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HomeMy WebLinkAboutCSG Consultants (4)AGREEMENT THIS AGREEMENT is made and entered into on the IAay of March 2024 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: Perform pavement repair (digouts) layout and measuring quantities during project design phase. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A — Proposal from contractor dated March 7, 2024. 3. TERMS. The services and/or materials furnished under this Agreement shall commence March 18, 2024 and shall be completed by April 12, 2024, 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 fourteen thousand eight hundred fifty dollars ($14,850.00) 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: i. 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 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. 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 the Utility Engineering Manager 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: Signature �J March 12, 2024 Date Nourdin Khayata, Secretary Print name, Title T B Town of Los Altos Hills Page 4 of 5 Short form Updated 4(26122 CSG CONSULTANTS Employee-Owned March 7, 2024 John Chau Associate Engineer/Engineering CIP Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Re: Support Services for the 2024 Pavement Rehabilitation Project 550 Pilgrim Drive Foster City, CA 94404 Phone: 650.522.2500 Fax: 650.522.2599 www.csgengr.com 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 the Town is seeking services for the 2024 Pavement Rehabilitation Project. The scope of work will include field work to assist with marking digouts. PERSONNEL CSG proposes Jim Mazzone to provide construction inspection for this project. Mr. Mazzone has over 34 years of public sector experience in the fields of construction inspection, construction management, and project management. 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 90 hours of work. 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 Jim Mazzone Construction Inspector CSG CONSULTANTS I%QWN EDUCATION Mr. Mazzone has over 34 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 ( 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 CSG CONSULTANTS e' 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. Form (Rev. Departr Internal N 'D tM m a c 0 N C 3 o� c 'a d V Q Q . (D W W-9 Request for Taxpayer Give form to the )ctober 2007) Identification Number and Certification requester. Do not lent of the Treasury send to the IRS, Revenue Service Name (as shown on your income tax return) Business name, 1 different from above Check appropriate box: ❑ Individual/Sole proprietor ❑ Corporation ❑ Partnership ❑ Limited liabilitycompany. Enter the tax classification p y. (D=disregarded entity, C=corporation, P=partnership) ► _______ Exempt ❑ ❑ Other (see instructions) ► payee Address (number, street, and apt. or suite no.) Requester's name and address (optional} Town of Los Altos Hills 26379 Fremont Road City, state, and ZIP code Los Altos Hills, CA 94022 List account number(s) here (optional) Taxpaver Identification Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3. or Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification Instructions. You must cross cut item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructions on page 4. Sign Signature of Here U.S. person ► Date ► General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3. Claim exemption from backup withholding if you are a U.S. exempt payee. If applicable, you are also certifying that as a U.S. person, your allocable share of any partnership income from a U.S. trade or business is not subject to the withholding tax on foreign partners' share of effectively connected income. Note. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: • An individual who is a U.S. citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). Special rules for partnerships. Partnerships that conduct a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner is a foreign person, and pay the withholding tax. Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who groes Form W-9 to the partnership for purposes of establishing its U.S, status and avoiding withholding on its allocable share of net income from the partnership conducting a trade or business in the United States is in the following cases: USf • The . . owner o a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007)