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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 OI O � 6 d �I o 0M O7 s{ L!) O 0 rl' o o lfi p -. o LD ff• o o f Lo o LD td) U"' - O I d EFT M N. 6A O CV &?' mac. N ff} N ffl N H3 L (�} '�' 4r,OB f ✓ ., N t" N (fi N•ONO 6M, W, dam' 64 r «3 �. i rM�•& L j - W:M�f� M M (A (DINI(D coM NW POIN, 0 ,. I ❑; }aoddn , ,UIUA pv o SZS - Nwg ��x, a k a R" N W 3 w ; W o o co al 1 1 L 1 I WPL9d f�yJ O U O SN v W Z V�' '33F: : Y' C> s d O may, _.. _.- ............ Mel N [. — _. _ . .} y uelolmpaj p aaaugGlU� N ,* q u61sa4 N .IaaUo6U3 nto V', d' M { C; }US}SISSFd..... 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