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HomeMy WebLinkAboutV. W. Housen & Associates (4)AGREEMENT THIS AGREEMENT is made and entered into on the 23"day of J 0�`/ "'TOWN") by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and V.W. Housen & Associates (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Provide Sewer Collection System Support Services 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated July 9, 2014 3. TERMS. The services and/or materials furnished under this Agreement shall commence -21 t(4 and shall be completed by Ib l i , unless terminated pursuant to Se tion 5( . 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed fourteen thousand nine hundred dollars and zero cents ($14,900.00) 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 Short form Updated 4/23/10 Page 1 of 4 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 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4W110 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 bath 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. Town of Los Altos Hills Page 3 of 4 Short form Updated 4123110 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 -7h-el, w2+ Town of Los Altos Hills By: WA��� 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 VIUI A-0 , q Print name, Title TOWN OF LOS ALTOS HILLS: By: 71231PI41 Carl Cahill, City anager bale Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 V.W. HOUSEN . .. & ASSOCIATES July 9, 2014 Mr. Richard Chiu Jr., P.E. City Engineer / Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Subject: Proposal for Sewer Collectlon System Support Services Dear Mr. Chiu: Thank you for the opportunity to submit this proposal for Sewer. Collection System Support Services for the Town of Los Altos Hills, This proposal provides the following services to the Town, as discussed in our recent meeting: • Review existing sewer maintenance data, including information provided through the City's computerized maintenance management system, maps, Sewer System Management Plan, budgets, and other planning and maintenance documents. • Assess prior and existing sewer management practices and processes. This assessment will review overall management strategies, operations and maintenance priorities, the use and management of outside consultants and services, and coordination of administrative tasks. Recommendations for improvement will be provided. • Based on the above, review Town staffing levels, Cost of Service, and funding strategies in comparison to similar agencies, and recommend changes as appropriate. • Develop a brief Technical Memorandum summarizing activities, findings, and recommendations, • Provide mentoring to the Town's new Senior Engineer for a two-week period, The Senior Engineer will also provide input to this process, This scope includes two meetings with the City Manager and City Engineer to discuss results and findings. In addition, budget is provided for one optional presentation to the Town Council or the Finance and Investment Committee, Proposed hours and budget for each of the above tasks are presented in Table 1, attached. Also attached are my resume and 2014 rate sheet. Please feel free to contact me at (925) 518-3487 or vhousen@housenassociates,com if you have questions or would like additional information. I look forward to discussing this opportunity further. Sincerely, V,/W. Housen & Associates Vivian Housen, RE, 186 FRONT STREET, SUITE 207 DANVILLE, CA 94626 (925) 518-3487 WWW.HOUSENASSOCIATE5.COM f_ l; Mr. Richard Chiu Jr., P.E. Proposal for Sewer Collection System Support Services July 9, 2014 Page 2 Table 1. Proposed Tasks and Budget Task Description Hours Budget 1 Review existing sewer maintenance data, 6 hours including one site visit. $1,400 including CMMS, system maps, SSMP, budget Information, and other planning and maintenance documents. 2 Based on the information gained through Task Cursory review and summary of $2,000 1, assess prior aid existing field management general observations, including practices and processes. In addition to system meeting with staff; 12 hours 0&M, review overall management strategies, Additional cost for detailed review and $3,400 including the use and management of outside recommended changes in O&M consultants and services, management practices; 20 hours 3 Review staffing, equipment, and technology as 12 hours including one meeting with $2,300 compared to similar agencies, current cost of staff. service, and recommend changes as appropriate, Estimate future cost of service that also includes recommended changes from Task 2. 4 Develop a brief Technical Memorandum 6 hours $1,000 summarizing activities, findings, and recommendations, 5 Provide mentoring to new Senior Civil 15 hours includes one site visit per $3,200 Engineer, Budget assumes 8 hours per week week plus additional off-site for two weeks. consultation. Total00 Optional Prepare presentation materials and provide 8 hours $1,600 Task A update to Town Council .or Finance and Investment Committee 185 FRONT STREET, SUITE 207 DANVILLE, CA 94526 (925) 518-3487 WWW.HOUSENASSOCIATES.COM x