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Home My WebLink AboutEOA, Inc. 07.01.2026AGREEMENT THIS AGREEMENT is made and entered into on the 1st day of July, 2026 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and EOA, Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: I 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Pass- Thru, developer funded, on- call Third Party Review of Site Development Projects, for compliance with Provision C. 3 of the Town's Stormwater NPDES Permit ( New and Redevelopment Requirements) 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A - Proposal from CONTRACTOR dated March 9, 2023 3. TERMS. The services and/or materials furnished under this Agreement shall commence July 1, 2026 and shall be completed by December 31, 2027, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed fifty thousand dollars and zero cents ($50,000.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/completion of goods/services in a manner consistent with professional/industry standards for the area in which CONTRACTOR operates. TOWN is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to deliver any services/goods. Town shall not be responsible for any interest or late charges on any payments from Town to CONTRACTOR. c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/ subcontractors to ensure delivery of goods/services within the terms of this Agreement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. mweiminaw K. a. HCL® HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of personal injury (including death) and property damage of any nature, caused by or arising out of the performance of CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent performance of CONTRACTOR under this Agreement. b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance before commencing any services under this Agreement as follows: ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE:. General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. 11 1 k Nil J "no 9-001110 611 Jillilli I I v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives." vi. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed certificate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds. vii. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills Page 1 of 5 Short form Updated 4/26/22 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreement is not a contract of employment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall be an independent contractor and CONTRACTOR is not authorized to bind the TOWN to any contracts or other obligations without the express written consent of the TOWN. In executing this Agreement, CONTRACTOR certifies that no one who has or will have any financial interest under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorized without the written consent of the City Manager. This Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR... Monies owed for work satisfactorily completed shall be paid to CONTRACTOR within 14 days of termination. g. RECORDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that are prepared or obtained pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the TOWN. CONTRACTOR hereby agrees to deliver those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as, specified by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the TOWN in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. All work products submitted to the TOWN pursuant to this Agreement shall be deemed a "work for hire." Upon submission of any work for hire pursuant to this Agreement, and acceptance by the TOWN as complete, non- exclusive title to copyright of said work for hire shall transfer to the TOWN. The compensation recited in Section 4 shall be deemed to be sufficient consideration Town of Los Altos Hills Page 2 of 5 Short form Updated 4/26/22 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Public Works Director and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambiguities or disputed terms between this Agreement and any attached Exhibits shall be interpreted according to the language in this Agreement and not the Exhibits. 6. INVOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: WooJae Kim Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By: -- Signature Digitally signed by Ray Goebel DN: cn=Ray Goebel, o=EOA, Inc., o", email=rpgoebel@eoai nc.com, crus 6/2/2016 Date: 2026.06.02 1423:46 Ray Goebel, P.E., Vice President Print name, Title Date TOWN OF LOS ALTOS ILLS: By: 6/5/224g Cody Einfalt, iiity Manager Date Town of Los Altos Hills Page 3 of 5 Short form Updated 4/26/22 M0' Environmental and Public Health Engineering EOA 2026 FEE SCHEDULE The following fee schedule covers personnel rates for EOA, Inc. staff. Our charges are divided into two categories: personnel, and direct expenses. A new fee schedule is issued at the beginning of each calendar year. Charges for all work, except where other arrangements have been made, are based on the new schedule of charges. PERSONNEL Personnel charges are for any technical, clerical or administrative work necessary to perform the project. Work tasks include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report preparation. Personnel hourly rates by classification are as follows: Principal Senior Managing Engineer/Scientist I Managing Engineer/Scientist III Managing Engineer/Scientist II Managing Engineer/Scientist I Associate Engineer/Scientist III Associate Engineer/Scientist II Associate Engineer/Scientist I Assistant Engineer/Scientist $338 Senior Project Manager $289 $334 Senior Technical Specialist $285 $329 Senior Engineer/Scientist I11 $274 $310 Senior Engineer/Scientist Il $249 $296 Senior Engineer/Scientist I $228 $217 Technician, Administrative Manager $137 $207 Clerical/Computer Data Entry $97 $175 $158 Charges for professional services are in increments of one quarter-hour. Depositions/legal testimony charged portal-to- portal, at 200% of standard rates, with a four-hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the minimum fee must be paid prior to commencement of testimony. Preparation for court cases is charged on a time -and -materials basis as outlined in this fee schedule. DIRECT EXPENSES Reimbursement for expenses directly related to services provided will be charged at cost plus 10%. Examples of such direct expenses include: • Costs of sub -consultants or subcontractors • Costs of special fees (insurance, permits, etc.) • Costs of copying, drafting, blueprints, etc. (EOA copies charged at $0.10 each for B&W, $0.35 each for color. Large format $0.15/sq ft for B&W, $0.50/sq ft for color) • Costs of color map production supplies (color ink and large format paper) • Costs or rental of special equipment. Daily use fees of monitoring equipment charged at the following rates: - Single -parameter field meter - $10/day - Multi -parameter field meter and sonde - $100/day • Costs of authorized travel and related expenses • Automobile mileage directly related to services, at current IRS rate. 11 IL1110"_1 Invoices are prepared and submitted on a monthly basis, as either final or progress billings and are payable upon receipt unless prior arrangements have been made. Interest of 1-1/2% per month, or the maximum rate allowed by law, is payable on accounts not paid within 30 days. EOA, Inc. • Mailing: PO Box 31714 • Oakland, CA, 94062 • Tel: (510) 832-2852 nffir-P, ' 914 (-ollPrya Ava • RArkP.IP.v f'A 947n.5 enc. Environmental and Public Health Engineering March 9, 2023 John Chau Associate Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Subject: Proposal to Assist the Town of Los Altos Hills with Third Party Review of Development Projects for Compliance with Provision C.3 of the Town's Stormwater NPDES Permit (New and Redevelopment Requirements) Dear Mr. Chau: Per your request, this letter transmits our proposal to assist the Town of Los Altos Hills with third party review of development projects for compliance with the Municipal Regional Permit (MRP) Provision C.3, New Development and Redevelopment. MRP Provision C.3.f allows the Town to have a third party conduct the C.3 reviews of regulated projects as part of the Town's development application review process. The third party reviewer must be a Civil Engineer or Licensed Architect registered in the State of California, and meet certain minimum training requirements. Jill Bicknell, project manager for this work, is a registered Civil Engineer in the State of California and will perform or oversee performance of all of the third party reviews conducted by EOA staff. EOA staff have the required training and we can provide documentation of that training, if requested. Scope of Work EOA will assist the Town to perform regulatory reviews of development project applicant submittals to determine the requirements for the development project relative to current requirements of MRP Provision C.3., and whether the project submittals demonstrate compliance with these requirements as we understand them. The reviews may include determination of Provision C.3. applicability, Special Projects eligibility, review of design criteria and sizing calculations, and meetings with the Town and/or project applicants as needed, up to the designated budget. The review of an assigned project will begin once the budget has been agreed upon, the Town has given notice to proceed, and the applicant has provided a Stormwater Management Plan for the project, relevant plan sheets, and other required documents. The results of each regulatory review will be documented in a memorandum to the Town, including conclusions regarding C.3 compliance and recommendations for further action by the Town. All communication with the project applicant will go through Town staff. Assigned Personnel As stated above, the project manager will be Jill Bicknell, P.E., Senior Managing Engineer I for EOA. She will be assisted by Vishakha Atre, Senior Scientist III, Courtney Siu, P.E., Senior EOA, Inc. • 1 1 1 West Evelyn Ave., Suite 1 10 • Sunnyvale, CA 94086 • Tel: (408) 720-8811 • Fax: (408) 720-8812 Mr. John Chau March 9, 2023 Page 2 of 2 Engineer I, Kathy Woo, Associate Engineer II, and other qualified staff as needed. Both Jill and Vishakha have extensive experience assisting municipalities in the Bay Area with C.3 compliance and are responsible for providing the Santa Clara Valley Urban Runoff Pollution Prevention Program with guidance and training on C.3 implementation. Jill, Vishakha, Courtney, and Kathy have performed over 100 C.3 reviews of development projects for the City of Santa Clara, City of Milpitas, and the Town of Los Gatos, as well as for several cities in San Mateo County. Estimated Budget Our work for the Town will be performed on an on-call basis. For each review, we will agree on an estimated budget and schedule for completion of the review. Our standard fee for the first review of a project is $4,000, which includes an allowance for expected expenses in accordance with our rate schedule. The fee for subsequent reviews will be agreed on with the Town and will depend on the results of the first review and the extent to which the project needs to make changes to the Stormwater Management Plan and other documents to achieve C.3 compliance. The work will be conducted on a time -and -materials basis according to the attached EOA 2023 Fee Schedule. The Fee Schedule will be updated at the beginning of each calendar year. EOA will submit invoices to the Town monthly and itemize the fees for each review. Payment shall be net 30 days. Thank you for the opportunity to submit this proposal. Please contact Jill Bicknell at icbicknell(a)-eoainc.com if you have any questions or would like to discuss this further. Sincerely, EOA, Inc. Ray Goebel, P.E. Vice President Attachment - EOA 2023 Fee Schedule MA Environmental and Public Health Engineering EOA 2023 FEE SCHEDULE The following fee schedule covers personnel rates for EOA, Inc. staff. Our charges are divided into two categories: personnel, and direct expenses. A new fee schedule is issued at the beginning of each year. Charges for all work, except where other arrangements have been made, are based on the new schedule of charges. PERSONNEL Personnel charges are for any technical, clerical or administrative work necessary to perform the project. Work tasks include geologic and environmental consulting, engineering and computer services, regulatory liaison, and report preparation. Personnel rates are as follows: Personnel Category Hourlv Rates Principal..................................................................................... $311 Senior Managing Engineer/Scientist I ................................................... $307 Managing Engineer/Scientist III ......................................................... $303 Managing Engineer/Scientist II ........................................................... $285 Managing Engineer/Scientist I............................................................. $272 Senior Technical Specialist I.............................................................. $262 Senior Engineer/Scientist III — Project Leader ........................................... $252 Senior Engineer/Scientist/Planner II ..................................................... $229 Senior Engineer/Scientist/Planner I ............................................................ $210 Associate Engineer/Scientist III............................................................... $200 Associate Engineer/Scientist II................................................................. $190 Associate Engineer/Scientist I ............................................................ $161 Assistant Engineer/Scientist..................................................................... $146 Technician, Administrative Manager .................................................... $126 Clerical/Computer Data Entry............................................................ $89 Charges for professional services are in increments of one quarter-hour. Depositions/legal testimony charged portal-to- portal, at 200% of standard rates, with a four-hour minimum charge. In accordance with California Civil Procedure 2037.7, where applicable, the minimum fee must be paid prior to commencement of testimony. Preparation for court cases is charged on a time -and -materials basis as outlined in this fee schedule. DIRECT EXPENSES Reimbursement for expenses directly related to services provided will be charged at cost plus 10%. Examples of such direct expenses include: • Costs of sub -consultants or subcontractors • Costs of special fees (insurance, permits, etc.) • Costs of copying, drafting, blueprints, etc. (EOA copies charged at $0.10 each for B&W, $0.35 each for color. Large format $0.15/sq ft for B&W, $0.50/sq ft for color) • Costs of color map production supplies (color ink and large format paper) • Costs or rental of special equipment. Daily use fees of monitoring equipment charged at the following rates: - Single -parameter field meter - $10/day - Multi -parameter field meter and sonde - $100/day • Costs of authorized travel and related expenses • Automobile mileage directly related to services, at current IRS rate. INVOICES Invoices are prepared and submitted on a monthly basis, as either final or progress billings and are payable upon receipt unless prior arrangements have been made. Interest of 1-1/2% per month, or the maximum rate allowed by law, is payable on accounts not paid within 30 days. EOA, Inc. • 1410 Jackson Street • Oakland, CA 94612 • Tel: (510) 832-2852 Form 1111'9 Request for Taxpayer Give form to the (Rov Mnrch 20241 Identification Number and Certification iequester Do not Department of the Treasury send to the IRS. Iniernai nevem& Suivicre Citi to www irrc gov/FtrnnW9 for instructions and the latest information. Before you begin. For guidance related to the purpose of Form W-9, see Purpose of Form, below. 1 Name of entity/individual. An entry is required. (For a sole proprietor or disregarded entity, enter the owner's name on line 1. and enter the business/disregarded entity's name on line 2.) LOA, Inc. 2 Huginovs; narno/diiaogardod ontity namo if differont from above C6 3a Check the appropriate box for federal tax classification of the entity/individual whose name is entered on line 1. Check 4 Exemptions (codes apply only to 0) only one of the following seven boxes. certain entities, not individuals; cs see instructions on page 3): c ❑ Individual/sole proprietor ❑ C corporation Q S corporation ❑ Partnorship ❑ Truct/octato O t jQ ❑ LLC Enter the tar classification (0 - C corporation, S = S corporation, P = Partnership) Exempt payee code (if any) �j Ey Note. Check the "LLC" box above and, In the entry space, enter the appiopriale code, (C, u, or I') for the tax 4' classification of the LLC. unless It is a disregarded entity. A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax o box for the tax classification of its owner, Compliance Act (FATCA) reporting ❑ Other (see instructions) code (if any) a u 3b If on line 3a you checked "Partnership" or "Trust/estate," or checked "LLC" and entered "P" as its tax classification, 0 and you are providing this form to a partnership trust or estate in which you have an ownership interest, check (Applies e accounts maintained this box if you have any foreign partners, owners, or beneficiaries. bee Instructions . . . . . [J outside lire United Slbtes.} a <R 5 Address (number. street, and art or suite no ) See instructions Requester's name and address (optional) 3214 Collegie Ave. 6 City, state, and ZIP code Berkeley, CA 94705 7 List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on line 1 to avoid 9aciau security number backLIP withholding. For individuals, thls Is generally your social security number (SSN). However, for a FMretildolit alienr , ule pruprfetur, or dlstegarded entity, tree Lho IistrtlCll01M for ritrL I, later For nthHr M_ I I I I I ontltfoe, It Is your employer identification number (FIN) If you do not have a number, see How to get a or TIN, later. Employer identifiaatien number Note: If the account is in more than one name, see the instructions for line 1. See also What Name and Number To Give the Requester for guidelines on whose number to enter. M94 — Z 9 7 7 4 1T]9 Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me); and 2. 1 am not subject to backup withholding because (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am W longer tMbjeal Io backup willMolding, aid 3. 1 am a U.S. citizen or other U.S. person (defined below); and 4. The FATCA cude(s) ei itered on this form (if ally) indicating that I am exempt from FATCA reporting is correct. Certification instructions You must cross ota item 2 above. if you have been notified by the IRS that you are currently subject to backup withholdinq because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arranqement (IRA), and, generally, payments other than interest and dividends, you arc not required to sign the certification, but you must provide your correct TIN. See the instructions for Part II, later Sign Signature of Here I U.S. person General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Future developments. For the latest information about developments related to Form W-9 and its instructions, such as legislation enacted after they were published, go to www.irs.gov/FormW9. What's New Line 3a has been modified to clarify how a disregarded entity completes this Ilio An I t (: that Is a dlmot 4ardod oiLlLy should (.Iiet,k Lire appropriate box for the tax classification of its owner. Otherwise, it should check the "LLC" box and enter its appropriate tax classification. Date / Ila /17 New line 3b has been added to this form. A flow-through entity is required to complete this line to indicate that it has direct or indirect foreign partners, owners, or beneficiaries when it provides the Form W-9 to another flow-through entity in which it has an ownership interest. This change is intended to provide a flow-through entity with information regarding the status of its indirect foreign partners, owners, or beneficiaries, so that it can satisfy any applicable reporting requirements. For example, a partnership that has any indirect foreign partners may be required to complete Schedules K-2 and K-3. See the Partnerz;hip Instructions for Schedules K 2 and K 3 (Form 1065). Purpose of Foray An individual or entity (Form W-9 requester) who is required to file an information return with the IRS is giving you this form because they Cat No 10231X Form W-9 (Rev 3 -?0241