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HomeMy WebLinkAboutWilsey HamAGREEMENT THIS AGREEMENT is made and entered into on the Clay of �����'�� i� , 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Wilsey Ham (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: Design Services for the Newbridge Drainage Improvements Project. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated September 23, 2015 3. TERMS. The services and/or materials furnished under this Agreement shall commence is f/� l/rand shall be completed by ,�/v�� /�— , 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 twelve thousand two hundred dollars and zero cents ($12,200.00) 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 4123110 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employeSesorn any and all demands, claims or liability of personal injury (including de h) and property damage of any nature, caused by or arising out of theAperformance 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 4/23110 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 4123110 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: Richard Chiu Public Works Director Town of Los Altos Hills By: �-e 26379 Fremont Road Signa Date Los Altos Hills, CA 94022 e2rh Print name, -riltie TOWN OF LOS ALTOS HILLS: By: CA (1, 0 C. T)pj Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23110 September 23, 2015 Richard Chiu, Jr. P.E. Director of Public Works/City Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 W1 LSEY 21021 HAM Engineering, 'Surveying & Planning Re: Proposal for Design Services for the Newbridge Drainage Modification Project Dear Richard: Wilsey Ham is pleased to submit this proposal to the Town of Los Altos Hills for the surveying and engineering design to improve the drainage patterns on the southerly Newbridge Drive cul de sac. 1".0-M We understand that there are drainage problems on the southerly cul de sac of Newbridge Drive in Los Altos Hills. The drainage problems arise from insufficient pavement crown in some locations, and a cross -slope that causes concentrated drainage to flow across the street to an Inlet. In addition, the pavement along the A.C. berm has heaved in several places from tree roots which impedes the flowline. As a result of the pavement grade issues, the pavement section is suffering premature failure and irrigation runoff causes nuisance water on the street. To correct these issues, the Town would like the pavement grades revised to provide a sufficient crown and to address the tree root issues. A new inlet will also be installed to collect the drainage along the southerly AC berm to avoid the concentrated flow across the street, In order to make these revisions, the existing grades must be understood. This will be accomplished by a topographic survey of the street from the southerly driveway of 26005 Newbridge to the end of the cul do sac. The survey will collect elevations at the top and base of the berm, the crown of the street, the inlet grate and inverts and any other visible grade breaks. The pavement grade changes will be made with a combination of pavement grinding and an overlay. A new storm drain pipe will be installed across the street to a now inlet. Technical specifications will be prepared for the basic pavement requirements and will be provided to the Town for inclusion in the bid package. The plan set will consist of a title sheet with vicinity map, legend and abbreviations, a Note sheet, a plan view with pavement grading and grinding information and construction details. We propose to submit an initial package that is approximately 75% complete for the Town's review. After receipt of the Town's comments, this submittal will be followed by a 100% complete and final package. Bid and construction services will be provided under a separate proposal If desired. In light of the foregoing, Wilsey Flarn proposes the following scope of work for this project. 1361 Al c (A 94,V)1'z w:)lseyharT-),cc)n­l September 23, 2015 Richard Chiu, Jr. Page 2 Scope of Services Task 1 —Topographic Survey, Base Mapping & Preliminary (75%) Design The following work will be performed as part of this task: • Perform a topographic survey of -the area shown on attached Exhibit A. The survey will collect pavement and top of berm elevations as described above as well as the inlet grate and Invert. The elevations will be based on an assumed elevation. Visible utility vault boxes will be surveyed and shown on the base mapping, • Contact utility companies to acquire their records. • Prepare project base mapping from the topo survey from top of berm to top of berm at a scale of 1" = 20'. Driveway cuts will also be indicated on the map, ■ Perform a site visit and mark digouts of the failed pavement areas. ■ Prepare preliminary grading plan showing proposed grades, digouts areas and the digout quantities shown in a table. • Prepare a title sheet with notes. ■ Prepare preliminary details sheet ■ Prepare draft technical specifications using the Town's boiler plate technical specifications. • Prepare bid schedule & engineer's estimate. • Submit package to Town for review Deliverables: Two sets of preliminary plans, specifications and engineer's estimate. Task 2 - 100% and Final Construction Documents After receipt of comments from the Town of Los Altos Hills, the construction plans will be developed to the 100% complete stage. Revisions will be incorporated into the package based on the Town's review comments. The construction details will be fully developed and the engineer's estimate will be revised as necessary. The plans will be submitted to the Town for their review and comment. After receipt of the Town's comments, Wilsey Ham will incorporate the Town's comments, finalize the full bid package and submit the stamped and signed plans for the Town's use in bidding the project. Development of the 100% and final plans, specifications and estimate will include the following tasks: • Conference call to discuss Town's comments ■ Prep 100% plan sheets • Prepare 100% details, title & notes sheet • Prepare 100% technical specifications, ■ Prepare 100% bid schedule & engineer's estimate • Quality Control review, revisions & Submit package to Town for review • Make revisions to address comments, resubmit final Deliverables: Three sets of 24" x 36" plans developed to the 100% stage, including the full specification package and updated construction cost estimate. Three sets of final signed and stamped reproducible plans, specifications and bid package plus one digital set in the format requested by the Town. September 23, 2015 Richard Chiu, Jr. Page 3 Assumptions and Exclusions The following assumption and exclusions were made in the preparation of this proposal: 1. Utility structures will be shown on the plans and correlated to the underground utility records provided by the utility companies. 2. No Geotechnical information is assumed necessary and therefore this work is excluded from this proposal. 3. Technical specifications will be prepared using the Town's boiler plate technical specifications provided in Microsoft Word format. It is understood the Town will prepare the special provisions, invitation and other components of the contract documents. 4. AT&T charges $500 for record documents unless it is for a public agency project. To avoid this charge, our utility record research is based on the assumption that we will write the document request to AT&T and provide this text to the Town in Microsoft Word format to place on their letterhead and forward to AT&T, 6. No meetings are assumed necessary. Wilsey Ham's fee for the tasks described above is estimated to be $12,200 and will be charged on a time and materials basis in accordance with the attached Charge Rate Fee Schedule. Billings will be monthly based on the actual hours worked. Authorization You may authorize Wilsey Ham to proceed in accordance with this proposal and the Town of Los Altos Hills' Contract Provisions upon execution of a contract. We appreciate the opportunity to participate on your project. Very truly yours, WILSEY HAM Jeffrey M. Peterson Principal RCE #41385 Accepted: Richard Chiu Director of Public Works/City Engineer By: Title: Date: I U) 0 0 0 C: 0 — —JO —mt co Lr) CO LO Cl) It LO N 'o co o OY Lq (0 -P Lo co 0 CO N 00 co 00 CD cl: 0 Oo It CO cli 0 0 It co 0) co 0) r mce) co 0 0 qv w to 0 4— r " ll� " 0 0 (D 0 co Ca W 00 CO 00 It Nco 0 CQ Dir tq LO t" 0 U') C uWi C\l CD X in w CL cq w co co M N q) r 0) cc Oz 2 M W � co cq co Q:) cq CD m N w (D 0) N to 00 0)LO 6; ,m- co In V) (9 cq co �* % (:qr Ch w M 0 M N ',I' to CO " a r M M M CNI CNJ 0 P, w co It It 't 0 N 0 -41 w Cf) r r^ 0 kr) C) r 0 0 00 -r It 0 (0 qt h " NJ' N (N (o 4 z LLI CV ce cc LU LU z0 5C9 U) U) C4 uJ N C11 M (n AwJ (u aN) c P NN(D E 4= C E Z in _-j Zo — 2 2 8 0 o w tm - - (1) 07 t En — W (D '> C: Z MQwwQwqT Cd HE a Q?� r -E 0 xf U) 0 '�6 0 0 E w (D -d CL ol E r - r_ -EL t5 L7. -.-I v 0 0 < E .0.5ctl E "a A) UE- —9 A d) u a) Tj E E — 8 0) 0 P- cri 'o q 0 o C) U) A> Ei 2 ca ',o C) 0 0 rz a CL a b CL CL M, m m w E offmCL 1) CL CL t� a) 00 0 0 CL CL CL m C, 0- aur CL CL CL CL CJS a N M It 0 (0 1, M M CJ CO q'Lo Qo Ir, :j U) Cc, f'a f" w W. ICD W I S E Y 1"41."'i't"I'll, 'E�'Ilj H A M Engineering, Surveying & Planning 2015 Chaq.je Rate FeeSichedWe The compensation of Wilsey Ham for work done will be on the basis of an hourly charge rate, plus Incurred expenses and will be the sum of all the items set forth below: A. Personnel Services Principal Engineer/Surveyor $205 Per Fir Designer/Technician 11 $128 Per Fir Managing Engineer 178 Per Fir Designer/Technician 1 116 Per Fir Senior Engineer/Project Mgr. 168 Per Hr Cad Operator/Drafter 11 106 Per Fir Associate Engineer 158 Per Fir Designer/Technician 96 Per Fir Engineer 11 148 Per Hr Administrative Assistant 72 Per Hr Engineer 1 138 Per Hr Technical Assistant 56 Per Fir Assistant Engineer 128 Per Fir 2 Person Survey Grew 220 Per Fir Junior Engineer 98 Per Fir Contract Personnel 2x Invoice Senior Designer 132 Per Fir Outside Survey Specialist 148 Per Fir "Effective through December 31, 2015 and subject to revision annually thereafter, of K, 0,11 Travel &Transportation Expenses. a) Reimbursement for actual travel and subsistence expenses paid to or on behalf of employees on business connected with the project, plus a handling charge of 10%. b) Fifty-seven cents (.670) per mile, or the current rate allowable set by the Internal Revenue Service for use of company passenger vehicles, and fifteen dollars ($15.00) per hour for use of vehicles carrying field survey equipment or used for field inspection and supervision. 2-- Miscellaneous Expenses: a) The cost of materials, supplies, reproduction work, agency filing fees, and other services, including communication expenses, plus a handling chargo of 10%. C. Outside Services 8) Invoice cost of services and expenses charged to Wilsey Ham by outside consultants, professional, or technical firms engaged In connection with the order, plus 10% handling charge. Table 20149 Form w-9 ar Requt for Taxpye esNumber considered a U.S. person if you are: Give form to the (Rev. October 2007) Identification and Certification requester. Do not Department of the Treasury IRS must obtain your correct taxpayer Identification number (TIN) * An estate (other than a foreign estate), or send to the IRS. Into Pol Revenue Sai wo transactions, mortgage Interest you paid, acquisition or 301,7701-7). abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a Name (as shown on your Income tax return) trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: from Such business. Further, In certain cases where a Form W-9 has not been received, a partnership Is required to presume that 1. Certify that the TIN you are giving Is correct (or you are a partner is a foreign person, and pay the withholding tax, W Business name, it different from above 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U,S. 3. Claim exemption from backup withholding If you are a U.S. status and avoid withholding on your share of partnership 0 19 -------------- Check appropriate box: ❑ Individual/Bole proprietor ❑ Corporation ❑ Partnership Exempt El Limited liability company. Enter the tax classification (D=disregarded entity, C=corporntloh, P=partnerahlp) 0 [:] payee U.S. person, your allocable share of any partnership Income from a U.S, trade or business is not SUb ect to e withholding tax the on I ix F] Other (see instructions) 110, foreign partners' share of effectively conner,ted Income. tj 1 Address (number, street, and apt. or suite no.) Requester's name and address (optional) request your TIN, you must use the requester's form If it is following cases: substantially similar to this Form W-9, * The U,S, owner of a disregarded entity and not the entity, Town of Los Altos Hills City, state, and ZIP code 26379 Frotnorit Road Los Altos Hills, CA 94022 List account number(s) here (optional) IL;MJJ_,Jaxpayer Identification NurrlborffI Enter Your TIN in the appropriate box. The TIN provided must match the name given on Line I to avoid Fs --- 17, 1 security.,,.,b.r backup withholding, For individuals, this Is Your Social security nUrnber(SSN). However, fora resident alien, sole proprietor, or disregarded entity, see the Part I Instructions on page 3, For other entities, it is Your employer identification IlUrnber (EIN). If you do not have a number, seoHow to pet a TIN on page 3. or Mote. If the account is In more than one name, see the chart on page 4 for guidelines on whose I mployor identification number ber number to enter. Certification Under penalties of perjury, I Certify that: 1. The number shown on tills form Is my correct taxpayer Identification number (or I am waiting for a number to be Issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup Withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am SLIbJGCt to backup Withholding as 8 1'981.111 Of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup Withholding, and 3, 1 am a U.S. citizen or other U,8. person (defined below), Gertificatlon Instructions. You rnt.19t cross Out item 2 above if you have been notified by the IRS that You are Currently subject to backup withholding because You 1180 failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage Interest paid, acquisition Or abandonment of secured property, cancellation of debt, contributions to all Individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but You i-nLiSt provide Your correct TIN. See tile instructions on page 4, Sign H ore Signature of U.S. person 10 - Date 0 - General Instructions Definition of a U.S. person. For federal tax purposes, you are Section references are to the Internal Revenue Code unless considered a U.S. person if you are: otherwise noted. 0 An individual who is a U.S. citizen or U.S, resident alien, Purpose of Form # A partnership, corporation, company, or association created or organized In the United States or under the laws of the United A person who Is required to file an information return with tile States, IRS must obtain your correct taxpayer Identification number (TIN) * An estate (other than a foreign estate), or to report, for example, income paid to you, real estate * A domestic trust (as defined in Regulations section transactions, mortgage Interest you paid, acquisition or 301,7701-7). abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a Use Form W-9 only if you are a U.S, person (including a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: from Such business. Further, In certain cases where a Form W-9 has not been received, a partnership Is required to presume that 1. Certify that the TIN you are giving Is correct (or you are a partner is a foreign person, and pay the withholding tax, waiting for a number to be issued), Therefore, If You are a U.S, person that Is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business In the United States, provide Form W-9 to the partnership to establish your U,S. 3. Claim exemption from backup withholding If you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income, U.S. person, your allocable share of any partnership Income from a U.S, trade or business is not SUb ect to e withholding tax the on I ix The person who gives Form W-9 to the partnership for foreign partners' share of effectively conner,ted Income. purposes of establishing Its U.S. status and avoiding withholding on Its allocable share of not Income from the partnership NOW. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States Is in the request your TIN, you must use the requester's form If it is following cases: substantially similar to this Form W-9, * The U,S, owner of a disregarded entity and not the entity, at, No. 10231X Form W-9 (Rev. 10-2007)