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HomeMy WebLinkAboutM Designs Architects 04.01.2026AGREEMENT THIS AGREEMENT is made and entered into on the I -e�d-ay ofA-pr l l , 2026 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and M Designs Architects (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parries hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Pro bono architectural services for the Parks and Recreation Center Renovation Project 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 23, 2026 3. TERMS. The services and/or materials furnished under this Agreement shall commence on March 23, 2026, and shall be completed by December 31, 2027, 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 One Thousand dollars and Zero cents ($1,000.00) for reimbursable items 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 5 Short form Updated 428!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. 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. 1111 F 1 : i 1 i 1 1 1 t ,r. • 1 9 1 1 ." M.�� / �' i -� ':, 111 lil 11 •• .i 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. 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 Town of Los Aitos Hills Page 3 of 5 $host form Updated 4IZ6I22 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. 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 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: WooJae Kim Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4126122 CONTRACTOR: By: 0 3 Z -'?2-6, Signature --V Da/e - / �-1 AL K P, 'f &)k, ' 1D r-( ) a 1,' Print name, Title TOWN OF LOS ALTOS H & By, 61 rl� Cody Einfalt, Ci pager Date Page 4 of 5 February 23, 2026 NESIGNS ARCHITECTS Town of Los Altos Hills Address: 26379 Fremont Road, Los Altos Hills, CA 94022 Subject: Probono Architectural & Design Services Project: Park and Rec Schematic Design and Programming services Dear WooJae Kine, Thank you for speaking with Malika and for the opportunity to present our Probono Services Proposal to you. We are happy to be part of this journey and looking forward to assisting the Town as best as we can. Please find below the proposal and description of the scope of work as we understand it. Proposal We are excited by the opportunity to do some creative work for our community. Sincerely, M•DESIGNS ARCHITECTS BY: Maliks Junaid, AIA Architect, License #C-32842 www.mdesignsarchitects.com 384 Castro Street- Mountain View, California 94041 • (650) 565-9036 Town of Los Altos Hills M -DA Agreement 2026-02-23 1 Page 2 CLIENT ARCIUTECT M•Designs Architects (650) 565-9036 www.M DesignsArchitects.com Town of Los Altos Hills M•DESIGNS ARCHITECTS (MDA) Address: 26379 Fremont Road, Los Altos Hills, 384 Castro Street, CA 94022 Mountain View, CA 94041 A. PROJECT DESCRIPTION New building for the Park and Recreational Department: Pro bono Architectural services for the schematic design and planning approval of a New Park and Recreational Department building Address: 26379 Fremont Road, Los Altos Hills, CA 94022 Architect to design and prepare a conceptual plan to obtain Council approval for a new 1,000-1,200 SF office building to replace the Parks & Rec building at 26379 Fremont Road, Los Altos Hills, CA 94022. The estimated cost of this phase would be about 570,000. M. Designs Architects will provide these services on a pro bono basis for the tasks below. Scope of work • Demolish: o Existing 877 SF building o (2) redwood trees • Proposed: o New stricture in the same location as the existing building. o Site to be re -graded as needed to accommodate the new structure o Prelim Building program, will be further defined after the meeting with different Town departments: ■ (1) Enclosed office mirulnum ■ (6) Workstations minimum ■ Conference room ■ Break room with kitchenette ■ --Server room: -electrical panel, IT equipment ■ Janitor storage ■ General storage ■ (1) ADA bathroom, soundproofed (water closet & lavatory) with more privacy for usage. Town of Los Altos mills M -DA Agreement 2026.02.23 1 Page 3 M- Designs Architects (650)565-9036 www.M DesignsArchitects.com Additional Consideration. The Architect shall: • Help with public outreach listening session • Help the town to create the final programming document for the bases of design work • Work on the schematic design and get public input • Take the design through Planning Commission and City Council approval processes • Review the construction documents prepared by the Architect of Record for general conformance with the design intent as approved by the Town's City Council. Schedule. The schedule will be put together to help streamline the project once the Pre -Design Phase starts. Town of Los Allos Hills M - DA Agroernent 2026-02-23 I Pago 4 M -Designs Architects (650) 565-9036 www.M DesignsArchitects,com --------- ------ 1. ARCHITECTURE Provide architectural design and documentation services. A. Pre —Desi gm . Review Toxon ordinance,.; for planning and zoning issues mid constrAints. - Collaboration/cootditiitiojiwith ,v,,irloiisprefabricated btilldiiigcomp i.iiies/uiriiiii�facmrers. (1) Meeting: Conduct an in-depth, Programming session Ndfli the various stakeholduslike F,DPC, .I,Iistori.c Committec, Finance Departnient.5 Planning department etc. (2)- Public outreach ineeflug to get public- opinion -(Arranged- by the -Town -stab, -MDA representative will attend for feedback) Fimal approval of the program dodument, (Includin' g details of space planning scope as well as architectural style) incoordination with'rown staff to start the design concepts. D. Conceptual/Schematic Design- Prepare Conceptual Pic Dosi19 a sketches to create the gra h interpretation of the Program, in plans and elevations and address all Phases of the work being contemplated, including - 1. Design Schemes: 'I'mro,(2) Design Sefteines with floor plans shaft be presented for discussion, modification, and aljl)roval.�le.estiiiiato,,ibotit 2 design meetings to finalize the, floor plans. 2. Exterior Renderings: Two 3D Renderhigs shall be prepared as visualization tools to present the approved Comoptual Design for discussion, modific-ation, and.apProv al. C. Planning Package: Prepare the required Planning Package docunients for the Town, including plans, elevatlons,, and color boards, D. Design Deielopment: N/A E. Construction Documents: Upon approval of the Design by the Town planning process, lie.11) the partner architect to take over the project,. MDA to consult to in sure the design 1111tentis intact. F. Contractor Selection: N/A G. Construction Support: N/A 11. Interior Design: NIA Project Management., N/A Town of Los Altos Hills M-DAAgreoment2026-02-23 1 Pago 5 2. ENGINEERS AND CONSULTANTS M - Designs Architects (650) 565-9036 www,M DesignsArdlitects.com Engineeringand Cousultant Services may be necessary and are nothicludeditiMi-DA services. M*DA can provide Consultant recommendations, as needed, and.w.11-1 act on the Towns belialf to manage the Engineering wid Consultants and coordinate the pr �dct team. The ToWn will directly contract with 1 01 Engitieers and Consultants for these seMices based on the project re- quirehients. These servicesway include the following: 0 Preparation of existing condition drawings, if required # Topographic St (Already done by Lea and Braze) 4 soils Et gnre ri 0 Structural engineering 0 Arborist Engineering 0 Title 24/GreenBuilding Compliance # I-IVAC,/Pltijiibitig/Electric,,iI — usually provided by the General Contractor and subcontractors. 0 Landscape Architect * Audio -Visual Consultant 0 Gray water and Rainwater harvesting consultatit. Town of Los Altos Hills M• DA Agreement 2026-02-23 1 Page 6 C. FEE DISCUSSION M -Designs Architects (650) 565-9036 www.M DesignsArchitects.com Architectural fees are Estimated to be Seventy Thousand Dollars (S 70,000) which are going to be waived as a pro bono service to work_ with the Town and includes the work as described in Section 1.B.1. Scope of Services. Reimbursable Expenses: Reproduction, printing, and similar costs, if any, shall be invoiced directly to the Town by the vendor, and the Town shall pay such invoices directly. The Town shall notify the Architect of any preferred vendors; if none are specified, the Architect will use vendors with whom it has an established relationship. Client's Initials M - DA Initials MnGCIr_nI_ni ARAAA ,., . CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDDIYYYY) 3/31/2026 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER, THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder 1s an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER License # OL53977 Prevot & Associates Insurance PO Box 1460 Los Gatos, CA 95031 CONTACT Michael Prevot NAME: PHONE FAX A/C, No, Ext : (408) 872-1322 101 A/C, N,):(408) 647-2193 n DRIEss: mikep@prevotassociates.com INSURERS AFFORDING COVERAGE NAIC # 10/20/2025 INSURER A: Continental Casualty 20443 2,000,000 EACH INSURED INSURER B:AS en American Insurance Company 43460 INSURER C : M Designs Architects INSURER D : 384 Castra St Mountain View, CA 94041 INSURER E INSURER F: CnVFRAnFR CFRTIFICATF NIIMRFR- REVISION NIJMRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILSR IR TYPE OF INSURANCE ADDDL SUBp POLICY NUMBER (MMIDPOLIICDY EFF POLICY EXP LIMITS A — — X COMMERCIAL GENERAL LIABILITY -- —— — -- - --- CLAIMS -MADE X OCCUR X — — — 4017806041 10/20/2025 2,000,000 EACH 10/20/2026 DAMAGE TO RENTED 1,000,000 PREMISES Ea occurrence MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: X POLICY ❑ PRO -- LOC OTHER: GENERAL AGGREGATE 4,000,000 PRODUCTS - COMP/OP AGG $ 4'000'000 A AUTOMOBILE LIABILITY ANY AUTO OWNED SCHEDULED AUTOS ONLY AUTOS AUTOS ONLY X AUO OS ONEY 4017806041 10/20/2025 10/20/2026 CO MBINED SINGLE LIMIT 1,000,000 Ea accident BODILY INJURY Perperson) BODILY INJURY Per accident $ X PROPERTY DAMAGE Per accident UMBRELLA LIAB EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED I I RETENTION $ WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N OFFICERO/MEMBER EXCLUDED? ECUTIVE ❑ (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A PEROTH- STATUTE ER E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYE $ E,L. DISEASE - POLICY LIMIT B B Errors & Omissions Errors & Omissions AAAE100134-07 AAAE100134-07 10/20/2025 10/20/2025 10/20/2026 10/20/2026 Retention $15,000 1,000,000 Aggregate 2,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is re uired) Town of Los Altos Hills its elective and appointed officers, employees, and volunteers are named as additional Insureds as per written agreement and where allowed by law. Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ,/ {� ` ' ACORD 25 (2016103) ©1988-2015 ACORD CORPORATION. All rights reserved. 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