HomeMy WebLinkAboutPhoenix Electric CompanyAGREEMENT
THIS AGREEMENT is made and entered into on the 22th day of April, 2022 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Phoenix Electric Company (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:
Install pull boxes and the underground raceway for the EV charging stations and
Heritage House, among others, at the Los Altos Hills Town Hall. The total
agreement amount includes $50,651.00 for the base bid, and $19,230.00 for
Alternate.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated 3/30/2022
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 5/1/22 and shall be completed by 8/1/22, 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 Sixty Nine
thousand Eight Hundred Eighty One dollars and zero cents ($69,881.00) 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 3/16/21
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 as follows:
i. 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.
iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
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
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Short form
Updated 3/16/21
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.
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 upon 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 deemed 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 3/16/21
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 not the Exhibits.
6. INVOICING. 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:
Daniel Liang
Utility Engineering Manager
Town of Los Altos Hills By:
05/03/22
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Eugene Briody, Project Manager
Print name, Title
TOWN OF ALTOS HILLS:
By:
Peter Pirnejad, Manager Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 3/16/21
PH
6ENIX
1350 Van Dyke Ave. Tel: 415-671-3858 License No.
San Francisco, CA 94124 Fax: 415-671-3827 811031
ELECTRIC COMPANY
PROPOSAL
Date: 03/30/22
Attn: Daniel Liang
Project: Town Hall EV Charging Stations
We are pleased to offer our proposal for the scope of work outlined below and per the drawings provided:
Base Bid: $50,651.00
Inclusions
- Trenching & Installation of substructures
- F/I (2) EV Charging Stations foundations
- Installation of pull rope in conduits
- Trenches to be backfilled with native material
- Includes off haul and disposal of clean spoils
- Warning Tape Installation
- Tracer Wire Installation
- All material to be furnished by the town and to be on site prior to PEC mobilizing
Alternate: $19,230.00
- Trenching & Installation of substructures
- Installation of pull rope in conduits
- Trenches to be backfilled with native material
- Includes off haul and disposal of clean spoils
- Warning Tape Installation
- Tracer Wire Installation
- All material to be furnished by the town and to be on site prior to PEC mobilizing
Electrical Alternate: $39,878.00
Inclusions
- F/I external wall mounted 200A panel
- Install external rigid conduit on building and routing of conduit inside the building to the electrical
room
- Install conduit into existing bucket in electrical room
- Assoicated electrical wiring for (N) EV charging stations
Page 1 of 3
PH
gEN
IX 1350 Van Dyke Ave. Tel: 415-671-3858 License No.
San Francisco, CA 94124 Fax: 415-671-3827 811031
ELECTRIC COMPANY
Standard Exclusions:
1. Any work not specifically listed in inclusions above is hereby excluded.
2. Restoration of any bushes/trees due to root damages caused by trenching
3. Hydrovac potholing/trenching
4. Does not include multiple mobilizations, assumes all work to be done at once.
5. Work in or around hazardous material, and abatement thereof is excluded
6. Repair or replacing of any traffic signal detector loops or similar
7. Sidewalk and curb/gutter restoration is excluded.
8. SWPPP is excluded
9. Traffic Control Plans are excluded
10. On-site safety officer is excluded
11. Any costs associated with monument preservation
12. Street sweeping and graffiti from pedestrian barricades/water filled barricades is excluded
13. Any dewatering or dewatering plan is excluded
14. All Permits, including but not limited to environmental permits, DBI Permits, encroachment
permits, special traffic permit, and excavation permits, are excluded unless otherwise noted.
15. Utility fees (engineering, construction and permits incl.) are excluded.
16. Painting or plastering restoration
17. All third -party testing fees and special inspection services are excluded (i.e. soils testing,
structural testing, concrete compressive testing, compaction testing etc.)
18. Concrete x-ray or digital scanning services are excluded.
19. Surveying and layout are excluded.
20. Public outreach and/or relations
21. Site security and/or temporary fencing
22. Pavement Striping and signage are excluded.
23. Clearing and grubbing is excluded.
24. Tree trimming and tree protection is excluded
25. Grading is excluded.
26. Planting/tree, irrigation, and landscaping removal and restoration is excluded.
27. Patching and/or painting of finished surfaces is excluded
28. Waterproofing and Fireproofing is excluded.
29. CAD As -built drawings are excluded
General Conditions:
1. Work to be performed during normal business hours (M -F, 7am - 3:30pm). No overtime is
included.
2. Bonding is excluded.
3. Phoenix Electric Co. Carries Workmen's Compensation ($1,000,000) and General Liability
Insurance ($2,000,000 per occurrence; $4,000,000 aggregate; $6,000,000 excess liability). Any
additional insurance or special coverage required shall be considered and additional cost.
4. CSLB License No. 811031; C-10
5. PEC is signatory to the Laborers International Union Local 261, and the Operating Engineers
Local 3
Page 2 of 3
an
ykAve. Tel: 415-671-385ENIX
cense
PH Sano �rancDcoeCA 94124 Fax: 415-671-38278
15 671-382$ 8111031 No.
ELECTRIC COMPANY
6. SF Business Tax Registration No. 358809
7. Federal Tax ID No. 71-0900458
8. State of Calif. SB Certification No. 55289
9. DIR No. 1000004281
10. This proposal is valid for Thirty (30) days from date of quotation.
Thank you for the opportunity to quote this project. Should you have any questions or require additional
information or if we can be of any further assistance to you, please contact me at 415-509-9272.
Sincerely,
PHOENIX ELECTRIC CO.
Eugene Briody
415-509-9272
Page 3 of 3