HomeMy WebLinkAboutCSG, Inc. (3) AGREEMENT
THIS AGREEMENT is made and entered into on the 8/A day of Ocfc 6 , 2014 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and CSG Consultants, 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:
Inspect soil erosion and sedimentation control measures for
approximately 90 sites in Los Altos Hills
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated October 2, 2014
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 10/15/2014 and shall be completed by 12/15/2014, 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 fourteen thousand
eight hundred fifty dollars and zero cents ($14,850.00) within thirty (30) days
following receipt of invoice and completion/delivery of services/goods as detailed
in Sections 1, 2, and 3 of this Agreement and only upon satisfactory
delivery/completion of goods/services in a manner consistent with
professional/industry standards for the area in which CONTRACTOR operates.
TOWN is not responsible for paying for any work done by CONTRACTOR or any
subcontractor above and beyond the not to exceed amount.
b. Town shall not reimburse for any of CONTRACTOR's costs or expenses to
deliver any services/goods. Town shall not be responsible for any interest or late
charges on any payments from Town to CONTRACTOR.
c. CONTRACTOR is responsible for monitoring its own forces/employees/agents/
subcontractors to ensure delivery of goods/services within the terms of this
Agreement. TOWN will not accept or compensate CONTRACTOR for
incomplete goods/services.
Town of Los Altos Hills
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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:
i. 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
26379 Fremont Road
Los Altos Hills, CA 94022
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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 for said transfer of copyright.
CONTRACTOR retains the right to use any project records, documents and
materials for marketing of their professional services.
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h. 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: CONTRACTOR:
Richard Chiu
Public Works Director
Town of Los Altos Hills By: /-� - /o _ 3_
26379 Fremont Road Signature Or Date y
Los Altos Hills, CA 94022
4 ,rest .41„...-77 7'—
Print name, Title
TOWN OF LOS ALTOS HILLS:
By: ( . 2Pea
i to-S3-70111
Carl Cahill, City ger Date
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October 2, 2014
John Chau
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
RE: 2014 SWPPP Inspections of Residential Sites
Dear Mr. Chau: •
CSG Consultants is pleased to present this proposal to provide field inspections for storm water pollution
compliance in accordance with Provision C.6 of the Municipal Regional Permit(MRP).
We understand that inspections are required for approximately 90 residential sites under construction. Of
the 90 sites, we anticipate that none will require monthly inspections (site that disturb over 1 acre of
land, or sites that are high priority).
Inspections for the 90 sites are not mandated by the MRP, however we understand that the Town would
like these Inspections performed as a pro-active step towards stonnwater pollution prevention,
Each residential site will be Inspected at least once during the wet season. In case of violations, follow-
ups will be performed within 10 business daysuntil the site Is brought Into compliance. Based on
previous year's data, we anticipate that 25% of the 45 non-compliant sites will require 2 follow-up
Inspections (45 min each), and 75% will require 1 follow-up inspection (30-45 min each). Electronic
tracking will be completed using the Town's tacking spreadsheet.
Inspection forms will be provided by CSG. Original (white)copies will be left on site, and duplicate copies
will be returned to the Town after electronic tracking is complete. Fees will be charged on a T&M basis
with an hourly rate of$110, as follows:
Regular Site/No follow-up: 1.00 hrs X 45 sites X $110 = $4,950
Regular Site W/ Follow-ups: 2.00 hrs X 45 sites X$110 = $9,900
TOTAL $14,850
Should additional sites be added to the list of Inspections beyond the 90 listed above, additional fees may
be required. Preparation of the Provision C.6 Annual Report may be provided under this contract if any
of the funds above remain unutilized after inspections and electronic tracking are complete.
Please feel free to contact me at(650) 522-2505 should you have any questions or concerns.
Sincerely,
Sophie Twang, P.E., QSD/QSP
Senior Engineer
1700 South Amphlett Boulevard,7°Floor Sari Mateo,CA 94402
Phone:550-522-2500;Fax:S50-5222599
Email:csgstai@cagengr.com;Online al wnwcagwebslte.00m
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Form W-9 Request for Taxpayer Give Form to the
(Rev.August 2013) Identification Number and Certification requester.Do not
Internal
Department
venu the
SvicTreasury send to the IRS.
Name(as shown on your income tax return)
LeN[ CrTxSyN\ 7urei ,lrILC
Business name/disregarded entity name,it different from above
cti
cc
o' Check appropriate box for federal tax classification: Exemptions(see instructions):
❑Individual/sole proprietor ❑ C Corporation S Corporation ❑ partnership ❑Trust/estate
O0.o `o Exempt payee odany)
LiLimited liability company.Enter the tax classification(C-C corporation,S=S corporation,P=partnership)1 Exemption from FATCA reporting
a`u D Other(see instructions)1 code pf any)
V Address(number,street,and apt.or suite no.) Requester's name and address(optional)
ii-aS jr ProAi4nIM h\vJ Z rA HLw
City,state,and ZIP code
co Sr, Mlt�re o(o `� k1&2_
List account number(s)he (optional)
1a Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box,The TIN provided must match the name given on the"Name"line Social securitynumber
to avoid backup withholding.For individuals,this Is your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3.For other
entitles,it is your employer identification number(EIN).It you do not have a number,see How to get a
TIN on page 3.
Note.If the account Is In more than one name,see the chart on page 4 for guidelines on whose F Employer identification number
number to enter.
1 2 °151-A. 4I �
Leal 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. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all Interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding,and
3. I am a U.S.citizen or other U.S.person(defined below),and
4.The FATCA code(s)entered on this form(i(any)indicating that I am exempt from FATCA reporting Is correct.
Certification Instructions.You must cross out Rem 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return,For real estate transactions,Item 2 does not apply.For mortgage
interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and
generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the
instructions on page 3.
Sign signature Of
Here us persona pater 10/3/2014
General Instructions/7)
nstructions wkhhomirg tax on foreign partners'sham of effecdvery connected income,and
Section references aramtlm Internal Revenue Code unless otherwise noted. 4.Certify that FATCA codes)entered on this form(if any)indicating that you are
Future developments.The IRS has created a exempt from the FATCA reporting,is correct.
pagenout lanyftrer informationmgivesform isother stanForm
ally
W-9,at(uch as leg rat.nfen about developments simile Itotherer W-peson antiarequesteryoua
affectingtaForm W-9(suchas kgrslatim enacted after we release it) be posted W-3l to ssFormWB.you
must use the requester's form if it is substantially
on that page.
Purpose of Form personify of a U.S.person.For federal ar
l tax puosea,you e considered a U.S.
are:
A person who is required to file an information return with the IRS must obtain your •An individual who is a U.S.citizen or U.S.resident alien,
correct taxpayer identification number(nN)to report,for example,income paid to •A partnership,Corporation,company,or association created or organized in me
you,payments made to you in settlement of payment card and third party netwark United States or under the laws of the United States.
transactions,real estate transactions.mortgage interest you paid,acquisition or •An estatether foreign estate),
abandonment of secured property,cancellation of debt,or contributions you made (o than a Bn or
to an IPA. •A domestic trust(as defined in Regulations section 301.7701-7).
Use Form W-9 only if you are a U.S.person(including a resident alien),to Special rules for paMenNps.Partnershipsthat conduct a trade or business In
provide your correct TIN to the person requesting it requester)and,when the United States are generally required to pay a withholding tax under section
applicable,to: 1446 on any foreign partners'share of effectively connected taxable income from
1.Certify thatthe TlN you are giving is correct(or you ere waiting foranumber such business.Further,in certain cases where a Form W-9 has not been received,
the be Ierruedh rules under section 1446 require a partnership to presume that a partner is a
foreign person,and pay the section 1448 withholding tax.Therefore,if you are a
2.Certify that you are not subject to backup withholding,or U.S.parson that is a partner in a partnership conducting a bade or business in the
3.Claim exemption from backup withholding if you are a U.S.exempt payee.It United States,provide Form W-9 to the partnership to establish your U.S.status
applicable,you are also certifying that ase U.S.person,your allocable share of and avoid section 1446 withholding on your share of partnership incom
any partnership Income from a U.S.trade or business is not subject to the
Cat.No.102313 Form W-9(Rev,8-2015)