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• • <br /> • <br /> AGREEMENT <br /> BY THIS AGREEMENT made and entered into on the February 8,2007 by and between the TOWN OF LOS ALTOS HILLS. <br /> (hereinafter referred to as TOWN) and EPS Inc., at 293 N. Amphlett Blvd., San Mateo, CA 94401 (hereinafter referred to as <br /> CONTRACTOR). In consideration of their mutual covenants,the parties hereto agree as follows: <br /> 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: replace approximate.562 feet <br /> long existing sanitary sewer main with 8"PVC SDR 26 pipe at 26030 Newbridge Drive. <br /> 2. EXHIBITS. The following attached exhibits hereby are made a part of this,Agreement:Sanitary Sewer Replacement Plan <br /> 3. TERMS. The services and/or materials furnished under this Agreement shall commence by February 12,2007 and complete <br /> by February 28,2007.All work shall conform'to all current local,regional,state and federal requirements. ' <br /> 4. COMPENSATION..For the full performance of this Agreement: ' <br /> a. TOWN shall payCONTRACTOR: LumpSum Price of 62 000.00 <br /> $ , <br /> b. No costs of Contractorshall be reimbursed by the Town. <br /> 5. GENERAL TERMS AND CONDITIONS. <br /> a. HOLD HARMLESS. Contractor agrees to indemnify, defend and hold harmless the TOWN, its officers, agents and <br /> employees from any and all demands, claims'or,liability of personal injury(including death) and property damage of <br /> any nature, caused by or arising out of the performance of Contractor under this Agreement. With regard to <br /> Contractor's work product, Contractor agrees to indemnify, defend and hold harmless the TOWN;its officers, agents <br /> and employees from any and all demands, claims or liability of any nature to the extent caused by the negligent <br /> performance of Contractor under this Agreement. <br /> b. INSURANCE. Contractor shall file with the TOWN a certificate of insurance before commencing any services under <br /> this agreement meeting minimum coverage requirements established by TOWN's City Manager.. <br /> c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this agreement <br /> because of the race,color,national origin,age,ancestry,religion or sex of such person. <br /> d. INTEREST OF CONTRACTOR. It is understood and agreed that this agreement is not a contract ofemployment in <br /> the sense that the relation of master and servant exists between the TOWN and undersigned. At all times contractor <br /> shall be deemed to be an independent contractor and contractor is not authorized to bind the TOWN to any contracts or <br /> other obligations. In executing this agreement, contractor certifies that no one who has or will have any financial <br /> interest under this agreement is an officer or employee of TOWN. ' <br /> e. CHANGES. This agreement shall not be assigned or transferred without the written consent of the TOWN. No <br /> changes or variationsof any kind are authorized without the written consent of the City Manager. • <br /> f. TERMINATION. This agreement may be terminated by TOWN upon ten (10) days written notice to contractor. <br /> Monies then owing based upon work satisfactorily accomplished shall be paid to contractor. <br /> 6. INVOICING. Send all invoices to the contract coordinator at the address below. <br /> This Agreement shall become effective upon its approval and execution by TOWN. In witness whereof, the parties hav: <br /> executed this Agreement the day and year first.written above. <br /> CONTRACT COORDINATOR and representative for TOWN: CONT'I• '`'- <br /> Henry Louie,Public Works Director/City Engineer Nameitlp 7< <br /> Town of Los Altos Hills: S.S.or I.R.S.Number: `f < <br /> 26379 Fremont Road <br /> Los Altos Hills,CA 94022 TOWN OF LOS ALTOS HILLS <br /> By: <br /> City Manager <br />