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Home My WebLink AboutC2R Engineering, Inc. (10)THIS AGREEMENT is made and entered into on the 1-7 day of August, 2020 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and C2R Engineering, Inc. (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: Excavate, remove, and export contaminated soil material around manhole EMH1164. Import clean soil fill and restore area. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated August 13, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence August 14, 2020 and shall be completed by August 21, 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 eleven thousand two hundred and fifty dollars and zero cents ($11,250,00) 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 I of 4 Shoft form Updated 4/2.3110 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. 111! 116� 111i 111''• M Mom =0 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 form Opdated 4/23/10 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 fonn 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: 8/14/2020 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 TREVOR CONNOLLY, PRESIDENT Print name, Title Town of Los Altos Hills Page 4 of 4 Short forryi Updated 4/23110 C2R Engineering Inc Lic # 994397 PO Box 1017 Mountain View CA 94043 Phone: (415) 559-2841 TO: Kaho Kong Town of Los Altos Hills 26379 Fremont Road, Los Altos Hills, CA 94022 DATE: August 13th 2020 Soil replacement work at 26565 Anacapa Dr. Los Altos Hills RO-B= 1047 Mtwnlain View, CA 94042 Lkenself 994397 11___ � Policy Number: Date Entered: AC RO CERTIFICATE OF LIABILITY INSURANCE DATE( ) i9/20 0 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING 'INSURER($), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER, IMPORTANT. If the certificate holder Is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject t0 the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s). PRODUCER Benedetti insurance Agency 199 California Dr. #k202 Millbrae, CA 94030 CONTACT NAME: ah��l Watters alc°N o 650)i597-7229rNa). (650) 697 4506 E-MAIL ADDRESS: LIMITS — r 94030. INSURER(S) AFFORDING COVERAGE __.�....._._ NAIC # INSURERA,Assooiated Industries Ins, Co.. 23140 INSURED C2R Engineering Inc. PO Box 1017INSURER INSURERa;Liberty Mutual Insurance Co. fltSensa ion �nsur tde rriiT __.._._- INSURER C : 23.035 55076 Dt co s a e Insurance company _ - Mountain View, CA 94042 Navigators Insurance'Compan� INSURERS: _._,_��_ INSURERF':West Chester Fire Insurance Co. 21121 /25/'2020 COVERAGES CERTIFICATE NUMBER: REVISION. NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT 70 ALL THE TERMS; EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR TYPE OF INSURANCE AODL JNM $UBR WVD _..�...._. POLICY NUMBER POLICYEFF MMIDDlYYYY POLICY EXP DDrm LIMITS A X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $1,000,000 CLAIMS -MADE [ OCCUR X ARS1048445-02 8/25/2019 /25/'2020 PREMSESDAMAGE TOEaEoccurrence _ $100,000 MED EXP ArrVonsperson) ... (...t,_ _...,$ $ 5 , 000 ^ _. ._ PERSONAL & ADV INJURY 1 , 000 r 000 _ _ GEN'LAGGREGATE LIMIT APPLIES PER GENERALAGGREGATE $2,000,000 POLICY ®Jimm LOC PRODUCTS, COMP/OP AGO $2,000,000 $ OTI ISR: AUTOMOBILE LIABILITY COMBINED SINGLE LIMJ1 Ea accadeng $ 1 , 000 , 000 B ANYAUTO X X BAO (20) 57755090 1/29/2020 /29/2021 BODILY INJURY (Por'person) $ OWNED SCHEDULED AUTOS ONLY AUTOS BODILY INJURY (Per accident) $ HIRED NON -OWNED x PROPERTY -AMAGE ' AUTOS ONLY .;.,. AUTOS ONLYPerge.cdenl_,__,_,_, $ D UMBRELLALIAB OCCUR EACii OCCURRENCE $9,000,,000 x EXCESS LIAR CLAIMS -MADE rBU014628545 1/30/2020 /30/2021 AGGREGATE $ 9,000,000 M DED RETENTION $ $ WORKERS COMPENSATION87ATU7E OR "�R _ C AND EMPLOYERS' LIABILITY YIN ANY PROPRIETOR/PARTNERlEXECUTIVE � N/A �" X 9124591-20 2/5/2020 /5/2021 E.L. EACH ACCIDENT 51,000,000 E. L, DISEASE - EA EMPLOYEE $ 1 10 0 0 , 000 OFFICERIMEMBEREXCLUDED? ..._1 (Mandatory in NH) If yes, describe under�0�� DESCRIPTION OF OPERATIONS below E.L. DISEASE • POLICY LIMIT $ E Inland Marine 05-IM012531 01/21/2020 1/21/2021 Rented/Leased $185,000 Equipment F Pollution Liability 74574 A 05/30/2020 5/30/2021 Liability Limit $lmm/$2mm DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) Certificate of General Liability, Automobile Liability, and Workers Camp. for C2R Engineering Inc. insurance is primary and non-contributory. 30 day notice of cane. to cert holder, 10 days for noon -payment The Regents of the University of California, The University of California, University, and each of their The Town, .its elected or appointed officials, employees, and vol-unteers are included, as additional insured per attached blanket endorsements 4EF I If=1U:_A i t Town of Los 26379 Vromont Rd. Los Altos Hills, CA 94022 ACORD 25 (2016103) SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL. BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. .AUTHORIZED REPRESENT J b 1988•2015 ACORD The ACORD name and logo are registered marks of ACORD riohfq rnqnrvPd_