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Home My WebLink AboutO.Nelson & Son (12)ALF -4M THIS AGREEMENT is made and entered into on the -.)I day of ()C� , 2020 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: CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Reconstruct the the damage guard rail at El Monte Road near Foothill College entrance. 2. EXHIBIT& The following attached exhibits are hereby Incorporated Into and made a part of this Agreement: 3. IgARLEI. The services and/or materials furnished under this Agreement shall commence October 26, 2020 and shall be completed by November 13, 2020, 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 four hundred fifty dollars and Zero cents ($5,450.00) within thirty-five (35) days following completion/delivery of services/goods as detailed In Sections 1, 2, and 3 of this Agreement and only upon satisfactory delivery/complotion 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. W i W -M-0. c. CONTRACTOR is responsible for monitoring its own forcestemployees/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 W lawww t7 IM rm UVj#W).18.ca 5. GENERAL TERMS AND �LONDIIIQNS. 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 tinder this Agreement as follows: I. 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 premisestoperation, 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, 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 con men 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, tyre insurance certificates and endorsements must be submitted to: Town of Los Altos Hills - Contracts 26379 Fremont Road Los Altos Hills, CA 94022 Tom of Los Aftos Hitt Page 2 of 4 1"'n NAZOW tis 000 V* 441 i*w UpIr.0 I I 108 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, wraps, 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 Hill's Page 3 of 4 NIA W OXWO 115 r" W f4rV YeN 00d4w J t? 08 11. 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. !!VOICING. 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: Public Works Director Town of Los Altos Hills By: 26379 Fremont Road S iature Date Los Altos Hills, CA 94022 ff Print name, Title 11 Vhl Town of Los Mies 1+11s 140 -.6 V VAI get %tw AM Page 4 of 4 oplaw. 04 0.%ellon (sSon, Inc. General Engineers 334:5 1 ripp Road Woodside, CA 940ft2 (O5O) 851.3600 Ernaff.- Pregosalb and Contract # 43a To: Town of Los Altos }[ills Attn: John Chair Date; October 19, 2020 11creallet "Contractor", telephone (650),9125Lo fox QJN—son &jboln -JI"after ";Sia -i:ontractar", prollo-se(s) to furnish all materials and perform labor necessary to complete the followhrg� Ile: Guard Rail — on F.1 Monte at entrance to Foothill College 'Lox Altos Hills, CA (IM,rdtifibw MAY0114! . 1). To remove and replace: 5 breakaway post w/blocks 2 12' Galvanized rails I I 8x 18 marker I S mash impact licad 2 Teardrop retlectors Miscellaneous bolts and nuts I Flagnian Reuse spreader bracket, (2) post shields (ingr(tund), $5,450. Prevailing Nvage job I tai pfoposal is valid until Stn () 0• and if accepted on or before that date, work will conancricc approximately (rf] —UR20-rmg�q_arid will he substantially completed approxhoately_jdalI subject to do• lays caused fly acts of Ood, stormy "rather, uncontrollable labor trouble, or unforeseen colltingeocics. Irani). Payment is not made when due, Confractor may suspend work can the job until such time as all pay• menus due have been made. A fitilurs: to make payment for a period in excess of—& -days fmin tire due (tali, shall In dcomed a material breach of thkvxintraet. ResImetfully Su bmitted, ACCEPTANCE 0. Nelson & Son, 10 .3345 Tripp Wocrdside, CA 94062 (650) 851-3600 OUT (65o)851-,r)7l,1 PAN InC. YOU W ha by Skidwrized to furnish materials and labor requirtil to complete the work in this PrWisal, for which I We agree to pa) the Contract price mentioned in this Proposal, and according to the terms . I i We have road and agrtv tri the provisions contained herein, and in any attachments licrelo, %0och ary made part hercorand are ticst,ribed —Dale-- Contraclur'v State License #44307071 Authorized Signature