HomeMy WebLinkAboutBasin Research AssociatesAGREEMENT
THIS AGREEMENT is made and entered into on the �ay of , 2022 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and Basin Research Associates (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:
Conduct preconstruction surveys for the construction of the La Paloma
Robleda Pathway to satisfy CUL and GEO mitigation measures on MMRP.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated 4/1/2022
3. TERMS. The services and/or materials furnished under this Agreement shall
commence April 4, 2022 and shall be completed by April 25, 2022, 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 one thousand seven
hundred and fifty dollars ($1,750) 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 3/16/21
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:
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 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 3/16/21
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 3/16/21
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:
Avery Lai
Assistant Engineer
Town of Los Altos Hills By:
26379 Fremont Road Signature D6te' I
Los Altos Hills, CA 94022
LW4—
Ili
Print name, Title
TOWN QE-QOS TOS HILLS:
By:
Peter P! nejaMity Manager Date
Town of Los Altos Hills Page 4 of 4
Shod forin
Updated 3/16/21
Mr. Avery Lai, EIT
Assistant Engineer
Town of Los Altos
26379 Fremont Road
Los Altos Hills, CA 94022
April 1, 2022
RE: Archaeological and Paleontological Sensitivity Training
La Paloma Robleda MMRP CU and Geo Mitigation Measure
Dear Mr. Lai
A�IN
RESEARCH
ASSOCIATES
1933 DAVIS S`rRIM
Surra 214
SAN LEANDRO, CA 94577
VOICE (510) 430.8441
UX (510) 430.8443
Please let this letter serve as Basin Research Associates' Scope and Estimated Cost for
archaeological monitoring and paleontological training services associated with the La Paloma
Robleda MMRP CU and Geo Mitigation Measures, Town of Los Altos Hills.
The project includes the construction of an off-road/native pedestrian pathway segment to
connect the existing off-road pathway on the property at 13310 La Paloma Road to the existing
roadside pathway on Robleda Road at 12940 Atherton Court. The pathway segment will be a
native path of compacted dirt that is approximately three feet wide and approximately 960 feet in
length. It will be located within an existing 20 -foot wide path and equestrian easement along the
northern boundaries of the properties of the two parcels and is also adjacent to the southern
boundaries of 13643, 13581 and 13303 Wildcrest Drive. The new off-road pathway segment is
located within a riparian corridor and is adjacent to an intermittent drainage channel that
eventually flows into Adobe Creek.
Pathway improvements will include a small bridge, various low retaining walls, a larger
pedestrian bridge and stairs to connect with the pathway on Robleda Road. There will be some
grading for pathway leveling, retaining walls and stairs, and a small amount of brush and native
plant removal, but no tree removal.
The MMRP requirements as of February 2021 include requirements for Worker Environmental
Awareness Training (WEAT) for both cultural resources (MM CUL -2.1) and paleontological
resources (MM GEO-6.1).
Work Plan — Cultural
A Professional Archaeologist will provide a "toolbox" training session similar to the one
required for paleontology to allow workers to recognize archaeological artifacts and the
protocols to follow in the case of a potential discovery. BASIN will also prepare an
Archaeological ALERT Sheet for distribution and posting in the project job trailer.
Work Plan o Paleontology
Mr. James Walker (PG), a professional paleontologist, will provide sensitivity training for
paleontological resources in accordance with MM GEO-6.1. The consulting paleontologist plans
to present training that will include a visual presentation on the types and history of some of the
more common fossils for the area and some hand specimens to familiarize trainees with the
appearance of in situ fossils. The presentation will use handouts to illustrate potential finds.
Training will also include procedures to follow in case of a find and how to minimize impacts to
ongoing construction work until the resource can be reviewed, evaluated and if required
collected.
Schedule
The project schedule will be agreed to on a mutual basis for in-person training. Due to hectic
fieldwork schedules, every effort will be made to accommodate the construction schedule. It is
suggested that the Town and contractor provide several dates for training. It is also possible that
the training may require two separate sessions — cultural and paleontological — due to scheduling
issues. In general, cultural can undertake the training in the early AM before the start of the
work day.
Cost Notes
One in-person training session for both disciplines is anticipated. A fixed fee of $800 is allowed
for paleontology and a fixed fee of $950 is allowed for cultural to cover both training, minor
coordination, development and production of the ALERT Sheet(s) and any follow-up after
training. It is assumed that on-site parking will be available at the project site for the training
session.
Closing Remarks
Thank you for considering BASIN for this project. Please don't hesitate to contact me if you
have any questions.
Sincerely,
BASIN RESEARCH ASSOCIATES, INC.
Colin I. Busby, Ph.D., RPA
Principal
CIBJ
® !.�
a
~ � F�
fad C�3 � N
R.' � � �+
® � �, c�
® ® ,! � w w
H � O w
� O
� � O
� �
O O
H �I
L�7 �
F-+
O
CCS
®'O
a�
+ 0
' b
N
Gi
O
0
H
M
V)20
0 ¢, °
4°
fid'
0
O W
O
v
to
�Y, O
as
bi)o
0
o
cd ai o
0,0 0 00
�
-- Y
bo
O � l
¢
a�
a� a0i
,0 w to
�3
boo
0
ami wo
En
ami n o
cn � U bq
n
U
cg's"'CCC
t� n
®
u
4 G= ym
00
I N p
'08 A
oO
RIcI
1 -to
bA
0
'd 4 U N d
20 woO
cd
m o" O
cm
3 U
U 0 0
N O cd 0 A
0 b
a y y� O o N S�
d o
0 N
o
H bQ kA �
0
�1
bA
0 v 'U 0
N b ,'o
e �i .� + O O
�j V
M�A U
0 0
r� 0 U p .�
O
®'O U
U
O U v� s O
O U
�
O � 0 O
aj
vii
��, � U U �
°
0
� U
� o
a
v,db
U1
�i
t�
a�
O
i ,
pa
a
,� o o on
� �
U
O 0 cd 0
o
O
U U �- U
A
PQ
U
d
Q
bAbAO
U
O
O
04604
yr ~ O
V
u
Lon j5�d
wO O
a
Fi �
AG •d o
brA
N b
U
U O
,I
w 9
O�1
Q+
N c�O
N d 0
v rn
!;+ y�"
v�
by 0tn
g a '0,0 U
`n O
�g N
O
O
P N +-+
m
19-0
0,0
I-"
O N U
O O �i
0
z y`"i .D U O �,�
1"
I N .d
8 �
�
tti
� N k=4))
� �
®�
.'d 1 �.O'd
U U N d "Du0��-
O� O O �
N+ M tom- n
rn N
o
®
bA
N
Cd
¢bD
O
Cd
W,
C
vii 4
cd ¢cd
®
bA NU
NN U y bA
O cd
O P r, tbA
N U O
S�
O
A/
O
✓ U i� O
L�+~
^
CCS
O
,a
�
b16��CVCrrS
®a
O
O1q+q1
-0
VO ®
•N
°,.A~p
O.'.0-1
0
00
Icy Gi V Q o
PA
• N �[[��•Ci
i OO C) cd
,ONVUJ
O Q.H_CCCS CCS U
Ov
h�
O O
O N 4-4
O N
w
3
b 010 N04
1 O ; 83
N
N0-0
U s=!i b �'
+�1+ O
o 'G
�
'd
'vi OU
� bA bA U
a �
o
a
QQ,P1Q
0
'G
b
0 CA
o
cw
a
o
UD U eUd
�I
4
L7a
Ei�
o
o
N
U Y
0
QI
c~d Cid OJJ
IS" N
Yv] r -O
b s.i
o�
a50 'o
)6o,o-;Jcd4.4
O
Q�
O
00A0 rn
d
O,
•e�n�o0UmLrj
� go
�;�o
O
R;
W' aJ
ooo
p
'
Wt
U
�U� 8�
o o
0�
Q
�' ba
U
D
U
O
I
v
Y
�
O
rzt
0 �[�wy�J �"y -�
O U u
Cd .
to
O N •JG ,i7� .
U
d' '}'i
0
bA Cd M N
•. .-1
j
,c�3dCd
y�
Cd
Cd 0
�Y
b,03
oN
N
�O
'a Cd
U
U N 0-� ;r
U
'd
�d O
cd
0
cn N
a
N g
cd cC CUd
cid
MR
^d
V
o o
U
V ,
F+ig
O
U U OCd
u
A
U
pap O o U
Ir,
4-4
�1
.� as
�
0
o
o
Aa�A
� o
0
o
OR+'+"
°
U
A
a
° 'o
0 a, °
O
�
0
Ute
"
�q '4,
U"
Ei
cvd b °CdU
a�
°'a
g� o °
b 0
9
o
P6, W
P
w
®
o a
a'�
2 v-
o15
� o
°
c° N 00 N N
4°1
x,a1 W � �
w rn v, O p b 1 v U
o
�+
o
ow ' °
O b N
o a�
O 21
A
E'�
opo o
0000�
v� °'- ° ° �'�
( —Cd `�°Uo-d°'�vUa
3
o
° Q'o
v u o oto 51) d�
U
N cd
F,
Q F
°a°i
w
y O° twob
o
n
v,
o_ N O 0
tb 43
p� Z 0 .�' p_ 'C '-
0
N� �
2 ,�y
Pl Cd N U O O+(Uj
^
0
40-¢I
O N N
.Ny
d U 40,+i
�+ v� 'C? ' GJ� ' 6b N
, E
�q -15 N
° O U
+2 .
® cd o N w O yy, O O fl
0 +� �� O i•�" O p 0 'p O
O
o�� � l
m cn N ""
•— N y U N N N O�
. N � w N
pi
a.n
.�A2, .0
U
U
a
o..o�
o 0
v
��
r; 5 o
co
04
O pR E
U U O
w
� o•o� o
CJ
�, U a °
Ir,