HomeMy WebLinkAboutCSG, Inc. (34)AGREEMENT
THIS AGREEMENT is made and entered into on the (3'(hday of f0 -c, , 20 to
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:
Perform field survey and design for the Purissima Road and
La Paloma Road Drainage Project,
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated December 3, 2010
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 1/03/2011 and shall be completed by 1/31/2011, 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 eleven thousand one
hundred fifty dollars and zero cents ($11,150.00) within thirty (30) days following
receipt of invoice and completion/delivery of services/goods as detailed in
Sections 1, 2, and 3 of this Agreement and. only upon satisfactory
delivery/completion of goods/services in a manner consistent with
professional/industry standards for the area in which CONTRACTOR operates.
TOWN is not responsible for paying for any work done by CONTRACTOR ar 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 4/23/10
�L C !2.
5. GENERAL TERMS AND CONDITIONS. Ufa He C,clerlf eeuu"seri � fxie»ej1,3eal,`&
a. HOLD HARMLESS. CONTRACTOR grees to indemnify, defend and hold Vsezh a`w > a`"w
harmless the TOWN, its officers, gents and employees from any and all®
demands, claims or liability of ersonal injury (including death) and propeftY -.%
damage of any nature, performance o`f`w" w
CONTRACTOR under this Agreement. With regard to CONTRACTOR'S work
product, CONTRACTOR agrees to indemnify, defend and hold harmless the `-'
TOWN, Its officers, agents and employees from any and all demands, claims or
liability of any nature to the extent caused by the negligent performance of
CONTRACTOR under this Agreement.
b. INSURANCE. CONTRACTOR shall file with the TOWN a certificate of
insurance before commencing any services under this Agreement as follows:
WORKERS COMPENSATION INSURANCE: Minimum statutory
limits.
COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE: General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form,
personal injury, broad form personal damage, contractual and
premises/operation, all on an occurrence basis. If an aggregate limit
exists, it shall apply separately or be no less than two (2) times the
occurrence limit.
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
v. NOTICE OF CANCELLATION: The City requires 30 days written
notice of cancellation. Additionally, the notice statement on the
certificate should not include the wording "endeavor to" or "but failure
to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services,
evidence of insurance coverage must be shown by a properly
executed certificate of insurance and it shall name "The Town of Los
Altos Hills, its elective and appointed officers, employees, and
volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the
insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Short form
Updated 4/23/10
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:
Richard Chiu
Public Works Director
Town of Los Altos Hills By:
26379 Fremont Road
Los Altos Hills, CA 94022
F I II I l l IQI 1 IC, I IIIC
TOWN OF LOS ALTOS HILLS:
BY: Q--.,6& � P
Carl Cahill, City Manager Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4/23/10
December 3, 2010
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA
Attn: Mr. Richard Chui, P.R., Public Works. Director
Dear Mr. Chui:
CSG Consultants (CSG) is pleased to present this proposal for survey and design
services for the Purissirna Road and La Paloma Road Drainage Project. It is our
understanding that ponding occurs on the northeast corner of the intersection and the
Town desires to remedy the ponding. The closest storm drain system connection point
is several hundred feet away, so constructing a method for the surface water to
continue to flow down the road would appear to be the more feasible solution. CSG will
provide a detailed survey to identify low and high points in the road, then redesign the
roadway surface features to prevent future ponding. Our initial thoughts were to
construct a concrete valley gutter through the intersection, or re -grade the road surface
to remove any low spots for ponding to occur.
Conduct a field survey and create a topographic map and base sheets of the
intersection, which shall include the roadway, shoulders, signs, utilities, and
vegetation.
0 Research existing utility maps and incorporate findings into 'mapping.
1700 South Amphlett Boulevard, 31d Floor; San Mated, CA 94402
Phone: 050-622-2600; Fax: 660-522-2599
Email: c3gstaff@osgengr,com; online at www,c§gwebsite.com
Town of Los Altos Hills
Purissima Rd / La Paloma Rd Drainage
Attn: Richard Chui, P.E.
December 3, 2010
Page 2
e Prepare preliminary design layout and details
0 Develop preliminary engineer's estimate
0 Meet/Discuss with the Town the proposed design
e Incorporate Town comments into design
e Finalize design layout, details, and construction estimate
® Develop specifications to be added as construction notes on plans
• Submit final documents
• All topographic mapping and design plan files will be developed in AutoCAD
• Field survey will be based on an assumed coordinate system and datum.
• Technical specifications shall be displayed on the plan sheets as construction
notes; no additional specifications documents shall be prepared.
e Right of Way information will be provided by the Town. No right of way resolution
is assumed,
e No permitting and/or environmental clearance.
e Reproduction.of bid documents is not included.
e Assistance during bidding and construction support/inspection is not included.
e - Preliminary design plans and estimate, submitted via email in PDF format
Q Final design plans and estimate, submitted via email in PDF, Excel & CAD files.
1700 South Amphlett Boulevard, 3ftl Floor; San Mateo, CA 94402
Phone: 650-522.2500; fax: 650.522-2599
Email: csgstaff@csgengr.com; Online at wv✓w.csgwebsite.com
Town of Los Altos Hills
Purissima Rd / La Paloma Rd Drainage
Attn: Richard Chui, P.E.
December 3, 2010
Page 3
Surveying and Base Sheet Development — 1 week (weather permitting)
® Preliminary Design — 1 week
* Town Preliminary Design Review —1 week
® Final Design ---1 week
CSG can start this project in the beginning of January and have the final design
documents by the end of January, weather permitting.
The cost estimate for providing these services is $11,150. A detailed breakdown of this
estimated is found in the attached "Work Cost Proposal and Resource Allocation" sheet,
If you have any questions, please call Ed Slintak, P.E. at 650-522-2533.
Sincerely,
CSG Consultants, Inc.
Cyrus Kianppour, P.E., P
Vice President
1700 South Amphlett Boulevard, 3r' Floor; San Mateo, CA 94402
Phone: 660'522-2500; Fax: 650-522-2599
Email: csgstaff@csgengr.com; Online at wvm.csgwebsite.com
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