HomeMy WebLinkAboutLive Oak Associates, Inc. (5)AGREEMENT
THIS AGREEMENT is made and entered into on the IL day of March 2022 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Live Oak Associates, Inc. (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:
Conduct preconstruction surveys for the construction of the La Paloma
Robleda Pathway to satisfy BIO mitigation measures on MMRP
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated March 9, 2022
3. TERMS. The services and/or materials furnished under this Agreement shall
commence March 21, 2022 and shall be completed by April 25, 2022, 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 five thousand three
hundred seventy dollars ($5,370) 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 3/16/21
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 3/16/21
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.
Town of Los Altos Hills Page 3 of 4
Short form
Updated 3/16/21
h. ENTIRE AGREEMENT. This Agreement represents the
between the Parties. Any ambiguities or disputed terms bet)
and any '�ttached Exhibits shall be interpreted according to
Agreement and not the Exhibits.
6. INVOICING. Send all invoices to the contract coordinator at thf
This Agreement'shall become effective upon its approval and exe
witness whereof, the parties have executed this Agreement the
written above.
CONTRACT COfORDINATOR and
representative for TOWN:
Avery Lai
Assistant Engineer
Town of Los Altos Hills
26379 FremoInt Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 3/16/21
CONTRACTOR:
entire agreement
een this Agreement
:he language in this
address below.
ution by TOWN. In
day and year first
SignatfflHopkins, P%Wid
Rick Hopkins, President
Print name, Title
TOWN OF -LOS
M
BILLS:
9 A
Date
Page 4 of 4
nt
March 9, 2022
LIVE OAK ASSOCIATES, INC.
Avery Lai
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
an Ecological Consulting Firm
RE: Scope and Budget for Preconstruction Surveys for nesting birds, woodrats, and
California red -legged frogs for the La Paloma-Robleda path segment in the Town of
Los Altos Hills, Santa Clara County, California
Dear Ms. Lai:
Per your request, Live Oak Associates, Inc. (LOA) has prepared this scope and budget to conduct
preconstruction surveys for the construction of a trail/path in the Town of Los Altos Hills, Santa
Clara County, California. The Project involves the construction of trail or off-road path segment
to connect the existing off-road path on the property at 13310 La Paloma Road to the existing
roadside pathway on Robleda Road at 12940 Atherton Court. The trail is approximately three
feet wide and 960 feet in length located within an existing 20 -foot wide path and equestrian
easement along the northern boundaries of the properties at 12933 and 12940 Atherton Court.
It is our understanding that project impacts will occur only along the proposed path alignment.
Therefore, our preconstruction surveys will be limited to the proposed path alignment and project
vicinity as specified in the Mitigation Monitoring or Reporting Program, La Paloma Road to
Robleda Road Off -Road Pathway (Los Altos Hills 2020) . The tasks below will help to satisfy
the mitigation measures for biological resources (MM BIO 1.1 through 1.10).
We propose to conduct the following tasks on a time -and -materials basis for a not -to -exceed cost
of $5,370.
Task 1. Project Management. We have included time for managing this project.
Task 2. Wildlife Surveys
Task 2.1 San Francisco Dusky -Footed Woodrat Pre -construction Surveys. To satisfy
mitigation measures for Impact BIO 1. 1, a LOA ecologist will conduct a survey for San
Francisco dusky -footed woodrat middens within 14 days prior to the start of construction
activities. The ecologist will flag all woodrat middens for avoidance of direct construction
impacts where feasible. A 50 -foot construction -free no disturbance buffer will need to be
established around these middens.
We have not included live -trapping (July 15 -March 31) or relocation of middens under this scope
and budget. Should this become necessary, this work would be under a separate scope and
budget.
San Jose: 6840 Via Del Oro, Suite 27.0 . San Jose, CA 95119 • Phone: (408) 224-8300 . Fax: (408) 224-1411
Oakhurst: P.O. Box 2697 + 33930 Sierra Way, Suite B • Oakhurst, CA 93644 . Phone: (559) 642-4880 • (559) 642-4883
Truckee: 11050 Pioneer Trail, Suite 203 . Truckee, CA 96161 . Phone: (530) 214-8947
www.loainc.com
Although MMBIO-1.1 requires that preconstruction surveys for San Francisco dusky -footed
woodrat nests be conducted no more than 30 days and no less than 14 days prior to the start of
construction, we recommend these surveys take place well in advance, as the number of woodrat
middens on the site is currently unknown and areas in Los Altos have the potential to have dense
populations of this species. Therefore, advance warning of how many woodrat middens occur
within the disturbance area is advantageous for planning purposes and a follow-up survey would
be required within 14 days prior to the start of construction to be consistent with MM BIO -1.1.
These surveys could be conducted concurrently with other wildlife pre -construction surveys if an
initial survey for woodrat nests has already been completed.
Task 2.2 Letter Report for Woodrats. LOA will prepare a letter report outlining the results of
the preconstruction surveys for woodrats. The report will also detail any recommendations for
moving forward.
Task 2.3 California Red -legged Frog (CRLF) Pre -construction Survey and Training. To
satisfy mitigation measures for Impact BIO 1. 3, a LOA ecologist will conduct preconstruction
surveys for the CRLF. Specifically, a LOA ecologist will survey the entire reach, banks, and
surrounding uplands of the intermittent drainage channel adjacent to the path alignment (MM
BIO -1.5). Immediately following pre -construction surveys and if a determination that CLRF are
not present in the work zone, a wildlife exclusion fence will be installed and maintained around
or along the work zone to prevent CRLF from moving into the area (MM BIO 1.6).
A LOA ecologist will survey the site each day prior to the start of construction (MMBIO 1.7)
and provide a training to all workers associated with project construction. The training will
engage the construction crew to identify CRLF, avoid or minimize project impacts, and take
steps if CRLF are encountered on the site (MMBIO-1.8).
Task 2.4 CRLF Letter Report. LOA will prepare a letter report outlining the results of the
preconstruction surveys for CRLF. The report will also detail any recommendations for moving
forward.
Task 2.5. Nesting Birds Preconstruction Survey. To satisfy mitigation measures for Impact
BIO -1.3, a LOA ecologist will conduct preconstruction surveys for nesting birds, including
white-tailed kite, birds of prey, and migratory birds prior to the start of construction activities.
MMBIO-1.9 requires preconstruction surveys for nesting birds no more than14 days prior to the
start of construction activities. Preconstruction surveys will occur within 250 feet of the
construction areas for raptors and 50 feet for other birds. The ecologist will establish adequate
construction -free buffers should active bird nests be observed during the survey (MM BIO- 1. 10).
Additional monitoring of nests is not included in this scope and budget; should this become
required, it would be covered under a separate scope and budget.
Task 2.6 Letter Report for Nesting Birds. LOA will prepare a letter report outlining the results
of the nesting birds preconstruction surveys and detailing any recommendations for moving
forward.
Note: Preconstruction surveys for nesting birds and woodrats would be required to be repeated
should a lapse of more than 15 days in construction activities occur. Should additional
2
L LIVE OAK ASSOCI VTI S, INC.
1//A/ASIA Folo9iral C>si119 rm_-
preconstruction surveys become necessary, they would be conducted under a separate scope and
budget.
Meetings and Hearings. We have not allowed time for additional conference calls, meetings or
hearings. Should our presence be required at any such engagements, our time would be invoiced
on a time -and -charges basis using our current billing rates.
We thank you for considering our firm and look forward to providing ecological services to you
on this project. If you have any additional questions or concerns regarding this proposal, please
contact me at (970) 237-2297 or Rick Hopkins at (408) 281-5885, at your convenience.
Sincerely,
Arren Allegretti, Ph.D.
Senior Project Manager
Staff Ecologist
Proposal Acceptance
If you approve this proposal's scope of work, cost, Standard Terms and Conditions, please sign
and return one copy of this proposal to our office at your earliest convenience.
Accepted By:
Printed Name:
Date:
Title:
3
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