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HomeMy WebLinkAboutTowill, Inc. (2)AGREEMENT THIS AGREEMENT is made and entered into on the l' day ofV u6l.C.e 2021 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Towill, Inc. (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: Topographic and boundary survey along Page Mill Road, between Lupine Rd and Via Feliz. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated April 23, 2021 revised May 17, 2021 3. TERMS. The services and/or materials furnished under this Agreement shall commence June 1, 2021 and shall be completed by June 30, 2021, 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 Four thousand nine hundred dollars and zero cents ($4,900) 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. 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: 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 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. 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 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: Christine Hoffmann Associate Engineer Town of Los Altos Hills By 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/23/10 Signature �'gyc'K 05/26/2021 Date Aaron Badavinac, Chief Financial Officer Print name, Title TOWN OF LOS ALTOS LS: By: 1 Carl Cahill, City Manager Dke Page 4 of 4 r1p TOWILL SURVEYING I MAPPING I GIS April 23, 2021 REV 5-17-2021 Ms. Christine Hoffman Assistant Engineer Town of Los Altos Hills 26379 Fremont Rd. Los Altos Hills, CA 94022 choffmann@losaltoshills.ca.gov 650.947.2541 Re: Survey Support Services -Page Mill Road (Between Lupine Road and Via Feliz) Survey Los Altos Hills Dear Ms. Hoffman, Thank you for requesting Towill, Inc. to prepare and submit this proposal for Survey Support services. The following describes our understanding of the project and presents the proposed scope of work and our estimated cost for completing the work. THE PROJECT The project is described as providing survey support, limited topographic surveying, and Right of Way (ROW) Survey of Page Mill Road, Town of Los Altos Hills, California. The location is identified in Exhibit A attached. SCOPE OF SERVICES AND DELIVERABLES Task One—Toaos-raahic and Boundary Surve Towill will perform a topographic and boundary survey of the roadway up to the existing fence along Edgerton Rd. (area shown in red in Exhibit A). Towill will locate the roadway, surface utilities, trees, hardscape, and other key features. At a minimum, the topographic survey will include half the width of the ROW, 35 ft within Parcel 1, 15 ft within Parcel 2 as shown on Exhibit A, and the ROW, parcel lines, and easements shown on the underlying record maps. The vertical datum will be NAVD 88 with a tie to existing Los Altos Hills control network. Task One Deliverables • Acad 2D file (2016 format or specified at task order award) • Staking Files • Site Photos SCHEDULE Surveys can be conducted within 20 days from NTP, with a final delivery date of 4 weeks from NTP. Towill, Inc. • 2300 Clayton Road • Suite 1200 • Concord • California • 94520-2176 • 925.682.6976 • 925.682.6390 fax www.towill.com 9-P ASSUMPTIONS, SPECIAL CONSIDERATIONS, AND EXCEPTIONS Any work above and beyond the described scope above will be negotiated separately and billed at a time -and -materials basis per Towill's contract rate schedule. For clarification, our proposed technical approach and assumes the following: • Access to site and notification of entry will be provided by others. • Towill's rate sheet is attached as Exhibit B. • All records will be provided by Town of Los Altos Hills. • Title Reports are outside this scope of work and proposal. • Services other than those specifically described herein are not currently proposed. • Our proposal does not include payment of any fees, permits, or other items not specifically mentioned in our scope of work. Such fees, if applicable, will be invoiced as additional costs. • All travel time is included in this estimate. SUMMARIZED COST Our proposed cost for the work described above is as follows and is based on our current contract rate schedule at a time and materials cost; see attached Exhibit B. This is an estimate of work—site schedule, work, and other factors will affect this price. Items Task Fee Task One - Topo and Boundary Survey $4,900 Thank you for this opportunity and we look forward to working with you on this project. Should you have any questions regarding this proposal, or if for any reason this proposal does not meet your budget or time constraints, please contact me to discuss options to revise the proposal to meet your needs. I can be reached by phone at (925) 682-6976 ext. 1032 or by email atjohn.may@towill.com. Sincerely, TOWILL, INC. tT. May, PLS Project Manager EXHIBIT A Site Map Addh wloatdi.+aelrlemo"A" h? \ rJrhtaraer BvAav* At,�ad,yaiR+rw,uk:argnx; LUPINE ROAD 040- 0. bb • lvlvfy-ft" 4414W my \� `— iIN a � ! ... �lAntrhrida4%roa rYp ! .. ., A Anv rAditt�W AF,r/ai1e�.l.aN.'At. PARCEL. .h PARCEL 'I 7ANNlR! •4vR Ac<n auw,A+r/a +pea`s q VIA FELIZ Lond! a,, O,QalQ LOT t ARCEL 2 C oaef el C,•�i' car e N01MIERN CALIFORNIA I.ANI) SURVEV SERVICES FFE SCIllEMLE E*ctivvJjAuai71, 20V I-Lbor Deserintinn Hnnrl�IL" Principal 1.,and Surveyor J Cteomatics Principal Manager ............................ ..S 255.00 Senior Luxl Survcy-or ,+ Senior Project 14lartagcr.............. 22 .............................................................................S ..5.00 Surveys Project Manalcr................... ........ ........................................ ............... ..................... .... ......................... .S 198,00 ProjectSurveyor................................................................................................. .S 168.00 AssociateSurveyor ...... ............................ .................. ........................... .... ........................ .............. ..................... 5 155.00 SurveyTechnician (Office)................................................................................................................•--............5 125.00 CARDTechnician ........... ..................................... .................... ................................. .......................... --............5 98.00 ProjectCoordinator............................................................. ............. ...._.............. ............................. S 95.00 ProjectAssistint........................................................................................•._........................................._............8 75.00 ExpertWitness ..... .............................. ........................ .......................... ........................................ ......... ............ 5 400.00 Per Court Appearance (Minimum)........... .............. ........................ ....................... ........................................... S 2,800.00 Ptt wih*WrtgeRAtes,byFieldSarm7PersarndClossiArsdars ParryChief ......... ._...................................................................................................._.......................,.................5 13-.0CI ChainPer -nn .......... ..... ....................... .............. _................................. ............... ............................ _................. 5 13-.00 Apprentice........ ....................................... ........... ................................. ..... _..... ............ ....................... ................ 5 123.(10 NOWIM • Field survey personnel and stews are billed at a ntinit."urn of 8 hour` per clay on]):. • Field survey nrtes are inclusive of one survey vehicle, vehicle tnileagu up to 50 rniles from the home office, conventional and UPS survey equipment, and standard safety equipment. Addition:d tracks will be charged out at S20/hour, SPECIAL LABOR RATES Labor Descriotinn Illourly Rate Ilarniat Crew Supplement ................................................ Distil Petsoltinel Rate plus $1[1.0() per Person per Hour light Shier E\ ork................................................................. Eteld Personnel Rate plus 12.5".o per Persian per Hour AUT'HORIIED OVERTIME TABOR RATES Lecher Dtscriptinn Flnnrl} Rate SanO%141y's and in F%ccss of Hours on %Vc-ekdays....... ............... .......................................... 1S 6rncs It: eI l: 1 r Rarc 5unl:ns and Hn]iday4.... ..................................... ....................................... .............. ................... 2.0 rink; R: cedar Rime F,QUIPMENT AND OTHER DIRECT COSTS lFauinment Descrintinn _ Rare Terrestrial St tuc Laser Sc.:uu7er........ .................................... ...........................................,, Quote Ptovi&Ll per Prr,j cct Turmstrial Mobile Laser Scanner............... ........................................................................ Qutrte l'nwidrd per 1'n:rject Specialty Survey Equipment,., ..... ..................... . ............... ..................................... Quute Provided per Project Client shrill pay the waits, Plus IM/o, for=m} applicable government fees, title company charges, suhcnnsultant fees, outside vendor costs, reprcxiuction costs, vehicle milea]?e (except as, noted above), travel relates{ cosec, rental vehicles and boats, renral and specialty equipment, consumable materials, digital delivery media, and delivery or messenger services incurred on Client',-, behalf.