HomeMy WebLinkAboutDeBolt Civil EngineeringAGREEMENT
THIS AGREEMENT is made and entered into on the JA#kday of MacA 2010 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
DeBolt Civil Engineering (hereinafter referred to as "CONTRACTOR"). In consideration
of their mutual covenants, the parties hereto agree as follows,-
1.
ollows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Furnish and install six (6) monuments; four (4) at Via Corita
Way (Formerly Mueller Court) and two (2) at Natoma Road
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated March 15 & 16, 2010
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 4/5/2010 and shall be completed by 7/2/2010, 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 eight thousand ninety
dollars and zero cents ($8,090.00) within thirty-five (35) days following
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 Fulls Page 1 of 4
Not to extend $15.000 par fiscal year
Updated 3 17 08
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.
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: $1,000,000.00er occurrence.
� 5001,0w.00
iv. ERRORS AND OMISSIONS INSURANCE. 990;608.9A -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 - Contracts
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Not to exceed 515.000 per fiscal year
Updated 317 08
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 u pon
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
Notto excood $16.000 per fiscal yaor
Updated 3 17 OB
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:
Town of Los Altos Hills By: J f Zi j 10
26379 Fremont Road r nature Date
Los Altos Hills, CA 94022 Xm'" G- Dt km -s
UA
Print name, Title
TOWN OF LOS ALTOS HILLS,
By.
Carl Cahill, City Manager Date
Town of Los Altos Hills Page 4 of 4
Not to exceed $15.000 per fiscal year
Updated 3 17 00
VL4 EMAIL, DeBolt Civil Engineering
811 San Ramon Valley Boulevard
March 16, 2010 Danville, California 94526
Job No 10099 Tel: 925/837.3780
Fax: 925/837.4378
Mr Richard Chiu
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022-2624
Dear Mr, Chiu:
De$oIt Civil Engineering is pleased to provide you with this proposal for engineering services in
connection with Natoma Road and Muller Court The scope of our work would include the
following
1) Monument Straddlers: Set straddlers for the 6 monuments to be set along Natoma Road (2)
and Muller Court (4).
2) Punch Monuments: Punch the monuments once the casing, etc. have been set by the
contractor.
3) Corner Records: Preparation of the corner, records to document each of the monuments.
4) File Corner Records: File the corner records with the County Surveyor, including paying the
fees and completing all supporting documents.
5) Install Monuments: Installation of monuments per attached proposal from Chrisp Company
6) Copies, Provide copies of the corner records to you and the County Surveyor.
We propose to perform this work for $8,090 In the event that there is additional work, not
specifically noted above, it will be billed on a time and material basis, unless written modification to
this agreement is executed by both parties. Either party can terminate this agreement by contacting
the other party by phone, fax, or email; with a formal cancellation to be sent via U.S mail Payment
for any partial work completed by time of cancellation will due and payable
Thank you for the opportunity to provide you with this proposal. We look forward to assisting you
with this work. if you concur with this proposal, please sign below and return to our office Should
you have any questions or need additional information, please give me a call.
DE BO T CIVIL GM -EKING
Jame E. Diggins
R. 27818
.TED:amf
Approved .
Date
MAR -15-2010(1,1014) I4: if ti Chi'! SP Company Estimating (FAX)51U65fi2.347 P 001/002
p
Fremont Office
43650 Osgood Rd
Contractors License No 374600
Fremont CA 84539
A General Engineering
C-13 Fence, Wire, woad
Phone: (510) 656-2840 Fax: (510) 656-2397
C-32 Highway improvement
Quotation
Union Contractor/ No minority Statue
TO:
Current Date: 311512010
DE13OLT CIVIL ENGINEERING
81031a: 3/15/2010
811 SAN RAMON VALLEY BLVD
JobName: MUELLER COURT SURVEY
MONUMENTS
DANVILLE CA 94526
Location; LOS ALTOS HILLS Bid#: 8358 0
Phone; (925) 837-3780 Fax: (925) 837.4378
Contract/!: Job#
Contact; JIM DIGGINS
Working Days:
emelt;...
Uquidated damogoa
,. ITEM NO. DESCRIPTION....
4UANTiTY t1N1T UNftPRICf;..._.._...-. TOTAL.
1 INSTALL TOWN OF LOS ALTOS HILLS STANDARD
6 EA 785.00 $4,59000
SURVEY MONUMENT INCLUDES AC PATCH
TOTAL $4.50000
Installation of signs, monuments, imnicades, etc, in conflict with Kinder Morgan 1ltillUes, Contractor shall bone all r
Incurred at T & M
ALL engineering of Monuments Is excluded
Written Authorizadan Is Required Prior to Proceeding With Work
ACCEPTED BY, P-0, Number
TrFLS: Job Number
Bond Rate f.5 Addendums
This quote includes all stipulations found on page 2
Page 1 of 2
QUOTE PREPARED BY Danny Azcueta
CHRIISP COMPANY