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HomeMy WebLinkAboutFreyer & Laureta, IncAGREEMENT rA THIS AGREEMENT is made and entered into on thea day of October, 2022 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Freyer & Laureta, 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: Adobe Creek Sewer System - added scope to provide Engineering Services for the Adobe Creek Sewer System Engineering Analysis 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Exhibit A Proposal from CONTRACTOR dated 9/12/2022 3. TERMS. The services and/or materials furnished under this Agreement shall commence 10/15/2022 and shall be completed by 11/15/2022, 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 ten thousand dollars and zero cents ($10,000) 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 5 Short form Updated 4/26/22 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 Page 2 of 5 Short form Updated 4/26/22 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 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 Town of Los Altos Hills Page 3 of 5 Short form Updated 4/26/22 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Utility Engineering Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. 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: Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/26/22 CONTRACTOR: r�1` By: 09/30/2022 ,1� Signature Date Jeffrey J. Tarantino, P.E., Vice President Print name, Title TOWN OF LOS ALTOS HILLS: By: /- Peter Pirnelpd, City Manager Date Page 4 of 5 AFREYER LAURETA,INC. Civil Engineers — Surveyors — Construction Managers EXHIBIT September 12, 2022 Mr. Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, Ca, 94022 RE: Proposal to Provide Additional Engineering Services Adobe Creek Sewer System Engineering Evaluation Dear Mr. Liang, Freyer & Laureta, Inc. (F&L) is pleased to present this proposal to the Town of Los Altos Hills (Town) to perform additional engineering analysis to expand the scope of the sanitary sewer system analysis previously completed by F&L. The Town engaged F&L in 2020 to complete an engineering analysis of the portion of the existing sanitary sewer analysis adjacent to Adobe Creek and F&L presented in the results of our analysis in the Draft Basis of Design Report (BOD) dated March 5, 2021. Since the Draft BOD, Town staff have identified an additional potential alternative alignment that the Town would like F&L to evaluate to a similar level of detail as the five alternatives already presented in the Draft BOD, F&L and the Town discussed that the previous Town goal was to identify the most cost effective solution for addressing the Full Septic Conversion sanitary sewer flows from the Town's Sanitary Sewer Master Plan but the Town now desires to include an additional alternative that avoids having to upsize the portion of the existing sanitary sewer main between Manhole LMH1119 and Manhole LMH1121 at the end of Adobe Lane to minimize work within the existing sanitary sewer easement that is immediately adjacent to the Santa Clara Valley Water District's existing Adobe Creek Storm Bypass Pipeline. F&L will provide additional topographic survey and engineering evaluation to evaluate an additional alternative alignment that would divert sanitary sewer flows from the portion of the existing sanitary sewer main between Manhole OMH1048 and Manhole OMH1050 along Rhus Ridge Road within the existing Town owned parcels to a new sanitary sewer main that would be constructed along Moody Road. The additional alternative alignment will require crossing Adobe Creek with a new creek crossing that may require trenchless construction. SCOPE OF WORK F&L will provide the following tasks: Perform additional topographic survey along the anticipated alignment along Rhus Ridge Road and Moody Road to convey flows to the existing sanitary sewer in Altamont Road including verifying the Adobe Creek flow line and dipping up to five existing sanitary sewer manholes needed for the existing Altamont Road sanitary sewer. Headquarters North Bay office East Bay office 150 Executive Park Blvd, Suite 4200 505 San Marin Drive, Suite A220 825 Washington Street, Suite 237 San Francisco, CA 94134 Novato, CA 94945 Oakland, CA 94607 Tel: (415) 534-7070 Tel: (415) 534-7070 Tel: (510) 937-2310 W W W.FREYERLAURETA.COM • Perform engineering evaluation to determine the feasibility and construction requirements to divert sanitary sewer flows into a new sanitary sewer main including a new crossing of Adobe Creek. ® Develop conceptual opinion of probable construction cost for the new alternative alignment. ® Present the engineering evaluation and OPC to Town staff during a virtual meeting. ® Revise the Draft BOD to incorporate the additional alternative alignment once directed by Town staff. F&L will develop the analysis including figures and tables similar to the information presented in the current Draft BOD for all other alternative alignments. Deliverables • Draft Figures and Tables to present the additional analysis A Meeting agenda and minute for one virtual meetings ® Revised Draft Basis of Design Report F&L will provide the Scope of Work described above on a mutually agreeable schedule. COMPENSATION F&L will provide the Scope of Work described above on a time and material basis for a not -to -exceed fee of $10,000 in accordance with F&L's current Charge Rate Schedule dated January 1, 2022, which is included as an attachment to this proposal. Thank you for the opportunity to support the Town to continue to evaluate potential solutions for the Adobe Creek sanitary sewer system. Please contact me at (650) 619-3226 or tarantino@freyerlaureta.com with any questions or comments. Very truly yours, Jeffrey J. Tarantino, P. E. Vice President FREYER & LAURETA, INC. Attachments 1. Charge Rate Schedule dated January 1, 2022 Cc: Laura Le (Freyer & Laureta, Inc.) FREYER & LAURETA, INC. Civil Engineers • Surveyors Construction Managers. L FREYER LAURETA, INC, Civil Engineers •- Surveyors —Construction Managers I:XXU01lc ki"T Effective 1/1/22 CHARGE RATE SCHEDULE PROFESSIONAL AND TECHNICAL SERVICES of Freyer & Laureta, Inc. Staff are provided on a fixed fee, or an hourly rate basis as follows: 1-3 V144 011109 Where a definitive scope of work can be established, many of our clients prefer that a specific fee be agreed upon in advance. Billings are submitted monthly based upon percent complete as of the last accounting day of the month. HOURLY RATE Applicable to Plan Preparation, Design and Report services where the scope of work must remain open. Freyer & Laureta, Inc. utilizes the following hourly charge rate basis for billing purposes. Production Aide — Clerical Drafter I - Technical Typist - SurveyTech II Drafter II -Word Processor Engineering Tech I - Drafter III Staff Engineer I - Engineering Tech II - SurveyTech III Staff Engineer II - Engineering Tech III - SurveyTech IV Staff Engineer III - Senior Engineering Tech Staff Engineer IV - Survey Tech V —Construction Inspector Associate Engineer - Associate Surveyor (L.L.S.) Senior Engineer - Construction Manager Senior Construction Inspector Project Manager— Principal Surveyor(L.L.S.) Senior Project Manager— PrincipalSurveyor (L.L.S) Associate Principal Principal Forensic Engineering Deposition and Court Appearance Subconsultant, Reproduction, Printing, Travel, Mailing, and Delivery - Cost plus 10% $ 90.00 $ 95.00 $100.00 $115.00 $135.00 $140.00 $145.00 $160.00 $175.00 $185.00 $185.00 $ 200.00 $ 215.00 $ 225.00 $ 240.00 $ 330.00 $415.00 INTEREST CHARGE - Billings are due and payable within 30 days. A monthly interest charge equal to the Federal Discount Rate plus 5% will be applied on the next billing beyond the 30 -day payment period. The foregoing Charge Rate Schedule is incorporated into the Agreement for the Services of Freyer & Laureta, Inc. and may be updated annually.