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HomeMy WebLinkAboutDewberry Consultants, LLC V *i1 AGREEMENT THIS AGREEMENT is made and entered into on the 19tH day of February, 2013 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as 'TOWN") and Dewberry Consultants LLC; 1410 Rocky Ridge Drive, Suite 305 Roseville, CA 95661 (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: Update Town of Los Altos Hills Local Hazard Mitigation Plan to be complaint with the Disaster Mitigation Act of 2000 and FEMA approved, in accordance with the Exhibits referenced in Section 2, below. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 13, 2013 Scope of Work from Contractor: Attachment "A" 3. TERMS. The services and/or materials furnished under this Agreement shall commence February 25, 2013 and shall be completed by February 25, 2014, unless terminated pursuant to Section 5(f). 4. COMPFNSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR on a time and materials basis in an amount not to exceed fifteen thousand dollars and zero cents ($15,000.00) 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 or other costs incurred 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 except for mileage reimbursement at IRS mileage rate and printing fees. Town shall pay a finance charge of 1.5% per month on any unpaid balance of an undisputed invoice not received within 45 days of the TOWN's receipt of such invoice. 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 Shod form UrEeled 4E3310 ) V 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, to the extent caused by or arising out of the negligent 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: 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. iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. 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 Hilts Page 2 of 4 Short tam Upenm MSn0 V `1111? 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 as deliverables under 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, and payment by the TOWN therefor, 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 aniiC Lr � h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties regarding the subject matter hereof. 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. JNVOICINQ. 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: CONTRACTOR: Carl Cahill I - City Manager Town of Los Altos Hills By: 2- IS 26379 Fremont Road Signa - Date Los Altos Hills, CA 94022 J �"" Qftg &aA )N Sgounrc Print name,Title TOWN OF LOS ALTOS HILLS: By: LiiiriiCALSCLC 3J7/LOi3 Carl Cahill,City Manager Date Town of Los Altos Hills Page 4 of 4 Shen ram Updtl.J 42110 fry ® Dewberry" Dewberry Consultants LLC 1410 Rocky Ridge Drive,Suite 305 Roseville,CA 95661-2822 916.380.3749 916.380.3750 fax www.dewberry.com February 13,2013 VIA E-MAIL Town of Los Altos Hills Attn:Marsha Hovey 26379 Fremont Road Los Altos Hills,CA 94022 (408)772-1210 marshahovey@mac.com Subject:Update to the Town of Los Altos Hills Local Hazard Mitigation Plan Annex Dear Ms.Hovey: Dewberry is pleased to provide this contract for services to update the Town of Los Altos Hills Local Hazard Mitigation Plan Annex.We understand that the Town has completed some activities towards updating this plan in conjunction with the regional hazard mitigation plan prepared by the Association of Bay Area Governments entitled`Taming Natural Disasters". Throughout 2010 and 2011,we coordinated a comprehensive planning effort on behalf of the Santa Clara County Office of Emergency Services to engage the County agencies and 13 incorporated cities in developing a countywide hazard mitigation plan with updated city annexes.The countywide plan remains an annex to ABAG's'Taming Natural Disasters"while incorporating local collaboration and evaluation of the hazards impacting Santa Clara County.Each city annex is customized to identify the specific hazard risks within the city limits and outlines specific actions the city has identified to reduce future risk.The customized city annexes allow each city to monitor and implement the mitigation plan components relevant to them,while maintaining a link to the countywide collaboration. We understand the Town of Los Altos Hills is interested in following a similar planning process to which the other cities in Santa Clam County followed to prepare an updated Local Hazard Mitigation Plan Annex connected to the Santa Clara County hazard mitigation plan and ABAG's"Taming Natural Disasters".Dewberry is available to facilitate this process and develop an updated annex for the Town of Los Altos Hills that is consistent with the recent hazard mitigation planning efforts conducted throughout Santa Clara County. We are committed to helping the Town achieve its goal of being compliant with the Disaster Mitigation Act of 2000 so that it may qualify for Hazard Mitigation Assistance funding administered by the California Emergency Management Agency. Emergency management,specifically hazard mitigation planning and project scoping,are core services for which clients have depended upon Dewberry for more than 3o years. We are a recognized leader in hazard identification,risk assessment,mitigation planning and emergency preparedness,having received FEMA approval for more than 70 local,multi- jurisdictional,tribal,university and state hazard mitigation plans,encompassing more than 600 communities across the United States. We have proven experience with Disaster Mitigation Act of 2000 compliant planning efforts and extensive experience with California Emergency Management Agency(Cal EMA)and FEMA Region IX expectations. Ms.Marsha Hovey Town of Los Altos Hills LHMP Update February 13,2013 Page 3 of 6 CLIENT'S AUTHORIZED REPRESENTATIVE: 3 7- 1-0i3 Name: Date: Title: C;t 1 rA Town of Los Altos Hills Ends. Attachment A—Scope of Work ® Dewberry f`,,; V Ms.Marsha Hovey Town of Los Altos Hills LHMP Update February 13,2013 Page 4 of 6 Attachment A: Scope of Work Task t:Facilitate the Planning Process Through a maximum of four milestone meetings,Dewberry will facilitate a comprehensive planning process with the Town of Los Altos Hills,culminating in a hazard mitigation plan annex compliant with the Disaster Mitigation Act of z000,integrated into the regional and County hazard mitigation planning efforts,and consistent with the format of the other city annexes in Santa Clara County. KICKOFF MILESTONE MILESTONE MILESTONE MILESTONE MEETING 1 MEETING 2 i MEETING 3 MEETING 4 i i i f Y''14Jtk ,, ' 14* '4 '! 'V +� 1rs a`r � t� #fxl�+lr_ Pfi • . ..LP-4.v' & ,on 1 Imete AdWnionprocess qy1 Kickoff Meeting/Milestone Meeting i Dewberry's project manager,Corinne Bartshire,will meet with the Town of Los Altos Hills'Mitigation Planning Team(MPT).This Team should include representatives from the Town's planning&building department,engineering&public works department,parks&recreation department,emergency services, and the Town manager's office.At this meeting we will discuss the requirements of the Disaster Mitigation Act of 2000 and the process for developing a compliant hazard mitigation plan annex for the Town of Los Altos Hills.We will confirm the project schedule and Town's objectives for the plan update including integration into the County's plan and development of an annex consistent with the other cities in Santa Clara County. The Mitigation Planning Team will accomplish the first milestone component of a typical hazard mitigation planning process at this meeting.We will review the hazards identified and prioritized in the Santa Clara County hazard mitigation plan.Using a custom ranking system,Corinne will facilitate the MPT in a dialogue of which hazards apply to the Town of Los Altos Hills and build consensus on the prioritization of these hazards. Following this meeting,Dewberry will develop an online survey for the Town of Los Altos Hills to promote and encourage residents and business owners to complete.The online survey will be used to collect input on perceived hazard risk and mitigation capabilities within the Town.It will serve as one of two required public input opportunities.Dewberry will support the Town of Los Altos Hills in promoting the survey by providing a draft press release,draft text for an email distribution,and draft language for a website posting. Milestone Meeting 2 Approximately 4 weeks following Milestone Meeting 1,Corinne Bartshire will meet with the MPT to review the draft hazard assessments for the Town's annex.At this meeting,we will discuss the specific areas vulnerable to the identified hazards and develop mitigation strategies to reduce future risk of damage. ® Dewberry V V Ms.Marsha Hovey Town of Los Altos Hills LHMP Update February 13,2013 Page 5 of 6 Milestone Meeting 3 At this meeting,Corinne Bartshire will present to the MPT,the results of the online survey responses,a completed capability assessment,and any revisions requested during Milestone Meeting 2.This will be an opportunity for the MPT to review and discuss all of the hazard mitigation annex components for finalization into a public review draft.We will finalize the mitigation strategies by prioritizing them and developing implementation plans for the high priority actions.We will discuss the Town's process for monitoring and maintaining the hazard mitigation plan annex.We will confirm the public review period schedule and begin preparing to present the plan to City Council for adoption. Milestone Meeting 4 Following the close of the public review period,Dewberry will incorporate any comments received from the public,the MPT,or other stakeholders into the plan annex as appropriate and prepare an adoption draft.At Milestone Meeting 4,the MPT will have an opportunity to review and confirm the adoption draft for submittal to City Council.Dewberry will provide support for the Council report and answer any questions with regard to preparing for the Council hearing. Task z:Developing the Plan Capability Assessment The purpose of a capability assessment is to summarize the Town's existing capabilities to prevent or avoid disasters including current policies and projects.Information pertinent to revision of the capability assessment includes relevant policies and plans,mutual aid agreements or memorandums of understanding;emergency response plans,evacuation,sheltering,Continuity of Operations(COOP) plans;the availability of technological,financial,and human resources;disaster response capacity and equipment;and community ordinances(e.g.,zoning,floodplain regulations).Dewberry will conduct research and talk with the Town of Los Altos Hills'Mitigation Planning Team to collect the relevant plans and policies for review and acknowledgement in the capability assessment. Developing the capability assessment will include an evaluation of the identified capabilities and how they relate to hazard mitigation.Current land use and development trends within Los Altos Hills will be analyzed during this phase so that future regulatory and development policies recommendations may be included in the Mitigation Strategies phase of the process. Asset Inventory Dewberry will work with the MPT to develop a list of critical facilities and infrastructure in the Town of Los Altos Hills for evaluation with regard to the hazard areas.This process will involve identifying those facilities required for the Town to operate and/or facilities of particular risk to future damage from natural hazards. Hazard Assessments Based on the results of Milestone Meeting 1, Dewberry will document any specific risks or vulnerabilities to each of the identified hazards that is not already mentioned in the County of Santa Clara hazard mitigation plan.These may include past events that impacted the Town of Los Altos Hills or notation of specific facilities or infrastructure vulnerable to each hazard. Similar to the other cities in Santa Clara County,Dewberry will use available GIS mapping provided by the Association of Bay Area Governments,Santa Clara County,State of California,and the Town of Los Altos Hills to spatially overlay the critical facilities with the hazard areas.These maps will be used to evaluate which facilities are in multiple hazard areas and should garner priority for implementing a strategy to reduce future risk.These maps and results will be discussed at Milestone Meeting 2. Mitigation Strategy and Implementation Plans During Milestone Meeting 2,Dewberry will work with the Mitigation Planning Team to review the Santa Clara County's hazard mitigation planning goals and modify them as appropriate to define the Town's goals with regard to reducing risk to natural hazards.Based on the results of the hazard assessments,we 11 Dewberry V V Ms.Marsha Hovey Town of Los Altos Hills LHMP Update February 13,2013 Page 6 of 6 will identify specific actions the Town may take in the future to achieve the identified goals.We will develop implementation plans for the high priority actions noting potential funding sources,Town agencies responsible for tracking the action,and other noteable items to help the Town take action. Plan Maintenance Dewberry will confirm with the MPT the Town's approach to monitoring and updating the hazard mitigation plan annex.As appropriate,we will make suggestions for the Town to consider and provide necessary tools(editable documents,implementation matrix)to facilitate the monitoring of the plan. Task 3: Plan Review and Adoption Public Review Draft Following Milestone Meeting 2,Dewberry will have all of the necessary input from the Mitigation Planning Team to develop a complete Public Review Draft of the Town's annex to the hazard mitigation plan.The MPT will be asked to review this draft and submit any requested revisions to Dewberry within a reasonable time frame.Dewberry will integrate any necessary revisions and finalize the Public Review Draft.With Dewberry's support,the MPT will be asked to make the Public Review Draft available on the Town's website and send notifications via press release and/or email to encourage public review and comment of the draft.If the Town wishes,all public comments may be addressed directly to Dewberry for review and incorporation as appropriate.The Public Review Period should be open for at least two weeks to allow adequate time for review and comment. In preparation of the Public Review Draft,Dewberry will complete FEMA's Plan Review Tool as a quality check to ensure that all requirements per the Disaster Mitigation Act of 2000 have been incorporated into the annex.We will add any missing requirements and reach out to the MPT as necessary to do so. Adoption Draft Following the Public Review Period,Dewberry will prepare an adoption draft which incorporates any relevant comments received during the Public Review Period.With Dewberry's support,the MPT will be asked to submit the adoption draft to the City Council for review and adoption.We will be available to assist with any reports to council or answer questions regarding the adoption process.Additionally,if revisions are necessary prior to adoption,Dewberry will be available to incorporate those. Cal EMA/FEMA Submittal Once the Town Council has signed an adoption resolution,Dewberry will create a final adopted plan (incorporating the signed resolution)for submittal.We will submit the final plan and completed Plan Review Tool in the necessary formats(hard copy and CD)to Cal EMA for their review and forward to FEMA.Having the completed Plan Review Tool,ensures that FEMA will find the plan annex compliant with the Disaster Mitigation Act of 2000 and issue a letter of approval to the Town of Los Altos Hills.At that time,the Town will again be eligible to apply for hazard mitigation assistance grants. ® Dewberry 41110 411B0 Ms.Marsha Hovey Town of Los Altos Hills LHMP Update February13.2013 Page 2 of 6 A. Scope of Work Attachment A presents a detailed outline of the tasks required to develop a FEMA approved annex for the Town of Los Altos Hills pursuant to the Disaster Mitigation Act of 2000.Dewberry will ensure all of these tasks are completed and the Town receives FEMA approval of the updated hazard mitigation plan. B. Project Schedule Dewberry anticipates completion of this project within one year of receiving a signed and accepted copy of this proposal,which will serve as our contract and notice to proceed. We are available to discuss a more detailed schedule and will try to meet any timing requirements the Town may have. Assuming the immediate availability of Town-provided data and information,and prompt responses and comments to our questions and deliverables,we anticipate six months for conducting the planning process and preparing a review draft of the updated hazard mitigation plan.The remaining six months are allocated for public review,city council review,revisions,adoption,and finally review and approval by Cal EMA and FEMA approval.We will work at a pace that is comfortable for the Town and schedule meetings such that they do not interfere with other pressing Town priorities. C. Method of Payment The contract will be invoiced on a Time and Materials basis not to exceed$14,999.The hourly labor rates are as follows: Project Manager $117 Project Planner/Risk Analyst $63 Att.eh...ent B St..nderd Te...a and'Cend:Con..:sn.adea-paw.-of this contract(..opy-a.,eeked). If the Te.vt:e..e..pts th.,t......s pn,p.fs..d aba and,...,.,3...d-h..n.tu-plias..sign b.,le..e...},,.L.....,..., .Thank you for your consideration.Please do not hesitate to contact Corinne Bartshire,Project Manager,directly at 916.380.3776 with any questions regarding this proposal.You are also welcome to call me,as the authorized Dewberry representative,at 703.849.0473. Sincerely, {9Ni /1 Jane Frantz Senior Associate ifrantz@dewberrv.com 703.849.0473 • Dewberry