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Home My WebLink AboutENGEO (2) AGREEMENT THIS AGREEMENT Is made and entered into on the /$day of 7 , 2018 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to all "TOWN") and ENGEO (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: Biology survey and Inspection services for the Page MW Road/Moon Lane Pedestrian Bridge Crossing Project 2. EXHIBITS. The following attached exhibits are hereby Incorporated Into and made a part of this Agreement: Proposal from CONTRACTOR dated June 22,2018 email 3. TERMS. The services and/or materials furnished under this Agreement shall commence July 18, 2018 and shall be completed by October 15, 2018, 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 Six thousand dollars and zero cents($8,000.00)within thirty(30)days following receipt of invoice and completlon/dellvery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/complel on 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 delver any services/goods. Town shag 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 or Los Aloe HIM Page 1 oro sworn Wes+om,u 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.Contractor's aggregate liability shall be limited by Town to$4,000,000 regardless of the legal theory under under which such liability is imposed. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. 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 Amit exists, it shall apply separately or be no less than two (2)times the occurrence limit. IL AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AND OMISSIONS INSURANCE: $4,000,000.00 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 mall 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 Las Mos Has Psge2d4 ampm apnm aawa Town of Los Altos Hills 20379 Fremont Road Los Altos Hills,CA 94022 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 contacts 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 wdtten 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 United 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 lime 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 wil not be disdosed 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 tide to copyright of said work for hire shall transfer to the TOWN. The compensation redted In Section 4 shall be deemed to be sufficient consideration for said transfer of copydght. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. Town of Los Mos HIM Pape 3 oro neva. -I 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: Allen Chen Public Works Director Town of Los Altos Hills By: a �, 26379 Fremont Road SI.nature Date Los Altos Hills, CA 94022 u .. to - . ,_ 1 -antnarn Me 4 TOWN OF LOS ALTO I % S: By: _4Lg 710 I g Carl Cahill, •' =nager Date Town of Los Mhos His Page of ams. oee.raans ENGEO 2010 Crow Canyon Place, Suite 250 San Ramon,CA 94583-4634 Expect Excellence - (925)866-9000 D FAX(888)279-2698 REQUEST FOR CONTRACT TO: Mr. John Chau Town of Los Altos Hills 26379 W. Fremont Road Los Altos Hills, CA 94022 DATE: June 22, 2018 ENGEO PROJECT NO.: 11359.000.002 Phase: 002,003 ENGEO Contact: Jonathan Buck PROJECT NAME: Page Mill Rd./Moon Lane Pedestrian Bridge Project Scope of Services: Biological Services per the project Lake and Streambed Alteration Agreement (CDFW 1600-2017-0502- R3). These services will be provided by Live Oak Associates • Pre-Construction survey in accordance with LSAA Biological Measure 2.25. • Bat Habitat Assessment in accordance with LSAA Biological Measure 2.27. • Nesting Bird Survey in accordance with LSAA Biological Measure 2.28. • Construction Worker training in accordance with LSAA Biological Measure 2.24. • Follow up Nest Bird Survey in activities are suspended more than I 5-days in accordance with LSAA Biological Measure 2.28. Construction Testing and Observation/Inspection Services: • Field verify footing depth and geotechnical firmness of grade beam trench prior to concrete placement. • Provide one break test of concrete material. • Inspect steel rebar cages prior to concrete pouring. • Inspect bolting of pre-fabricated bridge to foundation system. • Provide a letter to the Town of Los Altos Hills stating that project foundations were built in conformance with project plans and bolting is satisfactory.. Estimated Fees: $6,000 on a time-and-expense basis. AGENDA ITEM#5.B TOWN OF LOS ALTOS HILLS April 19, 2018 Staff Report to the City Council SUBJECT: RESOLUTION AWARDING A CONTRACT FOR THE PAGE MILL ROAD/MOON LANE PEDESTRIAN BRIDGE IMPROVEMENT PROJECT; AND AMENDING THE 2017-18 CAPITAL BUDGET BY INCREASING THE PROJECT APPROPRIATION BY$56,000. FROM: Allen Chen,Public Works Director/City Engineer APPROVED: Carl Cahill,City Manager G.G. RECOMMENDATION: That the City Council: 1. Adopt the attached resolution awarding the contract for the Page Mill/Moon Lane Pedestrian Bridge Improvement Project to O'Grady Paving,Inc.,the low bidder for an amount of$122,000. 2. Approve a 12% project contingency fund of $15,000 and authorize the Public Works Director to approve potential contract change orders within said fund. 3. Authorize the Public Works Director to execute a contract with a consulting/inspection firm for inspection and testing services in an amount not to exceed$10,000. DISCUSSION: An existing pathway runs along the east side of Page Mill Road, but it discontinues at Matadero Creek north of Moon Lane.Pedestrians or equestrians traveling on the path east of Page Mill Road must cross to the western bridge or travel on the street in order to cross Matadero Creek. Crossing Page Mill Road at this point is hazardous due to the reduced visibility caused by the curved roadway in this area. Walking on the northbound traffic lane is made more dangerous when crossing Matadero Creek due to the vehicle safety barrier along the edges of Page Mill Road which narrows the roadway.A pedestrian bridge at the proposed location would reduce the number of high-risk road crossings undertaken by pedestrians and equestrians. The awarding of this project is subject to some time-sensitive issues, such as the bridge itself requires a sixty-working days manufacturing period from the date it is ordered. Additionally,the Town's construction permit at this location from the State of California Department of Fish and Wildlife(CDFW)expires on October 15,2018.Should this project not be awarded in April,it is likely that a contractor could miss the work completion date before the October 15 permit expiration and the onset of the rainy season.Additionally,the