HomeMy WebLinkAboutGuiliani & Kull (4)AGREEMENT
THIS AGREEMENT is made and entered into on the day of June 1, 2023 by and between
the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Guiliani & Kull -San Jose, 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:
Provide staking of the Briones Wy. road right-of-way along Briones Way,
as shown on EXHIBIT A on Tract No. 3659 — MATAIDERO HILLS.
Provide staking of the Concepcion Rd. road right-of-way along
Concepcion Road, as shown on EXHIBIT A on Tract No. 2986 --
HOLMSCREST.
Provide staking of the La Paloma Rd. road right-of-way along La Paloma
Road, as shown on the exhibit in EXHIBIT A.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
EXHIBIT A — Proposal from contractor dated May 17,2023
3. TERMS. The services and/or materials furnished under this Agreement shall
commence June 1, 2023 and shall be completed by July 1, 2023, 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 fourteen thousand
one -hundred dollars and aero cents ($14,100.00) 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
Town of Los Altos Hills Page 1 of 4
Short form
Updated 4/26/22
Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete
goods/services.
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 4
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,4
Short form
Updated 4/28/22
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.
i. 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:
Astha Khanal, EIT
Assistant Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 4126/22
CONTRACTOR:
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By: 4ftg!;�P'
Signature Date
-A--- 1-- -2
Print name, Title
OF LOS ALTOS WILLS:
Peter �Virneja�ity Manager Date
Page 4 of 4
�IcngiQ. e s Plan eras M- � yors
Revised May 97, 2023
Astha Khanal
Town of Los Altos Hills,
26379 Fremont Road
Los Altos Hills, CA 94022
re: Proposal for Surveying Services
Staking Services along La Paloma & Concepcion Roads & Briones Way
Los Altos Hills, California
Dear Astha;
Thank you for the opportunity to offer surveying services for your project in Los
Altos Hills.
The attached proposal describes in detail the specific surveying task items
required for providing staking services for constructing Pathways along portions of La
Paloma Road, Concepcion Road and Briones Way, in the Town of Los Altos Hills. if
this proposal is acceptable, please sign in the space provided and initial all six sides of
the attached Standard Provisions. A returned copy will be our authorization to proceed.
(We have revised this proposal in conformance with the updated exhibit for staking
required along La Paloma Road.)
We look forward to working with you on this project.
Sincerely,
Giuliani & Kull -San Jose, Inc.
Mark A. Helton, PE, PLS
4880 Stevens Creek Boulevard, Suite 100 - San Jose, California 95129 • (408) 615-4000
EXHIBIT "A"
AGREEMENT
PROPOSAL FOR SURVEYING SERVICES
Staking Services for Pathways along La Paloma & Concepcion Roads & Briones Way,
Los Altos Hills, California
CLIENT
Peter Pirnejad, City Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
CONSULTANT
Giuliani & Kull -San Jose, Inc.
4880 Stevens Creek Blvd., Suite 205
San Jose, California 95129
This agreement entered into in San Jose, California hereby binds the Client and the
Consultant to the following scope of services and compensation:
PROJECT DESCRIPTION
The proposed project is the to provide staking services for Pathways along La Paloma &
Concepcion Roads & Briones Way, in the Town Los Altos Hills, California
SCOPE OF SERVICES
The following scope of services is offered for the completion of the surveying work
effort:
Task 1 - Staking Services along Briones Way
Giuliani & Kull -San Jose, Inc. will provide staking services for the proposed pathway
along Briones Way. We will provide wooden stakes at 50 foot intervals, (for the straight
sections, and 25 foot intervals for the curve sections). We will stake the southerly right
of way line, from the intersection of Via Ventana to the intersection of Via Cerro Gordo.
We will be using Tract Map No. 3659, (filed for record in Book 177, at Pages 34-35, in
Santa Clara County Records).
Staking Services for Pathways
Page 2 of 6 Pages
(The exact location is per exhibits sent to Giuliani & Kull -San Jose, Inc and attached
hereto. Note: Stakes will be set at any angle points, beginnings and ends of curves, as
well as at the intervals specified above. Also, if trees or hedges occupy the right of way
line to be staked, then we may stake behind the edge of the paved roadway, so as to
have the stakes visible from the roadway.)
A simple computer plot will be prepared for the Town, showing the stakes placed in the
field.
Task 2 - Stakina Services alonaConceocion Road
Giuliani & Kull -San Jose, Inc. will provide staking services for the proposed pathway
along Concepcion Road. We will provide wooden stakes at 50 foot intervals. We will
stake the northerly right of way line, along Concepcion Road (formerly Avenue), as
shown upon Tract Map No. 2986, (filed for record in Book 155, at Page 32, in Santa
Clara, County Records), from the westerly corner of Lot 1 to the easterly corner of Lot 2.
(The exact location is per exhibits sent to Giuliani & Kull -San Jose, Inc and attached
hereto. Note: Stakes will be set at any angle points, beginnings and ends of curves, as
well as at the Intervals specifigd above. Also, if trees or hedges occupy the right of ,way
line to be staked, then we may stake behind the edge of the paved roadway, so as to
have the stakes visible from the road.)
A simple computer plot will be prepared for the Town, showing the stakes placed in the
field.
Task 3 - Staking Services along La Paloma Road
Giuliani & Kull -San Jose, Inc. will provide staking services for the proposed pathway
along La Paloma Road. We will provide wooden stakes at 50 foot intervals, (for the
straight sections, and 25 foot Intervals for the curve sections). We will stake the
westerly right of way line, along La Paloma Road, in two sections. The first section will
be starting at the Todd Lane Intersection and going South to where It meets the existing
pathway. The second section where start at the end of the existing pathway North of
Alta Tierra Road, and proceed southerly, to Purlssima Rood.
Note: Due to the lack of survey monumentation in La Paloma Road,between
Purissimma Road and Westwind Road, we will be forced to look for property corner
survey monumentation along the West and/or East sides of La Paloma Road to
determine the location of the westerly right of way. As we have no idea of what survey
monumentation may still exist, (as some of the maps are from the 1940'x), we cannot
give a fixed fee for this work. We will therefore give a "Not To Exceed" amount for this
survey work.
Staking Services for Pathways
Page 3 of 6 Pages
(The exact location is per exhibits sent to Giuliani & Kull -San Jose, Inc and attached
hereto. Note: Stakes will be set at any angle points, beginnings and ends of curves, as
well as at the intervals specified above. Also, if trees or hedges occupy the right of way
line to be staked, then we may stake behind the edge of the paved roadway, so as to
have the stakes visible from the road.)
A simple computer plot will be prepared for the Town, showing the stakes placed In the
field.
SERVICES NOT INCLUDED
The following services are specifically not included as part of the consultants work effort
under this contract:
(a) Title services, including obtaining title reports, deeds, etc.
(b) Civil Engineering services
( c) Boundary surveying, or setting permanent survey markers
The above listing is not intended to be exhaustive and shall not be.construed to include
any work as offered under this proposal specifically identified in the Scope of Services.
COMPLETION OF WORK
See Exhibit "B"
COST OF SERVICES
See Exhibit "C"
TERMS
The services described herein will be provided in accordance with the attached
Standard Provisions of Agreement.
The services described herein will be provided in accordance with the attached
Standard Provisions of Agreement. Compensation shall be payable monthly as the
work is performed. Invoices shall be payable within 30 days of the date of invoice.
Extra work items or other additional services (beyond those described herein) will be
provided in accordance with our standard schedule of hourly rates in effect at the time
Staking Services for Pathways
Page 4 of 6 Pages
the work is performed.
If this proposal is acceptable, please sign one copy and initial all six sides of the
standard provisions attached hereto. A returned copy will be our authorization to
proceed.
Respectfully Submitted,
Giuliani & Kull -San Jose, Inc.
Mark A. Helton, PE, PLS
Accepted,
Town of Los Altos Hills
Peter Pirnejad
Date
EXHIBIT "B"
COMPLETION OF WORK
Staking Services for Pathways
Page 5 of 6 Pages
This work shall be performed within thirty (30) calendar days of our notice to proceed.
EXHIBIT "C"
COST OF SERVICES
Staking Services for Pathways
Page 6 of 6 Pages
The professional services described in the Scope of Services are offered for the
following fees:
Task 1 - Staking Services along Briones Way $1,800.00
Task 2 - Staking Services along Concepcion Road $1,800.00
Task 3 - Staking Services along La Paloma Road ------- Not To Exceed: $10,500.00
TOTAL. COST OF SERVICES Not To Exceed: $14,100.00
The services described herein will be provided in accordance with the attached
Standard Provisions of Agreement. Compensation shall be payable monthly as the
work is performed. Invoices shall be payable within 30 days of the date of invoice.
ualifications for Providing Surveying Services to the Town of Los Altos Hills
Giuliani & Kull -San Jose, Inc. is a professional services organization with a strong background
in civil engineering and land surveying. Our design approach is to have a single person in
charge of each project. This ensures that the project is well coordinated and effectively
processed. All projects are processed in a timely manner with the appropriate detail and quality
to assist in public approvals.
Mark Helton, PLS 7078, has been providing his services to the Town of Los Altos Hills for
many years. In addition, he currently is the City Surveyor for both the City of Los Altos,
Cupertino, Burlingame, Sunnyvale, as well as the City of Saratoga. He has worked with the
Town of Los Altos Hills Public Works Department staff for over 30 years.
The firm's capabilities span a broad spectrum of both public improvements and private
development projects. Our staffs expertise includes the following areas of specializations:
Subdivision Mapping (Tract Maps & Parcel Maps)
Record of Surveys
Legal Descriptions
Plats
ALTA/ACSM Surveys
Topographic Surveys
Boundary Surveys
Condominium Plans
Annexation Documents
Lot Line Adjustment Documents
Giuliani & Kull -San Jose, Inc. has worked on a variety of projects throughout the Town of Los
Altos Hills. In addition, we have worked directly for the Town of Los Altos Hills Public Works
Department for their various surveying needs.
Giuliani & Kull -San Jose, Inc. has had the opportunity of working on over 100 different projects
throughout the Town of Los Altos Hills in the past 30 years, including:
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La Pal(Hila Road Z -
STAKE PAT I I EAII:,',If,N I
FOR PARO *1 OFF I RACI
MAII NO. 5,14NUM,
TOTAI PROPOSED
A PPROX. 87W 11:
Existing path (blue) Do Noi
Stake Existing Path alea, (I -YT.)
Proposed path (red) Stake