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HomeMy WebLinkAboutWoodard & CurranAGREEMENT 25th THIS AGREEMENT is made and entered into on the day of September 2023 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Woodard & Curran (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: Sewer Impact/Capacity Study for 10728 & 10758 Mora Drive Builder's Remedy Building Application 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated July 28, 2023 3. TERMS. The services and/or materials furnished under this Agreement shall -- commence September 25, 2023, and shall be completed by -November 30, 2023, 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 dollars and zero cents ($12,000.00) 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. 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 negligent performance of CONTRACTOR Town of Los Altos Hills Page 1 of 4 Short form Updated 4/26/22 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. Neither party shall be responsible or liable to the other for special, indirect or consequential damages. 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 liability pursuant to standard ISO policy form CG 00 01 language, 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 per claim and 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 and the Commercial General Liability and Automobile liability policies. 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 4/26/22 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. Notwithstanding any other provision to the contrary, Contractor will retain all right, title and interest, including without limitation all intellectual property rights in and to (a) Contractor's designs, tools, methodologies, programs, proprietary software, Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 software frameworks, source code, specifications; and (b) third -party works or products that Contractor has acquired the rights to use or derivative works or modifications to the same. h. CONTRACT ADMINISTRATION, The TOWN hereby designates [insert applicable staff title] and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. i. 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 ail -invoices -to -the contract coordinator at theaddressbelow—. - 7. Limitation of Liability. The total aggregate liability of the Contractor to the Town for any and all claims whatsoever arising out of this Agreement shall not exceed the total applicable insurance proceeds payable to the Town as an additional insured or Contractor from its insurers up to the amount specified in such policies with the minimum amount as set forth in Section 5(b) hereinabove. 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: WooJae Kim Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Shodform Updated 4126122 CONTRACTOR: By: Ad� /Z� Signature Date 67�A_ Tk, Vea Rg Print name, Title TOWN OF LOS ALTOS HILLS: By: Peter Pir6ejjad,UitY Manager " ate Page 4 of 4 2175 N California Blvd T 800.426.4262 Suite 315 T 925.627.4100 Walnut Creek, CA 94596 www.woodardcurran.com Via Electronic Mail July 28, 2023 Woojae Kim, PE 25� Public Works Director Town of Los Altos Hills Woodard 26379 Fremont Road & Curran Los Alto Hills, CA 94022 Re: Sewer Impact Evaluation for 10728 and 10758 Mora Drive Developments Dear Mr. Kim: The Town of Los Altos Hills has requested Woodard & Curran review available sanitary sewer capacity for conveyance of flows from proposed developments at 10728 and 10758 Mora Drive. This proposal provides our proposed scope of work, budget, and schedule for this work. The Town's most recent Sanitary Sewer Master Plan was completed in 2018 by Woodard & -Curran: This -Master Plan included development of a trunk system hydraulic model,, calibrated - to flow monitoring data collected by the Town in 2016. This model will be used as the basis for this capacity evaluation. Tasks: • Review Master Plan files. Due to the time passed since completing the master plan and model, Woodard & Curran will review the key assumptions and conclusions from the Master Plan and the basis for the hydraulic model. • Review Developer Submittals. Woodard & Curran will review developer submittals for key relevant information, including nature of use, number of units, and proposed location and connection points. • Extend model network. The model currently includes only trunk sewers, terminating at SM H 1026 on Eastbrook Ave. Add additional pipes, extending up Eastbrook Ave and Mora Dr. This is approximately 4,000 If of 6 -inch and 8 -inch sewers. Obtain data for added pipes from record drawings as available if provided by the Town, available GIS or survey data, and/or inference (where reasonable). No survey or field investigation of pipes is included. Reload parcel loads to added pipes. Add development flows. Estimated flows from the proposed development will be added to the model. Unless directed differently by the Town, it is assumed that the same flow factor and peaking curve as used for the Master Plan will be applied to the development. Evaluate capacity (master plan scenarios). Run model to assess the impact on public sewer capacity and determine where additional capacity would be required if needed to convey increased flows caused by the proposed development. Capacity deficiency will be defined based on the criteria used for the Master Plan (surcharge under peak dry weather flow or hydraulic gradeline within 5 feet of ground under peak wet weather flow) or an alternate criterion as defined by the Town. Capacity will be reviewed for Town sewers downstream of the development, including Mora Drive and Eastbrook Avenue, downstream to where sewers discharge to City of Los Altos on Magdalena Avenue. Note that a section of the sewers downstream of the development, between Interstate 280 and Magdalena Avenue, is (or was as of 2017) owned by City of Los Altos before re-entering a Town -owned sewer on Magdalena Avenue. • Model will be run for Existing (2017) and the "200 -Foot Connections" scenario described in the Master Plan. The 200 -ft connections scenario includes potential future housing sites from the Town's previous housing element and assumes parcels within 200 feet of a sewer main that were served by septic systems as of 2017 will be Woodard connected to the public sewer. This situation applies to several parcels in the drainage & Curran area for pipes receiving flow from the proposed development. • Prepare TM. Prepare a brief technical memorandum summarizing the model assumptions and results, along with appropriate figures (e.g„ model -generated hydraulic profiles or thematic maps showing potential capacity deficiencies). Incorporate Town's comments into a final TM. • Project Management. Woodard & Curran will monitor project budget and schedule, prepare monthly invoices and progress reports, and communicate with the Town via email and teleconference. Up to two teleconference meetings of up to 1 hour in duration are included. Key Assumptions: • Evaluation will be based on the hydraulic model and associated criteria developed and used for the 2018 Master Plan • The model is based on water consumption data from around 2016 and parcels connected to the sewer system at that time, Future development is based on the Town's previous housing element. This scope does not include updates to sewer loads other than the proposed development. • The two proposed development sites will be analyzed together, not individually. Deliverables: • Capacity Review TM (Draft and Final) Schedule: Draft TM will be completed within 3 weeks after receipt of all needed information from the Town (including record drawings, survey data, or sewer GIS files with manhole rim and pipe invert data as needed for the sewers to be added to the model). Final TM will be completed within 2 weeks of receipt of Town's comments, Estimated Fee: The estimated fee for this effort is $12,000, billed on an hourly basis in accordance with Woodard & Curran's standard hourly rate schedule at the time the work is performed. Please contact me via email at gju@woodardcurran.com or by phone at 627-4139 if you have any questions about this proposal. WOODARD & CURRAN Z44Z Vice President cc. Cathy Greenman, W&C Mora Dr sewer study proposal_072823.docx 2 Woodard & Curran, Inc. July 28, 2023