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Home My WebLink AboutO'Grady Paving, Inc. (3)AGREEMENT THIS AGREEMENT is made and entered into on the 15th day of May, 2017 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and O'Grady, Inc. (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: Locate and raise six buried sewer manholes in various locations. The work shall include all incidentals including but not limited to restore and patch the manhole areas. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated May 12, 2017 3. TERMS. The services and/or materials furnished under this Agreement shall commence 5/15/2017 and shall be completed by 6/30/2017, unless terminated pursuant to Section 5(f). I 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed eight thousand four hundred dollars and zero cents ($8,400.00) 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 4 Short form Updated 4/23/10 r Z aim 11111!'111[ii! 11011 HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hok harmless the TOWN, its officers, agents and employees from any and al demands, claims or liability of personal injury (including death) and propert) damage of any nature, caused by or arising out of the performance o CONTRACTOR under this Agreement. With regard to CONTRACTOR'S worl product, CONTRACTOR agrees to indemnify, defend and hold harmless th( TOWN, its officers, agents and employees from any and all demands, claims o liability of any nature to the extent caused by the negligent performance o CONTRACTOR under this Agreement. I 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 III F-� 11 1 Irl"d-111111 1 1IJ1 !1JI1i 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 addonal insureds. To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 N -DISCRIMINATION. No discrimination shall be made in the employment o ON persons under this Agreement because of the race, color, national origin, age ancestry, religion or sex of such person. I d. INTEREST OF CONTRACTOR. It is understood and agreed that this Agreemen is not a contract of employment and does not create an employer -employe relationship between the TOWN and CONTRACTOR. At all time CONTRACTOR shall be an independent contractor and CONTRACTOR is no authorized to bind the TOWN to any contracts or other obligations without th express written consent of the TOWN. In executing this Agreemen CONTRACTOR certifies that no one who has or will have any financial interes, under this Agreement is an officer or employee of TOWN. e. CHANGES. This Agreement shall not be assigned or transferred withou advance written consent of the TOWN. No changes or variations of any kind ar authorized without the written consent of the City Manager. This Agreement ma'r only be amended by a written instrument signed by both parties. I f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7 dIys written notice to CONTRACTOR. Monies owed for work satisfactoril completed shall be paid to CONTRACTOR within 14 days of termination. I Town of Los Altos Hills Page 3 of 4 Short form Updated 4/23/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreemen between the Parties. Any ambiguities or disputed terms between this Agreemen and any attached Exhibits shall be interpreted according to the language in thi Agreement and not the Exhibits. 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. lk.'".N.#ONTRACT COORDINATOR and representative for TOWN: Allen Chen Public Works Director Town of Los Altos Hills B 26379 Fremont Road Los Altos Hills, CA 94022 Print name, Title Town ofLos Altos Hills Page 4of4 "MIUMV From: John Chau Sent: Friday, May 12, 2017 11:30 AM To: Tina Tseng; Jen Chen Subject FW: Manholes at eastbrook area c.p i�'l�5 �nsk�- Tina, Here is the quote from O'Grady to raise the manholes. MM _----Original Message ----- From: Tom O'Grady [mailto:tom@ogradypaving.com] Sent: Friday, May 12, 201.710:55 AM To: John Chau <jchau@losaltoshills.ca.gov> Subject: Manholes at eastbrook area John, OGrady Paving will raise and Patch 9 manholes in the Eastbrook area for $1200 apiece. Price includes traffic control. Total price of $10,800. Tom OG Sent from my Whone So cool I