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Home My WebLink AboutDuxbury ArchitectsTHIS AGREEMENT is made amd. entered into on the 9th day ofAugust- 2018 by and between the TOWN OF LOS ATOS FULLS (hereinafter referred to as "TOWN") and Duxbury ., Architects (hereinafter referred to as "CONTRACTOR,"). In cons, ideration of their mutual covenants, the- parties hereto, agree- as follows. 1.. CONTRACTOR. Shall provide or furnish the following specified, -services and/or materials. Duxbury Architects shall provide preliminary architectural design, services related to possible building alterations to the eXisting Town Hall Building located at 26379 Fremont Road in Los Altos Hills, CA as f Wther described M* Exhibit "A" a U --.ac . h e d to this IVB Agreeme nt ......... ii---------- E,-X-Hl�-��1-., The folloNVingatached exh*b*treby incorratd inand mdaa of this greement-, Exhibit "A" Professional Services Proposal,. froni Duxburyr Architects d tAugust 9th a, ,, ed ., I TE The services and/or me axle fur-n*shed under this Agreement shall commence 40"OMIOW ; I I I du ""ng the month of August 2018 and shall be completed by December, 2018 unless terminated pursuant- to Section 5(f) or extended pursuant to Section 5(e). L. --SATIOhL. For the full performance of this Agreement: a. TONXIN shall pay CONTRACTOR an amount not to exceed fifteen thousand dollars ($15,000,00) within thirt-y-five (35) days followring receipt of invoice and completlion/deliver.y of services/goods as detailed in Sections 1 and 3 of this Agreement and only upon satisfactory dell'-Ver-�;,/com..plet')".on, of goods/sem "lees *in a manner consistent With professional industry standards for the- area 'in which CONT. RA-CTOR operates,, TOWN is not res -p onsible for paA;,I*ng for any work done by CONTRACTOR or any sub. contractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOWs costs or expenses to deliver any serVIces/goods. CONTRACTOR is responsible for monitoring its own forces/employees/age-nts/ subcontractors to ensure delivery of goods/services witnin the terms of this Agreement.. TOWNwi'll not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos Hills 00 GEINERAL TERM L. CONDITIQNS. a ,vo . HOLD, HARMLESS. CONTRACTOR agrees to indemnify, defend,.L& and hold harmless the TOWN, its of ficers-r-vaggs and employees from, any and all demands, cla-ims or liability of personal injury (-including death ] -and- property damage. of an y. nature, aused bV.- or ansing out of the,,. per -to -n N, - this- Agreement. With, regard to. -ance of C 0 r- OR, unde CONT&ACTO.R'S vvork product,,, CONTRACTOR.. agrees- -to inaemniTy lefendlaA d fiob and hold harmless the TOWN, its officers-,.. oq and employees from.any and- all demands, clan*mtso r liability of any nat uze to t -he "tent caused by the negligent per-fonn, '.anti of, COi' under this Agr. eement b. 1NSURANCE* CONTRACTOR shall file. with the TOWN a certificate of ffisurance- b, ef-cre commencing any services under this keement, as follows* mn C..ATIONuI- I MORK�RS . M C.El. im urn -statue tory I* , F ,nits. COM—NIERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANVE, General Liability and Property Damage Com- bined. $ 1,00 0,000-00 per occurrence including commercial form, personali-n-jurv- broad form personal damage, contractual and prermses/oper ation ., all on an Moi basis. If an aggregate limit exists, it shall p ap - 1y separatelybe or no less than Mr -o (2] times the occurrence li-tnit,,, W... NOTICE OF C 0N" The, Cit -v- re s 30 yrs written, notice of ., , quire, cancellation. Add itional lv, the- notice statement on the, certificate should ppj m- elude the- wording ",endeavor, to" or "but failure- to mail such notice shall f V* impose no o I wigation or liabiliq, of any kind upon the company, its, agents or, w. CERTIFICATE OF INS UTANCE: Prior to commencement of sen -rices, evidence of insurance coverage must be shown by a properly executed ce-Afficate of durance ana it shall nam. e "-Tbe. Town of Los Altos Hills, Its elective and appointed officers, employees, and volunteers"- as- additional insureds to, the .general and auto liability policies, To pre -vent delay and ensure compliance with this Agreemem, t -he,insurance certificates and endorsements must be submitted to. Town of Los Altos Hills -, Contr acts, 26379,Fre rno:int Road Los Altos Hills, CA 94022 c. NON.N-DISCRIMINATION. No discn*mination shall be made in the employment of persons under this Agreement because of the race, col or national odgft-Lag i e,, ancestrvy., religion r sex of such person. Town of Los, Mos. Wills, ;JN REST OF CO. NTRACTOR. 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 Guth oriz-ed to bind the TO W t 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 an,, -v-* financial interest under, this Agreement Is an officer or employee of TOWN. r1g, 0;r !% S n t v.1-ces SAI-ind"I lh.rGg: -h., ss & 5j 1%6, vr 4": S u -&-ii, 'ic-Al. -siz-a j � ti g S% �'�� & yy % $.- J /i y ii si $ s=l-ri ��i� �g'� 5.'6ss � �i�i ��'S ££ �� y ��5 S �%/y AA f I&J, Csir' N TGES.,.,. This Agreement shall not be assigned or transferred without advance- written consent of the 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 wn*tten notice to CONT. RACTOR. Monies owed for work satisfactorily completed shall be paid to CONTR- ACTORm-itithin 14 yrs of termination. ECORD-S., All reports, data,,, maps, models, charts, situdies,, survey -s -,.-u calc lations, photo,Q ,,:r-a-ph.s,, memoranda., plans,, studies-, SpeCITICatIOnS. records-, files, or- any other documents or materials, in electronIc or anv- other fonn, that are prepared or- obtained pursuant to this, Agreement and that relate to the matters covered hereunder shall be the prop, op, est of the TOWN' CONTRACTOR hereby agrees to deliver those documents to the TOVIN at any time upon, demandof the TOWN. It is understood a, nd agreed that * It It 0 the documents and other materials, incivaing but, not limited to those described abovel pjepared pursuant to this Agreement are- prepared specifically for the TOWN and are - not nee-essarily 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 TONNNi shall be a material breach of this Agreement. TOUN and CONTRACTOR agree that until final approval by TOWN, all data, plans, ft c at i orts and other documents are preliminary drafts not kept by the spect , ons , rep, TOWN in the ordinary course of business and will not be disclosed to third parties without prior wnuen 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 TOVN as complete, non-exclusive title to copyri-grtht of said work for hire shall transfer to theTOWN,.. The compensation recited 'in Section 4 shall be deemed to be sufficient Town of Los mos HIIIsCoside ration for said transfer of copyright. CONTRACTOR retains the nit to use any project records, documents and maten"'als for marketing of their professional services, E- ------- --- ------ ---- — ------------------------------ ......................... NTIRE AGREEMENT* This Agreement represents the entire agreement. between the Parties. Any ambiguities or disputed terms between, this Agreement and any 0 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. Fhis Aggreement shall become ol' ective upon its approk-�al and exectition b�- 1"MkX In witiless whereof. the parties have executed this At C gre ment the day anti year first"Titten above, CONTRACT COORDWNNATOR w -id representative for 'FMN -*N. -- Carl Cabill Cl*�A.,' Manager To�vn of"Los Altos Ffills I _ 6' '-79 Frt=ont Road *...* -1 Los Altos Hills. CA 940221 Send Invoices to: Frances Reed, Manag,,en-.,eni Analym i: a 6 :50 ) 94 1 - 7 *; Z -u. 2, Town of Los Altos HIM C0N-JRA,CMR,', Shmature Dsate Print name, Title TOWN OF LOS -ALTOS HILLS - B A na, Carl Cahill, City 'k , e h 1, 1 a a r Date l", -Not 1113 1 T YARCHITECYksrS ..{+ ......... .......... ....... 213 Bean Avenue, Los Gatos, ca 953o 650-917.3840 August 9, 2019 Carl Cahill , City Manager Los Altos, Hills, Town Hall 26379 Fremont Road Los Altos Hill -s, Ca 94022 Dear Carl; Duxbunl Architects is pleased provide architectural and design servicias to the Town of Los Altos Hills for the following: p I 1'{ Preliminary studies to investigate Proposed alterations,improvements and additions to the Los Altos Hills Town Hall facility. 2. Preliminary master planning. studies for the full site. 3. Consultation with staff on reorganizing the existing work space. We will work hourly based on the attached Skc:hedule of charges. of Peter Ouxbury, AlA, C - 12811 Duany Architects UP? U X B U R Y A RCHI TEC Schedule of Charges BASIS FOR AR0-!i1TEC.-TU.RAL FEES Architectural fees va.rj dUe to scope of sienvice$, complexity, scale, and scope of servioes, Duxbury Architects, shall iAtork hourly, ST&.FF,� COSTg Individual billing rwees, based onactual sailarics4 are used in determining project charges. Current billing rates for the various employee clas',*Sifications ares. 'as Principal (Peter Duxbury) $175.00 per hour Sen-lor Architect 0010111am McIntosh Designer (CAD) 5175.00 per hour Ad ministrativ $100-00 per hour e/Clericaail (An'ta $75.00 per hour Personnel charges ar--.,,4mad for n tf.vo techni S ap CaU and desigrk, e for tech Charge, r ., technical typing of specifications, MPOrts. meeting notes, general Corres-pon-d-Jence. etc.. and for ma naging the pOng documents associated with the project. REIM.SUR i,� S A B L D rect costs A.Ssociated With the produrction of the work are, re.- according to- the following mul imbiirsa-ble and are charged not Itemized, I Travel, Po -stage, and communications are estimated only. Pivrod Uct io COMMMC-ial reproduction Offirice documen-it-0 c pying i n v o amount x 8- 1.10 . 1,12 x 11 M25 Additional re-productfion, CADD 11 x 17 so, 5 0 Pho-tography invoice amount x 1 10 invoi ice arnount x 1.10 C 0 M 11"mL M unirzfi Te lephone* NO CHARGE Postage Messenger actual cost x 1. 1*10 Fax actual cost X 110 per pages M25 Travel Auto mileage $0.54 pef- mile !qo, n3su ftents fStructural. Electrical.. Enp-r -ivil �: Gpotectninical) etc. All consultants in voice. amount, x I Permits and fees Special materials aCtUal Cost only Other reimbursable awtual cost only aCtUal cost only GENERAL Office book -s- Ore, Closeed on the last d8Y Of aPPraximateiy the fiftth day of the f0110%tiring eaCh month and invoices are submitted on month, Account aged more than to a finance charge Of one Percent per month (twee-1ve 30 days are subject percent per year). 4 JA jfi 0 *;. ( . . 050