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HomeMy WebLinkAboutMBA ArchitectsAGREEMENT BY THIS AGREEMENT made and entered into on the 1st day of June, 2000, by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as TOWN) and: MBA Architects 1176 Lincoln Ave. San Jose, CA 95125 (408)297-0288 (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: Contract planning staff services, as outlined in Exhibit A. 2. EXHIBITS. The following attached exhibits hereby are made a part of this Agreement: Exhibit A: May 26, 2000 Letter Proposal (Scope of Services) from MBA Architects. Exhibit B: Standard Hourly Rates from MBA Architects. 3. TERMS. The services and/or materials furnished under this Agreement shall commence on June 1, 2000 and shall be completed on or before August 1, 2000, unless extended in writing by the City Manager. 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR: As noted in exhibit B, billed in one quarter hour increments, based on itemized billings of hours worked. b. No costs of Contractor shall be reimbursed by the Town, other than mileage at $0.31 per mile for travel, phone calls, faxes and equipment and supplies, with prior approval of the Planning Director. 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 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 meeting minimum coverage requirements established by TOWN's City Manager. 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. Contract: MBA Architects Page 2 d. INTEREST OF CONTRACTOR. It is understood and agreed that this agreement is not a contract of employment in the sense that the relation of master and servant exists between the TOWN and undersigned. At all times contractor shall be deemed to be an independent contractor and contractor is not authorized to bind the TOWN to any contracts or other obligations, 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 the written consent of the TOWN. No changes or variations of any bind are authorized without the written consent of the City Manager. f. TERMINATION. This agreement may be terminated by TOWN upon ten (10) days written notice to contractor. Monies then owing based upon work satisfactorily accomplished shall be paid to contractor. 6. INVOICING. All invoices shall be mailed or delivered to the attention of the Planning Director (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 (TOWN) Name: Planning Director Town Hall 26379 Fremont Road Los Altos Hills, CA 94022 (415) 941-7222 CONN By: Title: Social Security or I.R.S. Number TOWN OF LOS ALTOS HILLS By: Ac,h•n9 'City anager Attachment: Exhibit A: May 30, 2000 Letter from MBA Architects. Exhibit B: Standard Hourly Rates. Exhibit A 30 May 2000 2039 Shaunn O'Connor, Assistant Planner Planning Department Town of Los Altos Hills Los Altos Hills, CA Re: Morgan Manor Evaluation Proposal Dear Shaunn: It is our pleasure to provide plan review services for the Morgan Manor Addition project. Project Description: The proposed project is located at 12335 Prospect Court and includes the addition of 1,588 square feet. The additions will include the tear down of an old addition and the construction of new square footage in its place and the creation of a garage in a basement area under the side of the house. Only the structure has the "historic" designation, the grounds and surrounding structures are not so designated. The owners will also be doing some earthquake retrofitting and repair of damaged wood, etc. Proposed Services: The Town would like a review of the proposed additions and changes for compliance with State and Fed- eral Regulations pertaining to its historic designation. Scope of Work: The consultant shall familiarize himself with the pertinent regulations, local, State and Federal as a basis for the review of the applicant's plans for remodeling. It is assumed that the planset consists of approximately 12 sheets. Field check of the premises may be necessary. A letter report shall be issued setting forth the consultant's findings. For the project listed above we expect that 20 to 30 hours of consultant's time will be necessary. We will not exceed 20 hours of billable time without specific authorization. All time shall be billed at the hourly rates on the attached sheet. Please advise us when you are ready for us to begin. Very truly yours, MBA ARCHITECTS Marvin Bamburg, AIA President Encl. 2039 Itr 053000.doo MBAARCHITECTS Exhibit B 2000 STANDARD HOURLY RATES Jr. Draftsman/Clerical $ 50.00 Draftsman $ 62.00 Sr. Draftsman $ 72.00 Job Captain $ 82.00 Project Architect $ 95.00 Principal $130.00 Consultants Cost Plus 10% Billings for services shall be rendered monthly in proportion to the amount of work completed, and shall be paid within ten (10) days. Payments overdue shall bear interest at the legal rate of 18% per annum (1.5% per month), commencing thirty days after the date of billing. Failure to make payments within 30 days shall be sufficient cause for suspension of work until the account is brought current. If the project is delayed for more than 30 days by the Client's instructions, his failure to provide the necessary information or to make timely decisions, or due to his failure to make past -due payments, a restart charge of 2% of the basic fee shall be paid to the Architect. If the work under this contract is not completed for any reason within twelve months of the date hereon, the terms of the compensation shall be renegotiated. If payment is more than 90 -days overdue and a collection agency is retained to effect payment, the costs of that collection service shall be paid for by the Client in addition to the basic balance due. REIMBURSABLE EXPENSES include actual expenditures made by the Architect, his employees, or his professional consultants in the interest of the Project for the expenses listed in the following subparagraphs: A) Expense of transportation and living when traveling in connection with the Project; long distance calls and telegrams; and fees paid for securing approval of authorities having jurisdiction over the Project. B) Expense of reproductions, postage and handling of Drawings and Specifications. C) Expense of renderings or models for the Client's use. E) Expense of CAD plots and photographic reproduction techniques. F) Expense of additional insurance coverage requested by Client. ARCHITECTS MBA MBA ARCHITECTS Marvin A. Bamburg AIA 1176 Lincoln Avenue SAN JOSE, CALIFORNIA 95125 (408) 297-0288 FAX (49,0/8),297-0384 TO WE ARE SENDING YOU KAttached ❑ Under separate cover via ❑ Shop drawings ❑ Prints ❑ Plans ❑ Copy of letter ❑ Change order ❑ KRUVIRE OI14G Lal Jif �4 uLaL� DATE JOB NO. 39 ATTENTION RE: f 1�,./%1 .CIA � `���/✓2-L�"i. L�{%�: ..� . t . U ❑ Samples 6F96viu j. the following Ite s: -3' t, ❑ Specifications COPIES DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: ❑ For approval ❑ For your use ❑ As requested ❑ For review and comment ❑ FORBIDS DUE REMARKS COPY TO Approved as submitted ❑ Approved as noted ❑ Returned for corrections ❑ Resubmit ❑ Submit _ ❑ Return — _copies for approval _ copies for distribution corrected prints 19 ❑ PRINTS RETURNED AFTER LOAN TO US SIGNED:— if enclosures are not as noted, kindly notify us at once.