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HomeMy WebLinkAboutAlta Planning + Design (3)AGREEMENT THIS AGREEMENT Is made and entered into on the day of 2010 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and ALTA PLANNING + DESIGN (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: Perform staircase design at southwest property line of 28600 Matadero Greek Lane, 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement, - Proposal from CONTRACTOR dated November 3, 2010 3. TERMS, The services and/or materials furnished under this Agreement shall commence and shall be completed by 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 twelve thousand seven hundred seventy dollars and zero cents ($12,770.00) 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 I of 4 $11ort Urn Updated 4123/10 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, !I, 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. !I!. AUTOMOBILE INSURANCE: $1,000,000,00 per occurrence. iv, ERRORSAND 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 (on Updated 4123M0 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 Mills Page 3 of 4 Shari 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., CONTRACTOR: Richard Chiu Public Works Director(/I 7/to Town of Los Altos Hills By; 26379 Fremont Road signature Date Los Altos Hills, CA 94022 &Mc� kVV -�Printn me, Title aVtCK'2'V N. rR TOWN OF LOS ALTOS HILLS: By: 2- 0 h 0 Carl Cahill, dity M-iinager Date Town of Los Altos Hills Page 4 of 4 short 101M Updalod 40110 Los Altos Mills Trail Projects: Staircase Design at property line of lot #28600 November 3rd, 2010 E,xMbft A .. Scope of Work Staircase design at southwest property line of Beit # 28600 - south of Mi atadero Creek Lane Project Desuirpthon, 'The objective Is to create a stair\avay with a rural design aesthetic to provide safe pedestrian passage Currently, approximately 180 linear feet of 45 percent or greater slope exists over a sanitary sewer easement clang the southwest side of lot #28600 The steel] slope and underground sewer line complicates the design and construction of a Staircase in this location The stairway design will tentatively Include handrails and landings and will be reviewed with Town staff periodically throughout the duration of the project 'The Staircase will be designed for pedestrian travel only and should be posted by the'Town to preclude equestrians and bicyclists due to the unsafe conditions relating to the steepness of the existing grade Alta Planning. Design (Alta), jakaby Engineering, CSG Consultants and'Timathy C. Best, CCG ('Tim Best) will team to provide working drawings, Specifications, estimate of probable costs and ultimately, bid documents to the Town for project implementation This scope assumes that no SWPPP or SWPPP monitoring is required for the project Scope f Work "task 1. Project initiation and Management 1.1 Kickoff Meeting jalcaby Engineering and Alta and will attend a site visit with 'T'own staff to reAety existing conditions, objectives, applicable design and planning standards, and to confirm or amend the scope of work / budget and to prepare a project schedule 1.2 Project Management Alta will provide overall project management, including coordinating with Town staff and other consultants, preparing anti maintaining the project schedule, prepare or' reviewing invoicing, and preparing monthly budget and work progress reports, and regular informal reports to the Town Task 2. Base Map and Data 2.1 Base Mapping and Survey The base map will be composed of available I foot LIDAR contour data and GCS data from Santa Clara County for., the topography map and property line information and to establish the limits of the stair case improvement work 'The property line data is considered approximate due to the nature of the available GIS data and the fact that the will not have a topographic survey undertaken for this project The LIDAit. topographic data will be overlaid on an aerial photo for orientation to other adjacent site features If available, the Town will provide Alta Planning j- Design 11 Los Altos Mills Trail Projects; Staircase Design at property line of lot 028600 information on sanitary sewer casement location, width, and depth of pipe in easement Any boundary/easement resolution surveying, and environmental studies or documents, if required, would be scoped and budgeted separately 2.2 data Review and Site Assessment Alta and jakaby Engineering will collect and review relevant background information and check conditions in the field to verify design requirements 2.3 Geotechnical Investigations Butano Geotechnical will conduct preliminary geotechnical investigations within.rhe budget provided for this task; Site visit, hand auger, field sample letter and summary letter 2.4 Sanitary Sewer easement survey If accurate sanitary Solver easement Survey data is not available to the consultant team, and if the Town feels it necessary, Alta will engage CSG Consultants to conduct a sanitary sewer easement boundary survey within the budget provided for this task Enclosed fee for this survey assumes: • A parcel map or legal description of the existing property is available • The easement is contiguous with the property line • No field surveying or setting of property corners is required • A legal description would be prepared only, no plat map • That no boundary resolution calculations are necessary Task 3. Preliminary Design / Feasibility Analysis 3.1 Preliminary Staircase design /Feasibility Analysis In conjimcdon with Tim Best and Alta, Jakaby Engineering will prepare a schematic plan, description and a preliminary estimate of probable costs for two distinct design approaches to the Staircase, each providing a structurally sound design Section drawings of the staircase and related details will be created to convey the conceptual design of the staircase (to scale - hand or computer- sketches) within the budget provided for this task Stair design concepts, potential wood treatments, handrail design (on one side of the staircase only), ongoing manhole access and sewer line ownership/casement will be explored 3.2 Design Review Alta will transmit the preliminary design documents to the Town Alta and Jakaby Engineering will attend a conference call with the Town to review the plans and respond to one round of comments from the Town to revise the preliminary designs and to confirm or amend the scope of work / budget and to prepare a project schedule Alta Planning + [-.)osign 12 Los Alters Hills Trail Projocts: Staircase Design at property line of lot #28600 Task 4. Construction Documents Based on the T.'own's design preference,,Jakaby Engineering will prepare construction documents, specifications and estimate of probable costs for- the staircase improvements within the budget provided for this task 4.1 Staircase Design 100% Plans, Estimate, and Specifications jaleaby Engineering will revise and complete the preliminary engineering plans, and prepare details, technical specifications (to be included on the plan sheets) anti update the estimate of probable costs based on direction from the Town, transmit the plans, specifications, and estimate to the Town for final review, and attend a meeting to review the materials Task S. Bid Set Finalization 5J Bid Set preparation Jakaby Engineering and Alta will coordinate to finalise and assemble the bid set (cover sheet and general notes, staircase design, technical specifications, estimate of probable costs, engineering stamp and the bid form) 5.2 Final Plan Check Alta will transmit rhe final draft documents to the Town and respond to one round of comments from the Tbwn regarding the final bid set The Town will be responsible for all other contract documents and bidding and contracting steps, including r'epr'oduction, except as authorized separately Optional ,Additional Tasks Construction staking and field layout of staircase by Jakaby Engineering or Tim Best Jakaby Engineering or Tim Best can provide field overview for contractor stalcing and layout We can provide a fee estimate for this task once the stairway design is finalized. Alla Planning r Ch?sign 13 Los Altos Hills Trail Projects! Staircase Design at property line of lot 428600 Exhibit B - Compensation Rates & Charges The total estimate cost for consultant services for the project is x',1.2,770 based on the tasks and assumptions outiined in this scope of %vorl< Staff tune allocations and budget details are provided in the attached spreadsheet and standard rate sheets Alto Planning + resign 14 lair