirty T30) days of the receipt of said notice. C. Effect of Termination. Upon receipt of notice of termination, neither party shall incur additional obligations under any provision of this Agreement without the prior written consent of the other. D. Return of Documents. Upon termination, any and all CITY documents or materials provided to CONTRACTOR and any and all of CONTRACTOR's documents and materials prepared for or relating to the performance of its duties under this Agreement, shall be delivered to CITY as soon as possible, but not later than thirty (30) days after termination. 8. OWNERSHIP OF DOCUMENTS The written documents and materials prepared by the CONTRACTOR in connection with the performance of its duties under this Agreement, shall be the sole property of CITY. CITY may use said property for any purpose, including projects not contemplated by this Agreement. Agreement • 2 9. INSPECTION AND AUDIT Upon reasonable notice, CONTRACTOR shall make available to CITY, or its agent, for inspection and audit, all documents and materials maintained by CONTRACTOR in connection with its performance of its duties under this Agreement. CONTRACTOR shall fully cooperate with CITY or its agent in any such audit or inspection. 10. ASSIGNABILITY The parties agree that they shall not assign or transfer any interest in this Agreement nor the performance of any of their respective obligations hereunder, without the prior written consent of the other party, and any attempt to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect. 11. INSURANCE A. During the tern of this Agreement, CONTRACTOR, shall maintain, at no expense to CITY, the follQwing insurance policies: 1. A comprehensive general liability insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence for death, bodily injury, personal injury, or property damage; 2. An automobile liability (owned, non -owned, and hired vehicles) insurance policy in the minimum amount of one million ($1,000,000) dollars per occurrence; 3. If any licensed professional performs any of the services required to be performed under this Agreement, a professional liability insurance policy in the minimum amount of one million ($1,000,000) dollars to cover any claims arising out of the CONTRACTOR's performance of services under this Agreement. B. The insurance coverage required of the CONTRACTOR by Section 11. A., shall also meet the following requirements: 1. The insurance shall be primary with respect to any insurance or coverage maintained by CITY and shall not call upon CITY's insurance or coverage for any contribution; 2. Except for professional liability insurance, the insurance policies shall be endorsed for contractual liability and personal injury; 3. Except for professional liability insurance, the insurance policies shall be specifically endorsed to include the CITY, its officers, agents, and employees as additionally named insureds under the policies; 4. CONTRACTOR shall provide to PROJECT MANAGER, (a) Certificates of Insurance evidencing the insurance coverage required herein, and (b) specific endorsements naming CITY, its officers, agents and employees, as additional insureds under the policies; Agreement • 3 5. The insurance policies shall provide that the insurance carrier shall not cancel, terminate or otherwise modify the terms and conditions of said insurance policies except upon thirty (30) days written notice to CITY's PROJECT MANAGER; 6. If the insurance is written on a Claims Made Form, then, following termination of this Agreement, said insurance coverage shall survive for a period of not less than five years; 7. The insurance policies shall provide for a retroactive date of placement coinciding with the effective date of this Agreement; 8. The IiabiIity insurance provided to CITY by CONTRACTOR under this contract shall be primary and excess of any other insurance available to the CITY. 9. The insurance shall be approved as to form and sufficiency by PROJECT MANAGER and the CITY's Attorney. C. If it employs any person, CONTRACTOR shall maintain worker's compensation and employer's liability insurance, as required by the State Labor Code and other applicable laws and regulations, and as necessary to protect both CONTRACTOR and CITY against all IiabiIity for injuries to CONTRACTOR's officers and employees. D. Any deductibles or self-insured retentions in CONTRACTOR's insurance policies must be declared to and approved by the PROJECT MANAGER and the City Attorney. At CITY's option, the deductibles or self-insured retentions with respect to CITY shall be reduced or eliminated to CITY's satisfaction, or CONTRACTOR shall procure a bond guaranteeing payment of Iosses and related investigations, claims administration, attorney's fees and defense expenses. 12. INDEMNIFICATION (a) Except as provided in Paragraph (b), CONTRACTOR shall indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, arising out of or resulting in any way, in whole or in part, from any acts or omissions, intentional or negligent, of CONTRACTOR or CONTRACTOR's officers, agents and employees in the performance of their duties and obligations under this Agreement. (b) Where the services to be provided by CONTRACTOR under this Agreement are design professional services to be performed by a design professional as that term is defined under Civil Code Section 2782.8, CONTRACTOR shall, to the fullest extent permitted by law, indemnify, release, defend and hold harmless CITY, its officers, and employees, against any claim, demand, suit, judgment, loss, liability or expense of any kind, including attorney's fees, that arises out of, pertains to, or relates to the negligence, recklessness, or willful misconduct of CONTRACTOR in the performance of its duties and obligations under this Agreement. Agreement • 4 13. NONDISCRIMINATION CONTRACTOR shall not discriminate, in any way, against any person on the basis of age, sex, race, color, religion, ancestry, national origin or disability in connection with or related to the performance of its duties and obligations under this Agreement. 14. COMPLIANCE WITH ALL LAWS CONTRACTOR shall observe and comply with all applicable federal, state and local laws, ordinances, codes and regulations, in the performance of its duties and obligations under this Agreement. CONTRACTOR shall perform all services under this Agreement in accordance with these laws, ordinances, codes and regulations. CONTRACTOR shall release, defend, indemnify and hold harmless CITY, its officers, agents and employees from any and all damages, liabilities, penalties, fines and all other consequences from any noncompliance or violation of any laws, ordinance, codes or regulations. 15. NO THIRD PARTY BENEFICIARIES CITY and CONTRACTOR do not intend, by any provision of this Agreement, to create in any third party, any benefit or right owed by one party, under the terms and conditions of this Agreement, to the other party. 16. NOTICES All notices and other communications 'required or permitted to be given under this Agreement, including any notice of change of address, shall be in writing and given by personal delivery, or deposited with the United States Postal Service, postage prepaid, addressed to the parties intended to be notified. Notice shall be deemed given as of the date of personal delivery, or if mailed, upon the date of deposit with the United States Postal Service. Notice shall be given as follows: TO CITY: Nader Mansourian, Public Works Director City of San Rafael 111 Morphew Street P.O. Box 151560 San Rafael, CA 94915-1560 TO CONTRACTOR: A] Cornwell, P.E., LEER AP CSW1Stuber-Stroeh Engineering Group, Inc. 45 Leveroni Court Novato, CA 94949 17. . INDEPENDENT CONTRACTOR For the purposes, and for the duration, of this Agreement, CONTRACTOR, its officers, agents and employees shall act in the capacity of an Independent Contractor, and not as employees of the CITY. CONTRACTOR and CITY expressly intend and agree that the status of Agreement • 5 CONTRACTOR, its officers, agents and employees be that of an Independent Contractor and not that of an employee of CITY. 1$. ENTIRE AGREEMENT -- AMENDMENTS A. The terms and conditions of this Agreement, all exhibits attached, and all documents expressly incorporated by reference, represent the entire Agreement of the parties with respect to the subject matter of this Agreement. B. This written Agreement shall supersede any and all prior agreements, oral or written, regarding the subject matter between the CONTRACTOR and the CITY. C. No other agreement, promise or statement, written or oral, relating to the subject matter of this Agreement, shall be valid or binding, except by way of a written amendment to this Agreement. D. The terms and conditions of this Agreement shall not be altered or modified except by a written amendment to this Agreement signed by the CONTRACTOR and the CITY. E. If any conflicts arise between the terms and conditions of this Agreement, and the terms and conditions of the attached exhibits or the documents expressly incorporated by reference, the terms and conditions of this Agreement shall control. 19. SET-OFF AGAINST DEBTS CONTRACTOR agrees that CITY may deduct from any payment due to CONTRACTOR under this Agreement, any monies which CONTRACTOR owes CITY under any ordinance, agreement, contract or resolution for any unpaid taxes, fees, licenses, assessments, unpaid checks or other amounts. 20. WAIVERS The waiver by either party of any breach or violation of any term, covenant or condition of this Agreement, or of any ordinance, law or regulation, shall not be deemed to be a waiver of any other tens, covenant, condition, ordinance, law or regulation, or of any subsequent breach or violation of the same or other term, covenant, condition, ordinance, law or regulation. The subsequent acceptance by either party of any fee, performance, or other consideration which may become due or owing under this Agreement, shall not be deemed to be a waiver of any preceding breach or violation by the other party of any term, condition, covenant of this Agreement or any applicable law, ordinance or regulation. 21. COSTS AND ATTORNEY's FEES The prevailing party in any action brought to enforce the terms and conditions of this Agreement, or arising out of the performance of this Agreement, may recover its reasonable costs (including claims administration) and attorney's fees expended in connection with such action. 22. CITY BUSINESS LICENSE/OTHER TAXES CONTRACTOR shall obtain and maintain during the duration of this Agreement, a CITY business license as required by the San Rafael Municipal Code. CONTRACTOR shall pay any and all state and federal taxes and any other applicable taxes. CITY shall not be required to pay for any Agreement • 6 work performed under this Agreement, until CONTRACTOR has provided CITY with a completed Internal Revenue Service Form W-9 (Request for Taxpayer Identification Number and Certification). 23. APPLICABLE LAW The laws of the State of California shall govern this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day, month and year first above written. CITY OF SAN RAFAEL CSW/STUBER-STROEH ENGINEERING GROUP, INC. NADER MANSOURIAN Public Works Director ATTEST: ESTHER C. BEIRNE, City CIerk APPROVED AS TO FORM: L- a - , vjj,-�— ' j, - ROBERT F. EPSTEIN, City Attorne File No.: 01.01.02.0I 1*1 By: a&�la Title: iw- Agreement - 7