HomeMy WebLinkAboutTiffany Dell'Aquila MillerAGREEMENT
THIS AGREEMENT is made and entered into on the 20th day of April, 2022 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Tiffany Dell'Aquila Miller (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:
Provide architectural support to the Improvements to Snack Shack Building
project
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated 4/20/2022
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 4/20/22 and shall be completed by 12/31/22, 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
dollars and zero cents ($5,000.00) 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 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.
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 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 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:
Daniel Liang
Utility Engineering Manager
Town of Los Altos Hills By: 4/21/22
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Tiffany Dell'Aquila Miller, Architect
Print name, Title
TOWN SHILLS:
ro
By.
Peter Pirnejad, ity Manager Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 3/16/21
Tiffany Dell'Aquila Miller, Architect
2327 Catalina Ave, Vista, CA 92084
(408) 316-5405
Agreement Between Owner and Architect
AGREEMENT made as of the Twentieth day of April in the year Two Thousand and Twenty -Two.
BETWEEN the Owner:
Name Town of Los Altos Hills
Address 26379 Fremont Road, Los Altos Hills, CA 94022
And the Architect:
Name Tiffany Dell'Aguila Miller, License no. C 37479
Address 2327 Catalina Ave, Vista, CA 92084
For the following Project:
Description Architectural Services for a Snack Shack remodel located at 27500
Purissima Road in Los Altos Hills, CA to address plan check comments 6,
9, 10, 12, 14 & 15 from CSG dated April 11, 2022.
The Owner and the Architect agree as follows.
Article 1: Architect's Responsibilities
The Architect shall provide architectural services for the Project as described in this Agreement.
The Architect shall perform its services consistent with the professional skill and care ordinarily
provided by architects practicing in the same or similar locality under the same or similar
circumstances. The Architect shall perform its services as expeditiously as is consistent with
such professional skill and care and the orderly progress of the Project.
During the Design Phase, the Architect shall reach an understanding with the Owner of the
Project requirements. Based on the approved Project requirements, the Architect shall develop
a design, which shall be set forth in drawings and other documents appropriate for the Project.
Upon the Owner's approval of the design, the Architect shall prepare Construction Documents
indicating requirements for the construction of the Project and shall coordinate its services with
any consulting services the Owner provides. The Architect shall assist the Owner in filing
documents required for the approval of governmental authorities, in obtaining bids or
proposals, and in awarding contracts for construction.
During the Construction Phase, the Architect shall act as the Owner's representative. The
extent of the Architect's authority and responsibility during construction is described as follows.
Any modifications that occur during construction shall not affect the Architect's services under
this Agreement unless the Owner and Architect amend this Agreement.
The Architect will visit the site at intervals appropriate to the stage of construction to become
generally familiar with the progress and quality of the Work.
The Architect will not have control over or charge of, and will not be responsible for,
construction means, methods, techniques, sequences, or procedures, or for safety precautions
Page 1 of 3
Tiffany Dell'Aquila Miller, Architect
2327 Catalina Ave, Vista, CA 92084
(408) 316-5405
and programs in connection with the Work, since these are solely the Contractor's
responsibility. The Architect will not be responsible for the Contractor's failure to carry out the
Work in accordance with the Construction Documents. The Architect has authority to reject
Work that does not conform to the Construction Documents.
The Architect will promptly review and approve or take appropriate action upon Contractor's
submittals, but only for the limited purpose of checking for conformance with information
given and the design concept expressed in the Construction Documents.
Interpretations and decisions of the Architect will be consistent with the intent of, and
reasonably inferable from the Construction Documents, and will be in writing or in the form of
drawings. When making such interpretations and decisions, the Architect will endeavor to
secure faithful performance by both Owner and Contractor, will not show partiality to either
and will not be liable for results of interpretations or decisions rendered in good faith.
Article 2: Owner's Responsibilities
The Owner shall provide full information in a timely manner regarding requirements for and
limitations on the Project. The Architect shall be entitled to rely on the accuracy and
completeness of the Owner's information. The Owner shall furnish consulting services not
provided by the Architect, but required for the Project, such as surveying, which shall include
property boundaries, topography, utilities, and wetlands information; all engineering services
such as structural, mechanical, civil, geotechnical, energy, etc. The Owner shall be responsible
for all permit fees, special tests and inspections, legal, accounting and insurance services that
may be necessary for the Project. The Owner shall employ a Contractor, experienced in the
type of Project to be constructed, to perform the construction Work and to provide price
information.
Article 3: Use of Documents
Drawings, specifications, and other documents, including those in electronic form, prepared by
the Architect are the Architect's Instruments of Service, and for the Owner's use solely with
respect to constructing the Project. The Architect shall retain all common law, statutory and
other reserved rights, including the copyright. Upon completion of the construction of the
Project, provided that the Owner substantially performs its obligations under this Agreement,
the Architect grants to the Owner a license to use the Architect's Instruments of Service as a
reference for maintaining, altering, and adding to the Project. The Owner agrees to indemnify
the Architect from all costs and expenses related to claims arising from the Owner's use of the
Instruments of Service without retaining the Architect. When transmitting copyright -protected
information for use on the Project, the transmitting party represents that it is either the
copyright owner of the information or has permission from the copyright owner to transmit the
information for its use on the Project.
The Architect shall have the right to include photographic or artistic representations of the
design of the Project among the Architect's promotional and professional materials. The
Page 2 of 3
Tiffany Dell'Aquila Miller, Architect
2327 Catalina Ave, Vista, CA 92084
(408) 316-5405
Architect shall be given reasonable access to the completed Project to make such
representations.
Article 4: Termination, Suspension or Abandonment
In the event of termination, suspension, or abandonment of the Project by the Owner, the
Architect shall be compensated for services performed. The Owner's failure to make payments
in accordance with this Agreement shall be considered substantial nonperformance and
sufficient cause for the Architect to suspend or terminate services. Either the Architect or the
Owner may terminate this Agreement after giving no less than seven days' written notice if the
Project is suspended for more than 90 days, or if the other party substantially fails to perform in
accordance with the terms of this Agreement. Except as otherwise expressly provided herein,
this Agreement shall terminate one year from the date of Substantial Completion.
Article 5: Miscellaneous Provisions
This Agreement shall be governed by the law of the place where the Project is located. Neither
party to this Agreement shall assign the contract as a whole without written consent of the
other. Nothing contained in this Agreement shall create a contractual relationship with, or a
cause of action in favor of, a third party against either the Owner or the Architect. The Architect
shall have no responsibility for the discovery, presence, handling, removal, or disposal of, or
exposure of persons to, hazardous materials or toxic substances in any form at the Project site.
Article 6: Payments and Compensation to the Architect
The Architect's Compensation shall be hourly to be invoiced monthly, of which an initial
retainer of WAIVED shall be paid upon execution of this Agreement as an advance on future
services to be provided.
Project Architect: $110 / hour, not to exceed 5 hours.
Energy Report: $400
Reimbursable Expenses: At cost + 10%
Hourly rates listed are subject to annual increases of up to 5%.
Payments are due 21 days from the date the invoice is received by the Owner. Past due invoices
shall bear 2% interest per month. At all times unless the Owner indicates otherwise, the
Architect shall provide estimates of the time required for services prior to its execution for the
approval of the Owner.
This Agreement entered into as of the day and year first written above.
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Owner (Signature Architect (Signature)
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Page 3 of 3
TOWN OF LOS ALTOS HILLS
BUILDING INSPECTION DEPARTMENT
PLAN REVIEW REPORT
RE: Remodel of snack shack - "Purissima Park"
Town Permit #: BLD22-0160
Applicant: Daniel Liang
Project Address: 26379 Fremont Rd.
APN#:
Designer/Architect/Engineer: Daniel Liang
Tel: 650-947-2511
Date: 4/11/2022
In order to accelerate the permit process, the city requested CSG Consultants to do the building permit plan review. Please return
three full sets of plans to CSG directly for recheck. DO NOT send the revised plans to the Town of Los Altos Hills since
it will delay the process for getting the plans to CSG's plan reviewers. [Alternatively, for digital resubmittal email files
to csadrtQbcs engr.coW and the Town at gigtan loc losaltoshills ca.gov Upon approval applicant will be notified to
submit three full sets of hard copyplans to CSGJ Upon approval and compliance to building codes, CSG will forward your
approved plans to the Town of Los Altos Hills by our courier. Should you have any questions regarding this procedure, please feel
free to call CSG's building technician, at (650) 522-2552. Please return this plan review report including your responses and revised
plans to CSG for recheck.
The mailing address is:
CSG Consultants
550 Pilgrim Drive
Foster City, CA 94404
Tel: (650) 522-2500
Fax: (650) 522-2599
PLAN CHECK COMMENTS
1. Please submit a written response addressing each comment below. Refer to specific details on specific
sheets in the responses. Note that plan review process may be significantly delayed if complete and
thorough responses are not provided.
Response:
2. For electronically submitted plans, please resubmit a complete set of plans and documents upon every
resubmittal. Any missing plan sheets, missing stamps and/or signatures (where required) may result in
significant delays on the plan review and approval process.
Response:
3. California Assembly Bill 3002 encourages the applicant and property owner to seek a CASp (Certified
Access Specialist) consultation and inspection of the property. The Legal Notice and Directory of CASp
Inspectors is available at the local Building Department. Note: A response stating "acknowledged" is
adequate to address this comment.
Response:
4. Please revise the sheet numbering or Index to Drawing to match the plan sheets submitted. (Example:
Sheet G-101, C-101, not G-001, C-001).
Response:
Tiffany, I need your help with addressing comments marked with a red arrow:
5. For the purpose of demonstrating compliance with CBC 1113-202.4, please provide the construction
valuation for the proposed work. Where the construction cost is less than $186,172.00 (2022 ENR
Construction Cost Index), at least 20% of the construction cost must be used to make the following
features accessible per CBC Section 11B-202.4(8). The priority of the improved shall be as follows:
a. An accessible entrance.
b. An accessible route to the altered area.
c. At least an accessible restroom for each sex or one accessible all -gender (single -user or family)
restroom.
d. Accessible telephone (if any).
e. Accessible drinking fountain (if any).
f. When possible, additional accessible elements such as parking, signs, storage and alarms.
Where listed features are already fully accessible, provide plans and details to justify features are in
conformance with the current 2019 CBC. Note that it is acceptable to submit a copy of any previously
approved drawings to demonstrate compliance.
Response:
--► 6. Sheet G-101: On the cover sheet of the plans, please state the occupancy group, construction type, and
whether the building is equipped with an automatic fire sprinkler system.
Response:
7. Please provide a site plan to show property lines, distance from the snack shack building to adjacent
property lines, adjacent streets, and public streets, parking, and etc.
Response:
8. Please show accessible path of travel from the public street, sidewalk, accessible parking space to the
accessible building entrances per CBC 1113-206.2.1. Dimension the width of the accessible path of travel,
maximum slope, and maximum cross -slope per CBC 1113-402 and 1113-403. [Refer to comment #5 above.]
Response:
—0-9. Please provide occupant load calculations per CBC 1004.
Response:
--00-10. Please provide emergency means of egress illumination per CBC 1008.3. Provide notes on the plans to
demonstrate conformance with CBC 1008.3.4 (duration) and 1008.3.5 (illumination level).
Response:
11. The floor plans show the existing restrooms were removed. Toilet facilities serving employees and
customers shall be provided. Please amend the plans to demonstrate compliance with CPC Section 422.0.
[Where CPC 422.4 is applicable, please show location of the toilet facilities on the site plan and show the
travel distance.] Provide floor plans of the toilet room to demonstrate compliance with CBC 1113-603 and
1113-202.4 per comment #5 above.
Response:
—P 12. Sheet C-102: At the front door, rear door, and Accordion door, please show compliance with the following:
a. Specify the door hardware and height of the doors.
b. Graphically show the rear exterior landing at the rear door. Dimension the width and depth of both
exterior landings to demonstrate compliance with CBC 11B-404.2.4.
c. Specify the size and hardwares for the Accordion door. Graphically show maneuvering clearance for
the Accordion door. (CBC 11B-404.2.4) Where sliding doors are in the fully open position, operating
hardware shall be exposed and usable from both sides per CBC 11B-404.2.7. Please provide detail
of the Accordion doors on plans to show compliance.
d. Specify that the maximum effort to operate doors shall not exceed 5 pounds. (CBC 11B-404.2.9)
e. Specify that door hardware shall be operable with one hand and shall not require tight grasping,
pinching, or twisting of the wrist. (CBC 11B-309.4, CBC 11B-404.2.7)
f. Specify operable parts of door hardware to be located 34" to 44" above finish floor. (CBC 116-
404.2.7)"
g. Specify doors shall be openable from the egress side without the use of a key or any special
knowledge or effort. (CBC 1010.1.9)
h. Specify that the bottom 10" of all swing doors in door schedule to have a smooth, uninterrupted
surface on push side. (CBC 11B-404.2.10)
i. Specify the floor in the direction of travel shall not be more than 1/2" lower than the threshold of the
doorway. Change in level between 1/4" and 1/2" shall be beveled with a slope no greater than 1 unit
vertical to 2 units horizontal (50% slope). (CBC 11B-404.2.5)
j. Specify the main exit access door shall have a readily visible, durable sign posted on the egress
side or on walls adjacent to the door stating: THIS DOOR TO REMAIN UNLOCKED WHEN THIS
SPACE IS OCCUPIED. (not "THIS DOOR TO REMAIN UNLOCKED DURING BUSINESS HOURS'.
(CBC 1010.1.9.3)
Response:
13. Sheet C-102: Please show all self -served appliances (Example: ice maker, soda machine, etc.) shall meet
the reach range requirements of CBC 11B-308 and the operable part shall meet the requirements of CBC
11B-309. Show compliance on plans.
Response:
—►14. Sheet C-102: Please clarify location of the point of sales/cashier on the floor plan. Provide fully
dimensioned enlarged plans and interior elevation plans to demonstrate compliance with CBC 11B-227.
Response:
—111p- 15. Sheet C-102: Please provide fully dimensioned details of the steel sink to demonstrate compliance with
CBC 11B-212.3 and 11B-606.
Response:
16. Sheet C-103: Please specify the size and type of the (N) skylights proposed.
Response:
17. Sheet E-101: Please specify the wattage of the (N) light fixtures.
Response:
18. Please dimension the height of all shelving. Provide anchorage details with structural calculations for racks
or shelving that are 5'-9" or higher above finished floor. (CBC Section 105.2 Item #13)
Response:
--00- 19. Complete and submit the Energy Documents for review. [Ex: NRCC-ENV, NRCC-PLB, NRCC-ELE, NRCC-LTI,
and etc.]
Response:
Structural
20. SCOPE OF WORK: On G-101, please verify that all work is included under DESCRIPTION OF WORK.
Response:
21. On drawing C101: Please revise note 7 to clarify that the work is to remove floor finish on existing concrete
slab to install new tiles on the existing concrete floor slab.
Response:
22. On drawing C102: Existing exterior wall is cut to install new door. Please provide structural calculations as
required, drawings and details for construction.
Response:
23. On drawing C102: Existing exterior doors at demolished bathrooms are removed and door openings are
filled in. Please provide structural calculations as required, drawings and details for construction.
Response:
24. On drawing C102: There are new concrete pads at exterior doors and for supporting a new heat pump.
Please provide structural drawings and details that include dimensions, slopes, reinforcement, etc. for
construction.
Response:
25. On drawing C103: At Skylights, please add note to say that the skylights are existing to remain.
Response:
(End of Comments)
PLAN CHECKER: Helen Chiu, P.E. / Bounmy Soumountha, S.E.
(Reference: CSG#4204247.LOSA1)
(650) 522-2552
Email: helenc@csgenrg com / bounmys csg en r.com