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HomeMy WebLinkAboutGuilliani & Kull-San Jose, Inc.AGREEMENT THIS AGREEMENT is made and entered into on the day of November j ,22024 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: Task 2: Topographic Survey for Sewer Main at 14690 Saltamontes Way, from Manholes CMH1001 to CMH1002 EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from Contractor dated November 5, 2024 3. TERMS. The services and/or materials furnished under this Agreement shall commence November 11, 2024 and shall be completed by November 30, 2024, 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 two thousand and eight hundred dollars and zero cents ($2,800.00) 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 42622 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. Withregard 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 torte Updated 42622 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 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 forth Updated 412622 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: Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: I u1.1low i ;OfUd-e_5'0'V By: Signature Date '-.57 �/E�TrNr f 99J 1 V7— Print name, Title TOWN/OF LOSALTOS HILLS: By: &r/e Peter Pirnejad, Manager Date Town of Los Altos Hills Page 4 of 4 Short forth Updated 4126122 r _ • Engineers • Planners Surveyors November 5, 2024 Daniel Liang Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 re: Proposal for Surveying Services Partial Topographic Survey of the Sanitary Sewer mains @ Kingsley Avenue, and Saltamontes Way, in the Town of Los Altos Hills, California Dear Daniel; Thank you for the opportunity to offer surveying services for your projects in Los Altos Hills. The attached proposal describes in detail the specific surveying task item required for providing a partial topographic survey of the sanitary sewer main in the rear yard of 14411 Kingsley Avenue, from SSMH (EMH 1198) to SSME (EMH1203), as well as the sewer main in the yard of 14690 Saltamontes Way, from SSMH CMH1001 to SSMH (CMH1002), both 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 look forward to working with you on this project. Sincerely, Giuliani & Kull -San Jose, Inc. Z-5 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 Partial Topographic Survey of a portion of the Sewer Main located at 14411 Kingsley Avenue and 14690 Saltamontes Way, in the Town of Los Altos Hills, California CLIENT Daniel Liang 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 a Partial Topographic Survey of a portion of the Sewer Main located at 14411 Kingsley Avenue and 14690 Saltamontes Way, in the Town of Los Altos Hills, California SCOPE OF SERVICES The following scope of services is offered for the completion of the surveying work effort: Task 1 - Partial Topographic Survey of Sewer Main located at 14411 Kingsley Avenue - from SSMH (EMH1198) to SSMH (EMH1203) Giuliani & Kull -San Jose, Inc. will prepare a partial Topographic Survey of the sanitary sewer main located primarily in the rear yard of 14411 Kingsley Avenue (APN 175-21- Sanitary Sewer Partial Topographic Surveys Page 2 of 3 Pages 114), as well as a small portion of APN 175-33-056) We will locate the sewer manholes EMH1198, EMH1201, EMH1202 & EMH1203, and measure its rim and invert elevations. In addition, we will locate the ground approximately 10 feet on each side of the sewer main.. This survey will be prepared in plan view only. This survey will be tied to the Town Benchmark Circuit. In addition, we will set two survey control points, typically mag nails and shiners, and these will be shown upon said survey. Please note that no boundary points or survey monuments will be set, although we will attempt to tie into survey monuments in order to show the approximate property lines of the parcels adjacent to the sewer main. Task 2 - Partial Topographic Survey of Sewer Main located at 14690 Saitamontes Way from SSMH (CMH1001) to SSMH (EMH1002). Giuliani & Kull -San Jose, Inc. will prepare a partial Topographic Survey of the sanitary sewer main located primarily in the rear yard of 14690 Saltamontes Way (APN 175-04- 021). We will locate the sewer manholes CMH1001 & CMH11002, and measure its rim and invert elevations. In addition, we will locate the ground approximately 10 feet on each side of the sewer main.. This survey will be prepared in plan view only. This survey will be tied to the Town Benchmark Circuit. In addition, we will set two survey control points, typically mag nails and shiners, and these will be shown upon said survey. Please note that no boundary points or survey monuments will be set, although we will attempt to tie into survey monuments in order to show the approximate property lines of the parcels adjacent to the sewer main. 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 Sanitary Sewer Partial Topographic Surveys Page 3 of 3 Pages ( 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 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 Daniel Liang Date Qualifications 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 staff's 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: GIUL&KU-02 LBORDELON .4coR� CERTIFICATE OF LIABILITY INSURANCE D 11 1212024Y) �'--� 11 /12/2024 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(les) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Linda Bordelon, CISR Elite NAME: Micheletti Alternative Insurance Solutions PHONE FAX 300 Banner Ct. Suite 1 (A/C, No, Ext): (A/C, No): Modesto, CA 95356 ADDRESS, linda@michelettiins.com INSURED Giuliani & Kull, Inc. - San Jose 4880 Stevens Creek Blvd., Suite 100 San Jose, CA 95129 INSURER A: Sentinel Insurance INSURER B: Hartford Accident i INSURER C: Reoubllc Indemnitl INSURER F : f1r1\/C12ArACS (`CDTICIr`ATC A11111ACCD• 0C%1ICIAwI d11111AMCD. 1 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. /NSR LTR TYPE OF INSURANCE IVSD INSD SUER WVD POLICY NUMBER POLICY EFF M M/DD/YYYY POLICY EXP MMIDDIYYYY LIMITS A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Ful X I OCCUR57SBABP2321 X EACH OCCURRENCE $ 2,000,000 4/26/2024 4/26/2025 DAMAGE TO RENTED 300,000 X PREMISES Ea occurrence $ MED EXP (Any oneperson) $ 10,000 PERSONAL & ADV INJURY $ 2'000'000 GTEN'LAGGREGATELIMIT APPLIES PER: POLICYn PE LOC GENERAL AGGREGATE $ 4,000,000 PRODUCTS - COMP/OP AGG $ 4'000'000 OTHER. $ B AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY Perperson) $ X ANY AUTO X X 57UECBD6704 4/26/2024 4/26/2025 OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY Per accident $ PROPERTY DAMAGE Per accident $ X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY S A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE EACH OCCURRENCE 57SBABP2321 4/26/2024 4/26/2025 AGGREGATE $ 2'000'000 $ 2'000'000 DED I X RETENTION $ 10,000 C WORKERS COMPENSATIONX AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? ❑Y (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N/A X 25345704 4/26/2024 4/26/2025 PER OTH- STATUTE ER E.L. EACH ACCIDENT 1,000,000 $ E.L. DISEASE - EA EMPLOYEE $ 1,000,000 E.L. DISEASE - POLICY LIMIT 1,000,000 $ D Errors & Omissions 57 OH 0444864-24 4/26/2024 4/26/2025 Liability 2,000,000 D Errors & Omissions 57 OH 0444864-24 4/26/2024 4/26/2025 Deductible 5,000 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Town of Los Altos Hills is named as additional insured on the general liability and auto liability per attached forms. Primary and non-contributory wording applies to the general liability and auto liability per attached forms. Waiver of subrogation applies to the general liability, auto liability and Worker's Compensation per attached forms. Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. REPRESENTATIVE ACORD 25 (2016/03) ©1988-2015 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD