HomeMy WebLinkAboutMark Thomas & Company, Inc.AGREEMENT
BY THIS AGREEMENT made and entered into on the 15th day of September, 2005, by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as TOWN) and:
Mark Thomas & Company, Inc.
1960 Zanker Road
San Jose, CA 95112
(408) 453-5373
(hereinafter referred to as CONSULTANT). In consideration of their mutual covenants, the
parties hereto agree as follows:
1. CONSULTANT. Shall provide or furnish the following specified services and/or materials:
Survey and Design services for the Robleda Road Retaining Wall and Pathway Rehabilitation
Project as outlined in Exhibit "A."
2. EXHIBITS. The following attached exhibits hereby are made a part of this Agreement:
Exhibit "A": Scope of Work, Schedule and Budget from CONSULTANT
3. TERMS. The services and/or materials furnished under this Agreement shall commence on
September 19, 2005 and shall be completed in accordance with the schedule included in
Exhibit "A."
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONSULTANT: Time and materials not to exceed $13,300.00 as
further described in Exhibit "A".
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS with respect to operations. CONSULTANT 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 CONSULTANT under this
Agreement.
Professional Services: As respects to the performance of Professional Services under
this Agreement, CONSULTANT shall indemnify and hold harmless the TOWN,
including officers, employees, agents, and employees from any and all claims, demands,
costs including but not limited to reasonable attorney's fee and other costs of defense, or
liability to the extent arising from or connected with the Services provided hereunder due
to negligent act, errors, omissions or willful misconduct of the Consultant or anyone for
whom CONSULTANT is legally responsible.
Contract: Mark Thomas & Company, Inc.
Page 2
b. INSURANCE. CONSULTANT shall file with the TOWN a certificate of insurance
before commencing any services under this agreement meeting minimum coverage
requirements established by TOWN's City Manager.
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 CONSULTANT. It is understood and agreed that this agreement is not a
contract of employment in the sense that the relation of master and servant exists between
the TOWN and undersigned. At all times CONSULTANT shall be deemed to be an
independent CONSULTANT and CONSULTANT is not authorized to bind the TOWN
to any contracts or other obligations. In executing this agreement, CONSULTANT
certifies that no one who has or will have any financial interest under this agreement is an
officer or employee of the TOWN.
e. CHANGES. This agreement shall not be assigned or transferred without the written
consent of the TOWN. No changes or variations of any kind are authorized without the
written consent of the City Manager.
f. TERMINATION. This agreement may be terminated by the TOWN upon thirty (30) days
written notice to CONSULTANT. CONSULTANT may terminate this agreement upon
thirty (30) days written notice to the TOWN. Monies then owing based upon work
satisfactorily accomplished shall be paid to CONSULTANT.
6. INVOICING. All invoices shall be mailed or delivered to the attention of the City
Engineer (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 (TOWN)
Name: Henry Louie, Director of Public Works
Town Hall
26379 Fremont Road
Los Altos Hills, CA 94022
(415) 941-7222
CONSULTANT
By:
Title: 4- `� 16-0,1V
Social Security
or I.R.S. Number: 1 Lt ' ( `-% a I `i <I
T OF LOS A"QS HI S
By: c.�
City Manager
Attachment: Exhibit "A", Proposal for Survey and Design Services for the Robleda Road
Retaining Wall and Pathway Rehabilitation Project