Eastern Contra Costa Transit Authority Contract ... - Tri Delta Transit

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4. TERMINATION A. This Agreement and all obligations hereunder may be terminated at any time, with or without cause, by ECCTA upon five (5) days written notice to the Contractor. The Contractor may terminate this Agreement upon 30 days’ written notice to ECCTA. B. If the Contractor fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided by law, ECCTA may terminate this Agreement immediately upon written notice. C. Upon termination with or without cause, all finished and unfinished documents, project data, and reports shall, at the option of ECCTA, become its sole property and shall, at the Contractor’s expense, be delivered to ECCTA or to any party it may so designate. D. In the event this Agreement terminates without cause, the Contractor shall be entitled to any compensation owing to it hereunder up to the time of such termination, it being understood that any payments are full compensation for services rendered prior to the time of payment; provided, however, that the Contractor shall be entitled to compensation for work in progress at the time of termination. 5. CONTRACT PRICE Contractor shall provide all of the products and services specified in this Agreement at a not to exceed total contract price of: $_____________ Year 1 $ _______________ Option Year 1 $_____________ Year 2 $ ________________ Option Year 2 $_____________ Year 3 $ _____________Year 4 $ _____________Year 5 The amount shall include all costs for labor, materials, tools, equipment, services, insurance, overhead profit, and all other costs incidental to the performance of the services specified under this Agreement. 56
6. WAIVER Failure of any party to exercise any right or option arising out of a breach to this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 7. BINDING EFFECT All of the terms, provisions and conditions of this Agreement shall be binding upon and inure to the parties hereto and their respective successors, assigns and legal representatives. 8. INTEREST OF MEMBERS AND EMPLOYEES OF ECCTA No member of ECCTA and no other officer, employee or agent of ECCTA who exercises any functions or responsibilities in connection with the carrying out of any project to which this Agreement pertains, shall have any personal interest, direct or indirect, in this Agreement, nor shall any such person participate in any decision relating to this Agreement which affects his/her personal interests or the interest of any corporation, partnership or association in which he/she is directly or indirectly interested. 9. LIABILITY OF MEMBERS AND EMPLOYEES OF ECCTA No member of ECCTA and no other officer, employee or agent of ECCTA shall be personally liable to Contractor or otherwise in the event of any default or breach of ECCTA, or for any amount which may become due to Contractor or any successor in interest, or for any obligations directly or indirectly incurred under the terms of this Agreement. 10. INDEMNIFICATION OF ECCTA Contractor hereby agrees to defend, indemnify and save harmless ECCTA, its officers, agents, employees and servants, from and against any and all claims, liability or obligations based on negligence or willful misconduct brought on account of or arising out of any acts, errors or omissions of Contractor undertaken pursuant to this Agreement. ECCTA has no liability or responsibility for any accident, loss or damage to any work performed under this Agreement whether prior to its completion and acceptance or otherwise. Contractor’s duty to indemnify and hold harmless, as set forth herein, shall include the duty to defend as set forth in Section 2778 of the California Civil Code. 11. INDEPENDENT CONTRACTOR It is understood that Contractor, in the performance of the work and services agreed to be performed by Contractor, shall act as and be an independent contractor and not an agent or employee of ECCTA; and as an independent contractor, 57
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Eastern Contra Costa Transit Author
Page 3 and 4:
SECTION 1 NOTICE INVITING PROPOSALS
Page 5 and 6: It is the intent of awarding the co
Page 7 and 8: Key Proposal Dates Request for Prop
Page 9 and 10: Information for Proposers Request f
Page 11 and 12: Ann Hutcheson Director of Administr
Page 13 and 14: o A complete work plan that complet
Page 15 and 16: Four sets of a proposer’s technic
Page 17 and 18: 5. Technical Review Committee Evalu
Page 19 and 20: 3. Knowledge of and experience with
Page 21 and 22: The protest should be submitted to
Page 23 and 24: submitted by contractor pursuant to
Page 25 and 26: SECTION 4 GENERAL CONDITIONS 25
Page 27 and 28: Proposer’s Status Neither the pro
Page 29 and 30: If any discrepancy or inconsistency
Page 31 and 32: SECTION 5 SPECIAL CONDITIONS 31
Page 33 and 34: ECCTA will also weigh any evidence
Page 35 and 36: SECTION 6 SCOPE OF WORK 35
Page 37 and 38: ) whether ECCTA’s financial state
Page 39 and 40: SECTION 7 PROPOSAL FORMS 1. Proposa
Page 41 and 42: 3. The undersigned understands that
Page 43 and 44: Proposal Cover Form Page 4 of 4 POW
Page 45 and 46: SECTION 8 REQUIRED CERTIFICATIONS 4
Page 47 and 48: FAIR EMPLOYMENT PRACTICES CERTIFICA
Page 49 and 50: e. The Proposer shall notify ECCTA
Page 51 and 52: State of ______________ NON COLLUSI
Page 53 and 54: CERTIFICATE REGARDING WORKER COMPEN
Page 55: PROFESSIONAL SERVICES AGREEMENT Req
Page 59 and 60: (1) The Contractor agrees to have a
Page 61 and 62: All certificates and endorsements a
Page 63 and 64: 18. EQUAL EMPLOYMENT OPPORTUNITY Co
Page 65: IN THE WITNESS WHEREOF, the parties
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