The URL can be used to link to this page

Home My WebLink AboutO'Grady Paving, Inc. (5)AGREEMENT THIS AGREEMENT is made and entered into on the 20TH day of January, 2020 by and .between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and O'Grady Paving, 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: Central Drive Pathway Easement Construction 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated January 8, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence January 21, 2020 and shall be completed by October 25 2019, 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 Thirteen Thousand Five Hundred dollars and zero cents ($13,500.00) 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 profess iona Vi ndustry 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'll of 4 snort form Updated 4123/10 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: Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short forth Updated 4123110 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. 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. 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. Town of Los Altos Hills Page 3 of 4 Short fort/ Updated 4/23/10 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. 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: CONTRACTOR: Nichol Bowersox Public Works Director Town of Los Altos Hills By: �---aD 26379 Fremont Road signatur Date Los Altos Hills, CA.94022 , Print name, Title TOWN OF LOS ALTOS LLS: By: I-lq-Zo2o Carl Cahi , City a er Date Town of Los Altos Hills Page 4 of 4 Short" UNated 03110 //"/j44(r Paveag & 511"�tq January 8, 2020 Submiued to: Town of Los Altos Hills Street: 26379 Fremont Rd. City, State, and Zip Code Los Altos Hills, CA 94022 Attn: Kaho Kong Job Name: Pathway at Central Dr Job Location: End of Central Dr. .. ... . ....... . ..... We are pleased to quote the Lump Sum price of $ 13,500.00 to do the following work: Grade approx. 75 LF of switchback path at the end of Central dr. S' wide plus 1' shoulder Place approx.. 150 LF of 2" by 6" headerboard and benderboard where needed. Place 6" of recycled Cl 2 AB and compact Per the drawing and detail supplied by the Town. Work excludes: bond, permits, fees, testing, haul off of any kind Phone. 650-947-2511 Estimator Craig Young . ... . ..... . . ... ... ----_----- _. ........... .... We Propose hereby to furnish material and labor — complete In accordance with above specifications for the sum of: Jh0een thousand Five Hundred Dollars ( 113,500-00 Payment to be made as follows: In Full Upon Completion --- ------- ..... ...... ... ..... . All Material is guaranteed to be as specified. Ail work to be completed in a workmanlike manner according to standard practices. Any alteration or Authorize deviation from above specifications Involving extra costs will be executed Signator upon written orders, and will become an extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary Note: This Proposal may be wi(/rawn Insurance. Our workers are fully covered by Workmens compensation Insurance. accepted within 30days Acceptance of Proposal The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the -work as specified. Payment will be made as Signature outlined above. Date of Acceptance: Signature 2513 Wyandotte Street Mountain View, CA 94043 Telephone:650-966-1926 Fax:650-966-1946 State License N. 201696 ec I , as 0 2 0— cl ti 03 HEADER BOARDS SHALL_NOT PROJECT ABOVE THE PATHWAY OR ADJACENT GRADES ►' 5'-0" I' SHOULDER SHOULDER *N tmtj v� G *Nati tm)`" 3%--10% 3% SLOPE* SLOPE I OPE Roo Z- a 6" .r otlCUC'i1 CIAICC - 2"x 4" STAKE 2'--0" LONG / \ 2"x f" REDWOOD OR PRESSURE 0 6' MAXIMUM SPACING AND AT EACH. SPLICE. CONNECT' TREATED HEADER. (2 -fix 6" STAKE TO HEADER WITH A REDWOOD HEADERS MAY BE USED SEE NOTES MINIMUM OF 4-10d ON CURVES). 4 & 6 GALVANIZED NAILS. AC BERM OR CURB NOTES: 1. PATHWAY MATERIAL AND SHOULDERS SHALL BE COMPACTED TO 957, RELATIVE DENSITY. 2. IRRIGATION SYSTEMS SHALL NOT BE LOCATED CLOSER THAN 3 FEET TO A PATHWAY, NO IRRIGATION WATER MAY BE DIRECTED TOWARD OR ON THE PATHWAY. 3. TREES AND SHRUBS SHALL NOT BE PLANTED CLOSER THAN 5 FEET TO A PATHWAY. GROUND COVER MAY NOT, BE PLANTED CLOSER THAN 3 FEET FROM A PATHWAY, 4. 57o MAXIMUM IF APPROVED BY THE CITY ENGINEER. PATHWAY AND SHOULDER CROSS SLOPES SHALL DRAIN TOWARD OR AWAY FROM THE ADJACENT ROAD AS APPROVED BY THE CITY ENGINEER. 5. UTILITY BOXES, SERVICE METERS, MANHOLES, MAIL BOXES, FIRE HYDRANTS AND ALL OTHER OBSTRUCTIONS SHALL NOT BE ALLOWED WITHIN THE PATHWAY. PATHWAYS MAY MEANDER AROUND EXISTING UTILITY POLES, FIRE HYDRANTS AND MAIL BOXES WHERE FEASIBLE, 6. HEADER BOARDS MAY BE OMITTED ON THE SIDE OF THE PATHWAY IMMEDIATELY ADJACENT TO BERM AND CURBS. 7. SEE STANDARD DETAIL #21 FOR WATER BAR INSTALLATION. LOS ALTOS H p TITLE L I11LW ROADSIDE PATH TYPE, (213) ADOPTED BY CITY COUNCIL DATE: SCALE: NONE STANDARD DETAIL , ., 12/07/2011 DATE: 11 / 18/2011 15 _ CHK: JMP CALIFORNIA 26379 FREMONT ROAD, LOS ALTOS HILLS, CA 94022 • Phone: (650) 941-7222