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Home My WebLink AboutCSG, Inc. (30)AGREEMENT THIS AGREEMENT is made and entered into on the 2atday of May , 2008 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: Field Survey Staking a portion of Equestrian and Pedestrian Trail Easement between Clausen Court and Barley Hill Road 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement. Proposal from CONTRACTOR dated May 9, 2008 3. TERMS., The services and/or materials furnished under this Agreement shall commence May 19, 2008 and shall be completed by May 30, 2008, 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 two thousand nine hundred fifty dollars and zero cents ($2,950,.00) within thirty-five (35) days following 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.,—C-O-NTRA-C--T--0Ri-s-r.esp-onsibl-e.for.r.r-Lon.i-t-orin.g=its--cLw-n- f-or-c-e-s/-em.p-l-o-y-e-e-s/a.g-en--ts/--- 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 I of 4 Not lo meed $15.000 per fiscel year Updated 3 17 08 C", 5.. GENERAL TERMS AND CONDITIONS. hh N ✓ a.. HOLD HARMLESS., COZNTRACTO agrees to indemnify, defend and hold office r Ic harmless the TOWN, its office , agents and employees from any and all employees demands, claims or liability personal agents and (including death) and property damage of any nature, 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 Linder this Agreement as follows-, WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less than two (2) times the occurrence limit. iii, AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence, iv. ERRORS AND OMISSIONS INSURANCE. $1,000,000.00 aggregate. v, NOTICE OF CANCELLATION. The City requires 30 days written notice of cancellation, Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives," CATS -OF- INS -U- ZANC-E., -Prior to. commencement -of s�rvices, 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 - Contracts 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Not to exceed $15.000 per fiscal year Updated 3 17 09 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 consen of oth 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 Not to exceed $15.000 per (Istat year Updated 3.17 00 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: Richard Cliiu, Jr. City Engineer/Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Not to exceed $15.000 per fiscal year Updated 3 17 08 CONTRACTOR: i3 ; Z- L" Y .� gnatur f, ate C-1 rL Print name, Title TOWN OF LOS ALTOS HILLS B h 5"2209 v - Carl Cahill, City Manager bate Page 4 of 4 May 8, 2005 Town of Los Altos Hills Mr, Richard Ulu - City Engineer/ Director of Public works 26379 Fremont Road Los Altos Hills, CA 94022 Re: Equestrian and Pedestrian Trail Easement — f=ield Survey Staking Between Clausen Court / Wild Barley Road and El Monte Avenue Off -Ramp Dear Mr. Chiu, We are pleased to present CSG's proposal for staking a portion of the referenced Equestrian / Pedestrian Trail easement as depicted on the exhibit which your office furnished to me. We have reviewed and will base our survey on the maps for Tract No. 8217, Olympian Acres (filed for record in Book 617 of Maps at Pages 31 &. 32) and Tract 6069, Wild Barley Hill (Book 403 of Maps at Pages 5 through 7). We also investigated the site in the field. We propose the following scope of work. We will locate existing rnonumentation set or found in conjunction with the two tract maps listed in the foregoing paragraph sufficient to identify the limits of the trail easements as requested. We propose to set an eight inch (60d) splice with lath and flagging at each of the nine points identified on the exhibit furnished to us (See attached Exhibit "A'�. The bearing of the northwesterly limit of the trail easement is not shown on the map for Tract 8217, We will assume the intent is that this line is perpendicular to the southwesterly line of the tract which bears North 290 41' 36" West with a length of 200.30 feet betvdeen` found-iio—.h pipes;` lTpori '"" -_...__.....___._._. completion of the Field survey work., we will provide a plat clearly identifying existing boundary monuments found, points set and their relationship to the boundaries of the two tracts, Our fee for the scope identified above will be between $2,350 and $2,950, depending on the number and location of existing monuments we find in the fleld. We appreciate the opportunity to provide additional survey services to the 'T'own of Los Altos --- -- — Hili5,w.---If=-ou-have-an - uestions lease=contact—nie=directs - c r-us@es-en r.c-om=-or b- _ hole Y Y q- p Y( -Y 9 9-=- )- Y -p -- --- at (650) 522-2500, Sincerely, Cyrus K€anpour, P,E., P,L.S, Vice President, Engineering Enclosure 1700 South Amphlell Boulevard, 31tl Floor; San Mateo, CA 94402 Phone: 660-522.2500:Fax: 650.522-2599 Email: osgsta%osgengr corn; Online at www espebslle corn SCALE: 1 "=80' (3o �� \ 4„ LEGEND ® STANDARD CITY MONUMENT (EXISTING) IRON PIPE CORNER MONUMENT (EXISTIN(3) ® TO BE SEI" EXHIBIT A - PROPOSED TRAIL EASEMENT STAKING MAY 8, 2008