HomeMy WebLinkAboutRomig Engineers (2)AGREEMENT
THIS AGREEMENT is made and entered into on the al day of j w ju SY , 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
T itsofficers,- 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.
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
Town of Los Altos Hills Page 3 of 4
Short form
Updated 3116/21
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.
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: cza a dr � c�err,� 7/8/21
Signature Date
Lucas Ottoboni, Sr. Project Manager/Principal
Print name, Title
TOWN OF LOS ALTO HILL
By: _
Carl Cahill, City Man ger ate
Page 4 of 4
LIROMIG
T E N G 1 N E E R 5
June 7, 2021
Town of Los Altos Hills RE: PROPOSAL FOR GEOTECHNICAL
96370 Frgment Read SFRVIf ES
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.
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.
ITROMIG
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 forJasper Ridge Farm
each of the structures and provided continuous support and expertise to San
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
several distribution expansion/update projects for the district over the past HILLS
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 PALO ALTA
Works for general improvements including restroom buildings at 0
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
IROMIG
ENGINEERS
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,
RONUG ENGINEERS, INC.
r r�
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.
(Signature)
(Print Name)
DATE:
TITLE:
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ROMIG
ENGINEERS
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