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HomeMy WebLinkAboutTrail PeopleAGREEMENT THIS AGREEMENT is made and entered into on the/ 51- day of 2016 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Trail People (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: 1) Perform a study that addresses two routes (Mora Drive and West Loyola Road) paths, for feasibility/reasonableness of constructing a path that meets the Town's standards of a 5' wide path with headboards and decomposed granite surface. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated June 23, 2016 3. TERMS. The services and/or materials furnished unqer this Agreement shall �1��d6 commence `7and shall be completed by 9 161IJo 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 Eleven thousand Seven hundred Fifteen dollars and zero cents ($11,715.00) 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. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/23/10 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: 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. 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 4/23/10 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. I Town of Los Altos Hills Page 3 of 4 Short form Updated 4/23/10 h. 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: CONTRACTOR: Richard Chiu Public Works Director Town of Los Altos Hills By: 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 Avt�c�v, C�Wijef Print name, Title TOWN OF LOS ALTOS HIL S: AM& By: 7114, Carl - Cahill, . City Manager D--aVe Town of Los Altos Hills Page 4 of 4 Short form Updated 4123/10 Trai'lPeople planning and designing trails and paths for everyone 919 First Street, Suite 1, Benicia, CA, 94510 (707) 205-1370 www.tra il people -net June 23,2O16 Richard Chiu Public Works Director and City Engineer City ofLos Altos Hills 26379Fremont Road Los Altos Hills, CA94O22 Re: Proposa/forServices—MoraDriveondNestLoyolaRoadPath Study Dear Mr. Chiu: Tr i|Peop|e,LandscapmArohitectsandP|annera(Tr i|Peop|e)anap|easedtoprovdethispropoaa|to assist the City of Los Altos Hills with this path feasibility assessment study, Project Understanding Thepro-posed study addresses two routes (see attached map): l) Mora Drive — an approximately 0.54 mile route that extends from the corner of Mora Drive and Eastbrook Avenue west to the Mora Trail in Ranch San Antonio Open Space Preserve. The Waldorf School of the Peninsula is located on the northeast corner of Mora and Eastbrook. The route is partially within an area recently annexed by the City. Mora Drive went ofTerry Way is within Los Altos Hills; east of Terry Way it is in unincorporated Santa Clara County, 2) West Loyola Drive which roughly parallels Mora Drive to the north, extending approximately 0.9 miles west from Eastbrook Avenue. The western portion turns tothe north. AtRavensbury Avenue West Loyola becomes Camino Hermosa Drive. The entire route is in the City limits. The objective of the services is to study the requirements andfeaoibi|ity/reasonab|eness of constructing a path along these routes to meet the City standards of a 5' wide path with headerboards and decomposed granite surface. The routes are challenging because the ground slopes down to or from the road and there are many obstructions along the shoulders ofthe road. West Loyola Drive isparticularly challenging: there are steep winding portions with embankments onboth sides, and guardrails. The study would have separate path feasibility assessment results for West Loyola Drive and the Richard Chiu City of Los Altos Hills June 23, 2016 Page 2 of 4 Scope of Work The study is anticipated to include the following tasks: 1. Project Coordination and Management. TrailPeople will provide coordination with City staff, including regular check-in calls; manage the budget and schedule; prepare invoices, and provide quality control review of all deliverables. 2. Data Compilation and Mapping. TrailPeople will request/obtain digital files and prepare a map for the path study, including the most detailed and accurate publicly available aerial photo, liclar topo, and property/ROW lines, 3. City Meeting and Field Reconnaissance. TrailPeople will attend a meeting with City staff to review comments and make potential adjustments in the assessment and improvement assumptions. Following the meeting TrailPeople traverse the Study route, verifying and documenting local field conditions affecting path design. We will mark pertinent features on the study map and in a KMZ file with pin locations. TrailPeople will complete a preliminary assessment map and table to inventory conditions along the route, including significant trees, slopes, walks and fences, utility poles, drainage facilities, and driveways, including those with slope/conform challenges. From this assessment TrailPeople will classify the construction challenges and requirements into a draft set of typical pathway construction cross-sections, such as: 1. Simple construction involving only light grading 2. More complex construction requiring significant grading 3. Portions with significant slope requiring retaining walls . Additional work that may be required within these basic types will be identified, such as: 1. Removal/relocation of walls and fences 2. Drainage facility (culvert) modification 3. Locations where pathway would have to be narrower than 5', or trees removed or utilities relocated 4. Driveways that would require reconstruction/conform work 4. Preliminary Improvement Study Report. TrailPeople will prepare a memorandum report summarizing study objectives, existing conditions of the route, and conceptual approach to creating the path in the typical or special conditions that occur on the route. The Study will focus on one side of Mora Drive or the other, based on initial review of site constraints and opportunities, and the features of the potential improvement measures., with conceptual design illustrations. The typical conditions and conceptual solutions will be illustrated with photos and sketch cross-sections Examples of site features that will need to be addressed will be illustrated with photos. Richard Chiu City ofLos Altos Hills June 23,2Ol6 Page 3 of 4 Costs per lineal foot or per item for the above will bedeveloped from other studies andtrail/path bid prices inthe Tr UPeop|eUbnaryorprovdedbvtheCity The improvement costs will betotaled separately for West Loyola Drive and the portion ofMora Drive inCity limits and the portion outside, ifstudy ofboth areas isauthorized. 5. City Staff Review and Report Finalization. The draft report will be transmitted to City staff for review. Trai|Peop|ewill attend a conference call with City staff to review. City staff will provide consolidated comments on the report, and TrailPeople will revise the report to final form and transmit to the City. 0 Map of the path study alignment indicating the typical and special conditions that would need to be addressed to construct the path along the route. � PreUminaryandFina|MernoRepmrt——sumrnarizing existing conditions, describing and illustrating the path improvements, with photos and illustrative design examples ofthe potential measures. � Table of improvement segments by type, broken down by portion on West Loyola Drive and the portion onMora Drive from Eastbrook toTerry Way, and portion from Terry Way tothe open space, and total, including planning -level construction cost estimates. Schedule The proposed schedule goal is to complete the Study within two months of authorization to proceed. , Not -to -Exceed Fee The estimated fee for these services is detailed in the attached spreadsheet,and isbroken down into a base fee for study ofWest Loyola Drive plus the portion ofMora Drive from Terry Way tothe open space, which is in City limits ($9,735); an additive fee to add study of the portion of Mora Drive from Terry Way to Eastbrook Avenue, which is unincorporated ($1,980), and a costfor optional additional meetings ($820). Please let meknow ifyou have any questions orcomments, VVeare standing bytobegin work onthis Best Regards, Randy Anderson, Principal Landscape Architect Richard Chiu City of Los Altos Hills June 23, 2016 Page 4of4