HomeMy WebLinkAboutENGEO (7)AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
ENGEO
THIS AMENDMENT NO. 1 TO THE SERVICES AGREEMENT is made at Los Altos Hills,
California, as of E-> , 2024, by and between THE TOWN OF LOS ALTOS HILLS
("Town"), a munic al corporation, and ENGEO. ("Consultant"), (sometimes referred together as
the "Parties") who agree as follows:
RECITALS
A. On July 16, 2014, Town and Consultant entered that certain Services Agreement
("Agreement") whereby Consultant agreed to provide engineering design services to the Town
for the Matadero Creek Repair. A true and correct copy of the Agreement and its exhibits is
attached as Attachment A.
B. Town and Consultant now desire to amend the Agreement.
NOW, THEREFORE, for and in consideration of the promises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, Town and Consultant
hereby agree as follows:
1. All terms which are defined in the Agreement shall have the same meaning when used
in this Amendment, unless specifically provided herein to the contrary.
2. Extension of Contract Term. The Term of Services identified in Section 1.1
of the Agreement is hereby modified as follows: The Agreement shall be
terminated with the completion of SCOPE OF WORK of the original
Agreement and Amendment No. 1 for Task Items I and 2 described in
Attachment B or by December 31, 2026, whichever is sooner.
3. Compensation. The compensation specified in Section 2 of the Agreement
is hereby modified as follows: The original Agreement compensation sum
is $199,800. An additional amount of $100,700 is added to the project per
this Amendment No. 1. Town hereby agrees to pay Consultant a sum not to
exceed $300,500, notwithstanding any contrary indications that may be
contained in the original agreement and the Consultant's proposal dated July
9, 2024 (Attachment B) to be performed and reimbursed costs incurred
under this Agreement.
All other terms, conditions and provisions in the Agreement remain in full force and effect. If there
is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement
will control unless specifically modified by this Amendment.
[SIGNATURES ON THE FOLLOWING PAGE]
Dated: 0 S i 2 sa-+
TOOF L S LTOS H LS
By•7 .
Peter Pirnejad, City Manager
Attested:
By (VL�a-_RuApanin���
rika Birddsong-Mill ,
City Clerk
I� •
Bob Boeche, Principal
CONTRACTING SERVICES AGREEMENT BETWEEN
THE TOWN OF LOS ALTOS HILLS AND
ENGEO
THIS AGREEMENT for Contracting services is made by and between the Town of Los Altos Hills
("Town") and ENGEO ("Contractor") (together referred to as the "Parties") as of July 16 , 2014 (the
"Effective Date"),
Section 1, SERVICES, Subject to the terms and conditions set forth in this Agreement, Contractor
shall provide to Town the services described in the Scope of Work attached as Exhibit A , and incorporated
herein, at the time and place and in the manner specified therein. In the event of a conflict in or
inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail,
1,1 Term of Services_ TTe term of this Agreement shall begin on the Effective Date and shall
end on 1 , and Contractor shall complete the work described in Exhibit A
on or before that date, unless the term of the Agreement is otherwise terminated or
extended, as provided for in Section 8. The time provided to Contractor to complete the
services required by this Agreement shall not affect the Town's right to terminate the
Agreement, as referenced in Section 8.
1.2 Standard of Performance. Contractor shall perform all services required pursuant to this
Agreement according to the standards observed by a competent practitioner of the
profession in which Contractor is engaged.
1.3 Assignment of Personnel. Contractor shall assign only competent personnel to perform
services pursuant to this Agreement. In the event that Town, in its sole discretion, at any
time during the term of this Agreement, desires the reassignment of any such persons,
Contractor shall, immediately upon receiving notice from Town of such desire of Town,
reassign such person or persons.
1.4 Time. Contractor shall devote such time to the performance of services pursuant to this
Agreement as may be reasonably necessary to meet the standard of performance
provided in Section 1.1 above and to satisfy Contractor's obligations hereunder.
1.5 Public Works Requirements, The services described in Exhibit A constitute a public
works within the definition of Section 1720(a)(1) of the California Labor Code. As a result,
Contractor is required to comply with the provisions of the Labor Code applicable to public
works, to the extent set forth in Exhibit C. Contractor shall waive, indemnify, hold
harmless, and defend Town conceming any liability arising out of Labor Code Section
1720 et seq.
Section 2. COMPENSATION, Town hereby agrees to pay Contractor a sum not to exceed
$199,800.00, notwithstanding any contrary indications that may be contained in Contractor's proposal, for
services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict
between this Agreement and Contractor's proposal, attached as Exhibit A, regarding the amount of
compensation, the Agreement shall prevail. Town shall pay Contractor for services rendered pursuant to
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this Agreement at the time and in the manner set forth herein. The payments specified below shall be the
only payments from Town to Contractor for services rendered pursuant to this Agreement. Contractor shall
submit all invoices to Town in the manner specified herein. Except as specifically authorized by Town in
writing, Contractor shall not bill Town for duplicate services performed by more than one person.
Contractor and Town acknowledge and agree that compensation paid by Town to Contractor under this
Agreement is based upon Contractor's estimated costs of providing the services required hereunder,
including salaries and benefits of employees and subcontractors of Contractor. Consequently, the parties
further agree that compensation hereunder is intended to include the costs of contributions to any pensions
and/or annuities to which Contractor and.its employees, agents, and subcontractors may be eligible. Town
therefore has no responsibility for such contributions beyond compensation required under this Agreement.
2.1 Invoices. Contractor shall submit invoices, not more often than once a month during the
term of this Agreement, based on the cost for services performed and reimbursable costs
incurred prior to the invoice date, Invoices shall contain the following information:
■ Serial identifications of progress bills; i.e., Progress Sill No, 1 for the first invoice,
etc.;
■ The beginning and ending dates of the billing period;
■ A Task Summary containing the original contract amount, the amount of prior
billings, the total due this period, the balance available under the Agreement, and
the percentage of completion;
■ At Town's option, for each work item in each task, a copy of the applicable time
entries or time sheets shall be submitted showing the name of the person doing
the work, the hours spent by each person, a brief description of the work, and
each reimbursable expense;
■ The total number of hours of work performed under the Agreement by Contractor
and each employee, agent, and subcontractor of Contractor performing services
hereunder as well as a separate notice when the total number of hours of work by
Consultant and any individual employee, agent, or subcontractor of Consultant
reaches or exceeds eight hundred (600) hours, which shall include an estimate of
the time necessary to complete the work described in Exhibit A;
■ The amount and purpose of actual expenditures for which reimbursement is
sought;
■ The Contractor's signature;
2.2 Monthly Payment. Town shall make monthly payments, based on invoices received, for
services satisfactorily performed, and for authorized reimbursable costs incurred. Town
shall have 30 days from the receipt of an invoice that complies with all of the requirements
above to pay Contractor.
23 Final. Payment. Town shall pay the last 10% of the total sum due pursuant to this
Agreement within 60 days after completion of the services and submittal to Town of a final
invoice, if all services required have been satisfactorily performed.
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2.4 Total Payment. Town shall pay for the services to be rendered by Contractor pursuant to
this Agreement. Town shall not pay any additional sum for any expense or cost
whatsoever incurred by Contractor in rendering services pursuant to this Agreement.
Town shall make no payment for any extra, further, or additional service pursuant to this
Agreement.
In no event shall Contractor submit any invoice for an amount in excess of the maximum
amount of compensation provided above either for a task or for the entire Agreement,
unless the Agreement is modified prior to the submission of such an invoice by a properly
executed change order or amendment.
2.5 Hourly Fees. Fees for work performed by Contractor on an hourly basis shall not exceed
the amounts shown on the compensation schedule attached hereto as Exhibit B.
2.6 Reimbursable Expenses. Reimbursable expenses are specified below, and shall not
exceed $0.00, Expenses not listed below are not chargeable to Town. Reimbursable
expenses are included in the total amount of compensation provided under this Agreement
that shall not be exceeded.
2.7 Payment of Takes. Contractor is solely responsible for the payment of employment taxes
Incurred under this Agreement and any similar federal or state taxes. Contractor
represents and warrants that Contractor is a resident of the State of California in
accordance with California Revenue & Taxation Code Section 18662, as may be
amended, and is exempt from withholding. Contractor accepts sole responsible for
verifying the residency status of any subcontractors and withhold taxes from non -California
subcontractors as required by law.
2,8 Payment upon Termination. In the event that the Town or Contractor terminates this
Agreement pursuant to Section 8, the Town shall compensate the Contractor for all
outstanding costs and reimbursable expenses incurred for work satisfactorily completed as
of the date of written notice of termination. Contractor shall maintain adequate logs and
timesheets to verify costs incurred to that date.
2.9 Authorization to Perform Services, The Contractor is not authorized to perform any
services or incur any costs whatsoever under the terms of this Agreement until receipt of
authorization from the Contract Administrator.
Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Contractor shall, at its sole
cost and expense, provide all facilities and equipment that may be necessary to perform the services
required by this Agreement,
Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement,
Contractor, at its own cost and expense, unless otherwise specified below, shall procure the types and
amounts of insurance listed below against claims for injuries to persons or damages to property that may
arise from or in connection with the performance of the work hereunder by the Contractor and its agents,
representatives, employees, and subcontractors. Consistent with the following provisions, Contractor shall
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provide proof satisfactory to Town of such insurance that meets the requirements of this section and under
forms of insurance satisfactory in all respects, and that such insurance is in effect prior to beginning work to
the Town. Contractor shall maintain the insurance policies required by this section throughout the term of
this Agreement. The cost of such insurance shall be included in the Contractor's bid. Contractor shall not
allow any subcontractor to commence work on any subcontract until Contractor has obtained all insurance
required herein for the subcontractor(s) and provided evidence that such insurance is in effect to Town.
Verification of the required insurance shall be submitted and made part of this Agreement prior to
execution. Contractor shall maintain all required Insurance listed herein for the duration of this Agreement.
4.1 Workers' Compensation. Contractor shall, at its sole cost and expense, maintain
Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any
and all persons employed directly or indirectly by Contractor. The Statutory Workers'
Compensation Insurance and Employer's Liability Insurance shall be provided with limits of
not less than $1,000,040.00 per accident. In the alternative, Contractor may rely on a self-
insurance program to meet those requirements, but only if the program of self-insurance
complies fully with the provisions of the California labor Code. Determination of whether a
self-insurance program meets the standards of the Labor Code shall be solely in the
discretion of the Contract Administrator. The insurer, if insurance is provided, or the
Contractor, if a program of self-insurance is provided, shall waive all rights of subrogation
against the Town and its officers, officials, employees, and volunteers for loss arising from
work performed under this Agreement.
4.2 Commerclal General and Automobile Liablilly Insurance.
4,2.1 General requirements. Contractor, at its own cost and expense, shall maintain
commercial general and automobile liability insurance for the term of this
Agreement in an amount not less than $1,000,000.04 per occurrence, combined
single Ilmlt coverage for risks associated with the work contemplated by this
Agreement, If a Commercial General liability Insurance or an Automobile Liability
form or other form with a general aggregate limit is used, either the general
aggregate limit shall apply separately to the work to be performed under this
Agreement or the general aggregate limit shall be at least twice the required
occurrence limit. Such coverage shall include but shall not be limited to, protection
against claims arising from bodily and personal injury, including death resulting
therefrom, and damage to property resulting from activities contemplated under
this Agreement, including the use of owned and non -owned automobiles.
4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as
broad as Insurance Services Office Commercial General Liability occurrence form
CG 0001 (most recent edition) covering comprehensive General Liability on an
"occurrence' basis. Automobile coverage shall be at least as broad as Insurance
Services Office Automobile Liability form CA 0001 (most recent edition), Code 1
(any auto). No endorsement shall be attached limiting the coverage.
4.2.3 Additional _requirements. Each of the following shall be included in the
insurance coverage or added as a certified endorsement to the policy:
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a. The Insurance shall cover on an occurrence or an occurrence basis, and
not on a claims -made basis.
b. Town, its officers, officials, employees, and volunteers are to be covered
as insureds as respects; liability arising out of work or operations
performed by or on behalf of the Contractor; or automobiles owned,
leased, hired, or borrowed by the Contractor.
c. For any claims related to this Agreement or the work hereunder, the
Contractor's insurance covered shall be primary insurance as respects the
Town, its officers, officials, employees, and volunteers. Any insurance or
self-insurance maintained by the Town, its officers, officials, employees, or
volunteers shall be excess of the Contractor's insurance and shall not
contribute with it.
Each insurance policy required by this clause shall be endorsed to state
that coverage shall not be canceled by either party, except after 30 days'
prior written notice has been provided to the Town.
4.3 Professional Liability Insurance,
4.3.1 General requirements. Contractor, at its own cost and expense, shall maintain
for the period covered by this Agreement professional liability insurance for
licensed professionals performing work pursuant to this Agreement in an amount
not less than $4,000,000.00 covering the licensed professionals' errors and
omissions. Any deductible or self-insured retention shall not exceed $150,000.00
per claim.
4.3.2 Claims -made limitations. The following provisions shall apply if the professional
liability coverage is written on a claims -made form:
a. The retroactive date of the policy must be shown and must be before the
date of the Agreement.
b. Insurance must be maintained and evidence of insurance must be
provided for at least five years after completion of the Agreement or the
work, so long as commercially available at reasonable rates.
C. If coverage is canceled or not renewed and it is not replaced with another
claims -made policy form with a retroactive date that precedes the date of
this Agreement, Contractor must purchase an extended period coverage
for a minimum of five years after completion of work under this
Agreement.
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d, A copy of the claim reporting requirements must be submitted to the Town
for review prior to the commencement of any work under this Agreement.
4.4 All Policies Requirements.
4A.1 Acceptability of insurers. All insurance required by this section is to be placed
with insurers with a Bests' rating of no less than A:VI1.
4.4.2 Verification of coverage. Prior to beginning any work under this Agreement,
Contractor shall furnish Town with complete copies of all policies delivered to
Contractor by the insurer, including complete copies of all endorsements attached
to those policies. All copies of policies and endorsements shall show the signature
of a person authorized by that insurer to bind coverage on its behalf. If the Town
does not receive the required insurance documents prior to the Contractor
beginning work, it shall not waive the Contractor's obligation to provide them. The
Town reserves the right to require complete copies of all required insurance
policies at any time.
4.4.3 Deductibles and Self-insured Retentions. Contractor shall disclose to and
obtain the written approval of Town for the self-insured retentions and deductibles
before beginning any of the services or work called for by any term of this
Agreement. At the option of the Town, either. the insurer shall reduce or eliminate
such deductibles or self-insured retentions as respects the Town, its officers,
employees, and volunteers, or the Contractor shall provide a financial guarantee
satisfactory to the Town guaranteeing payment of losses and related
investigations, claim administration and defense expenses. Further, if any
insurance policy includes a self-insured retention that must be paid by a named
insured as a precondition of the insurer's liability, or which has the effect of
providing that payments of the self-insured retention by others, including additional
insureds or insurers do not serve to satisfy the self-insured retention, such
provisions must be modified by special endorsement so as to not apply to the
additional insured coverage required by this agreement so as to not prevent any of
the parties to this agreement from satisfying or paying the self -Insured retention
required to be paid as a precondition to the Insurer's liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any
self-insured retention and also must disclose the deductible.
4.4.4 Wasting Policies, No policy required by this Section 4 shall include a "wasting"
policy limit (i.e, limit that is eroded by the cost of defense).
4.4.5 Waiver of Subrogation. Contractor hereby agrees to waive subrogation which
any insurer or contractor may require from vendor by virtue of the payment of any
loss. Contractor agrees to obtain any endorsements that may be necessary to
affect this waiver of subrogation.
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The Workers' Compensation policy shall be endorsed with a waiver of subrogation
in favor of the entity for all work performed by the Contractor, its employees,
agents, and subcontractors.
4.4.6 Subcontractors. Contractor shall include all subcontractors as insureds under its
policies or shall fumish separate certificates and endorsements for each
subcontractor. All coverages for subcontractors shall be subject to all of the
requirements stated herein.
4.5 Remedies. in addition to any other remedies Town may have if Contractor fails to provide
or maintain any insurance policies or policy endorsements to the extent and within the time
herein required, Town may, at its sole option exercise any of the following remedies, which
are altematives to other remedies Town may have and are not the exclusive remedy for
Contractor's breach:
• Obtain such insurance and deduct and retain the amount of the premiums for such
insurance from any sums due under the Agreement;
• Order Contractor to stop work under this Agreement or withhold any payment that
becomes due to Contractor hereunder, or both stop work and withhold any payment,
until Contractor demonstrates compliance with the requirements hereof; and/or
■ Terminate this Agreement.
Section 5. INDEMNIFICATION AND CONTRACTOR'S RESPONSIBILITIES.
Contractor shall indemnify, defend with counsel acceptable to Town, and hold harmless Town and its
officers, officials, employees, agents and volunteers from and against any and all liability, loss, damage,
claims, expenses, and costs (including without limitation, attorney's fees and costs and fees of litigation)
(collectively, "Liability") of every nature arising out of or in connection with Contractor's negligent
performance of the Services or its failure to comply with any of its obligations contained in this Agreement,
except such Liability caused by the sole negligence or willful misconduct of Town.
Contractor's aggregate liability hereunder shall be limited by Town to $4,000,000.00 regardless of the legal
theory under which such liability is imposed,
The Contractor's obligation to defend and indemnify shall not be excused because of the Contractor's
inability to evaluate Liability or because the Contractor evaluates Liability and determines that the
Contractor is not liable to the claimant. The Contractor must respond within 30 days, to the tender of any
claim for defense and indemnity by the Town, unless this time has been extended by the Town. If the
Contractor fails to accept or reject a tender of defense and indemnity within 30 days, in addition to any
other remedy authorized by law, so much of the money due the Contractor under and by virtue of this
Agreement as shall reasonably be considered necessary by the Town, may be retained by the Town until
disposition has been made of the ciaim or suit for damages, or until the Contractor accepts or rejects the
tender of defense, whichever occurs first.
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With respect to third party claims against the Contractor, the Contractor waives any and all rights of any
type to express or implied indemnity against the Indemnitees.
Notwithstanding the forgoing, to the extent this Agreement is a "construction contract as defined by
California Civil Code Section 2782, as may be amended from time to time, such duties of Contractor to
indemnify shall not apply when to do so would be prohibited by California Civil Code Section 2782,
In the event that Contractor or any employee, agent, or subcontractor of Contractor providing services
under this Agreement is determined by a court of competent jurisdiction or the California Public Employees
Retirement System (PERS) to be eligible for enrollment in PERS as an employee of Town, Contractor shall
indemnify, defend, and hold harmless Town for the payment of any employee and/or employer
contributions for PERS benefits on behalf of Contractor or its employees, agents, or subcontractors, as well
as for the payment of any penalties and interest on such contributions, which would otherwise be the
responsibility of Town.
Section 6. STATUS OF CONTRACTOR.
6.1 Independent Contractor. At all times during the term of this Agreement, Contractor shall
be an independent contractor and shall not be an employee of Town. Town shall have the
right to control Contractor only insofar as the results of Contractor's services rendered
pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3;
however, otherwise Town shall not have the right to control the means by which Contractor
accomplishes services rendered pursuant to this Agreement. Notwithstanding any other
Town, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Contractor
and any of its employees, agents, and subcontractors providing services under this
Agreement shall not qualify for or beoome entitled to, and hereby agree to waive any and
all claims to, any compensation, benefit, or any incident of employment by Town, including
but not limited to eligibility to enroll in the California Public Employees Retirement System
(PERS) as an employee of Town and entitlement to any contribution to be paid by Town
for employer contributions and/or employee contributions for PERS benefits.
6.2 Contractor Not an Agent; Except as Town may specify in writing, Contractor shall have
no authority, express or implied, to act on behalf of Town in any capacity whatsoever as an
agent. Contractor shall have no authority, express or implied, pursuant to this Agreement
to bind Town to any obligation whatsoever.
Section 7. LEGAL REQUIREMENTS.
7.1 Goveminq Law. The laws of the State of California shall govern this Agreement.
7.2 Compliance with Agolieable Laws. Contractor and any subcontractors shall comply with
all laws applicable to the performance of the work hereunder.
7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by
fiscal assistance from another governmental entity, Contractor and any subcontractors
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shall comply with all applicable rules and regulations to which Town is bound by the terms
of such fiscal assistance program.
7.4 Licenses and Permits, Contractor represents and warrants to Town that Contractor and
its employees, agents, and any subcontractors have all licenses, permits, qualifications,
and approvals of whatsoever nature that are legally required to practice their respective
professions, Contractor represents to Town that Contractor and its employees, agents,
any subcontractors shall, at their sole cost and expense, keep in effect at all times during
the term of this Agreement any licenses, permits, and approvals that are legally required to
practice their respective professions. In addition to the foregoing, Contractor and any
subcontractors shall obtain and maintain during the term of this Agreement valid Business
Licenses from Town.
7.5 Nondiscrimination and Equal Opportunity. Contractor shall not discriminate, on the
basis of a person's race, religion, color, national origin, age, physical or mental handicap or
disabliity, medical condition, marital status, sex, or sexual orientation, against any
employee, applicant for employment, subcontractor, bidder for a subcontract, or participant
in, recipient of, or applicant for any services or programs provided by Contractor under this
Agreement. Contractor shall comply with all applicable federal, state, and local laws,
policies, rules, and requirements related to equal opportunity and nondiscrimination in
employment, contracting, and the provision of any services that are the subject of this
Agreement, including but not limited to the satisfaction of any positive obligations required
of Contractor thereby,
Contractor shall include the provisions of this Subsection in any subcontract approved by
the Contract Administrator or this Agreement,
Section 8. TERMINATION AND MODIFICATION,
8.1 Termination, Town may cancel this Agreement at any time and without cause upon
written notification to Contractor,
Contractor may cancel this Agreement upon 30 days' written notice to Town and shall
include In such notice the reasons for cancellation.
In the event of termination, Contractor shall be entitled to compensation for services
performed to the effective date of termination; Town, however, may condition payment of
such compensation upon Contractor delivering to Town any or all documents,
photographs, computer software, video and audio tapes, and other materials provided to
Contractor or prepared by or for Contractor or the Town in connection with this Agreement,
8.2 Extension, Town may, in its sole and exclusive discretion, extend the end date of this
Agreement beyond that provided for in Subsection 1.1, Any such extension shall require a
written amendment to this Agreement, as provided for herein. Contractor understands and
agrees that, if Town grants such an extension, Town shall have no obligation to provide
Contractor with compensation beyond the maximum amount provided for in this
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Agreement. Similarly, unless authorized by the Contract Administrator, Town shall have
no obligation to reimburse Contractor for any otherwise reimbursable expenses incurred
during the extension period.
8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the
parties.
8.4 Assignment and Subcontractinc. Town and Contractor recognize and agree that this
Agreement contemplates personal performance by Contractor and is based upon a
determination of Contractor's unique personal competence, experience, and specialized
personal knowledge. Moreover, a substantial inducement to Town for entering into this
Agreement was and is the professional reputation and competence of Contractor.
Contractor may not assign this Agreement or any interest therein without the prior written
approval of the Contract Administrator. Contractor shall not subcontract any portion of the
performance contemplated and provided for herein, other than to the subcontractors noted
in the proposal, without prior written approval of the Contract Administrator,
8.5 Survival. All obligations arising prior to the termination of this Agreement and all
provisions of this Agreement allocating liability between Town and Contractor shall survive
the termination of this Agreement.
8.6 Options upon Breach by Contractor. If Contractor materially breaches any of the terms
of this Agreement, Town's remedies shall included, but not be limited to, the following;
8.6.1 immediately terminate the Agreement;
8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any
other work product prepared by Contractor pursuant to this Agreement;
8.6.3 Retain a different Contractor to complete the work described in Exhibit A not
finished by Contractor; or
8.6.4 Charge Contractor the difference between the cost to complete the work described
in Exhibit A that is unfinished at the time of breach and the amount that Town
would have paid Contractor pursuant to Section 2 if Contractor had completed the
work.
Section 9. KEEPING AND STATUS OF RECORDS.
9.1 Records Created as Part of Contractor's Performance. All reports, data, maps,
models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications,
records, files, or any other documents or materials, in electronic or any other form, that
Contractor prepares or obtains 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 upon termination of the Agreement. It is understood and
agreed that the documents and other materials, including but not limited to those described
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above, prepared pursuant to this Agreement are prepared specifically for the Town and are
not necessarily suitable for any future or other use. Town and Contractor agree that, until
final approval by Town, all data, plans, specifications, reports and other documents are
confidential and will not be released to third parties without prior written consent of both
parties,
9,2 Contractor's gooks and Records. Contractor shall maintain any and all ledgers, books
of account, invoices, vouchers, canceled checks, and other records or documents
evidencing or relating to charges for services or expenditures and disbursements charged
to the Town under this Agreement for a minimum of 3 years, or for any longer period
required by law, from the date of final payment to the Contractor to this Agreement. .
93 Inspection and Audit of Records. Any records or documents that Section 9.2 of this
Agreement requires Contractor to maintain shall be made available for inspection, audit,
and/or copying at any time during regular business hours, upon oral or written request of
the Town. Under California Government Code Section 8546.7, if the amount of public
funds expended under this Agreement exceeds $10,000.00, the Agreement shall be
subject to the examination and audit of the State Auditor, at the request of Town or as part
of any audit of the Town, for a period of 3 years after final payment under the Agreement.
Section 10 MISCELLANEOUS PROVISIONS.
10.1 Attorneys' Fees. If a party to this Agreement brings any action, including an action for
declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing
party shall be entitled to reasonable attorneys' fees in addition to any other relief to which
that party may be entitled. The court may set such fees in the same action or in a
separate action brought for that purpose.
10.2 Venue. In the event that either party brings any action against the other under this
Agreement, the parties agree that trial of such action shall be vested exclusively in the
state courts of California in the County of Santa Clara or in the United States District Court
for the Northern District of California.
10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this
Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so
adjudged shall remain in full force and effect, The invalidity in whole or in part of any
provision of this Agreement shall not void or affect the validity of any other provision of this
Agreement.
10,4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this
Agreement does not constitute a waiver of any other breach of that term or any other term
of this Agreement.
10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of
and shall apply to and bind the successors and assigns of the parties.
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO Page 11 of 14
10.6 Use of Recycled Products. Contractor shall prepare and submit all reports, written
studies and other printed material on recycled paper to the extent it is available at equal or
less cost than virgin paper.
10.7 Conflict of Interest. Contractor may serve other clients, but none whose activities within
the corporate limits of Town or whose business, regardless of location, would place
Contractor in a "conflict of interest," as that term is defined in the Political Reform Act,
codified at California Govemment Code Section 81000 et seq.
Contractor shall not employ any Town official in the work performed pursuant to this
Agreement. No officer or employee of Town shall have any financial interest in this
Agreement that would violate California Government Code Sections 1090 et seq.
Contractor hereby represents that it is not now, nor has it been in the previous 12 months,
an employee, agent, appointee, or official of the Town. If Contractor was an employee,
agent, appointee, or official of the Town in the previous twelve months, Contractor
represents that it did not participate in any manner in the forming of this Agreement.
Contractor understands that, if this Agreement is made in violation of Government Code §
1090 of seq., the entire Agreement is void and Contractor will not be entitled to any
compensation for services performed pursuant to this Agreement, including reimbursement
of expenses, and Contractor will be required to reimburse the Town for any sums paid to
the Contractor, Contractor understands that, in addition to the foregoing, it may be subject
to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will
be disqualified from holding public office in the State of California.
10.8 Solicitation. Contractor agrees not to solicit business at any meeting, focus group, or
interview related to this Agreement, either orally or through any written materials.
10.9 Contract Administration. This Agreement shall be administered by Richard Chiu Jr.
("Contract Administrator"). All correspondence shall be directed to or through the Contract
Administrator or his or her designee.
10.10 Notices. Any written notice to Contractor shall be sent to.
Jonathan Buck
ENGEO
2410 Crow Canyon Place, Suite 254
San Ramon, CA 94583
Any written notice to Town shall be sent to;
Richard Chiu Jr.
Public Works Department
26379 Fremont Road
Los Altos Hills, CA 94022
10.11 Professional Seal. Where applicable in the determination of the contract administrator,
the first page of a technical report, first page of design specifications, and each page of
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO Page 12 of 14
400
The Parties have executed this Agreement as of the Effective pate.
TOWN OF LOS ALTOS HILLS
(i � r�. 9 A. 00
Carl Cahill, City Manager
Attest:
ffeborah Padovan, Town Clerk
Approved as to Form:
Steven Ta Mattas, Town Attorney
1070873.1
CONTRACTOR
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO Page 14 of 14
construction drawings shall be stamped/sealed and signed by the licensed professional
responsible for the report/design preparation. The stamp/seal shall be in a block entitled
"Seal and Signature of Registered Professional with report/design responsibility," as in the
following example.
Seal and Signature of Registered Professional with
report/design responsibility.
10.12 Integration. This Agreement, including the scope of work attached hereto and
incorporated herein as Exhibits A. B, and C represents the entire and integrated
agreement between Town and Contractor and supersedes all prior negotiations,
representations, or agreements, either written or oral.
Exhibit A
Scope of Services
Exhibit B
Payment Schedule
Exhibit C
Public Works Requirements
10.13 Counterparts; This Agreement may be executed in multiple counterparts, each of which
shall be an original and all of which together shall constitute one agreement.
[SIGNATURES ON FOLLOWING PAGE]
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO Page 13 of 14
•
RESOLUTION 18-14
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF
LOS ALTOS HILLS AWARDING A CONTRACT TO PROVIDE DESIGN,
BIDDING AND CONSTRUCTION SUPPORT SERVICES FOR THE
MATADERO CREEK REPAIR PROJECT
WHEREAS, the City Engineer of the Town of Los Altos Hills did, duly examine and consider
the proposals submitted for providing design, bidding and construction support services for the
Matadero Creek Repair Project in Los Altos Hills, California; and
WHEREAS, the City Engineer recommends that the contract for said project be awarded to
ENGEO in an amount not to exceed $195,800; and
WHEREAS, the Public Works Director recommends the allocation of $19,000 for project
contingency;
NOW, THEREFORE; BE IT RESOLVED by the City Council of the Town of Los Altos Hills
that:
1. The City Manager is hereby authorized and directed to execute a contract to the above-
named firm on behalf of the Town of Los Altos Hills.
2. The Public Works Director is hereby authorized to approve potential contract change
orders in an amount not to exceed $19,000.
The above and foregoing resolution was passed and adopted by the City Council of the Town of
Los Altos Hills at a regular meeting held on the 15th day of May, 2014 by the following vote:
AYES: Radford, Corrigan, Harpootlian, Larsen, Waldeck
NOES: None
ABSTAIN: None
ABSENT: None
BY:
John Radford, Mayor
ATTEST:
Deborah Padovan, City Clerk
Resolution 18-14 Page 1
rw
EXHIBIT A
SCOPE OF SERVICES
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO Page 1 of 9
Exhibit A
Proposal for Professional Services
Matadero Greek Bank Repair
WRA is experienced in the application of federal and state wetland and endangered species
regulations and trained in the habitat evaluation methods and survey protocols used by resource
agencies. WRA routinely conducts a broad range of plant and wildlife habitat evaluations,
habitat/species monitoring and wetland and riparian studies. The firm provides complete services
in the evaluation, planning, implementation, and monitoring of wetland and endangered species
habitat restoration and mitigation projects.
WRA has successfully completed dozens of similar creek restoration projects over the years.
WRA works of the front end of the project by identifying the environmental constraints in the
project area for which permits will he necessary and that ultimately shape the project design,
WRA then works with engineers and fluvial geomorphologists in developing a biologically
suitable restoration design that reduces environmental impacts while restoring the functions and
values of the natural system. WRA's landscape architects work with our biologists in preparing
planting and irrigation drawings that are designed to be successful while integrating with the
natural surroundings. Our intimate knowledge of agency requirements and familiarity with their
staff help streamline the regulatory permitting process saving on time and money. WRA's
experienced wildlife biologists hold the necessary permits to assist with construction monitoring
when sensitive wildlife species are of concern.
Note that with the exception of land surveying (which is optional), ENGEO and WRA will cover
all tasks listed in this proposal which leads to a more streamlined communication process in the
complex permitting, design, construction and post -construction phases of the project.
4. SCOPE OF SERVICES
We have prepared this scope -of -work for the proposed Matadero Creek Repair and Enhancement
Project based on our understanding of project as described by our discussions with you and the
recommendations prepared by WRECO dated June 4, 2013. We would appreciate the
opportunity to revisit this proposal after discussions with you for applicability of any items
included in this scope of work. We have listed several items as optional depending on whether
the goals of the project can be met based on provision of the service.
We have included in our proposal what we consider to be the most likely alternative to be
permitted based on our experience working with the United States Army Corps Engineers
(USACE) and the Regional Water Quality Control Board (RWQCB) when considering the Least
Environmentally Damaging Practicable Alterative (LEDPA) criteria used by these agencies in
consideration of project applications. However, based on our review of the WRECO document,
other alternatives that may be Less expensive may also be presented to these agencies at the time
of consultation, If any of these less expensive alternatives are considered to meet the LEDPA
criteria, this proposal could be revised. Based on our review of the WRECO document, the most
likely alternative to meet the LEDPA requirement that appears to be feasible from an engineering
perspective is the soldier pile and lagging alternative with buried rock toe protection and
including additional biotechnical measures at the toe of slope as depicted below.
March 21, 2014 - 4 - ENGEO
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Proposal for Professional Services
Matedero Creek Bank Repair
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For purposes of this proposal, we also assume a full NEPAICEQA permitting sequence,
However, NEPA may not be required, depending on which funding source is selected for the
project.
Task 1: Review of Existing Documents and Coordinate Meetings with USACE
ENGEO and WRA expect to spend a modest amount of time reviewing the existing documents
for the project, including technical studies and conceptual plans, as well as, any other relevant
information needed to perform the tasks described below. We also expect to attend several
coordination meetings during the course of the project. We recommend the project attend a pre -
project kickoff coordination meeting at the United States Army Corps of Engineers (TJSACE)
Office in San Francisco which is open to new projects to discuss with that agency as well as the
United States Fish and Wildlife Service (USFWS) and the California Department of Fish and
Wildlife (CDFW). These meetings occur on a monthly basin and are recommended to discuss
any concerns from resource agency officials before CEQA/NEPA processes commence.
Task 2: Baseline Topographic Survey (optional)
We can provide a baseline topographic survey of the reaches of creek where improvements are
proposed if this information has not already been obtained by Ruggeri -Jensen -Azar (RJA) as
described in the WRECO document. This work may be delegated outside of ENGEO depending
on the complexity required to tie into existing survey documentation or we may work with RJA
to update the topo based on a final design, which would be the most economical approach.
Task 3: NEPA Categorical Exclusion with Technical Studies/Memorandums (optional)
The project will be subject to NEPA if any federal funding is used to implement the proposed
creek improvements. The following optional scope of work is proposed pursuant to Caltrans
Local Assistance Procedures Manual. If a different federal funding source is used the level of
NEPA analysis may change as well. If that is the case, we will subunit a revised scope of work
for those tasks.
March 21, 2014 - 5 - ENGEO
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Proposal for Professional Services
Matadero Creek Bank Repair
Task 3a — Caltrans Field Review and Preliminary Environmental Study (PES) Form
WRA will assist the Town in the preparation a PES form for the project. The purpose of the PES
form is to establish the level of environmental review and technical documentation required for
federally -funded projects overseen by Caltrans. For the preparation of a PES form, basic
information about the project is reviewed such as location, extent of the proposed work area,
nature of construction, and documented occurrences of sensitive environmental resources, Final
determination of the necessary NEPA environmental document and technical studies will be
made upon the completion of the PES form and signatures by Caltrans. WRA will attend one
Field Review meeting with Caltrans and the Town and other key personnel.
Task 3b -- NEPA Documents (CatEx and Technical Reports/Memorandums)
Caltrans Local Assistance Procedures Manual (LAPM) lists the types of projects that require a
Categorical Exclusion with technical studies under 23 CPR 771 (c), 23 CFR 771 (d), and
Appendix A of the Section 6004 MOU. These types of projects include but are not limited to:
bridge rehabilitation, reconstruction or replacement; bicycle and pedestrian lanes, paths and
facilities; emergency repairs; and replacement, modification, or repair of culverts or other
drainage facilities, The following sample scope of services is based on the assumption that this
NEPA level of environmental review would be required by Caltrans.
NEPA Categorical Exclusion
NEPA defines 40 CFR 1508.4 - Categorical Exclusion as "a category of [federal] actions that
does not individually or cumulatively have a significant effect on the human environment for
which neither an environmental assessment nor an environmental impact statement is required."
WRA staff will prepare a Categorical Exclusion for the project in conformance with Section 6.6
of the LAPM. As a part of the process, WRA wit] assist in the preparation of the required
Categorical Exclusion technical reports and memorandums in accordance with the format and
content requirements outlined in Caltrans' Standard Environmental Reference (SER). The level
of detail and types of technical reports or memos (or a "discussion in the Environmental
Document only") will ultimately depend on the project description and location, subject to a final
determination by Caltrans.
WRA will coordinate with the Town and Caltrans to complete the Categorical Exclusion process
as detailed in the LAPM. Following the internal review of the technical reports and memos, the
process includes the following steps:
• Forward technical reports to Caltrans District Local Assistance Engineer (DLAE).
• Caltrans reviews technical reports and provides comments if necessary.
o if District technical speci4lists determine that any of the technical reports are not
complete, they will document any comments in writing and submit them to the District
Senior Environmental Planner (SEP) (or designee). When District technical specialists
determine that the technical reports are complete and ready for resource/regulatory
review (if applicable), they will inform the District SEP.
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Proposal for Professional Services
Matedero Creek Bank Repair
o District SEP then prepares a transmittal letter, email, or documentation of telephone
conversation or meeting (if applicable) with Local Assistance summarizing all comments
received from District technical specialists and provides a copy to the DLAE.
• When all technical reports and memos are determined to be complete and sufficient, District
SEP then initiates informal/formal consultation with appropriate resource and regulatory
agencies.
■ When resource and regulatory agency action is complete, WRA will prepare the NEPA
Categorical Exclusion form and provide to Caltrans District SEP for signature and to
determine whether conclusions of the technical studies and the results of consultation
indicate that the action qualifies for the Categorical Exclusion.
• Further Caltrans verification is required as well as additional signatures.
0 Compliance with NEPA completed and project can commence with final design.
NEPA Technical Reports and Memorandums
Based on the final conclusions of the PES form, WRA will prepare several technical studies and
memos needed to perform an environmental analysis of the project that satisfies NEPA and
Caltrans requirements; this information will also be used in the CEQA analysis to the maximum
extent feasible. The specific type of technical report required for a given project is determined by
the review of basic project information completed as part of the PES form task, but may include
documentation regarding biological resources, noise, traffic, air and noise; water duality and
hydrology, visual resources, archaeological resources, and potential effects to community
planning.
Most of these documents can be prepared by WRA in-house. Depending on the types and/or
level of detail of technical studies required, it is possible that WRA may have to retain
subconsultants that specialize in disciplines such as cultural resources, traffic, air quality, and
noise, WRA would also rely on the project engineer, geologist and hydrologist to assist with
some of the technical studies (e.g., Location Hydraulic Study, right-of-way technical
memorandum, etc.). A brief overview of commonly applicable report types is provided below.
Biological Resources
The most common types of biological resources documentation required for federally -funded
projects are the Natural Environment Study (NES) and the Biological Assessment (BA). The
NES is required if the project will take place in areas supporting sensitive biological resources,
such as wetlands, streams, and riparian areas, and evaluates the whole of the potential effects to
biological resources for a project. If a project is determined to have only a minimal effect on
biological resources, a NES — Minimal Impact may be appropriate. A BA is required if a project
has the potential to effect plant or wildlife species that are listed under the federal Endangered
Species Act. Consultation with Caltrans biological resources staff and/or federal wildlife
resource agencies is often required to finalize and obtain a determination of the type of
documentation required.
March 21, 2014 - 7 - ENGEO
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Proposal for Professional Services
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Cultural Resources
The primary technical studies and consultations required for cultural resources are an
archaeological resources study, historic properties study, and consultation with Native American
tribes. The first step in completing these studies is the identification of the Area of potential
Effect (APE). The results of these studies are summarized as part of the Historic Property Survey
Report (HPSR). Documentation supporting the HPSR may vary depending on the project
location and potential to affect historic and cultural resources, but most often include the
Archaeological Survey Report (ASR) and Historic Resources Evaluation Report (HRI;R). If the
project is found to have the potential to effect cultural resources, a Finding of Effect (FOE) must
be completed and filed.
Visual Resources
Assessment of visual resources is completed by review of the Caltrans Visual Impact
Assessment (VIA) Guide. If necessary, evaluation of visual resources may require preparation of
a visual simulation, prepared by WRA using advanced computer graphics simulation software.
Water Quality
in most cases, water quality is assessed through the completion of a Watcr Quality Assessment
Report (WQAR) using the Caltrans WQAR template. The primary purpose of the WQAR is to
fulfill the requirements of NEPA, and provide information, to the extent possible, for the
National Pollution Discharge Elimination System (NPDES) permitting for stormwater discharge.
Depending on the location and characteristics of the project, it is possible that Caltrans will only
require a Water Quality Memorandum instead of a WQAR. The Water Quality Memorandum
would address they key issues listed above but not in the level of detail and format required by
Caltrans for a WQAR. The WQAR will be completed by ENGEO,
Noise and Vibration Assessment
If necessary, a noise technical memorandum may be prepared to address construction noise and
operational noise. The noise technical memorandum would identify "sensitive receptors" (such
as schools or residential areas), document ambient noise levels, quantify noise and vibration
from project construction, quantify any potential changes in traffic noise, assess noise and
vibration impacts, evaluate temporary and permanent impacts, and propose mitigation. This level
of analysis is very seldom anticipated for federally -funded projects, and most often is required
for projects involving a large amount of pile driving,
Air Quality/Greenhouse Gas Assessment
For many smaller federally funded projects, Caltrans will not require documentation for air
quality and greenhouse gas emissions because these projects are often exempt from these
requirements. If required, an Air Quality Memorandum would be prepared based on Caltrans
report requirements in format and would address the FHWA/Caltrans requirements and well as
local CEQA criteria. This memorandum would address construction air quality impacts, such as
from dust and naturally occurring asbestos, and would quantify greenhouse gas emissions to
develop an assessment of the project's potential effects on climate change.
March 21, 2014 - 8 - AGED
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Proposal for professional Services
Matadero Creek Bank Repair
Land Use and Community Impacts
Land use and community impacts required to be addressed by Caltrans include, but are not
limited to, construction hours, traffic management and detours, and documentation of public
outreach. If necessary, WRA will prepare a memorandum identifying any community impacts
resulting from the proposed project and provide appropriate mitigation measures. The need for
and extent of this type of documentation would be assessed as part of the PES form task, in
consultation with Caltrans staff.
From time to time, other documentation, such as a Section 4(f) de minimus Findings
Memorandum, information to support findings for hazardous substances and materials,
environmental justice issues, and land use evaluations may be encountered. WRA has the ability
to complete these additional documents, and will do so if required; however, they are only
seldom required for the types of projects anticipated under this scope of work and so are not
reviewed in detail here.
Location Hydraulic Study
ENGEO will complete a location hydraulic study which will likely be required to demonstrate
that the project will not impact 100 -year water surface elevation upon implementation. The
Study will be completed in accordance with the Local Assistance Procedures Manual (LAPM)
Task 4. Wetland Delineation/Biological Resources Assessment
WRA will perform a wetland delineation to determine the jurisdiction of the United States Army
Corps of Engineers (Corps) under the Clean Water Act, The delineation field work will be
conducted during the site visit for Task 1. WRA will take sample points where any wetlands are
located and prepare data sheets using the Corps' authorized format. WRA will also document the
ordinary high water mark for aquatic features lacking wetland vegetation. WRA will prepare a
map that shows the extent of the Cotps' jurisdiction and a brief letter report that describes the
methods, sample point data, and results of the delineation. WRA will prepare a draft report for
review by the client, as well as a final report incorporating any comments provided by the client.
Once approved for submittal, WRA will submit the delineation report and request that the Corps
verify the work. This typically requires a site visit for the Corps to verify the extent of their
jurisdiction, and the cost of this task includes time for one WRA staff member to attend the field
verification. If the Corps requires any modifications to the delineation, a final map incorporating
the requested changes will be prepared. In some cases, additional information will be requested
by the Corps or may be needed to justify specific circumstances related to the site, Additional
site visits are not included in this scope of work or budget estimate unless otherwise specified.
A Biological Resources Assessment (BRA) evaluates existing sensitive biological resources on a
site and provides a review of conditions, impacts, and mitigation that may be required by the
Town in the project environmental review process required under CEQA. WRA will produce a
BRA existing conditions letter report summarizing conditions at the Town of Los Altos Hills
project area and any potential impacts and required mitigation resulting from the stream bank
stabilization project.
March 21, 2014 - 0 - ENGEO
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Proposal for Professional Services
Matadero Creek Bank Repair
Our approach for conducting the assessment of the basin area consists of the foitowing:
Prior to the site visit, a search of the California Department of Fish and Wildlife's (CDFW;
formerly the California Department of Fish and Game) California Natural Diversity Data
Base (CNDDB), the California Native Plant Society's (CLAPS) Inventory of Rare and
Endangered Plants, and the United States Fish and Wildlife Service (USFWS) county and
quadrangle lists will be conducted to determine which sensitive species and/or critical habitat
have been documented in the vicinity of the Project Area. Based on this search and a review
of other CDFG lists and publications, a list of special -status species with potential to occur
on site will be generated.
Following the preliminary site research, a site visit by a WRA biologist will be undertaken to
assess conditions in the Project Area. The Project Area will be traversed on foot and the
habitats present will be assessed to determine suitability for special -status wildlife and plant
species. Potential impacts to sensitive habitats and special -status species related to project
construction will be the focus of the site evaluation; however, any potential indirect impacts
resulting from the project will also be assessed.
The results of the preliminary site research and the ground-based site assessment will be
prepared as brief letter report. The purpose of the letter report is to provide an analysis of any
potential biological constraints that occur or have the potential to occur in the Project Area.
Potential use of the site by any special -status species will be ranked as no potential, unlikely,
moderate, or high depending upon the suitability of the habitat or proximity of any known
records uncovered in the database search. If any sensitive habitats are observed on the site, a
map of these features will be provided. If appropriate, other potential biological regulatory
issues will be addressed, including local sensitive habitat and species policies and local tree
ordinances.
• General avoidance and minimization measures for any potential impacts that could occur as a
result of a project will be discussed. This document will be used in the permit applications as
required by environmental regulatory agencies.
Based on the limited nature of potential impacts related to the project, it is assumed that
compensatory mitigation will not be required by the agencies. Although unlikely, if the agencies
require compensatory mitigation for potential impacts, WRA will work with the client and
agencies to develop such measures. This work will be covered under a separate scope of work
and budget.
We recommend that the Task 4 be completed prior to circulation of a CEQA document. It is
required for resource agency permitting.
Task 5: Review of Hydrologic and Geotechnical Studles and Basis of Design Report
Based on our preliminary review of calculations and conceptual plans we anticipate a conceptual
design which would be included in the resource agency applications and CEQA documents. The
engineering analysis will include;
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Proposal for Professional Services
Matadero Greek Bank Repair
• A Hydrologic Engineering Center -River Analysis System (HEC -RAS) model of the proposed
creek modifications assumed to be based upon previous studies in order determine the
100 -year water surface elevation for the most likely repair scenario.
• Verification of rock sizing at the toe of slope.
• Preliminary geotechnical design of the soldier pile and lagging wall with tiebacks, based on
previous information collected for the project.
The calculations will be signed by both a Professional Geotechnical and Civil Engineer licensed
in the State of California.
Given our experience with the RWQCB and other state and federal agencies that review creek
improvement projects, we expect that the design of the channel will be rigorously reviewed and
that supporting documentation will be absolutely essential if the intent of the Town of Los Altos
Hills is to intervene on the creek bank. We expect this report will have schematic 30% design
recommendations that, if approved, will form the basis of design.
Task 6: CEQA
WRA will prepare an Administrative Draft Initial Study for the proposed project utilizing the
Appendix G Thresholds of Significance from the current version of the State CEQA Guidelines,
as well as any Town -approved Thresholds of Significance. The Initial Study will evaluate the
potentially significant impacts of the proposed project as the project relates to the
17 environmental topics in the Environmental Checklist Form of the State CEQA Guidelines,
The analysis in the Initial Study will consider information contained in existing technical reports
and documents related to similar projects (if applicable), relevant regulations and policies, and
other applicable information obtained through the research efforts of WRA staff.
Based on the conclusions of the Initial Study, it is anticipated the project will qualify for a
Mitigated Negative Declaration (MND) and that an Environmental Impact Report (EIR) will not
be required. WRA can "front load" the project description with design features that self -mitigate
any significant impacts of the project, thus qualifying the project for a Negative Declaration
instead of a MND and also precluding the need for a CEQA Mitigation Monitoring and
Reporting Program. WRA will submit three (3) copies of the Administrative Draft Initial Study
to the Town for first review and comment.
WRA will address all of the Town's comments on the Administrative Draft Initial Study. It is
assumed that the comments from the Town will be consolidated into one set, which will aid the
team in completing the documents in the most timely and efficient manner. WRA will prepare
one copy of a Screencheck Draft Initial Study that the Town can review to confirm that all
comments have been addressed.
Upon approval of the Screencheck Draft Initial Study and Mitigated Negative Declaration, WRA
will reproduce additional copies of the Draft Initial Study and Negative Declaration for the
Town's use during the 30 -day public review period. Additionally, WRA will coordinate with the
March 21, 2014 - 11 - ENGEO
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Proposal for Professional Services
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Town in providing web -ready documents for publication on the Town's website if needed. WRA
will produce and circulate the Notice of Intent (NOI), as well as any other CEQA noticing
requirements, including the Notice of Completion (NOC) to the State Clearinghouse, if
necessary. WRA will submit three (3) hard copies and one (1) electronic copy of the revised
Draft Initial Study/Negative Declaration to the Town within one (1) week from receipt of
Town's comments. WRA will reproduce up to thirty (30) copies of the Draft Initial Study for the
public review circulation period and will assume responsibility of circulating the documents to
applicable agencies and interested parties.
Following completion of the 30 -day public review period, WRA will informally respond to
agency and public comments submitted on the Initial Study/Negative Declaration. The extent of
work necessary to complete the Final Initial StudyfNegative Declaration is contingent upon the
number and nature of public comments received after the Draft Initial Study/Negative
Declaration is circulated. WRA assumes the Town will be responsible for the preparation and
filing the Notification of Determination (NOD) with the San Mateo County Clerk within five
days of project approval as well as payment of all required filing fees,
Up to two meetings for the CEQA task have been included in our budget for Task 6. Attendance
at public hearings is not proposed but can be included if required.
Task 7. Agency Permitting
The USAGE regulates the placement of fill and dredging within areas determined to be Waters
of the U.S. Based on a preliminary review of aerial photographs of the Project Area and
discussions about the project with the project engineer, a Corps Section 404 permit will likely be
necessary. The Regional Water Quality Control Board (RWQCB) must certify the use of the
Corps 404 permit and will process a 401 Water Quality Certification for the project. In addition,
for any wetlands or jurisdictional areas found to not fall under Corps jurisdiction, the RWQCB
will likely claim these areas as "waters of the State" and will require an analysis of potential
impacts to these features.
Based on the information gathered during the BRA and delineation site assessment, WRA will
prepare Clean Water Act Section 404 and 401 permit applications. Both applications will be
prepared in draft form and submitted to the client for review prior to submission to the agencies.
After the applications have been reviewed by the client, WRA will incorporate any changes
requested by the client and then submit the applications to the USAGE and the RWQCB.
Specific actions related to the two permits are discussed in the sections below.
The CDFW regulates impacts to streams, creeks, and lakes under Section 1602 of the Fish and
Game Code, Impacts to these features generally require application for a Section 1602 Lake and
Streainbed Alteration Agreement, Given that the Westside Basin supports wetland and riparian -
like habitat around its margin, the CDFW would likely claim the feature under their jurisdiction
as potential wildlife habitat. For all of the permit applications, WRA will work with the project
engineer to ensure that the necessary project description and schematic engineering plans are
provided to adequately portray the project to the regulatory agencies.
March 21, 2014 - '! 2 - GEO
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Proposal for Professional Services
Matadero Creek Bank Repair
Task 7a: USACE Section 404 Permit
Assuming that the wetland and/or stream impact area is likely less than 0.5 acre (or less than
300 linear feet), the project may qualify for the Nationwide Permit (NWP) program. The most
appropriate NWP for the project will be determined based on the details of the project and
discussions with the project engineer, The Section 404 application form will address potential
impacts to Corps jurisdiction and the necessary permit requirements, including:
• Basic notification requirements as to site location, project description, and type and amount
of fill in potentially jurisdictional areas,
• Appropriate plan and cross sectional view figures that show proposed impacts to
jurisdictional areas.
• Calculated areas and volume of proposed fill within jurisdictional areas.
■ Determination that the project site does not have any endangered species or critical habitat,
• Proposed compensatory mitigation (on-site or off-site).
• Wetland delineation with request for verification by the Corps.
• Brief statement concerning alternatives investigated to avoid or minimize impacts to
wetlands.
WRA will calculate the impacts to areas within the Corps' jurisdiction and prepare associated
GIS figures that show these areas. WRA will fill out the appropriate paperwork for the
Section 404 application and will serve as the client's agent during the Corps permitting process.
The Corps frequently requests additional site visits or to discuss the proposed project and its
potential impacts on areas within their jurisdiction—WRA will manage this portion of the
project to ensure timely appropriation of the permit and will conduct all site visits with the
Corps. As noted for Task 2, this scope includes time for one field verification site visit with the
Corps. Additional site visits, if required by the agencies, will be covered under a separate scope
of work and budget.
Task 7b: RWQCB Section 401 Certification
As noted above, the RWQCB must certify the use of the Corps 404 permit and will process a
401 Water Quality Certification for the project. In addition to identifying areas of Corps
jurisdiction, WRA will identify potential "waters of the State" subject to RWQCB jurisdiction
and will quantify potential impacts to these areas. WRA will produce GIS figures showing areas
of RWQCB jurisdiction and associated impacts and will prepare an application for the
Section 401 Certification.
Similar to the process with the Corps, WRA will serve as the client's agent for all interactions
with the RWQCB. WRA will work with the project team and regulators to assure that all
necessary information is made available for the application, WRA will attend one site visit with
the RWQCB to assess the project impacts, if requested by the RWQCB. Additional site visits or
other out -of -scope will covered tinder a separate scope of work and budget.
March 21, 2014 -13- E
Export Exceliance --- -
Proposal for Professional Services
Matadero Creek Bank Repair
Task 7c: CDFW Section 1602 Agreement
Assuming the CDFW exerts jurisdiction over the basin, a 1642. Lake and Streambed Alteration
Agreement (LSAA) will be needed for the project. The LSAA covers maintenance activities with
the potential to alter a stream- or lake -bed or --bank, in addition to potential wildlife habitat on
their margins. The LSAA application includes much of the same information as the previous two
permits in addition to an environmental questionnaire. WRA will complete the application
materials and act as the Town's agent during the project to make sure the CDFW has all of the
project information needed.
Task 7d: USFWS Section 7
Our initial analysis suggests that multiple federally listed wildlife species live in aquatic habitats
in the vicinity of the Project Area. Therefore, the Corps may request formal endangered species
consultation with the USFWS. If formal consultation is requested, WRA will prepare a Section 7
Biological Assessment (BA) for the project and will help facilitate the consultation process with
the Corps and the USFWS. The BA will be based on data collected during the BRA and
delineation site visit and will describe the suitability of on-site habitat conditions for the federally
listed species known from the vicinity, as well as any potential impacts which may occur to these
species as a result of the project, and any mitigation measures recommended to offset potential
impacts.
This task includes budget for one site visit, if requested by the USFWS. This site visit would be
in addition to the site visits associated with Task i and Task 2. This task also includes budget for
up to two phone or in-person meetings with Corps or USFWS personnel to discuss potential
impacts and proposed mitigation.
Task 8: Planting Plan
If requested by the federal and state agencies, a ENGEO will prepare a revegetation plan in CAD
that shows a typical planting palette in areas where plants are proposed to be propagated. These
are typically prepared in support of a Creek Restoration and Monitoring Plan to demonstrate to
the agencies that the final creek design will provide native riparian habitat with comparable
functions and values as similar creeks in the area. Information included on a planting plan
includes species to be planted at what cross sectional elevations along the creek bank, spacing
requirements, plant sizes, caging needs, and hydroseeding requirements.
Task 9: Improvement Plan Sat, Technical Specifications and Cost Estimate
We anticipate that a final set of improvement plans can be prepared based on topographic survey
information from the preliminary plan for the creek restoration approved by the RWQCB, the
USAGE and the CDFW per the Technical Studies and Planting Plan performed in Tasks S and 8.
Technical specifications will also be furnished describing materials and installation procedures.
We will also prepare an engineer's cost estimate based on material installation costs we have
encountered in the last two years for similar projects. The purpose of the plans, technical
specifications and cost estimates will be to provide a complete set of bid documents for the final
design of the creek.
March 21, 2014 -14- ENG
Expect ExWlenre—
Proposal for Professional Services
Matedero Creek Bank Repair
Task 10: Construction Support
After issuance of the bid package, we anticipate providing the following services associated with
the project.
• Interpret plans and specifications and/or inclusion of addenda during the bidding process.
• Attend pre -construction conference with selected contractor.
• Provide testing, observation and biological support services during the time of construction
as required, including training of on-site construction personnel for biologic issues.
• Respond to Requests for Information (RFIs) during construction.
• Provide a letter to the Town stating that the construction has been performed in general
conformance with our recommendations.
We have estimated a price assuming a 4 -week construction schedule with 2 -engineering site
visits per week and 1 biologist visit per week.
WRA will suggest that full-time monitoring by a qualified biologist will not be needed during
the construction of this project. Instead, the Agencies often allow a qualified biologist to train the
construction foreman to conduct morning site inspections to ensure that no listed species have
moved into the project area during the preceding evening. However, if the agencies determine as
part of the mitigation requirements that full-time monitoring by a qualified biologist is required,
WRA can conduct the monitoring during the construction phase of the project,
Task 10 is estimated at approximately $12,000, although we this price would need to be re-
visited after permits have been issued to ensure that an on-site biologist is not required during
construction.
Task 11: Post -Construction Monitoring
Typically, the RWQCB, the USACS and the CDFW require 5-10 years of monitoring, after creek
intervention projects are completed to ensure that all success criteria in the permits issued have
been met. We have not included an exact price for this item as. However, for budgeting
purposes, we estimate that it can be performed for approximately $4,000 per year for 7 years. We
can work with you to limit the amount of our time spent on past -construction monitoring.
March 21, 2014 - 15 - ENGEO
Expect Exce lopre - -
4
EXHIBIT B
COMPENSATION SCHEDULE
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO Page 1 of 1
Exhibit 8
4W *40
Proposal for Professional Services
Matadero Creek Bank Repair
8. FEE PROPOSAL
We estimate to following costs for the project based on the task item listed in the Scope of
Services Section:
Task Fee
Task 1: Review of Existing Documents and Coordination Meetings ................................$ 4,000
Task2: Baseline Topographic Survey*.............................................................................$ 5,000
Task3: NEPA*..................................................................................................................$ 60,000
Task 4: Wetlands Delineation/Biological Assessment......................................................$ 7,000
Task 5: Hydraulic Study and Final Basis of Design Calculations ..................................... $ 6,000
Task6: CEQA..................................................................................................................$ 24,000
Task 7: Agency Consultation (.Includes RWQCB, USAGE, CDFW and USFWS*)........ $ 25,000
Task8: Planting Plan.........................................................................................................$ 3,300
Task 9: Improvement Plan Set, Technical Specifications and Cost Estimate ...................$ 23,500
Task 10: Construction Support..........................................................................................$ 14,000
Task 11: Post -Construction Monitoring............................. ........... ........... ......................... 28,000
Total .......................$199,800
*Optional Items
We estimate the cost of construction for the most likely alternative at $350,000.
March I, ENGEO
Revisedd Julyly 7 7, , 2014 -16-
Expect Exceliance --
EXHIBIT C
PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS
PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ETSEQ.
HOURS OF WORK:
A. In accordance with California Labor Code Section 1810, 8 hours of labor in performance of the
services described in Exhibit A shall constitute a legal day's work under this contract.
B. In accordance with California Labor Code Section 1811, the time of service of any worker
employed in performance of the services described in Exhibit A is limited to eight hours during
any one calendar day, and forty hours during any one calendar week, except in accordance with
California Labor Code Section 1815, which provides that work in excess of eight hours during any
one calendar day and forty hours during any one calendar week is permitted upon compensation
for all hours worked in excess of eight hours during any one calendar day and forty hours during
any one calendar week at not less than one -and -ane -half times the basic rate of pay.
C. The Contractor and its subcontractors shall forfeit as a penalty to the Town $25 for each worker
employed in the performance of the services described in Exhibit A for each calendar day during
which the worker is required or permitted to work more than 8 hours in any one calendar day, or
more than 40 hours in any one calendar week, In violation of the provisions of California Labor
Code Section 1810 and following,
WAGES:
A, In accordance with California Labor Code Section 1773.2, the Town has determined the general
prevailing wages in the locality in which the services described in Exhibit A are to be performed
for each craft or type of work needed to be as published by the State of California Department of
Industrial Relations, Division of Labor Statistics and Research, a copy of which is on file in the
Town Public Works Office and shall be made available on request. The Contractor and
subcontractors engaged in the performance of the services described in Exhibit A shall pay no
less than these rates to all persons engaged in performance of the services described in Exhibit
A.
B. In accordance with Labor Code Section 1775, the Contractor and any subcontractors engaged in
performance of the services described in Exhibit A shall comply Labor Code Section 1775, which
establishes a penalty of up to $50 per day for each worker engaged in the performance of the
services described in Exhibit A that the Contractor or any subcontractor pays less than the
specified prevailing wage. The amount of such penalty shall be determined by the Labor
Commissioner and shall be based on consideration of the mistake, inadvertence, or neglect of
the Contractor or subcontractor in failing to pay the correct rate of prevailing wages, or the
previous record of the Contractor or subcontractor in meeting applicable prevailing wage
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO Page 1 of 3
Exhibit C
16lio 111111110
obligations, or the willful failure by the Contractor or subcontractor to pay the correct rates of
prevailing wages. A mistake, inadvertence, or neglect in failing to pay the correct rate of
prevailing wages is not excusable if the Contractor or subcontractor had knowledge of their
obligations under the California Labor Code. The Contractor or subcontractor shall pay the
difference between the prevailing wage rates and the amount paid to each worker for each
calendar day or portion thereof for which each worker was paid less than the prevailing wage
rate. if a subcontractor worker engaged in performance of the services described in Exhibit A is
not paid the general prevailing per diem wages by the subcontractor, the Contractor is not liable
for any penalties therefore unless the Contractor had knowledge of that failure or unless the
Contractor fails to comply with all of the following requirements:
The contract executed between the Contractor and the subcontractor for the
performance of part of the services described in Exhibit A shall include a copy of the
provisions of California Labor Code Sections 1771, 1775, 1776, 1777,5, 1813, and 1815.
2. The Contractor shall monitor payment of the specified general prevailing rate of per diem
wages by the subcontractor by periodic review of the subcontractor's certified payroll
records,
3, Upon becoming aware of a subcontractor's failure to pay the specified prevailing rate of
wages, the Contractor shall diligently take corrective action to halt or rectify the failure,
including, but not limited to, retaining sufficient funds due the subcontractor for
performance of the services described in Exhibit A,
4. Prior to making final payment to the subcontractor, the Contractor shall obtain an
affidavit signed under penalty of perjury from the subcontractor that the subcontractor
has paid the specified general prevailing rate of per diem wages for employees engaged
in the performance of the services described in Exhibit A and any amounts due pursuant
to California Labor Code Section 1813,
C. In accordance with California Labor Code Section 1776, the Contractor and each subcontractor
engaged in performance of the services described in Exhibit A shall keep accurate payroll
records showing the name, address, social security number, work, straight time and overtime
hours worked each day and week, and the actual per diem wages paid .to each journeyman,
apprentice, worker, or other employee employed in performance of the services described in
Exhibit A. Each payroll record shall contain or be verified by a written declaration that it is made
under penalty of perjury, stating both of the following:
The information contained in the payroll record is true and correct.
The employer has complied with the requirements of Sections 1771, 1811, and 1895 for
any work performed by the employer's employees on the public works project.
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO
Exhibit C
Page 2 of 3
kw 14
The payroll records required pursuant to California Labor Code Section 1776 shall be certified
and shall be available for inspection by the Owner and its authorized representatives, the
Division of Labor Standards Enforcement, the Division of Apprenticeship Standards of the
Department of Industrial Relations and shall otherwise be available for inspection in accordance
with California Labor Code Section 1776,
D. In accordance with California Labor Code Section 1777,5, the Contractor, on behalf of the
Contractor and any subcontractors engaged in performance of the services described in Exhibit
A, shall be responsible for ensuring compliance with California Labor Code Section 1777.5
governing employment and payment of apprentices on public works contracts.
E. In case it becomes necessary for the Contractor or any subcontractor engaged in performance
of the services described in Exhibit A to employ for the services described in Exhibit A any
person in a trade or occupation (except executive, supervisory, administrative, clerical, or other
non manual workers as such) for which no minimum wage rate has been determined by the
Director of the Department of Industrial Relations, the Contractor shall pay the minimum rate of
wages specified therein for the classification which most nearly corresponds to services
described in Exhibit A to be performed by that person. The minimum rate thus furnished shall be
applicable as a minimum for such trade or occupation from the time of the initial employment of
the person affected and during the continuance of such employment.
Contracting Services Agreement between
Town of Los Altos Hills and ENGEO
Exhibit C
Page 3 of 3
July 9, 2024
Last Revision July 9, 2024
Mr. WooJae Kim
Public Works Director
Town of Los Altos Hills
26379 W. Fremont Road
Los Altos Hills, CA 94022
GEOTECHNICAL
ENVIRONMENTAL
WATER RESOURCES
CONSTRUCTION SERVICES
COASTAUMARINE GEOTECHNICS
Project No.
11359.000.000
Subject: Matadero Creek Bank Stabilization and Restoration Project (Project)
Page Mill Road
Los Altos Hills, California
REQUEST FOR CHANGE ORDER
Dear Mr. Kim:
We are pleased to submit this proposal to provide continued professional engineering services
for the subject project in Los Altos Hills, California.
PROJECT DESCRIPTION AND BACKGROUND
The project is located approximately '/4 mile south of the Page Mill Road Interstate 280
interchange on the northern side of Page Mill Road. The Project site is immediately downstream
of a concrete box culvert that carries Matadero Creek (Creek) under Page Mill Road and is owned
in fee title by the California Department of Transportation (Caltrans). The Town of Los Altos
maintains the property under an agreement with Caltrans. The project intends to stabilize a portion
of Page Mill Road where an emergency project was performed by the Town in 2011 to prevent
further erosion of the road into the creek channel. Page Mill Road is a major arterial in the northern
portion of Santa Clara County with approximately 20,000 vehicles per day driving over the road.
The project will stabilize the Creek at Page Mill Road by replacing the failing,
15 -foot -long -by -70 -square -feet sackcrete apron with a new, 93 -foot -long -by -1,284 -square -feet
rock riprap chute and structural wall along the roadway. The intent of the project is to permanently
repair the area partially stabilized in the 2011 emergency repair.
The project required the following approvals due to its location in a Caltrans owned right-of-way
and working in a major creek system that is regulated by both federal and state agencies.
California Environmental Quality Act (Town of Los Altos Hills)
• 404 Permit (United States Army Corps of Engineers)
• Section 7 Endangered Species Consultation (United States Fish and Wildlife Service)
• 401 Water Quality Certification (San Francisco Bay Regional Water Quality Control Board
(RWQCB))
• Section 1602 Streambed Alteration Alteration Agreement (California Department of Fish and
Wildlife (CDFW))
2010 Crow Canyon Place, Suite 259 , San Ramon, CA 94583 • (925) 866-9000 • Fax (8881279-2698
www.engeo.com
Town of Los Altos Hills 11359.000.000
Matadero Creek Bank Stabilization and Restoration Project July 9, 2024
REQUEST FOR CHANGE ORDER
Page 2
ENGEO was selected by the Town of Los Altos Hills to perform the permanent design in
September 2014. We completed CEQA clearance and submitted applications to the federal and
state resource agencies in 2015. We received several rounds of comments from the RWQCB
asking us to redesign the project to be less impactful to the creek in 2016. In 2017, we believed
that we were close to being fully permitted; however, the RWQCB would not allow us to provide
environmental mitigation to creek impacts (i.e., replacement of trees or additional creek
floodplains to offset areas where rock was proposed) within the Caltrans right-of-way without a
formal deed restriction over the property to maintain the mitigation features into perpetuity.
However, Caltrans does not have a deed restriction process.
In 2018-2019, we worked with Caltrans and the RWQCB to provide some sort of documentation
acceptable to both agencies to allow on-site mitigation on Caltrans property. At the end of 2019,
Caltrans and the RWQCB could not come to a mutual agreement about an easement or deed
restriction that would allow mitigation to be performed within the Caltrans right-of-way.
In 2021, we began working with the Town again to complete the project. We identified several
off-site locations to perform environmental mitigations that would be acceptable to the RWQCB.
Due to the slow response on RWQCB, we assisted Town staff in writing a letter to the executive
director of the RWQCB stating our frustration with the process. This letter was signed by George
Tyson and is dated July 2022. The Town received a response from the executive director in
August 2022, and the Town received a permit from the RWQCB in February 2023.
By 2023, with the RWQCB permit secured, the project Caltrans and USACE/USFWS permits had
expired and needed to be renewed. Caltrans asked us to update the proposed wall design to
2022 California Building Code standards. CDFW also asked the Town to reapply for a new permit
altogether stating that original application materials and studies were too old for them to complete
their issuance of a Streambed Alteration Agreement in 2023. In March 2024, we have a renewed
USACE/USFWS permit, while Caltrans appears to be imminent, and CDFW issued a draft
Streambed Alteration Agreement in June 2024.
As the funds in our 2014 contract are now exhausted, we are asking for a change order to
complete permits and design work up to the commencement of construction, forecasted for
September 2024. The Town is also requesting ENGEO perform construction management
services for the project. We are also proposing to perform post -construction monitoring, as
required by the RWQCB for mitigation areas.
SCOPE OF SERVICES
To date, we have billed up to the contract amount of $199,800. We propose the following scope
of services based on our experience and discussions with you. In addition to the remaining
budget, we are asking for the following.
Task 1: Complete Permitting, Plans, Specifications, and Estimates and Bidding
We are requesting a total of $70,700 to complete the plans, specifications, and estimates for the
project. The following items have been completed, which were not considered in the original
proposal.
Town of Los Altos Hills 11359.000.000
Matadero Creek Bank Stabilization and Restoration Project July 9, 2024
REQUEST FOR CHANGE ORDER
Page 3
1. Additional review from the California Department of Transportation related to the project
Encroachment Permit. We updated the wall design to meet current 2022 standards after our
2018 permit expired based on permit delays from the RWQCB. During the bidding phase, the
wall was also redesigned to expedite construction this year using more readily available
lagging materials. ($15,000)
2. Time spent working with the Town of Los Altos Hills Open Space Committee and Regional
Water Quality Control Board on finding a suitable site for off-site mitigation and preparation of
an off-site mitigation monitoring plan and deed restrictions. ($35,000)
3. Additional review time associated with renewing the expired USACE permit, which included a
new requirement to perform a cultural resources analysis of the site. ($11,000)
4. Additional time spent on completing the CDFW Streambed Alteration Agreement for the
project. CDFW required the original biological assessment to be completely updated and the
Town to completely reapply for an agreement in early 2023. ($33,000).
5. We set up a contract with Native Coast Nursery in Santa Cruz and have pre -paid to have
certain plans at the off-site mitigation area grown in advance so that the contractor is not
responsible to obtain the plants after the contract is awarded. This will ensure that the quantity
of plants needed for the project is avaiable at the time of construction. ($2,000).
Note in our original proposal that NEPA compliance was not required as originally anticipated,
and therefore, approximately $25,300 was not used under the original scope.
Task 2: Update Plans, Specifications, and Estimates and Rebid ($30,000)
1. We understand that based on the original bids received by the Town in July 2024, that the
Town would like to re -bid the project and have ENGEO design a guard rail system that can
be attached to the soldier pile wall, re -prepare the plans and specs to value engineer the
permitted rock slope protection, cofferdams, and grading and to prepare an add alternate with
both timber and concrete lagging for the wall structure. ($30,000)
Task 3: Construction Management and Testing and Observation during Construction
We understand the Town would like us to perform construction management services, testing and
observation (T&O), and provide biological monitoring for this project. Biological monitoring will be
performed by Live Oak Associates as a subconsultant to ENGEO We propose the following.
1. Attend pre -construction meeting with selected contractor.
2. Provide pre -construction biological surveys per our anticipated Streambed Alteration
Agreement from the California Department of Fish and Wildlife
3. Coordinate with Caltrans Inspection Staff.
4. Assume at least '/2 -time observation of all work associated with the project as soon as work
commences.
5. Provide concrete testing of pier structures.
6. Provide on-site biological monitoring for California Red Legged Frog and other species of
concern for project agreements with United States Fish and Wildlife Service and the California
Town of Los Altos Hills 11359.000.000
Matadero Creek Bank Stabilization and Restoration Project July 9, 2024
REQUEST FOR CHANGE ORDER
Page 4
Department of Fish and Wildlife.
7. Perform quantity tracking of materials to verify contractor quantities.
8. Discuss performance of contractor work with Town staff before payment for contractor
services is rendered.
9. Write a letter to the Town of Los Altos Hills stating that all work has been conducted in
conformance with our recommendations.
10. Prepare pre- and post -project documentation in accordance with the 401 -water quality
certification from the project for the San Francisco Bay Regional Water Quality Control Board.
We assume the heavy construction at the Matadero Creek project site will occur in mid-September
and will last approximately 3 weeks. We assume 1 week of construction and planting at the off-site
project in Byrne Preserve in December. Lastly, there will be some periodic checks of plant
performance during the first year through December 2025. We suggest the following fee based
on these assumptions.
1. Pre -construction meetings and coordination with Caltrans inspection staff = $6,000
2. Pre-consturction biological surveys and relocation of rats nests = $20,000
3. Matadero Creek on-site project engineering support — 4 weeks at $9,000/week = $36,000
4. Matedero Creek on-site project biological monitoring = 4 weeks at $7,000 week = $28,000
5. Byrne Preserve off-site project — 1 week at $9,000/week = $9,000
6. Periodic landscape maintenance coordination - $10,000
7. Final Letter for Caltrans = $3,500
Our total estimated fee is $112,500
Task 4: Post -Construction Monitoring
The RWQCB, USACE, and CDFW require post -construction monitoring reports of the off-site
mitigation piece to verify that performance is met for on- and off-site plants planted as part of the
project. They also require inspection of the rock structures proposed at the on-site location. We
suggest setting up a budget of $10,000 per year for the 3- to 5 -year portions of the 5 -year
monitoring period after project completion to cover these reporting items for a total of $30,000.
The Town may opt to perform this monitoring in house.
FEE
We propose to provide the above-described scope of services for the fees itemized in the table
below.
TABLE 1: Fee Estimate
1 Complete Permitting, Plans, Specifications, and Estimates and Bidding $70,700
2 Update Plans, Specifications, and Estimate and Rebid $30,000
3 Construction Management and T&O during Construction $112,500
4 Post -Construction Monitoring (off-site mitigaition) $30,000
TOTAL $243,200
Additional services requested by you that are not outlined in this agreement, such as attendance
Town of Los Altos Hills 11359.000.000
Matadero Creek Bank Stabilization and Restoration Project July 9, 2024
REQUEST FOR CHANGE ORDER
Page 5
at project meetings and preparation of letters, will be charged on a time -and -expense basis.
Please let us know if you would like us to provide an estimate for any additional services.
REQUEST FOR CHANGE ORDER
ENGEO's liability for damage due to professional negligence, acts, errors, omissions, breach of
contract and consequential damages will be limited by Client to an amount not to exceed an
aggregate limit of one million dollars or ENGEO's fee, whichever is greater, regardless of the legal
theory under which such liability is imposed.
If the above scope of services and fee are acceptable, please issue a change order to our current
contract as our authorization to proceed. We can begin our services upon receipt of an executed
agreement.
If you have any questions or comments, please contact us.
Sincerely,
ENGEO Incorporated
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