HomeMy WebLinkAboutAble Underground Construction (2)AGREEME T
7-067BY THIS AGREEMENT made and entered into on the hep nb r-2�; X006—by and between the TOWN OF LOS ALTOS
HILLS (hereinafter referred to as TOWN) and Able Underground Construction, at P.O. Box 24819, San Jose, CA 95154
(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: Clear, grub and grade new
pathway on existing pathway easement at 26000 Westwind Court between Concepcion and La Paloma.
2. EXHIBITS. The following attached exhibits hereby are made a part of this Agreement: Proposal from CONTRACTOR
3. TERMS. The services and/or materials furnished under this Agreement shall commence by April 16, 2007 and complete by
April 30, 2007. All work shall conform to all current local, regional, state and federal requirements.
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR: Daily labor and equipment rate of $1,000.00 and not to exceed $3,000.00
b. No costs of Contractor shall be reimbursed by the Town.
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 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 CONTRACTOR. 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 contractor
shall be deemed to be an independent contractor and.contractor is not authorized to bind the TOWN to any contracts or
other obligations. 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 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 TOWN upon ten (10) days written notice to contractor.
Monies then owing based upon work satisfactorily accomplished shall be paid to contractor.
6. INVOICING. Send all invoices to the contract coordinator at the address below.
This Agreement shall become effective upon its approval and execution by
executed this Agreement the day and year first written above.
CONTRACT COORDINATOR and representative for TOWN:
Henry Louie, Public Works Director/City Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
MNTRAC"IR:
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S.S. or I.R.15. Number:
TOWN OF LOS ALTOS HILLS
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City Manager
parties have
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