Loading...
HomeMy WebLinkAboutCSG Consultants (3)AGREEMENT THIS AGREEMENT is made and entered into on the3Oday of November, 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 pavement restoration and construction of the Viscaino Rd Sewer Main Extension project 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated October 6, 2023 3. TERMS. The services and/or materials furnished under this Agreement shall commence December 1, 2023 and shall be completed by December 29, 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 Twenty thousand dollars and zero cents ($20,000.00) 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 4/26/22 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. 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 4/26/22 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 4/26/22 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. 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: Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/26/22 CONTRACTOR: By: 11-27-2023 Signature Date Nourdin Khayata, Secretary Print name, Title TOWN O TO HILLS: By: Peter Pirneja City Manager Date Page 4 of 5 CSG CONSULTANTS Employee-Owned October 6, 2023 Melissa Elian-Carrillo Assistant Engineer 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.csgpngr.com Re: Construction Inspection Services for an Emergency Project to Restore a Failing Railway (Project) CSG Consultants, Inc. (CSG) is pleased to present this. proposal to the Town of Los Altos Hills (Town) to provide construction inspection services. SCOPE OF SERVICES CSG understands that the Town is seeking full-time construction inspection for an emergency project to restore a failing roadway. CSG understands that the project duration will be two weeks (10 working days) beginning on Tuesday, October 10, 2023. 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 Saeid Mostafavi to provide construction inspection for this project. Mr. Mostafavi's experience encompasses over 30 years of various public works construction efforts including roadway rehabilitation, underground water, sewer, storm and utility improvements, traffic improvements and SWPPP compliance. He is familiar 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 other applicable standards for public works construction. FOSTER CITY I PLEASANTON I SAN JOSE I SACRAMENTO I NEWMAN I FRESNO I PASO ROBLES I ORANGE CSG PROPOSAL TO THE TOWN OF LOS ALTOS HILLS CONSTRUCTION INSPECTION SERVICES FEE Provided below is CSG's proposed fee for this project. The cost estimate does not include overtime or weekend work. CSG is budgeting for two weeks of work (80 hours). 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 Saeid Mostafavi CSG CONSULTANTS Construction Inspector EDUCATION Mr. Mostafavi's experience encompasses over 30 years of various public works Bachelors of Science, Mechanical construction efforts including roadway rehabilitation, underground water, sewer, storm Engineering and utility improvements, traffic improvements and SWPPP compliance. He is familiar University of Texas with standards and best practices established by Caltrans in the Standard Plans and EI Paso, TX Specifications, as well as "Greenbook" Standards for Public Works Inspection and various other applicable standards for public works construction. Mr. Mostafavi has been trained KEY QUALIFICATIONS in National Pollutant Discharge Elimination System (NPDES) compliance Issues and Is very Assistant Resident Engineer I knowledgeable in applying those mandates in his assessment of construction sites. He is Construction Manager (Contract also experienced in MTC's Pavement Management Program and can perform PCI Distress Administration) Identification Inspections. Construction Inspection I Mr. Mostafavi has worked as project inspector for a number of cities in Northern Transportation California including Colma, Redwood City, Hillsborough, East Palo Alto, San Bruno, and (roads, trails, parking lots, underground South San Francisco. utilities) Consulting Engineer I Industrial RELEVANT EXPERIENCE Processes Crystal Springs - EI Cerrito Phase II Sewer Improvement I Town of Hillsborough, CA Business owner I Transportation Mr. Mostafavi served as the lead construction inspector for the installation of over two miles Industry 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 NPDES SWPPP Storm Water Seminar/ re -connections, system bypassing through portions of the existing pipeline, and four drilled QSP Training concrete stitch pier walls to stabilize the adjacent San Mateo Creek embankment and support MTC Pavement Distress the utility work. Street Resurfacing Project I Town of Hillsborough, CA 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 Main Upsizing —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.