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HomeMy WebLinkAboutCSG ConsultantsAGREEMENT THIS AGREEMENT is made and entered into on theday of August, 2023 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and CSG Consultants (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: Construction Inspection Services for the 2023 Pavement Rehabilitation and Drainage Improvement Project 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated August 3, 2023 3. TERMS. The services and/or materials furnished under this Agreement shall commence August 23, 2023 and shall be completed by November 30, 2023, 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 Forty-nine thousand eight hundred thirty dollars and zero cents ($49,830.00) 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 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 5 Short form Updated 4/26122 5. GENERAL TERMS AND CONDITIONS. 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: 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." 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 Page 2 of 5 Short form Updated 4126122 Town of Los Altos Hills 26379 Fremont Road 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 Town of Los Altos Hills Page 3 of 5 Short form Updated 4126122 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates [insert applicable staff title] and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference or written communication between any Town representative including Committee members and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. i. 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: John Chau Associate Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By: 8-22-2023 Sign I Date Cyrus Kianpour, President Print name, Title TOW Town of Los Altos Hills Page 4 of 5 Short form Updated 4126/22 CONSULTANTS Employee-Owned August 3, 2023 John Chau Associate Engineer/Engineering CIP Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 550 Pilgrim Drive Foster City, CA 94404 Phone: 650.522.2500 Fax: 650.522.2599 www.csgengr.com Re: Construction Inspection Services for the 2023 Pavement Rehabilitation and Drainage Improvement Project CSG Consultants, Inc. (CSG) is pleased to present this proposal to the Town of Los Altos Hills (City) to provide construction Inspection services. SCOPE OF SERVICES CSG has reviewed the project plans & specifications and understands that the project scope in general consists of a combination of various pavement rehabilitation methods and techniques including: AC overlay; 6" digouts; AC leveling course; Slurry Seal; pavement markings replacement as well as utility adjustments at various roadway locations throughout the Town.. CSG's construction inspector will perform inspection for work progress to ensure compliance with the project plans, specifications, and approved submittals throughout the project's construction. General duties will include daily photos and record keeping, prepare and distribute daily inspection reports, coordinate inspections with utility companies and residents, coordinate and oversee compaction testing, and report instances of non-compliant work. CSG's construction inspector will also serve as the inspector of record and create redlines on as -built drawings for work inspected. PERSONNEL CSG proposes Jim Mazzone to provide construction Inspection for this project. Mr. Mazzone has over 33 years of public sector experience in the fields of construction inspection, construction management, and project management. He has previously performed inspection for the Town, including the 201.9, 2020, 2022 and 2922 Pavement Rehabilitation Project, and is knowledgeable of the Town's processes and procedures and is familiar with Town staff. FOSTER CITY I PLEASAWroN I, SAN 105E I SACRAMENTd I NtWMAN I FRESO I PASO ROOLES I o.RANGE C UIN . s: r -.';'I; 11N?F�:Ti;DN lay C.ii FEE CSG understands this project is to be completed in 30 working days. CSG Is alotting 8 hours of preconstruction work, 20 hours for closeout, and 17 hours of overtime. Rates reflect and Include administrative costs and routine expenses such as local mileage, copying, fax, telephone, mail, in-house printing, software, and computer usage. We look forward to continuing our working relationship with the Town of Los Altos Hills. If you have any questions, please contact me at (650) 522-2524 or by email at nourdin@csgengr.com. Sincerely, Nourdin Khayata, PE Vice President, Construction Management Construction Inspector AF VL CONSULTANTS EDUCATION Mr. Mazzone has over 33 years of public sector experience in the fields of construction Bachelor of Science, Civil Engineering inspection, construction management, and project management. Prior to joining CSG, Mr. University of Lowell Mazzone was a Public Works Inspector for the City of Santa Clara. This role allowed him to Lowell, MA manage and inspection large and small-scale public improvement projects. The variety of projects Jim has worked on include paving and grading, pavement marking and striping, sewer and storm drain installation, ADA ramp construction, traffic signal and traffic signal interconnect construction, management of highway heavy constriction, Including cast -in-place pre -stressed concrete bridges, underground, earthwork, grading and paving and pile driving. RELEVANT EXPERIENCE 2021 Annual Pavement Project I Town of Los Altos Hills, CA 2020 Annual Pavement Project I Town of Los Altos Hills, CA Annual Pavement Project I Town of Hillsborough, CA 2020 Pavement Rehabilitation Project I City of Daly City, CA Mr. Mazzone served as the primary construction inspector for this federally funded pavement rehabilitation project, The scope Involved the removal and replacement of hot mix asphalt, dig out repairs, FDR treatment method, signage, and striping. The project also involved ADA curb ramp upgrades, sidewalk and C & G replacements, and utility adjustments. Edgewater Boulevard Pavement Rehabilitation Project I City of Foster City, CA Mr. Mazzone served as the construction inspector for this federally funded pavement rehabilitation project. The scope involved the removal and replacement of hot mix asphalt with dig out repairs and striping which incorporated buffered bike lanes and bicycle facility markings. The project also included 20 ADA ramps upgrades, sidewalk replacement, and utility adjustments. 2019 Pavement Rehabilitation Project I Town of Los Altos Hills, CA As a construction Inspector for this pavement project, Mr. Mazzone inspected a combination of several pavement rehabilitation methods including slurry seal, digouts, 2,235 tons of 1.5" AC overlay, and 1,184 tons of 2" AC. Traffic control and coordination with residents were critical elements to the success of this project. Public Works Inspector I City of Santa Clara, CA Mr. Mazzone served as a public works inspector for the City of 6 years. During this time he Inspected numerous capital improvement and private development projects which included roadway, sewer, and waterline improvements. The following is a sample of the projects on which Mr. Mazzone has managed: • 2018 Pavement Surface Treatment Project: Project Cost $4.7 million, included 13,500 tons of deep lift AC, 315,000 SY of slurry seal, 147,000 SY of rubberized chip seal, 170 ADA ramps, 70 traffic loops and all associated striping and signage • Graham Neighborhood Rebuild: Reconstruction of approximately 4000 LF of neighborhood road and sidewalk • San Thomas Creek Trail on Street Enhancement Project: Project included AC, slurry seal, green colored bicycle lane Thermoplastic, and associated signage and striping • Tasman Bicycle Lane Improvements: Project Cost $512,000. Project included slurry seal, and all associated striping and signage • Mission College Bike Lane: Project Cost $415,000. Project included AC deep lift repair, slurry seal and striping ® 2015-2016 curb ramp project: Project included 72 curb ramps • 2016-2017 curb ramp project: Project included 50 curb ramps 0 2018 Pavement Surface Treatment Project: Project included 170 Ramps CONSULTANTS Rabello and Northside lift station Generator project: Project Cost $1.1 Million Project included installation of a 750 kVA, 600 KW and 437 kVA 350 KW Generators including the associated transfer switches, switch gear and fuel tanks Rabello Flow Meter, Pump Station, and Appurtenance Project: Project cost $2.2 Million. Project Included structural modifications and additions to the Rabello, Northside lift stations and the sewer treatment outfall structure. The project also included modification to piping, installation of new flow meters and all the associated electrical, water, and control work. Other duties while serving as a public works inspector have included: • Encroachment Permits: Inspected approximately 400 encroachment permits. Permits included: paving and grading, curb, gutter and sidewalks, ADA ramps, driveway approaches, traffic signals, sewer, water, and storm drain piping, pump stations, striping and traffic signage.