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HomeMy WebLinkAboutENGEO (5)AGREEMENT THIS AGREEMENT is made and entered into on the e"day of ©ell 2020 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and ENGEO (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: Special inspection services for the pedestrian bridge construction at the Lands of Natoma Oaks Subdivision 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated August 22, 2020 3, TERMS. The services and/or materials furnished under this Agreement shall commence October 12, 2020 and shall be completed by October 31, 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 Nine thousand five hundred dollars and zero cents ($9,500.00) 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 1 of 4 Short form Updated 4/23/10 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. CONTRACTOR'S aggregate liability shall be limited by the TOWN to $4,000,000 regardless of the legal theory under which such liability is imposed. 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. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. 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 28379 Fremont Road, Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 423/10 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 upori 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 deei-ned 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 form 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 dot the Exhibits, 6. INYQjgIj\lG, 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 BY4� : )Qj 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 Print name, Title TOWN OF LOS ALTOS HILLS: By:WAr__ D (S 020 Town of Los Altos Hills Short h art form Page 4 of 4 Updated 4123/10 CPEO Expert Excellence ---- b P" 1 0 r , � TO: Mr. Kaho Kong Town of Los Altos Hills 26379 W. Fremont Road Los Altos Hills, CA 94022 DATE: August 22, 2020 2010 Crow Canyon Place, Suite 250 San Ramon, CA 94583-4634 (925) 866-9000 FAX (888) 279-2698 _E�NGEO PROJECT NO.: 11359.000.004 Iii Phase: 001 ENGEO Contact: Jonathan Buck PROJECT NAME: Natoma Rd Pedestrian Bridge Project, 28030 Natoma Rd_ Los Altos Hills, I Attend Pre -construction meeting. Provide Special Inspections and Materials Testing Services for abutments Structures, per Bridge Plans prepared by Biggs Cardosa Associates Incorporated dated August 2, 2019. Inspections and materials testing include welding, steel placement and concrete per plans, I Prepare Final Report for Town of Los Altos Hills Estimated Fees: $9,600 on a time -and -expense basis per our 2020 current fee schedule, ® DATE (MM/DD/YYYY) A 11 CCERTIFICATE OF LIABILITYINSURANCE e/1/2020 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(S), 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 to 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). PRODU Edge ER E-MAIL 91g. -I-5-7.611-.1-1.524..... ) Edgewood Partners Insurance Center PHONE C FAx —� NAME Rebecca Foster P.0 Box 2110 (AlG, Na,.E.xt);,(A/c, No 91 G 583 7613. Rancho Cordova CA 95670 ADDRESS: Rebecca.Foster@eplcbrokers,com ..... ........... ......... .... .... -.... ............. INSURER.Lu.),AFFORDING COVERAGE...................................... ....... ............. .............. ................. _NAIC_M................. INSURER A: Travelers Prop Casualty Co of America 4 25674 INSURED ENGEwco INSURER„B Travelers Indemnity CO,of CT ., ......... ....,... 25682 ENGEO Incorporated .. 2010 Crow Canyon Place #250 INSURER C: Lloyds of London 85202 San Raman CA 94583-4634 INSURER D: COVERAGES CERTIFICATE NUMBER: 1572166347 REVISION NUMBER: THIS IS TO CERTIFY THAT T'HE 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 TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTIR —� TYPE OF INSURANCE D SWM POLICY NUMBER MM/pD YYYY MM/DDYYCY YY LIMITS A X COMMERCIAL GENERAL LIABILITY 660$8991\1$$0 9/1/2020 9/1/2021 EACH OCCURRENCE $ 1,000,000 DAM .................................. CLAIMS -MADE l ” .I OCCUR ..-P„R,,,,,E,,,AG ET RENTED nca.)............11 30,0,000 X Ded - NIL T_ MED EXP (Any one person)_ $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000.000 POLICY I JET "' D LOG PRODUCTS COMP/OP AGG _ $2,000,000 OTHER: $ B AUTOMOBILE LIABILITY 810OP298320 9/1/2020 9/1/2021 COMBINED SINGLE LIMIT lit)......................................................................................................................................................... $ 1,000,000 X ANY AUTO BODILY INJURY (Per person) $ ----- ............... OWNED SCHEDULE6 AUTOS ONLY AUTOS BODILY INJURY (Por accident) $iJ_._..� -,,,,, HIRED NON -OWNED AUTOS ONLY AUTOS ONLY _ ROPERTY.................................................................................................................................. DAtv1l�GE Par af.Clde171 A X UMBRELLA LIAR X I OCCUR CUP6J082242 9/1/2020 9/1/2021 EACH OCCURRENCE $ 5,000,000 ........... EXCESS LAB CLAIMS MARL. ,. .,, '.. A - CCRCCdAT'E $ 5,,000 000 DED X RETENTION $ ...'...' ...,, ........ ... $ A WORKERS COMPENSATION AND EMPLOYERS' LIABILITY YIN ANYPROPRIETOR/PARTNE:ft/EXECIJI-IVE OFF N / A N/A UB4J940442 9/1/2020 9/1/2021 X I PER OTH- STATUTE I JER E.L. — EACH ACCIDENT 1,000,000 $ 1 E.L, DISEASE - EA EMPLOYEE -- $ 1,000,000 (Mandatory in NH) If as, desciibo under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 C E&O (Professional Liability) Claims Made Retro Date: 03/01/89 B0702BN30142.00 9/1/2020 9/1/2021 Per Claim Aggregate Deductible $2,000,000 $2,000,000 $250,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space is required) Re: Matadero Creek Bank Repair. Additional Insured: Town of Los Altos Hills, it's officers, employees and Volunteers. When required by written contract, additional insured status with primary coverage applies to General Liability and Automobile Liability and waiver of subrogation applies to General Liability, Automobile Liability and Workers' Compensation, all per the attached endorsements. ERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Los Altos Hills ACCORDANCE WITH THE POLICY PROVISIONS, Public Works Department 26379 Fremont Road AUTHORIZED REPRESENTATIVE Los Altos Hills CA 94022 O 1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD