Loading...
HomeMy WebLinkAboutFreyer & Laurenta, Inc. 12.17.2025AGREEMENT THIS AGREEMENT is made and entered into on the l7dAy of December 2025 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Freyer & Laureta, 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: Provide review and comments on the following Town's sewer documents: - Standard Detail SS -1: Sanitary Sewer Manhole - Standard Detail SS -2: Manhole Frame and Cover - Standard Detail SS -3: Flushing Inlet - Standard Detail SS -4: Flushing Inlet Frame and Cover - Standard Detail SS -5: Sanitary Sewer Lateral - Standard Detail SS -6: Vertical Sewer Lateral Cleanout - Standard Detail SS -7: Lateral Connetion to existing sewer main - Standard Detail SS -8: Drop Manhole Connection - Standard Detail SS -9: WYE Branch Lateral - Standard Detail UT -1: Backfill Detail — Street - Standard Detail UT -2: Backfill Detail — Shoulder/easement - Town's Sanitary Sewer Construction Standards, 16 pages - Encroachment Permit Traffic Control Standards - 2025 Sanitary Sewer Repair and Replacement Project, Plans and Specifications - New Sewer Main Extension project 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A: Proposal from CONTRACTOR dated October 30, 2025 3. TERMS. The services and/or materials furnished under this Agreement shall commence January 1, 2026 and shall be completed by June 30, 2026, 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 and two hundred dollars ($7,200.00) 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. Town of Los Altos Hills Short form Updated 4/26/22 Page 1 of 5 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 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. 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 Page 2 of 5 Short form Updated 4/26/22 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 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. 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 5 Short form Updated 4/26/22 h. CONTRACT ADMINISTRATION. The TOWN hereby designates 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 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 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 CONTRACTOR: representative for TOWN: Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road By; a December 15,2025 Los Altos Hills, CA 94022 Jeffrey arantino Date Executive Vice President TOWN OF LOS ALTOS HILLS: By: Cody Einfalt, Date Acting City Manager Town of Los Altos Hills Page 4 of 5 Short form Updated 4/26/22 NFREYER EXHIBIT "A" LAURETA,INC. Civil Engineers — Surveyors — Construction Managers October 30, 2025 W. Daniel Liang, P.E. Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, California 94022 RE: Engineering Services for the Sanitary Sewer Capital Improvement Program Los Altos Hills, California Dear Mr. Liang, Freyer & Laureta, Inc. (F&L) is pleased to present this proposal to the Town of Los Altos Hills (Town) to provide peer review of Town's annual Sanitary Sewer Standards. We have developed our proposal based on our discussions with the Town during our October 8, 2025 meeting at Town Hall. Scope of Work Task 1: Sanitary Sewer Standards Review F&L will review the Town's existing sanitary sewer system standard details as well as the construction documents from the most recent annual CIP. The goals of F&L's review include: Confirm that the Town's standard requirements are consistent with current industry standards; Peer review the Town's standard details to confirm consistency with other agencies' standards; Review current annual CIP construction documents for clarity and constructability items to advise the Town on best construction practices; and Provide feedback on construction notification and public communication best practices. F&L will review documents provided by the Town and develop an opportunities matrix with potential enhancements that the Town may consider incorporating into the existing standard requirements and details. F&L will prepare for and attend an in-person meeting with the Town to review the opportunities matrix and facilitate a discussion among the group to identify potential standard requirements and details revisions (if any). F&L will prepare meeting minutes to document the group's discussion, including action items. Deliverables Draft Sanitary Sewer Standard Requirements and Details Opportunities Matrix Agenda and minutes for one meeting Final Sanitary Sewer Standard Requirements and Details Opportunities Matrix F&L proposes to complete the Scope of Services within 15 business days of Notice to Proceed. North Bay Office , ast Bay office South Bay Office 150 Executive Park Blvd, Ste 4200 505 San Marin Dr, Ste A220 1101 Marina Village Pkwy, Ste 104 20863 Stevens Creek Blvd, Ste 275 San Francisco, CA 94134 Novato, CA 94945 Alameda, CA 94501 Cupertino, CA 95014 (415) 534-7070 (415) 534-7070 (510) 937-2310 (408) 516-1090 EXHIBIT "A" F� F&L proposes to provide the Scope of Work on a time and material basis in accordance with our Charge Rate Schedule dated January 1, 2025 for a not -to -exceed fee of $7,200. The estimated level of effort is presented in Table 1 attached to this proposal. Thank you for the opportunity to provide you with this proposal. Please contact me at (650) 619-3226 or tarantinoofreyerlaureta.com with any questions or comments. Very truly yours, Jeffrey J. Tarantino, P.E., Executive Vice President FREYER & LAURETA, INC. Attachments Freyer & Laureta, Inc. Charge Rate Schedule dated January 1, 2025 Table 1: Estimated Budget for Task 1 FREYER & LAURETA, INC. Civil Engineers Surveyors Construction Managers vi N N D < O O V OF (/f W i a Ln E O LA o O v~i 0 OU a -Vr to LU a j O t%1 Ln d LA o z o v E V W O U W � a o w F Z O O H Z Z) Q O co H cn OLn d ut O Ln co ° g o jpdpuud rn N �r N N Al Jaawdu3 44VIS 0 co N N N L W j O N _ � I I AaaUIBU3 l p15 t= "' LA o: g aaauiBu3 JPIS w m JpDuaID N 7 0 N v � O = O E Li FO- 00 c v Q) E v v N Ln• H • • x E v x u • o _ 0 N D N 0 y • O 2 O • 3 v v M O_ m O_ N v v T C O � O Q w N U Z a LU W a J 0: W y W C LL O FREYER EXHIBIT "A" Effective January 1, 2025 LAURETA, INC. Professional & Technical Services of Freyer & Laureta, Inc. staff are provided on a fixed fee or an hourly rate basis as follows: Fixed Few Where a definitive scope of work can be established, many of our clients prefer that a specific fee be agreed upon in advance. Billings are submitted monthly based upon percent complete as of the last accounting day of the month. Applicable to Plan Preparation, Design, and Report services where the scope of work must remain open, Freyer & Laureta, Inc. utilizes the following hourly charge rate basis for billing purposes. Production Aide - Clerical $115 Drafter I - Technical Typist - Survey Tech II $120 Drafter II - Word Processor $130 Engineering Tech I - Drafter III $145 Staff Engineer I - Engineering Tech II - Survey Tech III $170 Staff Engineer II - Engineering Tech III - Survey Tech IV $175 Staff Engineer III - Senior Engineering Tech $180 Staff Engineer IV - Survey Tech V - Construction Inspector $200 Associate Engineer - Associate Surveyor (L.L.S.) $215 Senior Engineer - Construction Manager $230 Senior Construction Inspector $230 Project Manager - Principal Surveyor (L.L.S.) $245 Senior Project Manager - Principal Surveyor (L.L.S.) $265 Associate Principal $275 Principal $295 Forensic Engineering $400 Deposition & Court Appearance $500 Subconsultant, Reproduction, Printing, Travel, Mailing & Delivery - Cost plus 10% Interest Charge - Billings are due and payable The foregoing Charge Rate Schedule is within 30 days. A monthly interest charge equal to the incorporated into the Agreement for the Services of Federal Discount Rate plus 5% will be applied on the Freyer & Laureta, Inc. and may be updated annually. next billing beyond the 30 -day payment period.