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HomeMy WebLinkAboutCSG Consultants Inc. 3.11.2025AGREEMENT THIS AGREEMENT is made and entered into on the 11th day of March, 2025 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: CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Technical Support and Peer Review of the Biological Resources Supporting Information, 23503 Ravensbury Avenue 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated March 4t" 2025 3. TERMS. The services and/or materials furnished under this Agreement shall commence upon execution of the contract and shall be completed by 12/31/2025, 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 five thousand five hundred dollars and zero cents ($5,500) 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. 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: Jay Bradford Community Development Director 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 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: TOWN LTOS HILLS: CONTRACTOR: r By: 3 j By: — 3/13/25 Peter irnej Da ian ur, Date City Man er res dent, SG Consultants, Inc. CSG CONSULTANTS Employee-Owned March 4, 2025 Johnathan Fox, AICP, Associate Planner Jay Bradford, Community Development Director 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 Subject: Scope of Work and Budget for CEQA Technical Support and Peer Review of the Biological Resources Supporting Information, 23503 Ravensbury Avenue Dear Mr. Fox, CSG Consultants (CSG) is pleased to submit this cost proposal and scope of work to provide CEQAtechnicaI support and a peer review of the biological resources supporting information for 23503 Ravensbury Avenue (APN 331-17-062). It is our understanding that the proposed project includes the development of a single-family home and associated infrastructure. We understand that the proposed project may be eligible for review pursuant to CEQA Class 15303, New Construction or Conversion of Small Structures. CSG has partnered with WRA to peer review the Live Oaks Associates Memo (LOA Memo) dated October 1, 2024, to determine whether the LOA Memo adequately addresses the potentialfor presence of (and potential impacts to) special -status species to support a CEQA Categorical Exemption (CE) and to determine whether it adequately substantiates the exceptions to CEs provided under CEQA Guidelines Section'! 5300.2. WRA's peer review would include the completion of an independent desktop -level analysis, including recent documentation of special -status species occurrences in CNDDB, and other publicly available data. Additionally, as part of the peer review process, a qualified WRA Senior Biologist will conduct a reconnaissance - level site visit to verifythe existing conditions as described in the 2013 Olberding Report and LOA Memo. The peer review includes the submittal of a draft peer review memo to the Town; and, if necessary, a follow up meeting, a round of edits and/or responses to one set of consolidated comments, and submittal of the final peer review memo to the Town. This scope also includes CEQA technical and project management support from the CSG team, including CSG attendance at up to four coordination meetings. The estimated budget to complete the assignment is $5,500. The peer review can be completed within one week of authorization to proceed. Thank you for the opportunity to submit this proposal. Please do not hesitate to contact Glenn Lajoie if you have any questions at 714.815.8124 or glennl@csgengr.com or Liza Debies at 314.591.7979 or lizad@csgengr.com. Sincerely, Cyrus Kianpour, PE, PLS President, CSG Consultants, Inc. Scope for CEQA Technical Support and Peer Review of the Biological Resources Supporting Information, 23503 Ravensbury Avenue