The URL can be used to link to this page

Home My WebLink AboutCoda Technology Group (4)TOWN of LOSALTOS HILLS STATE of CALIFORNIA 2023 City Council Audio Video Upgrade (Equipment and Installation) and Lighting Project THIS AGREEMENT, made, executed, and entered Into this day of August 2023, by and between the Town of Los Altos bills a general Law City, hereinafter referred to as the Town, and Mask Latimer Associates, Inc. DBA Coda, Technology Group, herelinafler referred to as the Contractor. LWITNE,, SETH ARTICLE 1. That for and in consideration of the payments and agreements hereinafter mentioned to he made and performed by the Town, the Contractor agrees at its own cost and expense to do all the work and furnish all materials necessary to complete in a good workmanlike and substantial manner all that certain work involved and concerned with the 2023 City Council Audio Video Upgrade (Equipment and Installation) and Lighting Project, Said work. shall be done in the manner and according to the terns, of the Contract as the same is defined in Article 4 herein. ARTICLE 2. Said Contractor for agrees to receive and accept the following prices as full compensation ensation for furnishing all materials and doing all the work contemplated and embraced in this agreement, also for all loss or dunnage, arls'Ing out of the nature of the work aforesaid, or from the acts of the elements, or tion any unforeseen difficulties or obstructions which may arise or be encountered in the prosecution of the work until %ts acceptance by the Town and for all risks of every des h tion connected with the work; also for all expenses incurred by + r In consequence of the suspension or discontinuance of the work and fbr well and faithfully completing the work and the whole thereof, In the manner and according to the plans and seo f cations, to grit, a + ording to Contractor's proposal for "TOTAL BASE BID Plus ALTERNATES 2 and 3 BIDS" to the City Council, entitled 'EXHIBIT "'A"' proposal to the Citi Council" and attached hereto,' ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, In the manner and upon the conditions above set forth; and the said parties for themselves, CONTRACT Estimated Total Bid Description Quantity Unit Infigures) BASE AudioN!deo Systems, Production Lighting LS '11,1 1 *11 ation. Systems; Mobilization and Demobilization. ALTERNATE1 Public Access Cable TV Connection and I LS $162629.40 Bulletin Board ALTEI NATE 2 Yearly Service Laval Agreement LS $9,100.25 ALTI RNATE Extended Warranty 1 L . $12,1123.20 TOTAL* $4480700*96 Four Hundred Forty -Eight Thousand, Seven Hundred. Cars and i,*SCent ARTICLE 3. The Town hereby promises and agrees with the Contractor, to employ, and does employ, hereby, said Contractor to provide the materials and to do the work according to the terms and conditions herein contained and referred to, for the prices aforesaid, and hereby contracts to pay the same at the time, In the manner and upon the conditions above set forth; and the said parties for themselves, CONTRACT their heirs, executors, administrators, successors, and assigns, do hereby agree to the full performance of the covenants herein contained. ARTICLE 4. The complete Contract consists of the following documents: Notice to Bidders, Proposal, Contract, Specifications and the Plans and/or Drawings. The rights and obligations of the parties herein are governed by all of said documents, which are to be construed as a single Contract. The decision of the Public Works Director of the Town of Los Altos Hills as to the interpretation of said Contract shall be final and binding on the parties hereto. ARTICLE 5. It is further expressly agreed by and between the parties hereto that the work shall be completed within ONE HUNDRED AND EIGHTY WORKING DAYS (180) working days from and after the commencement of said work. ARTICLE 6. It is expressly stipulated and agreed that all legal and statutory requirements relating to the execution of this Contract and the notice inviting bids have been met. Any alleged defect or omission in the proceedings preceding the execution of this Contract is hereby waived by the Contractor. IN WITNESS WHEREOF, the parties have executed this instrument the year and date first above written. TOWN OF LOS ALTOS HILLS A General Law City City Manager ATTEST; • •f Lo's Altos CONTRACTOR Mark Latimer & Associates, Inc. DBA Coda Technology Group By : �'� _- 7, , �-' Title j5&sC. 7 e7 '"' Z�,'f CONTRACT TOWN OF LOS ALTOS HILLS STATE OF CALIFORNIA ESCROW FOR SECURITY DEPOSIT IN LIEU OF RETENTION This Escrow Agreement *19 made and entered into by and between the Town of Los Altos Hills, whose address 'I's 26379 Fremont Road, Los Altos Hills, CA 94022, hereinafter called "Town", hereinafter called IN . 111111 I'll al A t W*AAUAUJ" I?* �� toe' and- whose address is traCL, hereinafter called "Escrow Agent. For the consideration hereinafter, set forth, the Town, Contractor, and Escrow Agent agree as follows: (1) Pursuant to Section 22300 of the Public Contract Code of the State of Cal' iforrila, Contractor has the option to deposit securities with Escrow Agent as a substitute for retention earnings rewired to be withheld by the Town pursuant to the Construction Contract entered into between the Town and Contractor for the 2023 City Council Audio Video UpgMde (Equipment and Installation), and Liing ht* ro Ject I 9 P in the amount of ..dated (hereinafter referred to as the "Contract). Alternatively, on written request of the Contractor, the Torn shall make payments of the retention earnings directly to the Escrow Agent. When Contractor deposits the securities as a substitute for Contract earrilings, the Escrow Agent shall notify the Town within ten (10) days of the deposit. The market value of the securities at the time of the substitution shall be at least equal to the cash amount then required to be withheld as retention under the terms of the Contract between the Town and Contractor. Se curities shall be held In the name ofan 0 d shall .6A"P des' 9 nate the Contractor as the beneficial owner. (2) The Town shall make progress payments to the Contractor for those funds which otherwise would be withheld from progress payments pursuant to the Contract provisions, provided that the Escrow Agent holds securities in the ibrm and amount specified above. (3) When the Town makes payment of retention earned directly to the Escrow Agent, the Escrow Agent shall hold them for the benefit of the Contractor untit the time that the escrow created underthis Contract is terminated. The Contractor may direct the 'investment of the payments into securities. All terms and conditions of this agreement and the rights and responsibilities of the parties shall be equally applicable and binding when the Town pays the Escrow Agent directly. (4) Contractor shall be responsible for paying all fees for the expenses incurred by Escrow' Agent in administering the Escrow Account and all expenses of the Town. These expenses and payment terms shall, be determined by the Town, Contractor and Escrow Agent. (5) The Interest earned on the securities or the money market accounts held in escrow and all Interest earned on that interest shall be for the sole account of Contractor and shall be subject to withdrawal by Contractor at any time and from time to time without notice to the Town. (6) The Contractor shall have the right to withdraw all or any pad of the principal in the Escrow Account only by written notice to Escrow Agent accompanied by written authorization from Town to the Escrow Agent that Town consents to the withdrawal of the amount sought, to be withdrawn by Contractor. ESCROW FOR SECURITY DEPOSIT (7) The Town shall have a right to draw upon the securities if there is default by the Contractor. Upon seven days written notice to the Escrow Agent from the Town of the default, the Escrow Agent shall immediately convert the securities to cash and shall distribute the cash as instructed by the Town. (8) Upon receipt of written notification from the Town certifying that the Contract is final and complete, and that the Contractor has complied with all requirements and procedures applicable to the Contract, Escrow Agent shall release to Contractor all securities and interest on deposit less escrow fees and charges of the Escrow Account. The escrow shall be closed immediately upon disbursement of all moneys and securities on deposit and payments of fees and charges. (9) The Escrow Agent shall rely on the written notification from the Town and the Contractor pursuant to Sections (5) to (8) inclusive, of this agreement and the Town and Contractor shall hold Escrow Agent harmless from Escrow Agent's release and disbursement of the securities and interest as set forth above. (10) The names of the persons who are authorized to give written notice or to receive written notice on behalf of the Town and on behalf of Contractor in connection with the foregoing, and exemplars of their respective signatures, are as follows: On behalf of Town: Title oe Signature ESCROW FOR SECURITY DEPOSIT On behalf of Contractor: 1,-A;eal 4,v-r1iWAC ¢ .Tivc . W,ba n',C-4 ?��.,ye�dLoGf'G.COuP Title Name _2� Signature