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HomeMy WebLinkAboutGuiliani & Kull-San Jose, Inc. 10.13.2025AGREEMENT THIS AGREEMENT is made and entered into on the day of October , 2025 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Guiliani & Kull -San Jose, 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: Task 1 — Topographic Survey Conduct a topographic survey of a 150 -foot section of Fremont Road at the intersection with Shady Oaks Court. Task 2 ® Street Reconstruction Exhibit Prepare a design exhibit for the proposed street reconstruction. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from Contractor dated October 1, 2025 3. TERMS. The services and/or materials furnished under this Agreement shall commence October 6, 2025 and shall be completed by October 30, 2025, 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 seven thousand dollars and zero cents ($7,000.00) 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 -o-n 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 4/26/22 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. Withregard 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. 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 4126/22 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 Agreeme-nt 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 4126/22 h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Utility Engineering Manager 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 modiN the Contract Administrator at any time upon providing written notice to the CONTRACTOR. 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 inthis Agreement and not the Exhibits. Jill I IIIJ: EL I This Agreement shall become effective upon its approval and execution by TOWN. In w itness whereof, the parties have executed -this Agreement the day and year first written I above. CONTRACT COORDINATOR anif representative for TOWN: John Chau Interim Project Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94:022 Town of Los Altos Hills Short form Updated 4126/22 CONTRACTOR: C4j(j4j*Vj ;H4144.Wo*!r4A1 lro:�o� JAJ -11 BY * /'Z5 ignature Date M" Prilnt name, Title ITI Page 4 of 4 '0000 0 0 0 rA"% a me San Jose, Inc. woo %aiuliani mull 5 1, Engineers Planners Surveyors October 1, 2025 John Chau Town of Los Altos Hills, 26379 Fremont Road Los Altos Hills, CA 94021 re Proposal for Surveying & Engineering Services, along Fremont Road @ Shady Oaks Court. Los Altos Hills, California 0 Thank you for the opportunity to offer surveying and engineering services for your project in Los Altos Hills. The attached proposal describes in detail the specific surveying and engineering taskitems requited for reconstructingthe existing pavement along Fremont Road, at the intersection of Shady Oaks Court, in the Town of Los Altos Hills. If this proposal I.$ acceptable, please sign in the space provided and initial all six sides of the attached Standard Provis . ions. A returned copy will be our authorization to proceed. 1 The topographic survey of Fremont Road will not be a boundary survey, as the survey monuments in Fremont Road and Shady Oaks Court appear to be missing. 2. The improvement plan for this intersection will be only a one page exhibit A showing the new grades and slopes of the new pavement 'in this intersection, anu the pavement section thickness. Sincerely, GI'uli*an'l' & Kull -San Jose, In. IIM Mark A. Helton-,. PE,_ PLS 4880 Stevens Creek Boulevard, Suite 100 * San Jose, California 95129 * (408) 615-4000 Fremont Road @Shady Oaks Court Page I of 6 Pages EXHIBIT "A" Proposal for Surveying & Engineering Services, along Fremont Road @ Shady Oaks Court. Los Altos Hills, California Peter Pirnejad, City Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONSULTANT Giuliani & Kull -San Jose, Inc. 4880 Stevens Creek Blvd., Suite 205 San Jose, California 95129 This agreement entered into in San Jose, California hereby binds the Client and the Consultant to the following scope of services and compensation: The proposed project is the to provide topographic surveying services for reconstruction of the intersection of Fremont Road, at the intersection of Shady Oaks Court, in the Town Los Altos Hills, California SCOPE OF SERVICES The following scope of services is offered for the completion of the surveying work effort: Task 1 - Partial Tor)oa_ra_phc.....,Surveyin,g along Fremont Road Giuliani & Kull -San Jose, Inc. will provide topographic surveying services for the proposed reconstruction of the pavement at Fremont Road and Shady Oaks Court. We Fremont Road @Shady Oaks Court Page 2 of 6 Pages will prepare a Partial Topographic Survey of Fremont Road roadway, both North and South, 75 feet, from the intersection of Shady Oaks Court. We will survey in the edge of pavement, on both sides of the street, as well as the center (crown) line of Fremont Road. In addition, we will locate any visible utility structures in this approximately 150 feet long section of roadway, as well as any driveways. The survey will be tied into the Town of Los Altos Hills Benchmark Circuit. Files for the 24" x 36" Topographic Survey will be provided in both an Autocad file, as well as a PDF file, Task 2 - Exhibit for the Street Reconstruction Giuliani & Kull -San Jose, Inc. will prepare a 24" x 36" Exhibit for the proposed reconstruction of the pavement at the intersection of Fremont Road and Shady Oaks Court. This exhibit will show the existing and proposed grades for the edge of the road, as well as the center (crown) line of Fremont Road. The cross slope in this area will be reduced down to a minimal 2% cross slope where feasible. The exhibit will show conform paving at the North and South ends of the 150 feet of road to be reconstructed. In addition, there will be a pavement section shown, (tentatively to be a 6" full -depth asphalt deep -lift), on a recompacted subbase, (compacted to 95%). The following services are specifically not included as part of the consultants work effort under this contract: (a,) Title services, including obtaining title reports, deeds, etc. (b) Boundary Surveying services ( c) Construction Staking Services The above listing is not intended to be exhaustive and shall not be construed to include any work as offered under this proposal specifically identified in the Scope of Services. COMPLETION OF WORK See Exhibit "B" COST OF SERVICES See Exhibit "C" Fremont Road @ Shady Oaks Court Page 3 of 6 Pages . 1-Tj S MM1W The services described herein will be provided in accordance with the attached Standard Provisions of Agreement. The services described herein will be provided in accordance with the attached Standard Provisions of Agreement. Compensation shall be payable monthly as the work is performed. Invoices shall be payable within 30 days of the date of invoice, Extra work 'items or other additional services (beyond those described herein) will be provided 'in accordance with our standard schedule of hourly rates in effect at the time fi.. the work 'is performed. If this proposal 'is acceptable, please sign one copy and initial all six sides of the standard provisions attached hereto. A returned copy will be our authorization to proceed. Respectfully Submitted, Accepted., Glufian'l & Kull#,San Jose., Inc. Town of Los Altos Hl"lls Mark A. Helton, PE, PLS Peter Pirnej*ad Date Fremont Road @Shady Oaks Court Page 4 of 6 Pages EXHIBIT A`B" This work shall be performed within thirty (30) calendar days of our notice to proceed. Fremont Road @Shady Oaks Court Page 5 of 6 Pages The professional services described in the Scope of Services are offered for the following fees: Task 1 - Topographic Surveying along Fremont Road $3,000.00 Task 2 - Reconstruction Exhibit for Fremont/Shady Oaks Intersection $40,000.00 R The services described herein will be provided in accordance with the attached Standard Provisions of Agreement. Compensation shall be payable monthly as the work is performed. Invoices shall be payable within 30 days of the date of invoice. Fremont Road @ Shady Oaks Court Page 6 of 6 Pages Qualifications for Provid*mg,.Survev*ing5ervi*.ces to the Town of Los Altos Hills Giuliani & Kull -San Jose, In.c4 is a professional services organization with a strong background . I * *1 en *neering and land surve *ng. Our des' I I n cIvi 91 Yi ign approach's to have a *rage person 'in charge of each project. This ensures mat the project i's well coordinated and effectively processed. All projects are processed in a timely marmer with the appropriate detail and quality to assist 'in public approvals, Mark Helton, PLS 7078, has been providing h services to the Town of Los Altos Hills for .any years. In addition, he currently is the City Surveyor for both the City of Los Altos, 4 Cupertino, Burlingame,, Sunnyvale, as well as the City of Saratoga. He has worked with. the Town of Los Altos Hills Public Works Department staff for over 30 years. The finn's capabilities span a broad spectrum of both public "improvements and private development projects. Our staffs expertise includes the following areas of specializations: z "r Subdivision Mapping t r 1 11r Maps & Parcel Maps) Record of Surveys Legal Descriptions Plats ALTA/ACSM Surveys Topographic Surveys Boundary Surveys Condominium Plans Axmexation Documents Lot Line Adjustment Documents Giuliani & Kull -San Jose, Inc. has worked on a variety of Projects throughout the Town of Los Altos Hills, In addition, we have worked directly for the Town of Los Altos Hills Public Works Department for tbeir various surveying needs. Giuliani & Kull -San Jose, Inc. has had the opportunity of working on over 100 different projects throughout the Town of Los Altos Hills in the past 30 years, including: