HomeMy WebLinkAboutAgr 2006-08-11 (Quiet River Land)
AGREEMENT FOR SERVICES - SURVEYING
THIS AGREEMENT, made and entered this \ \lit day of A~J~ , 2006, by and between the
TOWN OF TIBURON, a municipal corporation, hereinafter called "Town," and QUIET RNER
LAND SERVICES INC., hereinafter referred to as "Consultant,"
RECITALS
A. The Town is desirous of completing certain land surveying services. Certain professional
land survey expertise and analyses will be required in order for the Town to undertake the
project.
B. The parties wish to contract for the Consultant to provide the services described in
Exhibit A, dated July 18, 2006, hereafter referred to as "Services", which is attached hereto
and incorporated herein by reference.
AGREEMENT
1. Scope of Consultant Services. Consultant shall perform those Services described in
Exhibit A. Consultant may subcontract out certain of the Services to other Sub-consultants
only as specified in Exhibit "A" or as may be approved in advance in writing by Town. In
the event of such subcontracting, Consultant shall remain responsible for the full
performance of such services. The project schedule shall be as defined in Exhibit "A" or as
approved by the Town.
2. Compensation. Consultant's fee for the Services shall be as set forth in Exhibit A.
Payments shall be due thirty days after submission of an itemized invoice showing work
actually completed. Consultant shall submit invoices on a monthly basis with required
supporting information as required by the Town. The format of the invoice shall be defined
by the Town and the Consultant is encouraged to seek clarification prior to submittal.
3. Standard of Work: Indemnity. Consultant shall perform the services in a skillful and
professional manner compatible with the usual, customary standard of Consultant's
profession. Consultant shall indemnify, defend and hold Town harmless from and against
claims, liabilities, suits, loss, cost, expense and damages to the extent caused by a negligent
act or omission of Consultant's in the performance of the Services pursuant to this
Agreement.
4. Consultant as Independent Contractor. Consultant (including its agents and employees) is
not an agent or employee of the Town but is an independent contractor not subject to the
direction and control of the Town. Without limiting the foregomg, Consultant shall
maintain complete control of its operations and personnel and shall be solely liable and
responsible to pay all required salaries, wages, expenses, taxes and other obligations,
including, but not limited to, withholding and Social Security.
Agreement - Quiet River Land Services, Inc.
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5. Attendance at Hearings. If requested by the Town, Consultant shall appear at litigation
and/or administrative hearings that pertain to the work. Town shall reimburse C~nsu1tant
for such appearance(s) at the hourly rate specified in Exhibit A.
6. Audit of Books and Records. Town may, in its sole discretion, undertake an independent
audit and/or evaluation of the Consultant's records and accounts of expenditures and
program activities at its own expense. Consultant shall furnish all items necessary in the
Town's discretion to complete said audit and/or evaluation subject to restrictions on
confidentiality limited to expenditure or receipt of program funds, and program quality.
7. Insurance. Consultant shall maintain insurance as set forth below. Town shall be added as
an additional insured to all required insurance policies:
A. Comprehensive General Liability: Combined single limit of $1 ,000,000 for each
single occurrence and $1,000,000 annual aggregate.
B. Comprehensive Automobile Liability: Combined single limit of $1,000,000 for
each single occurrence and $1,000,000 annual aggregate.
C. Surveyors/Engineers Professional Liability: Client agrees that Consultant's total
liability to Client for professional negligence, acts, errors or omissions of Consultant
shall be limited to $100,000 or Consultant's fees, whichever is greater.
8. Ownership of Documents: Re-Use: Indemnity. All documents and electronic files,
including drawings and specifications prepared by Consultant pursuant to this
Agreement shall be the property of Town and delivered to the Town. Town
acknowledges that said documents are prepared for use only in connection with the
Project described in the Exhibit A. Consultant makes no representation that said
documents are suitable for re-use on any other project or on any expansion of the
Project. Any such re-use by Town without specific written approval by Consultant shall
be at Town's sole risk. Town shall indemnify and hold Consultant harmless from all
claims, losses, damages and expenses, including attorneys fees, that may arise from
Town's unauthorized re-use of said documents for another project or for any expansion
of the Project.
9. Stop Work Order. Town may at any time, by written notice to Consultant ("Stop Work
Order"), require Consultant to stop or suspend performance of the Services, in whole or in
part, for a period of up to ninety days after such notice is delivered to Consultant. Upon
receipt of the Stop Work Order, Consultant shall immediately comply therewith and take all
reasonable steps to minimize the incurrence of costs allocable to the Services covered by the
Stop Work Order during the period of work stoppage. Within ninety days of the delivery of
the Stop Work Order, or such later time as may be agreed to by the parties, Town shall
either cancel the Stop Work Order or terminate this Agreement as provided in Paragraph 13.
Consultant shall resume work upon the cancellation of the Stop Work Order. To the extent
that the Stop Work Order results in a documentable increase in the cost of performing the
Services or the time required for such performance, Consultant shall receive an equitable
adjustment in compensation or an extension of time for performance, as appropriate.
Agreement - Quiet River Land Services, Inc.
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10. Delinquency. In the event that a proper invoice remains unpaid for more than 45 days after
submittal, Consultant may commence to charge interest on the unpaid amounts at the lesser
of 1.5% per month or the maximum rate allowed under applicable usury laws. In addition,
Consultant may suspend the performance of the Services after giving Town 10 days notice
of its intent to do so. In the event of such suspension, the Base Fee shall be increased to
include Consultant's reasonable costs of suspending and restarting the Services.
11. Termination of Contract. It is expressly understood that either party shall have the right to
terminate this agreement within ten (10) days written notice to the other party. In such
event, Consultant shall deliver to the Town copies of all finished and unfinished surveys,
studies, documents, computer disks, and/or reports pertaining to the contract (collectively,
"Materials"), and Consultant shall be entitled to receive just and equitable compensation for
any satisfactory work completed as determined by the Town. Town shall indemnify, defend
and hold Consultant harmless from all claims, losses, damages and expenses, including
attorneys fees, arising from the use of the Materials by Town and any third party for (1)
completion of the services described in Exhibit A by a third party; or (2) construction
without the participation of Consultant. Notwithstanding the foregoing, in the event that a
court of competent jurisdiction (or an arbitrator, should the parties agree to submit the
matter to arbitration), finds that the Consultant is solely liable for a claim, loss, damage or
expense, this obligation to indemnify, defend and hold harmless shall.not apply.
12. Discrimination. In the performance of the terms of this Agreement, Consultant shall not
engage in nor permit others he may employ to engage in discrimination in the employment
of such persons based on race, color, religion, sex, sexual preference, age, or handicapped
conditions.
13. Miscellaneous.
A. Other Contract Provisions. Other contract provisions may be set forth in Exhibit A.
To the extent that there are any inconsistencies with such Exhibit and the other
portions of this Agreement, this Agreement shall prevail.
B. Governing Law. This Agreement shall be governed by the laws of the State of
California.
C. Severability. If any provision of this Agreement is found to be invalid or
unenforceable, the validity and enforceability of the remaining portions shall not be
affected unless the effect thereof would materially change the economic burden on
either party.
D. Successors in Interest: Assignment. This Agreement shall be binding on the assigns
and successors in interest to both parties. Neither party may assign their obligations
under this Agreement without the written consent of the other party.
Agreement - Quiet River Land Services, Inc.
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E. Entire Agreement: Amendment. This Agreement represents the entire Agreement
between the parties. This Agreement may only be amended in writing.
IN WITNESS WHEREOF the parties hereto have caused their duly authorized representatives to
execute this Agreement the day and year above written.
<>
TOWN OF TIBURON
~OL-~A.. ~)J(
Heidi Bigall, Interim Tow anager
Quiet River Land Services, Inc.
Kev (~ M.. M..4L(ju<< R e. . PIl4i.StD~T ~
~. P. L. . s. , '"t ~ 7
APPROVED AS TO FORM:
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Agreement - Quiet River Land Services, Inc.
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Exhibit A - Pg. 1/6
QUIET RIVER
- Land Services Inc.-
July 18,2006
Mr. Nicholas T. Nguyen, P.E.
Directo~ of Public Works
Town ofTiburon
Tiburon Corporation Yard
1175 Kleinert Way
Tiburon, CA 94920
RE: Revised Proposal Survey of Existing Conditions to Include: Property Boundary
Locations, Topographic Features and Right-of-Way Delineation for a Specified Corridor
of Mixed-use property in the Town ofTiburon at Pine Terrace.
I
Dear Mr. Nguyen,
Thank you for calling on Clulet ~ Land Se~I", Inc. fQr your swvey and mapping
needs. After a review of the data provided and a visit to the sQbject property, I have
prepared this proposal for survey and mapping services for the property identified above.
Scope of Work: Quiet River Land Services, Inc. (QRLS) will perform the folloWing
services:
1.) FIELD: Field Survey of existing conditions to include, locate, identify, depict and
delineate the following items found within the specified survey area: (for Specified Area
please see photograph with limit of survey area identified by yellow line - attached.)
a.) Topography and Locations of items found within the survey area including
trees (w/sizes and drip 1ines)~ fences/gates, guardrails, benches, water fount~in, signposts,
retaining walls, pathways (asphalt and dirt), roads, streets and location ofTiburon
Boulevard.
b.) Locations and identification of visible utilities, including poles, meters, risers,
vaults, cabinets, drain inlets, manholes, valves, etc.
c.) Search for and utilize existing monuments, property comers, benclunarks,
survey control points used to detennine rights-of~way and property boundary lines.
5673 West Las Positas Boulevard · Suite 215 · Pleasanton. CA 94588 · 925..734..6788 · FAX: 925..734-6732
Exhibit A - Pg. 2/6
Cluiet !Riu.eIt Land Services, Inc.
Proposal: Town ofTiburon- Existing Conditions Topography ofPlithways- Pine Terrace
July 18, 2006
2.) OFFICE: QRLS will research and obtain pertinent available data related to the ' ,
survey and mapping project. This can include record subdivision maps, deeds, title
reports, Caltrans Right~of... Way and Monument Maps. Using these record items in
conjunction with the field data obtained from the survey, QRLS will prepare a scale map
that depicts the topography in one and/or two-foot contour intervals, spot elevations and
cross...sectioDS along pathway routes, all structures, improvements, utilities, other items
surveyed, and property lines. Easements of record will be shown if that record data is
available via a title report or record maps.
3..) Additional Items:
ao) QRLS will establish a durable project Benchmark and provide elevations in NA VD
1988 DatQm. The elevations will be established either by GPS, or by the utilization of
another suitable benchmark, if available. .
b.) The Horizontal datum for the project will be in California State Plane Coordinate
projection, NAD 83.
c.) QRLS will incorporate the final version of the. mapping project into an existing aerial
map currently in the Town's possession, provided that the mapping software is
compatible.
d.) Caltrans Safety procedures will be followed when working within the right of way of
Tiburon Blvd. and a three-person crew will be employed for the road work.
PROJECT NOTES:
a.) QRLS will obtain a Town ofTiburon business license and a Caltrans Encroaclunent
Permit, and a Town ofTiburoil Encroachment Pennit (if required) for this project.
b.) For the purposes of this project, QRLS does not intend to do title searches or title
research. All title research and preliminary title reports are to be supplied to QRLS
\lD.less otherwise agreed.
c.) Underground utility locations are not included in the scope of work and are thus
excluded from this project. If there is a requirement to have them located and depicted
on the map, then a revised proposal will be supplied.
d.) Visible utilities will be identified and depicted on the map, however it is Wlderstood
that some utility structures could be missed (not mapped) because they are obscured from
view or covered by grass, leaves or other reasons.
Pricing: The Not-to...Exceed fee for the above ~escribed project is as follows:
Field Survey, Map and deliverables as described herein........ ..... ... ..$ 5,700
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Exhibit A - Pg. 3/6
lSuid. fRJ.u.eN. Land Services, Inc.
P~posal: Town ofTiburon - Existing Conditions Topography of Pathways - Pine Terrace
July 18, 2006
TIle foregoing price is based on the belief that the record property boundary, subdivision
maps and Caltrans right-or-way data, infonnation and monuments are avaiiable and
without material defects. In tbe event that property boundary andlor Caltrans right-of-
way data are found to be unavailable, have material discrepancies or contain significant
errors, then the scope of work ~d completion times may be adversely affected, and a
revised proposal will be developed and forwarded. .In the unlikely event that this project
discovers material discrepancies in recorded maps or de~ds, California State law requires
a Record of Survey Map be prepared and filed with the County Surveyor. If that were to
happen, additional mapping fees would he required to cover the ~osts of said mapping.
Pricing reflects the Scope of Work as presented and does not include the following items:
a.) Any I all application, filing, plan check. bonds or recording fees, and any taxes or
special assessments.
b.) Civil/Structural Engineering design services (roads, drives, curbs,.~ewer, water,
drainage and drainage facilities~ soils, utility ~gineering, traffic studies, environmental
analysis I reports, noise.analysis, underground utility location services, or other oon-
survey/mappingrelated requirements.)
c.) Land Planning Services or representation at public hearings.
d.) Construction staking of building, walls, roads or utilities.
e.) Setting of property comers or street monuments.
Schedule of Completion: This project can be completed within fifteen (15) business
days of the Notice to Proceed.
Deliverables: Items to be delivered include:
1.) When CC?mpleted, the map will be provided to the Town ~fTiburon in bond print
form, stamped and signed by a registered professional land surveyor.
2.) A .pdf file version of the final map will be e-mailed or fOIWarded on disk.
3.) The project will be avai1abl~ in AutoCAD .v. 2004, with all survey data, points and
plotting files supplied on CD or DVD for use in the design phase of the project.
4.) Durable Project Benchmark and Project Control Points for use in future phases.
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Exhibit A - Pg. 4/6
l!lull!l !R/.ueJi. Land Services, Inc.
Proposal: Town of1iburon - Existing Conditions Topography of Pathways - Pine TelTBce
July 18, 2006
Mr. Nguyen, I hope that all the features you require for this project have been covered.. If
you have any questio$ or concerns, please do not hesitate to call. If you want us to
proceed with the survey please provide a written Notice to. Proceed.
Quiet River Land Services, Ine is a fully licensed, insured and outfitted California
COrporation. We employ top-quality surveyors, drafters and staff. We enjoy serving the
municipal and land development industry and believe strongly in providing excellent
teamwork and surveying services to our valued clients. Should you ever have a question
or a problem, please contact me directly.
Respectfully,
l!lull!l9liu.eJJ, Land Services, Inc.
urre, C~ P.L.S.#6437
. 4
Exhibit A - Pg. 5/6
QUIET RIVER
- Land Services Inc.-
July 18, 2006
Mr. Nicholas T. Nguyen, P.E.
Director of Public Works
Town ofTiburoD
Tiburon Corporation Yard
1175 Kleinert Way
Tiburon, CA 94920
RE: Revised Proposal: Storm Drain Easement, Plat and Legal Description for Lot 8, of
the Paradise Estates Subdivision, Lands of Querard, having the address 6 Mateo Drive,
Town ofTiburon. (APN: 038-381-21)
Dear Mr. Nguyen,
Thank you for calling on CJu1et fiUu.e1t, Land ServIces, Inc. for your survey and mapping
needs. After a review of the data provided and a visit to the property, I have prepared
this proposal for survey and mapping services for the property identified above.
Scope of Work: Quiet River Land Services, Inc. (QRLS) will perfonn the following
services:
1.) Field survey of the as-built location, depths and limited topography of the existing
Street, asphalt patches, northerly house comers, existing Stonn Drain inlets and
underground line as it was constructed from the northerly line of Lot 8 at Mateo Drive to
where it terminates at the intersection with the exis~g 10-foot wide sewer easement as
that easement is shown on the Map of Paradise Estates Subdivision.
2.) QRLS will prepare a Plat and Legal Description for a IO-foot wide Storm Drain
Easement over and across the property described above, delivered on 8.5' x 11" fannat,
suitable for recording purposes.
3 ~) Preparation of a larger-scale map of the items and improvements as listed in Item 1
above and produced in 18." x 24" fonnat and electronic file in AutoCAD v. 2004.
5673 West La-s Positas Boulevard · Suite 215 · Pleasanton, CA 94588 · 925..734.6788 · FAX: 925..734-6732
Exhibit A - Pg. 6/6
fftuJet !Ilbuvt. Land Services, Inc~
Proposal: Town ofTiburon - 6 Mateo Drive - Stonn Drain Easement and Map
July 18, 2006
Pricing: The Not..to-Exceed Fee for the above described project is as follows:
Field Survey, Plat and Legal Description, and larger-scale Map. .... ... .. ... ..$ 2,000
Note: The fee listed above assumes that the existing street monuments are accurate and
without significant error, and that our crew has access onto the lands of Querard (Lot 8)
on the day scheduled for the field survey, and 'that the record data for subdivision map
and -existing sewer easement at the point of tenninus of the new easement are without
significant error. IF conditions of this type are encountered during the survey, then a
revised Scope of Work and fee schedule will be forwarded. '
Schedule of Completion: This project can be completed within ten (10) business days of
the Notice to Proceed.
DeUverables: Items to be delivered include:
1.) 8.5" x 11" Legal Description and Plat stamped and signed by California Licensed
Land Surveyor for Plirposes of recording.
2.) Larger-scale map of the improvements as listed above. This map will be supplied as
stamped and signed bond prints and electronic file in AutoCAD v. 2004.
Mr. Nguyen, I hope that all the.features you require for this project bave been covered.
If you have any questions or concerns, please do not hesitate to call. If you want us to
proceed with the. survey please provide a written Notice to Proceed.
Quiet River Land Services! mc is a fully licensed, insured and outfitted California
Corporation. We eIllploy top-quality surveyors, drafters and staff. We enjoy serving the
municipal and land development industry and believe strongly in providing excellent
teamwork and surveying services to our valued clients. Should you ever have a question
or a problem., plea,se contact me directly.
Respectfully,
CJulet 9liu.e1t. Land Services, Inc.
Kevin M. McGuire, CA P.L..S. #6437
President
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