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HomeMy WebLinkAboutCSG, Inc. (16) AGREEMENT THIS AGREEMENT is made and entered into on the 2s day of atoberie , 2018 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 Provide construction inspection services for the Purissima Sanitary Sewer Extension Project 2 EXHIBITS The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated October 23, 2018 3 TERMS The services- and/or materials furnished under this Agreement shall commence 10/29/18 and shall be completed by 11/09/18, 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 nine thousand forty- five dollars and zero cents ($9,045) 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 4 Short form Updated 4/23110 5 GENERAL TERMS AND CONDITIONS s. 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 Minimumstatutory 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 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 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 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services Town of Los Altos Hills Page 3 of 4 Short form Updated 4/23/10 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. Nichol Bowersox Public Works Director Town of Los Altos Hills By- •_ - 26379 Fremont Road Si. ature I Date Los Altos Hills, CA 94022 C rus Kianuour, President Print name,Title TOWN OF LOS ALTOS HILLS By. °Ana 1 -2S-1 g Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 Form W.119 Request for Taxpayer Give Form to the (Rev November2017) Identification Number and Certification requester Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.irs.gov/FormW9 for instructions and the latest information. 1 Name(as shown on your income tax return).Name is required on this line;do not leave this line blank. CSG Consultants,Inc. 2 Business name/disregarded entity name,if different from above m3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the 4 Exemptions(codes apply only to m following seven boxes. certain entities,not individuals;see a instructions on page 3): o 0 Individual/sole proprietor or ❑ C Corporation 0 S Corporation 0 Partnership ❑Trust/estate rA single-member LLC c Exempt payee code(if any) ao ❑ Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► Note:Check the appropriate box In the line above for the tax classification of the single-member owner. Do not check o � 9 Exemption from FATCA reporting w LLC if the LLC is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is ( y) ';_0 another LLC that is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that code if an a. 0 is disregarded from the owner should check the appropriate box for the tax classification of its owner o Instructions)d1 ❑ Other(see ► (Applies to accounts maintained outside the U.S.) to 5 Address(number,street,and apt,or suite no.)See instructions. Requester's name and address(optional) in 550 Pilgrim Drive 6 City,state,and ZIP code Foster City,CA 94404 7 List account number(s)here(optional) Part I Taxpayer Identification Number(TIN)" Enter your.TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a • resident alien,sole proprietor or disregarded entity,see the instructions for Part I,later For other entities,it is your employer identification number(EIN).If you do not have a number,see How to get a TIN,later or Note:If the account is in more than one name,see the instructions for line 1 Also see What Name and I Employer identification number Number To Give the Requester for guidelines on whose number to enter - 9 1 - 2 0 5 3 7 4 9 Part 11 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(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 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 for Part II,later Sign Signature of Here U.S.person► / '" "`�' Date► 10-15-18 General Instructions •Form 1099-DIV(dividends,including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise .Form 1099-MISC(various types of income,prizes,awards,or gross noted. proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage interest),1098-E(student loan interest), information return with-the IRS must obtain your correct taxpayer 1098-T(tuition) identification number(TIN)which.may be your social security number •Form 1099-C(canceled debt) (SSN),individual taxpayer identification number(ITIN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer identification number(ATIN),or employer identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an information return.Examples of information returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099-INT(interest earned or paid) be subject tO)backup withholding.See What is backup withholding, later Cat.No.10231X Form W-9(Rev.11-2017) PROPOSAL TO THE Town of Los Altos Hills FOR Construction Inspection Servicesfor the Purissima r Sewer. Extension Project PREPARED BY CSG Consultants, Inc. October 23,2018 550 Pilgrim Drive,Foster City,CA 94404 CSG Phone(650)522-2500 I Fax(650)522-2599 I www.csgengr.com C_ONSULTANTS Foster City•Pleasanton•San Jose•Sacramento•Newman•Orange•Redlands Cover Letter October.23,2018 Nichol Bowersox, PE Director of Public Works/City Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 RE.Construction Inspection Services for the Purissima Sewer Extension Project Dear Ms. Bowersox: CSG Consultants,Inc. (CSG)is pleased to present this proposal to the Town of Los Altos Hills(Town)to provide construction inspection services for the Purissima Sewer Extension Project(Project) UNDERSTANDING SCOPE OF SERVICES We understand the project scope primarily involves the extension of approximately of 230 LF of PVC SDR 26 sewer line on Purissima Road We further understand that material testing is excluded from CSG's scope of services. CSG's construction inspector will perform inspection for work progress to ensure compliance throughout the project's construction.General duties will include daily photos and record keeping,daily inspection reports, coordinate inspections with utility companies and residents,coordinate special testing and inspection,and report instances of non-compliant work. QUALIFICATIONS CSG is proposing Saeid Mostafavi to perform the inspection of this project. He brings over 27 years of construction inspection experience -He has recently performed inspection of sewer improvements for the City of Burlingame. His resume is provided on the following page for the Town's review FEE SCHEDULE Given the anticipated level of effort and the duration of the project,we are proposing the below fee. Our proposed fee assumes eight(8)working days at(8)hours per day and three(3) hours for project closeout. j Employee Hourly Rate T Hours Cost Saeid Mostafavi $135 67 $9,045 Construction Inspector TOTAL COST $9,045' All hourly rates include overhead costs including,but not limited to,salaries,benefits, Workers Compensation Insurance, and office expenses. We look forward to working with the Town of Los Altos Hills on this project. If you have any questions,please contact me at 650 522-2524 Sincerely, Z/Z;?-4--- Nourdin Khayata, PE Vice President,CSG Consultants, Inc. CSG CONSULTANTS Saeid Mostafavi CSG CONSULTANTS Construction Inspector `OOF EDUCATION Mr Mostafavi's.experience encompasses over 27 years of various public works Bachelors of Science, Mechanical Engineering construction efforts including roadway rehabilitation, underground water,sewer,storm University of Texas and utility improvements,traffic improvements and SWPPP compliance. He is familiar I El Paso,TX with standards and best practices established by Caltrans in the Standard Plans and Specifications,as well as"Greenbook"Standards for Public Works Inspection and various KEY QUALIFICATIONS other applicable standards for public works construction Mr Mostafavi has been trained Assistant Resident Engineer I Construction Manager •in National Pollutant Discharge Elimination System (NPDES) compliance issues and is very (Contract Administration) knowledgeable in applying those mandates in his assessment of construction sites. He.is Construction Inspection I Transportation also experienced in MTC's Pavement Management Program and can perform PCI Distress (roads, trails,parking lots, underground utilities) Identification Inspections. Consulting Engineer I Industrial Processes Mr Mostafavi has worked as project inspector for a number of cities in Northern Business owner I Transportation Industry California including Colma,Redwood City, Hillsborough, East Palo Alto,San Bruno,and NPDES SWPPP Storm Water Seminar/QSP Training South San Francisco. MTC Pavement Distress RELEVANT EXPERIENCE Crystal Springs-El.Cerrito Phase II Sewer Improvement I Town of Hillsborough, C A Mr Mostafavi served as the lead construction inspector for the installation of over two miles of 26"-28"fusible high density polyethylene(HDPE)gravity sewer main to replace the existing pipe.The project included the installation of over 60 new sewer manholes, 75 service lateral re-connections,system bypassing through portions of the existing pipeline,and four drilled concrete stitch pier walls to stabilize the adjacent San Mateo Creek embankment and support the utility work. 215 Street Resurfacing Project I Town of Hillsborough, C A Mr Mostafavi served as the primary construction inspector for the rehabilitation of approximately 26 miles of roadways.The rehabilitation included Asphalt Concrete Overlay,Cape Seal, Microsurfacing,and Crack Sealing treatments. His duties included verifying limits of work,observing the placement of materials and ensuring they are in accordance with the Design and Specifications,as well as to document the construction activities and reporting to the Resident Engineer of the progress. Mr Mostafavi maintained a Daily Report outlining that type of work performed as well as the crews and equipment utilized on site,and provided photographic documentation to support the written report. He was also responsible for keeping up to date quantities and red-lines of any changes to accurately record any approved changes to the contract documents. Redwood City Recycle Water Project I City of Redwood City, CA As construction inspector, Mr Mostafavi oversaw the installation of 2,300 feet of recycled water double containment HDPE pipe and 3,250 feet of recycled water PVC pipe, ranging from 8"to 20"in diameter The project included HDPE fusions,new leak detection structures,ductile iron fitting and joint restraints, butterfly and gate valves, blow-offs,air valves,recycled water services,wax tape and galvanic zinc anode cathodic protection,connections to existing lines,and a slurry seal He was responsible for daily inspection,SWPPP,and project coordination with utility agencies. Water MainUpsizing—Tidelands Park I City of Foster City, CA Mr Mostafavi provided construction inspection for the upsizing of a water line feeding into a new development.The project involved the coordination between Foster City and San Mateo,and construction took place along a wetland. Magdalena Sewer Extension Project I Town of Los Altos Hills, CA