HomeMy WebLinkAbout38-07 • •
RESOLUTION NO 38-07
A RESOLUTION OF THE CITY COUNCIL OF THE TOWN OF LOS
ALTOS HILLS APPROVING AND AUTHORIZING EXECUTION
OF AN AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND
MARK THOMAS & COMPANY, INC. FOR CONTRACT AMENDMENT
WHEREAS, the City Council of the Town of Los Altos Hills has read and
considered that certain Agreement ("Agreement") between the Town and Mark
Thomas & Company, Inc..
NOW, THEREFORE, the City Council of the Town of Los Altos Hills does
RESOLVE as follows:
1. Public interest and convenience require the Town of Los Altos Hills to
amend the Agreement with a not-to-exceed amount of 71,700.00
including additional engineering design services in the amount of
$29,700.00.
2. The Town of Los Altos Hills hereby approves the Agreement and the
City Manager is hereby authorized on behalf of the Town to execute
the Agreement between the Town of Los Altos Hills and Mark
Thomas & Company, Inc.
PASSED AND ADOPTED this /1/4day o . 2007.
By: — , _ !
Mayor
ATTEST
City Clerk . -
• I
AGREEMENT OF CONTRACT AMENtENT
BY THIS AGREEMENT OF CONTRACT AMENDMENT made and entered into on the
14th day of June, 2007, by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred
to as TOWN) and:
Mark Thomas & Company, Inc.
20833 Steven Creek Boulevard, Suite 104
Cupertino, CA 95014
(408) 253-7863
(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:
Additional engineering design services of the Rule 20A Utility Undergrounding 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 and Budget from CONSULTANT
3. TERMS. The services and/or materials furnished under this Agreement shall be completed in
accordance with the schedule included in Exhibit"A."
4. COMPENSATION. For the full performance of this Agreement of Contract Amendment:
a. TOWN shall pay CONSULTANT: Time and materials in the amount of not-to-exceed
$71,700.00 including additional engineering design services in the amount of$29,700.00
as further described in Exhibit"A".
5. GENERAL TERMS AND CONDITIONS.
a. HOLD HARMLESS. 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 theepperformance of CONSULTANT under this Agreement.
b. INSURANCE. CONSUL-TA 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
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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 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 thirty (30) days
written notice to CONSULTANT. CONSULTANT may terminate this agreement upon
thirty (30) days written notice to 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) CONSULTANT
Name: Henry Louie, Public Works Director By:
Town Hall Title: Pi e-41.
26379 Fremont Road Social Security
Los Altos Hills, CA 94022 or I.R.S.Number: t r-PtS(`f 61CJ
(415) 947-25
TOWN
OF LOS ALTOSS
By:
City Manager
Attachment: Exhibit "A", Proposal for additional engineering design services of the Pine Lane
Sanitary Sewer Diversion Project at Foothill Expressway
L:\engineering\RChen\Agreement\consultant agreement\2007\Service Agmt with MTC Rule 20A 6-07.doc