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HomeMy WebLinkAboutCSG, Inc. (13) fir `ri CONSULTING SERVICES AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND CSG CONSULTANTS, INC. THIS AGREEMENT for consulting services is made by and between the Town of Los Altos Hills ;1Town")and CSG Consultants, Inc. ("Consultant") (together sometimes referred to as the"Parties") as of � ,r„q„a 17 ,2011 (the"Effective Date") Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement,Consultant shall provide to Town the services described in the Scope of Work attached as Exhibit A 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. The term of this Agreement shall begin on the Effective Date and shall end on November 1,2011,and Consultant 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 Consultant 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. Consultant shall perform all services required pursuant to this Agreement in a manner consistent with the level of care and skill ordinarily exercised by other professionals providing the same services in the San Francisco Bay Area. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that Town, in its sole discretion,at any lime during the term of this Agreement,desires the reassignment of any such persons, Consultant shall,immediately upon receiving notice from Town of such desire of Town, reassign such person or persons. 1.4 Time. Consultant 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 Consultant's obligations hereunder 1.5 Public Works Requirements. Because the services described in Exhibit A include"work performed during the design and preconstruction phases of construction including,but not limited to,inspection and land surveying work,"the services constitute a public works within the definition of Section 1720(a)(1)of the California Labor Code- As a result, Consultant is required to comply with the provisions of the Labor Code applicable to public works,to the extent set forth in Exhibit C. Section 2. COMPENSATION. Town hereby agrees to pay Consultant a sum not to exceed$25,597, notwithstanding any contrary indications that may be contained in Consultant's proposal,for services to be performed and reimbursable costs incurred under this Agreement In the event of a conflict between this Agreement and Consultant's proposal, attached as Exhibit A, regarding the amount of compensation, the Consulting Services Agreement between Town of Los Altos Hills and CSG Page 1 of 14 tio Agreement shall prevail. Town shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein The payments specified below shall be the only payments from Town to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to Town in the manner specified herein Except as specifically authorized by Town in writing,Consultant shall not bill Town for duplicate services performed by more than one person. Consultant and Town acknowledge and agree that compensation paid by Town to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently,the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant 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. Consultant 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 Bill 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; • Al 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 Consultant and each employee,agent, and subcontractor of Consultant performing services hereunder; • The Consultant's signature; • Consultant shall give separate notice to the Town when the total number of hours worked by Consultant and any individual employee, agent,or subcontractor of Consultant reaches or exceeds 800 hours within a 12-month period under this Agreement and any other agreement between Consultant and Town. Such notice shall include an estimate of the time necessary to complete work described in Exhibit A and the estimate of time necessary to complete work under any other agreement between Consultant and Town,if applicable. 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 Consultant Consulting Services Agreement between Town of Los Altos Hills and CSG Page 2 of 14 V 2.3 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 2.4 Total Payment. Town shall pay for the services to be rendered by Consultant pursuant to this Agreement. Town shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant 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 Consultant 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 Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto as Exhibit B. 2.6 Reimbursable-€xpensosrFieimb•^a"'c expanses are-speeiFied-belew,and-shall-net exceed 000.00. Exponces net 'o.,,sted`elewa = •- - • -•-- - = ••••-- . ceded-in-th. ._ _ _ • _. _._.._.•• _ ._. , ._ nd�a- his.��,•,. ngree merit that-shallnet-bc exceeded. 2.7 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes 2.8 Payment upon Termination, In the event that the Town or Consultant terminates this Agreement pursuant to Section 8, the Town shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets to verify costs incurred to that date. 2.9 Authorization to Perform Services. The Consultant 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. Consultant 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, Consultant, 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 Consultant and its agents, representatives, employees,and subcontractors. Consistent with the following provisions, Consultant shall 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 Consulting Services Agreement between Town of Los Altos Hills and CSG Page 3 of 14 16# `4 the Town. Consultant 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 Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant 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. Consultant shall maintain all required insurance listed herein for the duration of this Agreement. 4.1 Workers' Compensation. Consultant 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 Consultant. The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall he provided with limits of not less than$1,000,000 per accident. In the alternative, Consultant 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 Consultant, 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 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, 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 per occurrence,combined single limit 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,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: Consulting Services Agreement between Town of Los Altos Hills and CSG Page 4 of 14 a. The Insurance shall cover on an occurrence or an accident basis,and not on a claims-made basis. h. 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 Consultant; or automobiles owned, leased,hired,or borrowed by the Consultant c. For any claims related to this Agreement or the work hereunder, the Consultants 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 Consultants insurance and shall not contribute with it. d. 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. Consultant,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$1,000,000 covering the licensed professionals'errors and omissions. Any deductible or self-insured retention shall not exceed $150,000 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 he 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,Consultant shall purchase an extended period coverage for a minimum of five years after completion of work under this Agreement d. A copy of the claim reporting requirements must he submitted to the Town for review prior to the commencement of any work under this Agreement. Consulting Services Agreement between Town of Los Altos Hills and CSG Page 5 of 14 V 4.3.3 Additional Requirements. A certified endorsement to include contractual liability shall be included in the policy 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests'rating of no less than A-:VII. Should any CONSULTANTS insurers'ratings change during the middle of a policy year, CONSULTANT has until the policy renewal date to remedy the situation. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish Town with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified 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 Consultant beginning work,it shall not waive the Consultant'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. Consultant 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 Consultant shall provide a financial guarantee satisfactory to the Town guaranteeing payment of losses and related investigations,claim administration and defense expenses. 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. Consultant hereby agrees to waive subrogation which any insurer or contractor may require from vendor by virtue of the payment of any loss Consultant agrees to obtain any endorsements that may be necessary to affect this waiver of subrogation. The Workers'Compensation policy shall be endorsed with a waiver of subrogation in favor of the entity for all work performed by the consultant,its employees, agents, and subcontractors. 4.4.6 Subcontractors, Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. Consulting Services Agreement between Town of Los Altos Hills and CSG Page 6 of 14 V tal 4.5 Remedies. In addition to any other remedies Town may have if Consultant 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 alternatives to other remedies Town may have and are not the exclusive remedy for Consultant'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 Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder,or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or • Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANTS RESPONSIBILITIES. Consultant shall, to the fullest extent allowed by law,with respect to all Services performed in connection with this Agreement, defend with counsel acceptable to Town, indemnify,and hold Town,its officers,employees, agents, and volunteers,harmless from and against any and all claims to the extent they arise out of,pertain to,or relate to the negligence, recklessness,or willful misconduct of the Consultant, ("Claims") Consultant will hear all losses,costs, damages,expense and liability of every kind, nature and description to the extent they arise out of, pertain to,or relate to such Claims,whether directly or indirectly("Liability"). Such obligations to defend,hold harmless and indemnify the Town shall not apply to the extent that such Liabilities are caused by the sole negligence, active negligence,or willful misconduct of the Town. With respect to third party claims against the Consultant,the Consultant waives any and all rights of any type of 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 2783, as may be amended from time to time,such duties of Consultant to indemnify shall not apply when to do so would be prohibited by California CMI Code Section 2782 Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of Town. Town shall have the right to control Consultant only insofar as the results of Consultant'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 Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other Town,state,or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees,agents,and subcontractors providing services under this Agreement shall not qualify for or become 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 Consulting Services Agreement between Town of Los Altos Hills and CSG Page 7 of 14 fir J 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 Consultant Not an Agent. Except as Town may specify in writing, Consultant shall have no authority,express or implied,to act on behalf of Town in any capacity whatsoever as an agent. Consultant shall have no authority,express or implied,pursuant to this Agreement to bind Town to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement- 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws and regulations applicable to the performance of the work hereunder, including but not limited to, the California Building Code, the Americans with Disabilities Act, and any copyright,patent or trademark law. Consultant's Failure to comply with any law(s)or regulation(s)applicable to the performance of the work hereunder shall constitute a breach of contract. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity,Consultant and any subcontractors 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. Consultant represents and warrants to Town that Consultant 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. Consultant represents and warrants to Town that Consultant 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, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid Business Licenses from Town. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion,color, national origin,age, physical or mental handicap or disability, 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 Consultant under this Agreement. Consultant 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 Consultant thereby. Consulting Services Agreement between Town of Los Altos Hills and CSG Page 8 of 14 V Consultant 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 Consultant. Consultant may cancel this Agreement upon thirty(30)days'written notice to Town and shall include in such notice the reasons for cancellation. In the event of termination,Consultant shall be entitled to compensation for services performed to the effective date of termination;Town,however, may condition payment of such compensation upon Consultant delivering to Town any or all documents, photographs,computer software,video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant 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. Consultant understands and agrees that, if Town grants such an extension,Town shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement Similarly, unless authorized by the Contract Administrator,Town shall have no obligation to reimburse Consultant 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 Subcontracting. Town and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant'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 Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant 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 Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement,Town's remedies shall include,but not be limited to,the following, Consulting Services Agreement between Town of Los Altos Hills and CSG Page 9 of 14 til lfli 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 Consultant pursuant to this Agreement, 8,6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant;or 8.6.4 Charge Consultant the difference between the costs to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that Town would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant'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 Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the Town. Consultant 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 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 Consultant 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 Consultant's Books and Records. Consultant 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 Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant 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. Consulting Services Agreement between Town of Los Altos Hills and CSG Page 10 of 14 V V 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. 10.6 Use of Recycled Products. Consultant 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. Consultant may serve other clients, but none whose activities within the corporate limits of Town or whose business, regardless of location,would place Consultant in a"conflict of interest,"as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant 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 of seq. Consultant hereby warrants that it is not now, nor has it been in the previous 12 months, an employee,agent, appointee,or official of the Town. If Consultant was an employee, agent,appointee,or official of the Town in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that,if this Agreement is made in violation of Government Code §1090 et seq.,the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the Town for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject Consulting Services Agreement between Town of Los Altos Hills and CSG Page 11 of 14 V J 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. Consultant 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 ("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 Consultant shall be sent to. Cyrus Kianpour,P.E. CSG Consultants, Inc. 1700 South Amphlett Boulevard, 3rd Floor San Mateo, CA 94402 Any written notice to Town shall be sent to. Richard Chiu Jr. Town of Los Altos Hills 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 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 Consultant 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 Consulting Services Agreement between Town of Los Altos Hills and CSG Page 12 of 14 V 1013 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. Consulting Services Agreement between Town of Los Altos Hills and CSG Page 13 of 14 v The Parties have executed this Agreement as of the Effective Date. TOWN OF LOS ALTOS HILLS CONSULTANT Q ,Town Manager Cy Kin our Attest. own Clerk Approved as to Form. Steven T.Mattas,Town Attorney 1071914 1 Consulting Services Agreement between Town of Los Altos Hills and CSG Page 14 of 14 RESOLUTION NO. 11-11 A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND CSG CONSULTANTS, INC. FOR CONSTRUCTION MANAGEMENT SERVICES FOR MAGDALENA SANITARY SEWER MAIN EXTENSION PROJECT AT MAGDALENA ROAD WHEREAS, inspection/coordination services are required for the Magdalena Sanitary Sewer Main Extension Project; and WHEREAS, the City Engineer of the Town of Los Altos Hills did, duly examine and consider the proposal for required inspection/coordination services for the Magdalena Sanitary Sewer Main Extension Project; and WHEREAS, the City Engineer recommends that the contract be awarded to CSG Consultants, Inc. in an amount not to exceed$28,000.00; 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. PASSED AND ADOPTED this I l NS- d/ayy of ��eblUGk-Li , 2011. By: �k� O NYfri/S�'J Mayor ATTEST: Ci le V EXHIBIT A SCOPE OF SERVICES Consulting Services Agreement between [EFFECTIVE DATE] Town of Los Altos Hills and CSG Consultants, Inc--Exhibit A Page 1 of 1 4101 SCOPE OF SERVICES Town of Los Altos Hills Magdalena Road Sewer Main Extension Project (Construction Management and Inspection Services) The services to be provided by CSG Consultants will include assurance of compliance with development conditions of approval, encroachment permit provisions, the Town's Standards(Details,Construction Notes, Procedures,etc.),and Caltrans Standard Specifications where applicable—all with a primary focus on safety, proper signage and notification, traffic control, sensitivity to neighborhood concerns and construction site cleanliness. Construction Management CSG Consultants shall act as the Town's agent during the construction of the project and be responsible for overseeing the contractor's activities. Typical duties to be performed by the Construction Manager may include: 1. Communicating and coordinating with project participants including the Town, the contractor, testing forces and regulatory or permitting agencies. 2 Monitoring and assessing the project's fee budget and providing cost control 3. Tracking the project's progress against the schedule and contract duration 4. Resolving through involvement of the Town, as necessary,project issues that may cause the projects scope,cost or duration to vary. 5. Completing contract administration paperwork including,but not limited to; processing and reviewing RFI's, submittals, potential claims, etc. 6. Supervising the construction inspection efforts. 7 Coordinating and participating in progress meetings to discuss and resolve project issues. 8.. Reviewing and ensuring the accuracy of the contractors red-lined record drawings, preparing the final punch list and overseeing punch list item resolution. Construction Inspection Typical duties to be performed by the inspector may include: 1. Fully understanding the requirements in the plans,permit conditions and specifications. 2. Provide on-site quality control and inspection. Monitor and coordinate operations with the contractor so that critical operations are observed. 3. Bringing unacceptable work or material to the attention of the contractor and if not resolved promptly, bringing the situation to the construction manager for resolution. 4. Maintaining complete,up to date and accurate diaries and photo logs that reflect:weather conditions;contractor(and subcontractor)forces and equipment utilized;compliance with contract documents;work completed including the location,quantity and methods; testing results; communications with the contractor including instructions, suggestions and requests; instructions from the engineer; communications with the public or other agencies. 5. Reviewing construction staking and/or utility location logs. 6. Participate in meetings 7. Prepare punch list and follow through on its completion. Conduct final inspection of work In short,to manage all phases of construction activities to achieve successful project completion in accordance with the contract requirements. Page I of 1 Magdalena Sewer Extension SCOPE 1-7.11 EXHIBIT B COMPENSATION SCHEDULE Consulting Services Agreement between [EFFECTIVE DATE] Town of Los Altos Hills and CSG Consultants, Inc.--Exhibit B Page 1 of 1 44 4 K % ° ! [ ¥ « ) k ! / \ § - § // � � I . \ , = j \ I , k }" + \ : ( g CO / f f 0 32 _ _ Lc,a)co, - \{ � �Ja / } m u) \ : / } o � IMI co - - in _ . , « ~ / i _ I ! 0 _ ) : ! . o ƒ\\ ± 6 ` \ ; 2 \ - . 1- “ \ ocan ( � \ \ \ /\ \ \ \ ƒ \` ~ { � 11� ` roli� � ` ` / /\ \ \ \ � I i « I— ; ' § � \ ) o. CC CJ — § ® H _ H L / CO § ) LC C \ ti° co E f f mr 2 2 ! \ J : _ : \ \ 1 . ) gi o co C » 1 E - - � \ Si ) 0 : § k \ ) i ) \ \ \(01 . \ E � - : j /{/{\ ) 2 \ � /// \ en e, ) ( _ ; ££ \ = r , § ! ; � / to ! t \ 0 to \ \ \ 00 \\\/{\ \ \} ) \ \\ ) . ir+ 11� • EXHIBIT C PROVISIONS REQUIRED FOR PUBLIC WORKS CONTRACTS PURSUANT TO CALIFORNIA LABOR CODE SECTION 1720 ET SEQ. 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-one-half times the basic rate of pay. C The Consultant 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 17732, 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 Consultant 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 Consultant and any subcontractors engaged in performance of the services described in Exhibit A shall comply with California 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 Consultant 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 Consultant or subcontractor in failing to pay the correct rate of prevailing wages,or the previous record of the Consultant or subcontractor in meeting applicable prevailing wage obligations,or the willful failure by the Consultant or subcontractor to pay the correct rates of Consulting Services Agreement between IEFECTIVE DATE) Town of Los Altos Hills and CSG Consultants, Ino—Exhibit C Page 1 of 3 V v prevailing wages A mistake, inadvertence,or neglect in failing to pay the correct rate of prevailing wages is not excusable if the Consultant or subcontractor had knowledge of their obligations under the California Labor Code. The Consultant 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 Consultant is not liable for any penalties therefore unless the Consultant had knowledge of that failure or unless the Consultant fails to comply with all of the following requirements: 1. The contract executed between the Consultant 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 Consultant 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 Consultant 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 Consultant 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 Consultant 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: 1. The information contained in the payroll record is true and correct. 2. The employer has complied with the requirements of Sections 1771, 1811,and 1815 for any work performed by the employer's employees on the public works project. 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 Consulting Services Agreement between [EFECTIVE DATE] Town of Los Altos Hills and CSG Consultants, Inc--Exhibit C Page 2 of 3 V • CT $ l 'f January 7, 2011 Richard Chiu, City Engineer/ Director of Public Works Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Re: Construction Management and Inspection Services for the MAGDALENA ROAD SEWER MAIN EXTENSION PROJECT Dear Mr. Chiu: Thank you for inviting CSG to propose inspection, construction management and testing services for the upcoming Magdalena Road sewer main extension project, which will be developer funded. Per your request we are planning for one full-time inspector and limited construction management, QA/QC oversight. The Magdalena sewer project is a relatively straightforward project— shallow trench, relatively few utility crossings and only three sewer laterals. Nevertheless, full time monitoring, quality control and particular attention to neighborhood impacts and construction site cleanliness are essential. The CSG staff assigned has successfully dealt with numerous projects of this type, and we stand ready to help the Town assure that the Magdalena project is also successful. Exacting quality standards and clear communication will be key to maintaining the good will of the public. We will work with the contractor and the Town to provide realistic scheduling and well-crafted notifications. We are also aware of the importance of the contactor's attention to construction site safety, dust control and the need for continuous"housekeeping." Attached is a tabulation of the expected coverage needed; we are staffing this project with a professional engineering inspector and a part time resident engineer. Our Principal-in Charge will provide continuous QA/QC without direct charge to the project. The estimated fee budget of $31,097 is based on our 2010 standard rates, which we will carry forward into 2011 for this project. We estimate that the work will take about five weeks, but it may go much faster. CSG will bill for only the services actually needed. Please note the assumptions listed with the tabulation. Upon further clarification of scope, adjustments can easily be made. Should you have any questions, please contact either me at(650) 522-2529, or Nourdin Khayata, P.E., at (650) 333-0831. We look forward to working with you on this important project. Sincerely, us Ki.npour, P.E., PLS Attachments: Scope of Services; Proposed Level of Effort; CSG's Standard Fees; Staff Profiles 1700 South Amphlett Boulevard,35 Floor; San Mateo,CA 94402 Phone:650-522-2500;Far 650-522-2599 Email'.csgstatr©csgengr.com;Online at www.csgwebsite.com V fli SCOPE OF SERVICES Town of Los Altos Hills Magdalena Road Sewer Main Extension Project (Construction Management and Inspection Services) The services to be provided by CSG Consultants will include assurance of compliance with development conditions of approval, encroachment permit provisions, the Town's Standards(Details, Construction Notes, Procedures, etc.), and Caltrans Standard Specifications where applicable—all with a primary focus on safety, proper signage and notification, traffic control, sensitivity to neighborhood concerns and construction site cleanliness. Construction Management CSG Consultants shall act as the Town's agent during the construction of the project and be responsible for overseeing the contractor's activities. Typical duties to be performed by the Construction Manager may include: 1. Communicating and coordinating with project participants including the Town, the contractor, testing forces and regulatory or permitting agencies. 2. Monitoring and assessing the project's fee budget and providing cost control. 3. Tracking the project's progress against the schedule and contract duration. 4. Resolving through involvement of the Town, as necessary, project issues that may cause the projects scope, cost or duration to vary. 5. Completing contract administration paperwork including, but not limited to; processing and reviewing RFI's, submittals, potential claims, etc. 6. Supervising the construction inspection efforts. 7. Coordinating and participating in progress meetings to discuss and resolve project issues. 8. Reviewing and ensuring the accuracy of the contractor's red-lined record drawings, preparing the final punch list and overseeing punch list item resolution. Construction Inspection Typical duties to be performed by the inspector may include: 1. Fully understanding the requirements in the plans, permit conditions and specifications. 2. Provide on-site quality control and inspection. Monitor and coordinate operations with the contractor so that critical operations are observed. 3. Bringing unacceptable work or material to the attention of the contractor and if not resolved promptly, bringing the situation to the construction manager for resolution. 4. Maintaining complete, up to date and accurate diaries and photo logs that reflect: weather conditions; contractor(and subcontractor)forces and equipment utilized;compliance with contract documents; work completed including the location, quantity and methods; testing results; communications with the contractor including instructions, suggestions and requests; instructions from the engineer; communications with the public or other agencies. 5. Reviewing construction staking and/or utility location logs. 6. Participate in meetings 7. Prepare punch list and follow through on its completion. Conduct final inspection of work In short, to manage all phases of construction activities to achieve successful project completion in accordance with the contract requirements. Page 1 of 1 Magdalena Sewer Extension SCOPE 1-7-11 . 4 # \ ! ` N.� \ \ �N. \ / al a ] { c 6969 p o k \ if ON z \ ` ° 2 ` to � " ; t „ ; \ # o - . ) ( !to / - ƒ i ; _ , , _ k n ® - ± CO | o , �ID \ iTI L6 / - co ZE m.1 V } | � , , - � , � , j § k ° , , as } \ 0 _ \ ; i - { § ) k = , � 0 § _ 7575 ƒ -0 o. \ Cl) ,CC -o . \ { 40 ni 0 \ ! co 0.- ; \ _ _ \o -0 : § S 0 C DI 755 ! , ._ ! f \ ; . ! / , _ en / / - ! ) \ / 7 ! . ; 2 « en - ] # ` § ak # a1 2 r.£ { i ; 4 4.1 \ . . ) » | - ~ / � 222i \ � l \ . a !eil ! 45040) - co. - u) \ \( r- DI \k- :6 Co < co0a. e (111i 2010 STANDARD ENGINEERING FEES PROFESSIONAL ENGINEERING SERVICES - HOURLY RATES Senior Principal Engineer $200. Principal Engineer $175 Senior Engineer $160 Senior Structural Engineer $160 Associate Engineer $140 Assistant Engineer $120 Design Supervisor $110 Engineering Technician $100 Resident Engineer $155 Assistant Resident Engineer/Office Engineer $120 Constriction Inspector $110. Technical Writer/Graphic Designer $105 Administrative Support $80 Land Surveyors-2 person crew $275 Expert witness $305 Senior Planner $130 Associate Planner $115 Sustainable Programs Manager $135 Senior Environmental Program Specialist' $125 Environmental Program Specialist $115 Recycling Specialist $105 Rates reflect and include administrative costs and routine expenses such as local mileage,copying,fax,telephone, mail, in-house printing,software,and computer usage,etc. Reproduction and subconsultants are billed at cost plus 15%. CSG's Inspection and Construction Management Services are available for overtime at time and one half compensation;holidays and Sundays at double time compensation;differential pay for night work to be negotiated. Rates will remain effective through December31,2010, after which time they will be adjusted. DANIEL GONZALES,P.E. fen, -1 Resident Engineer ,(' . /. T CERTIFICATION 0 Registered Civil Engineer in California,#73877 r m EDUCATION Bachelor of Science in Civil Engineering,San Jose State University 0 Mr.Gonzales has overfiveyears of project management,construction managementin inspection experience o having worked on a variety of projects ranging from a simple roadway and bike lane improvements to full rT freeway widening and interchange projects. His most recent experience has been working with Caltrans as an extension to their staff on the Highway 101 widening and Steele Lane Overcrossing in Santa Rosa. He is very familiar with Caltrans Standards and Procedures and familiar with administrating federally funded projects including ARRA projects. Mr. Gonzales Possess excellent public relations and communication skills and is proficient in managing and negotiating contract Change Orders. He is thorough in his documentation and very detailed in his work. Some of the projects Mr.Gonzales has worked on include: HIGHWAY 1 BIKE TRAIL PHASE 2,3 AND 4- HALF MOON BAY,CA Position/Role: Responsible for submittal review and approval,calculating pay item quantities, preparing engineering cost estimates,preparing design changes for contract change orders, responses to request for information, writing and cost analysis of contract change orders,analyzing contract plans and specifications,and field inspection. Responsible for determining the appropriate changes required to meet unanticipated field conditions. Responsible for preparing final as built plans and final reports upon completion of construction. Project Description: Project scope consisted of the construction of a Class 1 Bikeway(Bike Path)along CA-1 within the Caltrans right-of-way. The path construction will include the installation of 311 of Asphalt Concrete on 811 Class II Aggregate Base on 611 of Aggregate Sub Base. The path will vary between 8 and 12 and will have 2 gravel shoulders. Three Keystone modular concrete retaining walls were constructed to facilitate alignment of the path, as well as the installation of numerous drainage systems and a headwall. Work was in close proximity to residential and commercial buildings,as well as a school. Construction Cost:$620,000 Date:May 2010—September 2010 Reference: Michael Dolder, City Manager,City of Half Moon Bay,(650)726-8793 STREET MICRO-SURFACING PROGRAM 2009- BURLINGAME,CA Position/Role: Responsible for field inspection during construction as well as determining the appropriate changes required to meet unanticipated field conditions. In addition, we provided part time resident engineer services construction oversight and assisted with project coordination. Project Description: Project scope consisted of the application of 79,716 squareyards of Micro-Surfacing, 21,500 feet of crack sealing,and of thermoplastic striping. Coordination of work to minimize the impacts to the public was one of the major obstacles during this project. Construction Cost$330,000 Date:June 2010 Reference:Victor Voong,Associate Engineer,City of Burlingame,501 Primrose Road,Burlingame,CA (650)558-7242 KING'S MOUNTAIN ROAD REPAIR AT SQUEALER GULCH(FEDERAL PROJECT ER-4441(005) a WOODSIDE,CA Position/Role: Responsible for submittal review and approval, calculating pay item quantities, preparing engineering cost estimates,responses to requests for information,field inspection during construction,as m well as determining the appropriate changes required to meet unanticipated field conditions. in addition, we provided part time resident engineer services, construction oversight and assisted with project coordination. fD Project Description: Project scope consisted of earthwork,providing and placing Rock Slope Protection, grouting under an existing gablon wall, and coordination of work to minimize the traffic impacts to the o public while working on a two lane road with minimal shoulder space. ti Construction Cost:$66,000 Date:July 2010 Reference: Eunejune Kim, Deputy Town Engineer,Town of Woodside,2955 Woodside Road,Woodside, CA 94062(650)851-6790 US-101 HOV WIDENING PROJECT(EA#04-245414) -SANTA ROSA,CA Position/Role: Office Engineer/Assistant Resident Engineer Project Description: Project consisted of three stages,during which US-101 was widened from fourth six lanes over a 2.8 mile stretch between Route 12 and Steele Lane in Santa Rosa. Additional improvements included improved on-rampsfrom westbound and eastbound Route 12 to northbound and southbound US- 101,a collector-distributor road on northbound US-101 between Route 12 and 3rd Street,the replacement of the Santa Rosa Creek Bridge,a new undercrossing at 6th Street,replacement of the underorossing at College Avenue, and the construction of retaining walls and sound walls at various locations throughout the project site. Work included asphalt concrete,concrete treated base, replacement of multiple bridges, the construction of sound walls,retaining walls,and of concrete barrier wall. Construction Cost:$79 Million Date:August 2007-April 2009 Reference: Ray Nozzari, Resident Engineer,Senior Transportation Engineer, Caltrans, 4030 Occidental Road,Santa Rosa CA 95401;(707)974-8846 Dale Legallee, Resident Engineer, Senior Transportation Engineer, Caltrans, 1009 Clegg Court, Petaluma CA 94954;(707)974-6365 STEELE LANE OVERCROSSING REPLACEMENT PROJECT(EA#04-263904) Position/Role: Office Engineer/Assistant Resident Engineer Project Description: Project was performed in conjunction with the US-101 HOV Widening Project (EA#04-245414). Project widened the Steele Lane Overcrossing from four to six lanes, replaced Steele Lane undercrossing,and widened Steele Lane to three lanes in each direction under the US-101 overpass. Work included asphalt concrete,concrete treated base,and of concrete barrier wall. Construction Cost:$13.7 Million Date:August 2007-November 2008 Reference: Ray Nozzari, Resident Engineer,Senior Transportation Engineer,Caltrans, 4030 Occidental Road,Santa Rosa CA 95401;(707)974-8846 Dale Legallee, Resident Engineer, Senior Transportation Engineer, Caltrans, 1009 Clegg Court, Petaluma CA 94954;(707)974-6385 US-101 WIDENING PROJECT BETWEEN SANTA ROSA AND WINDSOR(EAU 04-OA1OU4) Position/Role: Office Engineer/Field Inspector Project Description: Project consists of two stages,during which US-101 will be widened from four to six lanes over a 7.9 mile stretch between Steele Lane in Santa Rosa and Central Windsor Boulevard in Windsor. Work includes asphalt concrete,concrete treated base,the widening of six bridges,the construction of retaining walls, and of concrete barrier wall. Construction Cost$84 Million Date: March 2009-April 2010 Reference: Ray Nozzari, Resident Engineer, Senior Transportation Engineer, Caltrans, 4030 Occidental Road,Santa Rosa CA 95401;(707)974-8846 Dale Legallee, Resident Engineer,Senior Transportation Engineer,Caltrans, 1009 Clegg Court, Petaluma CA 94954; (707)974-6385 HILLSIDE UTILITY UNDER GROUNDING PROJECT,PHASE II-CIP#901 -TOWN OF COLMA Project Description: Installation of approximately 1900 lineal feet of joint trench,which included new 13 underground facilities for PG&E,SBC,Comcast,and Town street lighting. Installation included primary and secondary distribution conduits,utility pull boxes and vaults,decorative street light fixtures,service panel modifications,and decorative PCC sidewalk. Project included coordination with private property owners to convert their overhead service panels to underground. Construction Cost: $495,032 m Specific role: Assistant Resident Engineer In Date: August 2006—September 2007 Reference: Mr. Richard Mao, P.E.,City Engineer—Town of Colma ro' CENTENNIAL TOWERS CONSTRUCTION OBSERVATION-SOUTH SAN FRANCISCO,CA Position/Role: Assistant Resident Engineer/Inspection-Tracking and processing of all written ti documents including submittals,RFI's,change orders and progress payments. Assisting the client in all matters of the project such as interpretation of the P&S,management strategies and overall project facilitation. General inspection of construction work,such as,trenching, shut downs,temporary systems,electrical parts,mechanical parts,and testing. Keep detailed accounts of all events occurring both on site and in writing. Project Description:Construction of two towers and a parking garage. Date:2007 NATIONAL POLLUTION DISCHARGE ELIMINATION SYSTEM(NPDES)-TOWN OF COLMA,CA Position/Role: Project Oversight of the NPDES Program. Oversaw entire NPDES Program for Town; including monitoring and enforcement of the Clean Water Act, and work to prevent pollutants from being discharged into water. Project Description: As regulated by the federal agency in charge,the Town was required to implement and meet certain requirements in conformance with the NPDES. VARIOUS CAPITAL IMPROVEMENT PROJECTS-TOWN OF COLMA,CA Position/Role: Assistant Resident Engineer/Inspector Project Description: Various capital improvement projects, including the El Camino Real Project, utility undergrounding, beautification and reconstruction of Town facilities for preventative maintenance. WASHINGTON BOULEVARD/PASEO PADRE PARKWAY GRADE SEPARATION-FREMONT,CA Position/Role:Assistant Resident Engineer-Provided technical assistance on the construction of roadway and infrastructure improvements, provided cost estimates, review of field reports, field measurements, analyzed reports and tests,supervised field staff as well as scheduling and invoicing for work performed. Provided inspection and materials testing (concrete, compaction, AC, verification of steel certifications) using Caltrans specifications. Provided oversight and coordination to ensure that all materials/areas met the required specification and that all items/areas were tested properly. This included office work as well as field and lab oversight. Project Description: Project consisted of construction of an overpass on Washington Boulevard,as well as construction of an underpass on Paseo Padre Parkway to separate vehicular and pedestrian traffic from the Union Pacific railroad crossings. This was the largest public works project undertaken to date by the City of Fremont. fr+ KENNETH RACHKO, P.E. tn Principal Engineer tiM1�`� QS REGISTRATION N !/ r Professional Civil Engineer, State of California 59622 Professional Civil Engineer, State of Virginia 402-12260 Iri1 ro EDUCATION a M.S., Civil Engineering(Construction Management; Business Administration)—University of Washington, ;4 3 Seattle,WA � B.S.,Civil Engineering—Newark College of Engineering, Newark, NJ MEMBERSHIP American Society of Civil Engineers American Public Works Association Society of American Military Engineers Military Officers Association of America As a Resident Engineer, Ken Rachko, P.E., has over 30 years of construction management experience including more than 15 years as a Resident Engineer. During the construction phase, he acts as the focal point for coordination among the contractor and subcontractors,the client,and other stakeholders. These may include the construction management and inspection staff,specialty and material testing agencies,the client's(engineering or maintenance)staff,the designers,utility companies, public information consultant, the client,or ultimate facility user,etc. Mr. Rachko also has extensive background in public contracting and understands the complexities of procuring services through the public bidding process. As an experienced construction manager, he also understands the sensitivity and challenges of public construction programs. He typically initiates periodic stakeholder meetings to listen to progress,issues,and ideas so that concerns are raised quickly and dealt with before they become serious problems and impact overall progress. Mr.Rachko continually negotiates win-win conclusions to difficult and unanticipated changes during construction. In the unlikely event of contractor non-performance, Mr. Rachko has been able to quickly develop contingency plans to ensure project completion while maintaining quality construction standards. He has also been able to maintain a high confidence level of progress by conducting frequent briefings to respective clients and visitors, including: elected officials, various boards and agencies, military officers, and their respective staffs as well as the general public. He has wide-ranging experience in managing and leading multi-disciplined, diverse, engineering, and construction teams to successfully deliver quality projects within budget and time constraints. Mr.Rachko's experience in construction and project management, coupled with his background in the management of construction contracts and his attention to detail provide CSG clients with superior construction management services. Mr. Rachko has been either the Resident Engineer or provided Quality Assurance oversight on multiple projects,some of which were: • Redwood City-Recycled Water Project Phase 1-4&9 • Town of Colma-Hillside Community and Cultural Park Phase 1 • Town of Colma- Hillside Historical Park and Community Center • Town of Colma-Colma Police Facility • Town of Hillsborough-Water/Sewer System Improvements 130 (110 aid Mcs tir I January 12, 2011 Richard Chiu, City Engineer/ Director of Public Works Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Re: WEBSITE PROJECT INFORMATION AND UPDATES Dear Mr. Chiu: Thank you for requesting CSG's assistance with providing for construction project updates on the Town's website. As we have discussed, CSG can create the required framework templates and links cost effectively, as we are already providing these services for several other agencies. Depending on the complexity and features the Town desires,we should be able to do this initial set-up for under$3,500. The Magdalena Sewer Main Extension project can be the first project posted on the site and would then serve as a template for adding other projects. The template will be user-friendly and would be hosted on CSG's server at no extra cost(this is the most efficient way for the framework to operate). Town staff or others will be able to easily update the postings. If CSG is providing Construction Management services for the project, most of this information will be generated by the Inspector or Resident Engineer, and would likely require only minor editing and formatting for web updates. If CSG isn't directly involved with the construction effort,the information and photos to be posted would need to be provided by others. Depending on the complexity of the reports being made and the quality of the subject matter that is to be uploaded, the cost for a routine update will likely range from $500 to$1,000. Attached is CSG's Standard Engineering Fees for 2010. These rates will remain valid for 2011. For services provided by our IT staff, the $105 Technical Writer/ Graphic Designer rate will apply. Most of the Project Update work will be done by engineering staff, and will be at the rate listed for their classification. As you are aware, CSG is maintaining the project website for the City of Morgan Hill's Tennant / 101 Interchange Expansion Project. This site is probably more elaborate than Los Altos Hills will need, but it is a good example of the range of possibilities. Should you have any questions, please contact either me at(650) 522-2529, or Nourdin Khayata, P.E., at (650)333-0831. It would be helpful to meet with you to further develop scope and budget for this Initial set-up work. We would like to bring our IT / Website guru, Patrick Yu into this discussion; it may be helpful for your IT person to join as well. We look forward to an early launch of this feature. Sincerely ,r Cyrus Ci pour, P.E., PLS Presiden Attachment: CSG 2010 Standard Engineering Fees 1700 South Amptlet Boulevard.37 Floor, San Mateo.CA 94402 Phone'.550.522.2500;Fax:650-522-2599 Email csgstaff61749gengr.com;Online at anew.¢gwebsite.cam