HomeMy WebLinkAboutO.Nelson & Son (6)AGREEMENT
THIS AGREEMENT is made and entered into on the S1 Stday of201-7 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as 'TOWN") and
O.Nelson & Son (hereinafter referred to as "CONTRACTOR"). in consideration of their
Mutual covenants, the parties hereto agree as follows.,,
1, QQNTBLGjQR, Shall provide or furnish the following specified services and/or
materials:
1) Remove 2 posts, re-atign , install 2 new posts, and re -use
existing brackets and end terminal ($2,965)
2) Furnish and install 74-' of rail, orym type 8 and end cap
and add two additional blocks in the same rail area ($1,830)
2.L-_7tfjjB[IS, The following attached exhibits are hereby incorporated into arxd made
e
a part of this Agreement:
Proposal from CONTRACTOR dated April 13, 2017
1 jpa�L& The services and/or materials furnished under this Agreement shall
commence q1L4/j'+ and shall be completed by unless terminated
pursuant to Section 5(f).
4. QQM%1§%
�AILQtj For the lull performance of this Agreement.,
a, TOWN shall pay CONTRACTOR an amount not to exceed four thousand seven
hundred ninety-fivo dollars and Zero cents ($4,795,00) within thirty-five 135) days
X
following oornpieLion/delivery of services/goods,as detailed in Sections 1, 2, and
3 of this Agreement and only upon satisfactory delivery/completion of
goodsiservices In a manner consistent with professlonatfindustry 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 reirnburse for any of CONTRACTOR's costs or expenses to
dioliver 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 o, Los gifts Hills pap I 4A 4
LA>6�1 3 il Nt
6. GENERAL TERMS AND QQNDITLON&
HOLO 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:
L WORKERS COMPENSATION INSURANCE: Minimum statutory
limits,
[L COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE, General Lialaility 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,
4L AUTOMOBILE INSURANCE., $1,000,000,00 per occurrence.
lv: ERRORSANDOWSIONS INSURANCE: $1,000,000.00 aggregate,
v. NOTICE OF CANCELLATION: The City requires 30 days written
notice of cancellation. Additionaliv, the, notice statement on the
certificate should Zjo i`g lu 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 property
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
iosurance certificates and endorsements must be submitted to:
Town of Los Altos Hills - Contracts
26379 Fremont Road
Los Alto,,; Hills, CA 94022
Tolon of W5 A1106 H $ Page 2 04
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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 ofemployment 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, Nochanges 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,
'RECORDS. All reports, data, maps, models, charts, studies, surveys,
,calculations, photographs, memoranda, plans, studies, specifications, records,
files, or any other docoments 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 'I OWN. 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
wo* 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,
Town of Los Allot Hiffs Page 3 of 4
"Ot to "OK0,$1-Mv pfitz-61y4m,
tkWfdW1 I I 7AM
h, 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,
& AYPLCPSend 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: CONTRACTOR:
Allen Chan
Public Works Director
Town of Los Altos Hills By:
26379 Fremont Road 'iqnature Date
Los Altos Hills, CA 94022
Prim nano, 1-1111'a
*TOWN OF LOS AIJOS HIL
By,
Cart Cahill 'R t lanargarat
"Town of Los Ahoy Rills Paga 4 of 4
,N{kte
0. JWfson 6r., Son, Inc.
Getieral Engineers
3345 Tflpp Road
Woo(Iside, CA 94062
(650)R51-3600
,Lreposyl and Contract # 2 7
DAIR April 13,2017
TO. 'T'bwn of Los A I tos Hills Atni;)Mn Cliau
Heivaller Xvrm(AW', telepor. fix (650)_2LJI.jto; Q <jXq tg, horeafter
"Sub -contractor", propos0s) to fitnth�h Q imite.rials and tier s. l4or nccessary to C-Omplete the fullowing;
Re: PageMillRd and Vitt leen tana
Las AflosHills, CA
1), J'a add 12" of block 1) ti rail and post, bolt and fasten
Or
S780,
2). To retnove (2) post, re -align, install (2) new past, m-tisomLitim, brackets
and and tenninat IN2,965.
This p"aposal is valid until antd if accop'"I Oil or before that dm-- work- will
livoXimintly on —UPVII I�C%vp -vaiplenXl app=ikMLOI�I
, — --g_#nd will be substantially c( _&;, to 4ehly,
c4uied by acts of(,iod, stormy weir ber, tabor trmible, or unrom-seell contil'tgencies,
If my payment is not made whoa due, Contractor tim
yauspmd wort on thejub, until suc li tj ,me as a!) pay-
MOTM fte hAw boon made. A ifore %4,) make paymont fora, period in excess nfj�o 0111 the due.
. _ �ys tr -u
jr
date shaff be deented a nvuerial brimch of this coritract,
Re-spectJOy Submilled, A C C E P T A N C E
O -Nelson & Son, Inc.- You ara liereby turthovized to fwalmh miattrhils and lauOr
requirod to couripletr. Ow woriz 117 Iltis PropoW, tor which
I I We qvce to pray the Contract price mentioned ift this
Propmal, and according, to the teons , I / Wok him. read
3345'fripp and agree to the provisitins cotaaliacd hereon, natal in any
Woodsi&, CA 94062 aftachments hervto, Which are urrade paA lim-of zmd are
(6,jo) 8.5i,-,l6oa Office doscribed
(650) 851-5714 FAX
f.antra.vtor's 84 -tic Devxz e #A307071 sit tt i tr Gi9mmure