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HomeMy WebLinkAboutRomig EngineersAGREEMENT THIS AGREEMENT is made and entered into on the day of �j G4� , 2021 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Romig Engineers (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 Geotechnical Investigation for the off-road pathway between La Paloma and Robleda Roads 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 6/7/2021 3. TERMS. The services and/or materials furnished under this Agreement shall commence July 28, 2021 and shall be completed by August 30, 2021, 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 Fifteen thousand eight hundred and fifty dollars and zero cents ($15,850.00) 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 3/16/21 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. In no event shall the cost to defend charged to the CONTRACTOR exceed the CONTRACTOR's proportionate percentage of fault. 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. Town of Los Altos Hills Page 2 of 4 Short form Updated 3/16/21 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 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. 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 Town of Los Altos Hills Page 3 of 4 Short form Updated 3/16/21 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. h. In the event of any dispute between the Parties related to this Agreement or this Project, the Parties agree to first negotiate in good faith toward a resolution with participation by representatives of each Party holding sufficient authority to resolve the dispute. If such dispute cannot be resolved in this manner, before any action or litigation is initiated other than as required to secure lien rights, the dispute shall be submitted to mediation using the American Arbitration Association or another mediator as mutually selected by the Parties. Such mediation shall be completed within a reasonable period of time following either Party's written demand with each Party to bear an equal share of the mediation fees and its own respective attorney and Contractor fees and costs. 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: John Chau Associate Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 3/16/21 CONTRACTOR: By: ,Lzzcld- veru Signature 7/8/21 Date Lucas Ottoboni, Sr. Project Manager/Principal Print name, Title TOWN OF LOS ALTOS HILLS: By: CJ�07/02-1 Carl Cahill, City Manager Da Page 4 of 4 Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Request for Taxpayer Give Form to the Form (Rev. October 2018) Identification Number and Certification requester. Do not Department of the Treasury Internal Revenue Service ► Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS. 1 Name (as shown on your income tax return). Name Is required on this line; do not leave this line blank. Romig Engineers, Inc. or 2 Business name/disregarded entity name, if different from above M yP 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the Y 4 Exemptions codes apply only to P� ( PPY Y 0 to following seven boxes. certain entities, not Individuals; see CL C ❑ Individual/sole proprietor or ❑ C Corporation ❑✓ S Corporation ❑ Partnership ❑ Trust/estate instructions on page 3): 6 single -member LLC Exempt payee code (if any) ❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ► `o r Note: Check the appropriate box In the line above for the tax classification of the single -member owner. Do not check Exemption from FATCA reporting w LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC is Is disregarded from the for U.S. code (if any) CL another LLC that not owner federal tax purposes. Otherwise, a single -member LLC that g is disregarded from the owner should check the appropriate box for the tax classification of its owner. $ ❑ Other (see instructions) ► (App6'es to accounts m intoned outside the U.S.) CL 5 Address (number, street, and apt. or suite no.) See instructions. Requester's name and address (optional) 1390 EI Camino Real Floor 2 Town of Los Altos Hills 6 City, state, and ZIP code 23679 Fremont Road San Carlosr CA 94070 Los Altos Hills CA 94022 7 List account number(s) here (optional) ffO Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid Social security number backup withholding. For individuals, this is generally your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other - m - entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN, later. or Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter. F ­T__1 F—F—T--T—T— Under penalties of perjury, I certify that: 1. The number shown on this 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 subject to backup withholding as a result 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.S. person (defined below); and 4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct. Certification instructions. You must cross out item 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 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 an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later. Si ` gn Signa re of n Here I U.S.derson► Date ► t�6�3o �2ortl General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. Purpose of Form An individual or entity (Form W-9 requester) who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) which may be your social security number (SSN), individual taxpayer identification number (ITIN), adoption taxpayer identification number (ATIN), or employer identification number (EIN), to report on an information return the amount paid to you, or other amount reportable on an information return. Examples of information returns include, but are not limited to, the following. • Form 1099 -INT (interest earned or paid) • Form 1099 -DIV (dividends, including those from stocks or mutual funds) • Form 1099-MISC (various types of income, prizes, awards, or gross proceeds) • Form 1099-B (stock or mutual fund sales and certain other transactions by brokers) • Form 1099-S (proceeds from real estate transactions) • Form 1099-K (merchant card and third party network transactions) • Form 1098 (home mortgage interest), 1098-E (student loan interest), 1098-T (tuition) • Form 1099-C (canceled debt) • Form 1099-A (acquisition or abandonment of secured property) Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN. If you do not return Form W-9 to the requester with a TIN, you might be subject to backup withholding. See What is backup withholding, later. Cat. No. 10231X Form W -y (Rev. 10-2018) !IROMIG r- ENGINEERS June 7, 2021 Town of Los Altos Hills RE: PROPOSAL FOR GEOTECHNICAL 26379 Fremont Road SERVICES Los Altos Hills, California 94022 OFF-ROAD PATHWAY LA PALOMA ROAD — ROBLEDA ROAD LOS ALTOS HILLS, CALIFORNIA Attention: Sandra Meditch, Interim City Engineer Ladies and Gentlemen: We are pleased to present this proposal for geotechnical services for the off-road pathway between La Paloma Road and Robleda Road in Los Altos Hills, California. As a basis for this proposal, we reviewed the RFP and its contents, reviewed geologic and geotechnical information for the area available in our files, walked the length of the proposed path on June 4, 2021, and briefly discussed the proposed project with Mr. Steve Padovan of the City of Los Altos Hills. With the necessary resources, licensure, experience, close proximity, and most importantly, interest in the upcoming project, we are confident in our ability to provide quality work, develop practical cost effective and safe solutions to the Town and deliver responsive service throughout the life of the project. PROJECT DESCRIPTION The project consists of connecting the currently existing pathway which extends east of La Paloma Road to Robleda Road by creating a new pathway that will be about 4 feet wide and will be able to accommodate horse -back riding and pedestrians. The new path will generally extend parallel to and traverse (at two locations) a small creek that extends to below Robleda Road. Based on our site visit and the proposed plans and descriptions, we understand that the project will require grading (cuts and fills), retaining walls, and two pedestrian bridges, one near the end of the existing path and one near Robleda Road. The bridges will likely span about 5 to 15 feet based on the conceptual layout and the field conditions. We note that the majority of the proposed pathway will be constructed on gently to moderately sloping grades; however, the area within the eastern portion of the proposed pathway appeared to be very steep, nearing about 1:1 (horizontal:vertical) which extended down to the creek. 1390 EI Camino Real, Second Floor I San Carlos, CA 94070 1 (650) 591-5224 1 www.romigengineers.com Town of Los Altos Hills Equestrian and Pedestrian Trail Page 2 of 6 The purpose of this investigation is to evaluate foundation materials at the site and to provide design -level geotechnical recommendations to support the proposed off-road pathway. GEOLOGIC AND SEISMIC HAZARD CONDITIONS The State Seismic Hazard Zones Map of the Cupertino Quadrangle (2002) prepared by the California Geological Survey indicates that a portion of the proposed trail is located in an area that is potentially susceptible to "Earthquake -Induced Landslides." However, the site is located within a Standard Constraint "Zone A" on the Town of Los Altos Hills Geotechnical and Seismic Hazard Map and there are no landslides mapped in the area of the proposed pathway. In addition, during our brief walkthrough of the existing and proposed trail, we did not observe any obvious signs of slope instability, but did note some steep slopes/creek banks as mentioned previously. In our experience, projects within Standard Constraint Zone A (irrespective of the State Seismic Hazard Zone Map) a geologic study in addition to the geotechnical work is not typically warranted. For that reason, we have not included the time or cost for a geologic study as part of our current workscope. If the Town does require a geologic study, we have a certified engineering geologist on staff and would be able to add this work as requested. SCOPE OF WORK Based on the available information and understanding of the project, the scope of our work for this project will consist of the following. Initial Services • Review of geologic, geotechnical, and seismic conditions in the vicinity of the site. The 2019 California Building Code Site Class and spectral acceleration response parameters will be determined. Perform subsurface exploration consisting of drilling, sampling, and logging of eight to ten exploratory borings (two to three full days) along the alignment of the path to depths of 10 to 16 feet. Specifically, one boring will be located at each bridge abutment (four locations) and four to six borings will be advanced along the length of the pathway. Focus will be given to the steeper section in the east portion of the path. If sampler refusal conditions are encountered, the borings will be terminated at a shallower depth. • Laboratory testing of selected samples to aid in soil classification and to help evaluate the engineering properties of the soil and bedrock encountered at the site. • Geotechnical analysis and evaluation of the resulting field and laboratory test data to develop earthwork guidelines and foundation design criteria for the improvements. 10-m- ROMIG E N G I N E E R S Town of Los Altos Hills Equestrian and Pedestrian Trail Page 3 of 6 • Prepare a report presenting the results of the study. The report will summarize the field and laboratory test data and present our recommendations for the pathway and retaining wall foundation types, depth and allowable bearing pressures. Earthwork, lateral loads for retaining wall design, grading recommendations (finished slopes etc.) and general site drainage recommendations will also be provided. Optional Services Please note that we will not be responsible for damage to underground utilities at the site. Prior to drilling, we will contact Underground Service Alert to notify them of our intent to drill exploratory borings. It is our experience, however, that they generally have limited or no information regarding the locations of underground utilities on a privately owned site such as this. We request that you provide us with copies of any available plans that show the locations of existing underground utilities at the site prior to our subsurface exploration. If information or plans that show the exact locations of existing underground utilities cannot be provided, we recommend that you authorize us to subcontract with a private utility locator service to reduce the risk of damage to underground utilities that may be present on the property. Future Services We note that the RFP is concentrated on the geotechnical investigation and recommendations for design. However, we note our ability/commitment to support the project in future phases, such as plan review and construction observation, if/when that work is required. SCHEDULE We understand and agree to the project schedule as set forth in the RFP which allows six weeks from the notice to proceed (July 1, 202 1) to the deliverable due date (August 12, 2021). RELEVANT EXPERIENCE Our firm has performed over 250 geologic and geotechnical investigations in Los Altos Hills over the years, including residential investigations at 13303 Wildcrest Drive and 13040 South Alta in Los Altos Hills, which are located adjacent to the proposed project. Please see the attached Google Earth aerial photograph for our nearby projects. We have also performed similar rural/open space/trail type projects in the Bay Area for governmental organizations which are highlighted below. Midpeninsula Regional Open District: La Honda Barn Romig provided a geotechnical investigation on the team hired by the district to evaluate options regarding improving the Barn for future use. Semi -remote site west of Skyline Boulevard in San Mateo County. ROMIG ENGINEERS Town of Los Altos Hills Equestrian and Pedestrian Trail Page 4 of 6 Midpeninsula Regional Open District: Redwood Cabin Romig provided a geologic evaluation and a geotechnical investigation on the team hired by the district to evaluate options regarding improving the Redwood Cabin for future use. Remote site with steeply sloping terrain near a creek. Jasper Ridge Farm We provided continuous geotechnical consultation for improvements to Jasper Ridge Farms' horse barn, hay barn, riding stable, roadways, and restroom facilities. Our work included foundation design and review for each of the structures and provided continuous support and expertise to Mateo County on behalf of Jasper Ridge Farm. Highlands Recreation District, San Mateo We have performed on-going consultation and geotechnical services for the Highlands Recreation District in San Mateo since 2002. The Highlands Recreation District consists of a recreation center which sits on a 3.5 -acre site as well as the management of 42 acres of open space in unincorporated San Mateo County. Projects have ranged from geotechnical investigations relating to the renovation and construction of the main recreation center building, a new childcare center, landslide repair, to on-site walk-through evaluations of landslide and erosion concerns throughout their open space trails/areas to retaining walls and pavement areas throughout the facilities. Purissima Hills Water District: Los Altos Hills Romig has provided geotechnical services and constructed support on PURISSIMA HILLS several distribution expansion/update projects for the district over the past WATER DISTRICT 5 years. Palo Alto Public Works In addition to the Palo Alto Safety Building and Parking Garage, we have also performed geotechnical services for the City of Palo Alto Public ��CITY o F PALO ALTO Works for general improvements including restroom buildings at Cubberley Community Center, Briones Park and Seal Park in Palo Alto. FIRM AND STAFF QUALIFICATIONS Romig Engineers, Inc. is located in San Carlos and has provided geotechnical consulting services to public and private sector clients in northern California for 27 years (founded in 1994). The majority of our work and projects are located in the greater San Francisco Bay Area, where our principal engineers have gained all or most of their geotechnical experience. Our track record of providing reliable, high quality, client -oriented service at a fair price has resulted in continued financial stability of our company. ROMIG ENGINEERS Town of Los Altos Hills Equestrian and Pedestrian Trail Page 5 of 6 Our staff includes 2 licensed geotechnical engineers, 7 licensed civil engineers, 1 licensed professional geologist and 14 staff level engineers, geologists, and technicians. Romig Engineers is owned and operated as an S -Corporation. In general, Romig Engineers' organizational structure consists of the company President managing and coordinating several principals (licensed civil engineers and part owners of the company) that serve as project managers. Lucas Ottoboni, P.E., a principal of the firm, has been assigned to the project and will provide engineering/management/oversight throughout the project. KEY STAFF The staff members that will be assigned to this project are committed to adding value to the project, wherever possible. Lucas J. Ottoboni, P.E., will serve as the principal -in -charge of the project and will perform the engineering, project management and/or direct oversight and support of supporting staff. Mr. Ottoboni has over 8 years of geotechnical engineering experience in the Bay Area and has managed over 600 geotechnical investigations, including large commercial and residential developments as well as hands-on consultation of creek bank and landslide investigations. The projects Mr. Ottoboni has completed include an array of geotechnical and geological challenges, including liquefaction, settlement of soft clays, slope (in)stability, deep foundations, ground improvement, basement and shoring design, as well as tiebacks and soil nail anchors. FEES AND TERMS Our services will be provided in accordance with our schedule of terms, charges and conditions attached to this agreement. We propose to perform the work for the costs presented in Table 1 below. If you would like to make changes to this workscope or proposal, please contact us prior to our beginning work. Table 1. Costs for Geotechnical Services Project Coordination/Marking of Boring Locations $800 Exploratory Drilling (2-3 Days of Prevailing Wage Work) $11,250 Laboratory Testing $950 Geotechnical Evaluation & Report $2,850 Subtotal $15,850 Optional Services (Initial to Authorize) Initial Utility Locator Service $600 Future Services Post Report Consultation & Plan Review, if Required Cost to be Determined Construction Observation & Testing, if Required Cost to be Determined WARRANTY ROMIG E N G I N E E R S Town of Los Altos Hills Equestrian and Pedestrian Trail Page 6 of 6 We make no warranty, expressed or implied, regarding our services. Our services will be performed in accordance with the geotechnical engineering principles generally accepted at this time and location. AUTHORIZATION If the scope of services and cost described in this proposal are agreeable with you, please sign one copy of this letter and initial the bottom of the Terms and Conditions, and return all the pages to us. Thank you for requesting this proposal for geologic and geotechnical services for the Town's upcoming off-road pathway extension project. Please call if you have any questions or comments about site conditions or any aspect of this proposal and agreement. Very truly yours, ROMIG ENGINEERS, INC. a$ &- a G> Lucas J. Ottoboni, P.E. Senior Project Engineer/Principal Registered Civil Engineer No. 84234 LO:pf Copies: Addressee (via email) Attachments: Nearby Projects Charges, Terms and Conditions for Geotechnical Engineering Services Current Fee Schedule/Hourly Billing Rates AUTHORIZATION I have read and accept the attached terms, charges and conditions, including the Risk Allocation provisions. I� (Signature) (Print Name) DATE: TITLE: ROMIG ENGINEERS t r ♦' top res� ♦ ; 1 � r .► L,ma Rd t t • ,,fit t ..� t t Y. ♦ ♦ t �t Prosed Project