Loading...
HomeMy WebLinkAboutLea & Braze Engineering, Inc. (6)AGREEMENT THIS AGREEMENT is made and entered into on the Voday of , 2018 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Lea & Braze Engineering, Inc. (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 survey staking and provide right of way exhibit along Altamont Road 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated April 12, 2018 3. TERMS. The services and/or materials furnished under this Agreement shall commencet zt k o t3 and shall be completed by t � (� , unless terminated pursuant to ctjon 5(f). l 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed Two thousand eight hundred eighty dollars and zero cents ($2,880.00) 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 1 of 4 Short form Updated 4/23/10 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. 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 4/23/10 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 4/23/10 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. INVt:)ICINC. Sendall 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: Allen Chen Public Works Director 'Town of Los Altos Hilts 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills short VM UNM0 4=10 CONTRACTOR: $1 ature Date &an( Lrxec,z5,1-a+�c1' Print name, T1tte TOWN OF LOS ALTOS H S: By: ®' 4C9rCahilOCRYManage D Pane 4 of 4 L)IXLEA & BRAZE ENGINEERING INC. -CIVIL ENGINEERS I LAND SURVEYORS Project No. 2180461 -SU April 12, 2018 Proposal for Professional Land Survey Services Altamont Road — Los Altos Hills — California Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Attn: Allen Chen I Phone: 650-947-2516 1 Email: ashen@losaltoshills.ca.gov Project Description: Altamont Road - Los Altos Hills, California 94022 Scope of Base Services by Lea & Braze Engineering Inc: 1) Boundary Survey and Plat: Research and calculations to establish horizontal boundary control for right-of-way in area shown on page 4 of this proposal. Provide a "Boundary Plat" that includes horizontal location of existing fence line in relation to established property lines. Survey to also set temporary markers along right-of-way line. The Client agrees to compensate Lea & Braze Engineering as follows: Fees for base services items one and two inclusive: $2,500.00 Plus direct reimbursable cost (Approx. $80) - please refer to attached `Exhibit B- Fee Schedule" Please note: All invoices shall be due upon receipt. A late charge of 1.5% per month will be added to any unpaid balance after 30 days. Any additional work requested by client not listed above will be billed separately on an hourly basis or by separate agreement. Our current schedule for new Survey Projects is approximately 15-20 business days. Should these terms be acceptable to you, please return one signed copy (also initial the other pages where indicated) of this proposal. Please call or email (mf@leabraze.com) with any questions. For Lea and Braze Engineering, Inc.: Mirko Ferreira - Survey Department Manager Client Signature Approval: Please print name and title: NV,4-, C,_"�,,a,@, Attachment: "Exhibit A " Fee Schedule and Specific Exclusions [please initial & return also] Gregory F. Braze, PLS 7623 Principal Surveyor - Survey Dept. Corporate Office: 2495 Industrial Parkway West Hayward, CA 94545 Ph: (510) 887-4086. Fax: (510) 887-3019 - Quotation valid for 45 days - James Toby, PE 63127, PLS 8102 Peter Carlino, PE 79555 Principal Engineer - Civil Dept. Principal Engineer - Civil Dept. Sacramento Region: 3017 Douglas Blvd, Suite 300 Roseville, CA 95661 Page 1 of 4 Ph: (916) 966-1338 . Fax: (916) 797-7363 ALEA & BRAZE ENGINEERING, INC. CIVIL ENGINEERS i LAND SURVEYORS ENGINEERING SERVICES - EXHIBIT "A" General Provisions Client and Consultant agree that the following provisions shall be part of this agreement: 1) Client and Consultant agree to cooperate with each other in order to fulfill their responsibilities and obligations under this agreement. Both Client and Consultant shall endeavor to maintain good working relationships among members of the project team. 2) This agreement shall be governed by and construed in accordance with the laws of the State of California. 3) If a required retainer or deposit is not received within 72 hours of the receipt of signed Client approval, services may be delayed. 4) Client agrees that if Client requests services not specified in the scope of services described in this agreement, Client will pay for all such additional services as extra services in accordance with Consultant's billing rates utilized for this agreement. 5) Adoptions of Codes and Ordinances by reviewing agencies, including changes in interpretation of such by reviewing agencies, may require revised or additional services by Consultant which shall be billed at current billing rates. Consultant shall notify the Client in writing of changes in review process because of changes in application by reviewing agencies or changes in reviewing agency personnel if additional costs are caused thereby. 6) All fees and other charges due Consultant will be billed upon the completion of work for submittal to reviewing agency (or a percentage thereof), or at periodic intervals; and shall be due at the time of billing unless specified otherwise in this agreement. Invoices shall be due upon receipt. Late charges of one and one-half percent (1.5%) per month are assessed if payment is not received within thirty (30) days. Termination of services requires written notification. Work stopped in progress will be billed based on time basis, plus any associated reimbursable expenses. If invoices become past due over sixty (60) days, from receipt by Client, Lea & Braze Engineering, Inc. shall have the unilateral and unequivocal right to suspend performance of services without liability for delay or for consequential or other damages which may result from such suspension. 7) Client agrees that all reports, plans, specifications, field data and other documents, including such in electronic media, which are prepared by Consultant, shall remain the property of the Consultant and may be used by the Consultant. Upon payment of all outstanding fees Client shall be entitled to use of final plans and specifications unless Client is in default of this agreement. 8) Client agrees to not use or allow to be used by other parties' survey documents which are not final and which are not signed and sealed by Consultant, and to not allow other parties to modify survey and specifications prepared by Consultant. 9) In no case shall the Consultant be responsible for job site conditions or safety. 10) If Client is not the Owner of the property on which the project is designed, a Preliminary Lien Notice shall be mailed to the Owner upon commencement of work by Consultant. 11) Client shall pay for additional or revised insurance or liability by the Client should such be requests be made by Client. 12) In the event the parties to this Agreement are unable to reach a settlement of any dispute arising out of this Agreement or related to the services under this Agreement, then such disputes may, with the consent of both parties, be settled by binding arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association or such other arbitration rules as the parties may choose. In any such arbitration, the laws of the State of California shall apply. 13) Client agrees to limit the liability of Consultant, its principals, employees and sub -consultants, to Client and to all contractors and subcontractors on the project, for any claim or action arising in tort, contract, or strict liability to the sum of $50,000. Client and Consultant acknowledge that this provision was expressly negotiated and agreed upon. Exhibit "A" — General Provisions & Fee Schedule page one of two Corporate Office: Sacramento Region: 2495 Industrial Parkway West 3017 Douglas Blvd, Suite 300 Hayward, CA 94545 Roseville, CA 95661 Ph: (510) 887-4086 . Fax: (510) 887-3019 Page 2 of 4 Ph: (916) 966-1338 • Fax: (916) 797-7363 LEA & BRAZE ENGINEERING, INC. CIVIL ENGINEERS I LAND SURVEYORS ENGINEERING SERVICES - EXHIBIT "B" Civil Principal Senior Project Manager / Sr. Engineer Project Manager / Engineer Design Engineer Engineering Technician Civil CAD Drafter Fee Schedule $230/hr Survey Principal $205/hr Associate Surveyor $180/hr Survey Calculations $165/hr 1 -Person Survey Crew $150/hr 2 -Person Survey Crew $130/hr Survey CAD Drafter Depositions and/or court appearance $475/hr with a 4 hour min. Clerical $230/hr $180/hr $150/hr $205/hr $235/hr $130/hr $85/hr Note: Attendance at meetings and site reviews will be subject to a two (2) hour minimum charge to allow for preparation, travel, and meeting time. Plus direct reimbursable expense cost, such as but not limited to: In-house printing for check -prints and prints for issuance, record maps at $10.00 per sheet, documents by outside parties at $8.00 per document, supplemental insurance (i.e. waiver of subrogation, or additional insured), travel expenses and mileage (per Standard IRS mileage rate). Costs for local overnight deliveries will be $30.00 each and $45.00 each for early delivery (Sunrise Sam service), plus an additional minimum of $5.00 for packages weighing over 5lbs. Same day / Rush deliveries will generally be from $100.00 to $150.00, with cost based on time of day, distance and weight. Required rain gauges $100, Mailbox to house SWPPP $120 (only if required), rain gauge stand $120 (only if required). Lea & Braze In-house Printing Type - Size Cost Type - Size Cost Bond Black & White — 24"x 36" $3.50 per sheet Mylar Black & White — 18"x 26" $20.00 per sheet Bond Black & White — 30"x 42" $7.00 per sheet Mylar Black & White — 24"x 36" $40.00 per sheet Other media, sizes, or color prints Unit Cost can be provided upon Client request Fees effective as of January 2017 -- Rates are subject to periodic change -- Exhibit "A" — General Provisions & Exhibit °B" — Fee Schedule Client Initials Consultant Initials mf Corporate Office: Sacramento Region: 2495 Industrial Parkway West 3017 Douglas Blvd, Suite 300 Hayward, CA 94545 Roseville, CA 95661 Ph: (510) 887-4086 . Fax: (510) 887-3019 Page 3 of 4 Ph: (916) 966-1338 . Fax: (916) 797-7363 e Legend Untitle 'Ma'p j( D •t .Y t SSP T- I? #iS 1- i'�, �q`f{ } f 1N d y (� ,t 4 1.16 t �4. 1 f ! dpi:{ i f i c i kx #i t S hl Y W& u. ; ,.- i tea° =A it ISIMIVA _'r-�3' 1 S.s :Jd 34 Ie Eartt� ,r � � ,�, �fy raI -:.; 5..•: " s i.!`'Y ,�`_z,i..-' VA, Rllfi R (•t.l p