HomeMy WebLinkAboutCal Engineering & Geology, IncAGREEMENT
THIS AGREEMENT is made and entered into on the 10th day of August, 2022 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and CAL
ENGINEERING & GEOLOGY, INC. (hereinafter referred to as "CONTRACTOR"). In
consideration of their mutual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Geologic Desktop Study - Provide the Town with a desktop
geology study on the Purissima Park and Westwind
Community Barn for new water wells.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated August 9t11, 2022
3. TERMS. The services and/or materials furnished under this Agreement shall
commence August 15, 2022 and shall be completed by September 15th, 2022, 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 five thousand dollars
and zero cents ($5,000.00) 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.
Town of Los Altos Hills Page 1 of 5
Short form
Updated 4/26/22
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold
harmless the TOWN, its officers, agents and employees from any and all demands,
claims or liability of personal injury (including death) and property damage of any
nature, caused by or arising out of the performance of CONTRACTOR under this
Agreement. With regard to CONTRACTOR'S work product, CONTRACTOR
agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and
employees from any and all demands, claims or liability of any nature to the extent
caused by the negligent performance of CONTRACTOR under this Agreement.
b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of insurance
before commencing any services under this Agreement as follows:
WORKERS COMPENSATION INSURANCE: Minimum statutory limits.
ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form, personal
injury, broad form personal damage, contractual and
premises/operation, all on an occurrence basis. If an aggregate limit
exists, it shall apply separately or be no less than two (2) times the
occurrence limit.
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
v. NOTICE OF CANCELLATION: The City requires 30 days written notice
of cancellation. Additionally, the notice statement on the certificate
should not include the wording "endeavor to" or "but failure to mail such
notice shall impose no obligation or liability of any 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 2 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 3 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 [insert applicable
staff title] 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.
i. ENTIRE AGREEMENT. This Agreement represents the entire agreement
between the Parties. Any ambiguities or disputed terms between this Agreement
and any attached Exhibits shall be interpreted according to the language in this
Agreement and not the Exhibits.
6. INVOICING-. Send all invoices to the contract coordinator at the address below.
This Agreement shall become effective upon its approval and execution by TOWN. In
witness whereof, the parties have executed this Agreement the day and year first written
above.
CONTRACT COORDINATOR and
representative for TOWN:
Daniel Liang
Utility Engineering Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 4120/22
CONTRACTOR:
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By: ;-
Signature Date
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1-41L Ikeer*
Print name, Title
TOWN OF LOS ALTOS HILLS:
By:
Peter Pirnejad, CWManager Date'
Page 4 of 5
LEM
August 09, 2022
Serena Yeh
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
CAL ENGINEERING & GEOLOGY
RE: Proposal for Geological Desktop Study
Purissima Park and Westwind Community Barn Wells Project
Town of Los Altos, California
Dear Ms. Yeh:
At your request, Cal Engineering & Geology (CE&G) is pleased to submit this proposed
scope of work to provide geologic services for the Purissima Park and Westwind
Community Barn Wells Project, for the Town of Los Altos Hills. It is our understanding the
Town of Los Altos Hills (Town) would like to install a new water supply well for irrigation
at Purissima Park and the Westwind Community Barn site. The Purissima Park site is
located at 27500 Purissima Road in Los Altos Hills and is currently occupied by four
baseball fields. The Westwind Community Barn is located at 27210 Altamont Road, in Los
Altos Hills, and is occupied by a barn and two horse corrals. According to conversations
with the Town, there is an existing 75 -foot -deep water well at the Westwind Community
Barn site that has been dry for at least four years, and there are no existing wells at the
Purissima Park site. We understand the Town would like CE&G to perform a geologic
desktop study for each of the two sites to provide information on subsurface. conditions
with an emphasis on groundwater data. The desktop study findings will aid in the
development of site-specific field investigation scopes to further analyze subsurface
conditions at each of the sites.
In preliminarily reviewing published soil and geologic maps, both sites are located in the
local foothills within hilly terrain. The Purissima Park site is predominantly mapped as
being underlain by alluvium (Pleistocene), which overlays older sedimentary rock (early
Pleistocene and/or Pliocene). The Barn site is mapped as being underlain by Franciscan
Complex volcanic rocks.
a
Proposal for Geological Desktop Study Page 2
Purissima Park and Westwind Community Barn Wells Project August 09, 2022
PROPOSED SCOPE OF SERVIC
Based on currently available information, and our discussions with the Town of Los Altos,
CUG proposes the following scope of services:
CE&G will review available, pertinent soils, geotechnical, geologic, groundwater elevation
data, and seismic data, previously developed for private and public improvement projects
that are attainable from the Town of Los Altos, Caltrans, USGS, and other public agencies
for the area encompassing the two sites. The available data will be compiled and included
in our Geologic Desktop Study Memorandum. The findings of the desktop study will include
copies of identified pertinent and reliable boring logs from the compiled data.
We will summarize the findings from our data review into two separate desktop study
memorandums (one for each site). The memorandums will summarize the projects, site
conditions, and subsurface groundwater, soil, and/or bedrock conditions based on
previous explorations and geologic conditions. Associated graphics and appendices
containing the available data will also be included. In addition, the memorandums will
include recommendations for additional site-specific subsurface investigations that may be
required for the design and installation of the new water wells.
We are prepared to begin work when we receive written authorization to proceed. We
anticipate being able to complete our desktop studies within two weeks after receiving a
Notice to Proceed (NTP).
TERMS ANP CONDITIONS
Cal Engineering & Geology will perform the above-described services on a time -and -
expenses basis. We estimate the cost to complete the work described above to be $5,000.
ASSUMPTIONS
We have made the following assumptions to develop our scope of work outlined above:
1. Field reconnaissance, subsurface exploration, and laboratory tests are not currently
part of this scope.
AMOnuffialoWim
Proposal for Geological Desktop Study Page 3
Purissima Pork and Westwind Community Barn Wells Project August 09, 2022
EXECUTION
Our work will be completed in accordance with generally accepted geologic and
geotechnical engineering practices and procedures. This standard is in lieu of all warranties
either expressed or implied.
We assume our work will be authorized through a consultant agreement with the Town of
Los Altos Hills. We will begin work on the project upon written notice to proceed from the
Town of Los Altos Hills.
We look forward to working with you.
Sincerely,
CAL ENGINEERING & GEOLOGY, INC.
Kevin Loeb, P.G., 9665, C.E.G., 2763 Dan Peluso, G.E. 2367
Senior Geologist Senior Principal Engineer