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HomeMy WebLinkAboutWreco (2)AGREEMENT day THIS AGREEMENT is made and entered.into on the #41�" of , 2015 by and between the TOWN OF. LOS ALTOS HILLS (hereinafter referred to as "TOWN") and WRECO (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: Perform peer review of Barron Creek Restoration project prepared by Engeo lnc,. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated November 18, 2015 3. TERMS. The services and/or materials furnished under 'this Agreement shall commence i I?. and shall be completed by 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 three thousand four hundred twenty dollars and zero cents ($3,420.00) 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 subco.ntractor 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. I of 4 Short form Updated 4/23/10 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: i. 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 kin'd 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 4/23/10 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of t 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 variatl , os .fno: 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 4/23/10 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: Richard Chiu Public Works Director Town of Los Altos Hills 26379 Frem'Ont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/23/10 CONTRACTOR: 0 ,Signature �'i �' � ' Gni Print name, Title TOWN OF LOS ALTOS HILLS: Date By Carl Cahill, City Manager. /Date Page 4 of 4 1243 Alpine Road, Suite 108 Walnut Creek, CA 94596 Phone: 925.941.0017 Fax: 925.941.0018 www,wreco.com November 18, 2015 Mr. Richard Chiu, Jr.,, P.E. City Engineer/Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 RE: BARRON CREEK RESTORATION REPORT PEER REVIEW Dear Mr. Chiu., WRECO is pleased to present you with this scope and fee proposal for the tasks associated with performing a peer review- of the Barron Creek Restoration Technical Basis of Design Report for Red orchid Property (Report) prepared by ENGEO Incorporated (ENGEO). Following is WRECO's proposed scope of work: Task I Report Review WRECO will review the Report prepared by ENGEO. For this task,, WRECO will review: • The criteria and basis of the overall study, • The hydrologic and hydraulic analyses, • The HEC -RAS hydraulic model, The bridge scour analysis,. The recommendation of scour countermeasure, and The operation and maintenance needs. WRECO will coordinate with the Town of Los Altos Hills (Town) to obtain the hydraulic model from ENGEO and perform an independent run of the model. WRECO will also check the input data and output results and compare that with the discussions, in the ENGEO Report. Task 2 Peer Review Memo WRECO will prepare a Peer Review Memo to summarize our findings and specific comments, [] Deliverables.* Peer Review Memo (PDF) Task 3 Coordination Conference Calls WRECO will participate in up to two (2) conference calls with the Town and ENGEO staff to discuss WRECO's review comments on the Report. Task 4 Coordination Meeting (if needed) If needed, WRECO will attend one (1) in-person meeting, either in the field or in the Town's office, with the Town and ENGEO staff to discuss WRECO's review comments, WRECO will not bill the hours if there is no meeting. Civil Engineering I Environmental Compliance I Geotechnical Engineering I Water Resources AIL Gum Bums 1243 Alpine Road, Suite 108 Walnut Creek, CA 94596 Phone: 925,941.0017 Fax: 925.941.0018 www.wreco.com Enclosed please find our proposed man-hours and fee. Please feel free to contact me if you have any questions at (925) 941-0017 x201 or email at hanbin—liang@wreco.com. Best Regards, WRECO Han -Bin Liang, Ph.D., P.E., QSD/P Enclosures: Man-hours and Fee Proposal A 'N '0 .0 Civil Engineering I Environmental Compliance I Geotechnical Engineering I Water Resources Gum Bums wneeo 1243 Alpine Road, Suite 108 Barron Creek Restoration Report Peer Review Walnut Creek., CA 94596 Town of Los Altos Hills Work -Hour and Fee Estimate for WRECO Tasks Prepared by WRECO Man -Hours 11/17/2015 Principal Senior Associate Task Task Description Engineer Engineer Engineer I Report Review 0.5 2 8 2 Peer Review Memo 0.5 2 4 3 Coordination Conference Calls 1 2 4 Coordination Meeting (if needed) 4 Subtotal 2 10 12 Fee Direct Cost Hours Hourly Rate Fee Principal Engineer 2 $ 220.00 $ 440.00 Senior Engineer 10 $ 150.00 $ 1,500.00 Associate Engineer 12 $ 115-00 $ 1,?380.00 Subtotal Direct Labor 24 31320.00 Expenses Travel & Per Diem $ 75.00 Office Misc. & Reproductions $ 25.00 Subtotal $ 100.00 Total Cost 3,420.001 CONFIDENTIAL Fee WRECO—Barron Creek Review 11182015 Form. W09 Request for Taxpayer Give form to the (Rev.'0c;tober 2607)1 equesteDo not Iden'tifil0boo Number* and Certification rr. Department of the Treasury send to the IRS. lntorm4 �OV666ei Servlce I Name las shown pn your income tax return) Business name, If different from above jOheck approprla*fe box: El Individual/Sol ' e propriet'or DK Corporation, Partnership Exempt Limited liability compariy. Enter the tax classification P=;d1sregarded entity., C=*cQr*Poraticn* P=partnershlp) 110 -------- E] payee E] Other (see Ineftotions) Op- Payee Address (number, -street, and apt. or.suite no.) Requester's name and address (optional) A - . .-*-% I - I city, state, 'and ZIP code rc q List account number(s) here (optional) Taxpayer Identificatibn Number (TIN) Towh of Los Altos Hills 26379 Froment, Road Los Altos Hills,CA 94022 Enter your TIN in the appropriate box. The TIN provided Must match the narne given oil Line I to avoid Social security number backup withholding. For Individuals, this is your social security number ($8N), However, for. a resident alien, sole proprietor, or disregarded entity,, 'see the Part 1 Instructions on page 3. For other entities, it is your employer Identification numbar.(EIN). It you do. not have a number, see How to got a TIN on page 3. or Note. If the dop''ount i.s in more than one name, seethe chart. on page 4 for guidelines on whose Employer idenifflontion number number to enter. t Z 3 ,;5 ff q Certification Under penalties of perjury, I certify that: 1, The number shown on thI6 form is my corr6ot taxpayer identification number (or I ami waiting for a number to be Issued to Ina), and 2. 1 am not. subjqot to backup withholding bacdus6: (a) I am exempt frorn backup withholding,, or (b) I have nbt been notified by the Internal 116'venuServide (IRS) that I am sqbject to backup WIthholding as a result Of a f8ilLIrO to*rep*ort all lnt6res't or- dividends,or M the 1118'has n6tified r'ji'd that I ain no longer. SUbjeCt"to backup withholding., and 3. 1 am -a U.S. citizen or other .U.S.' 'person '(defined below). 0ortification. Instructions. You ' roust cross out itern 2 above If you have been notified by the IRS that You are - .currently subject. to backup withholding because you have failed to report all. Interest and dividends on your tak. return. For real estate transactions, itern 2 does not 6pply. For mortgage interest- paid, -actlulsltion or abandonment of secured property, cancellation of -debt, contributions to an individual retirement �arrsiilgqmqnt (IRS %), and','Opnerally-, pqM�nts other thaP Interest and dividends, you are not rOqUired.Wsigh the. Certification, but you must prmddo Your corr6ot TIN. See the Mstructions on pa0e 4. Sign Signatire of Here U.$. person bate so. /p Genera * I .' Instructions Sedon. reference ' s are a to the Internal Revenue Code unless .6therwiso noted. Purpose of Form A person who is i'equlrdd to file an Informotion return with the IRS must obtain your -correct tmRayer identificatio.n number (TIN) to report., -for example, Income paid to you, real estate transactions, mortgage interest you paid, acquisition ,or abandonment -of secured property, cancellation of debt, or contributions you made to 'an IRA. Use Form 1V-9 only if you are a U.S. person ,(Including -a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Gertify.that the TIN you*are giving is correct (or you are waiting for a number to be Issued), 2. Ceilify that you are. not subject to backup withholding, or 3. Claim eXomption from backup withholding if you are a U,8. exempt 'payee: If .applicable, you are also certifying that as a U,8. person, your allocable share of any phrtnership Inborne from a U.S. -trade or business is not subject to the withholding tax on foreign partners' share. of effectively connected Income. ' Note. If a requester gives you a form other than Form W-9 to request ypur TIN, you must use the requester's form if it is substantially similar to this' Form W-9. Il fInItIon of a MS. Oersoii, For federal tax purposes, you are considered .a U.S. person if you .are: # An individual wh-6 Is a U.'S. cItIZ*Gn or U,S. resident alien, * A partnership, corporation, comp4nj , or. . ass ' Ociation created or organized in the United States or .under the laws of the United States, # An est�to (other than- a foreign estate), or * A domestic trust (as defined in Regulations section 301.7 701-7), Special rules for p6irtner'ships. Partnerships that conduct -a trade or business In the United States are generally required to pay a withholding tax on any foreign partners' share of Income from such business. Further, in certain casezf where a Form W-9 has not been received, a partnership Is required to presume that a partner is a forel�n person, and pay the withholding tax. Therefore, *V you aro a U.S. person that Is a partnor in, a partnership conducting a trade or business in the. United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form W-9 to the partnership for purposige of establishing its U.S. status and avoiding withholding on Its allocable share of not Income from the partnership conducting a trade or business In the United States is in the following cases: * The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007)