HomeMy WebLinkAboutPhoenix Electric Company (4)AGREEMENT
THIS AGREEMENT is made and entered into on the day of October, 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:
Replace damaged valve box at Purissima Lift Station - furnish and replace a
damaged valve box with a new Christy B1324 traffic rated box with a 12 -inch
extension. Clean up site and dispose construction debris.
Construct wood retaining wall at 27359 Julietta Lane — construct a new wood
retaining wall on three sides of LAH Manhole OMH 1002 to retain the slope. Remove
debris in the manhole to prevent clogging.
Clean up manhole at 25755 Carado Ct — remove excessive roots and debris in LAH
Manhole FMH 1040 to prevent clogging.
Perform any other urgent tasks as directed to repair or maintain the Town of
Los Altos Hills sanitary sewer system
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Work will be performed on a Time and Materials (T&M) basis. The mark-up rate is
20% for labor, 15% for equipment, and 15% for materials. Daily work performed
shall be recorded on T&M tags, and approved by a Town representative.
Equipment rates and labor surcharge shall be based on the Caltrans standard
rates (September 1, 2022 to March 31, 2023).
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 11/1/22 and shall be completed by 12/31/22, 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 Twenty Four Thousand
dollars and zero cent ($24,000) 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.
Town of Los Altos Hills Page 1 of 4
Short form
Updated 4/26/22
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.
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:
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,
Town of Los Altos Hills Page 2 of 4
Short form
Updated 4/26/22
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
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 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
Town of Los Altos Hills Page 3 of 4
Short form
Updated 4/26/22
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.
h. CONTRACT ADMINISTRATION. The TOWN hereby designates Utility
Engineering Manager and the City Manager as Contract Administrator for this
agreement. The CONTRACTOR shall only take direction regarding the services
provided under this Agreement from the Contract Administrator. Furthermore,
CONTRACTOR agrees that the Contract Administrator shall be included any
meeting, teleconference or written communication between any Town
representative including Committee members and the CONTRACTOR. The
TOWN may modify the Contract Administrator at any time upon providing written
notice to the CONTRACTOR.
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:
Daniel Liang
Utility Engineering Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 4/26/22
CONTRACTOR:
By, -- 10/26/22
Signature Date
Eugene Briody, PM
Print name, Title
TOWN CPirneji
S HILLS:
By:J z "
Peter,y ManageK Date
Page 4 of 4
B1 324
CHRISTY3-
Style:
Flush
Material:
Steel Checker Plate
Model:
16" x 27"
Weight:
70 lbs
Options:
Special Markings
Surface:
Skid Resistant & Marked*
Coefficient of
H2.0, AASHTO
Friction:
>0.6 ASTM 1028
Performance:
H2O, AASHTO
Cover comes standard with permanent
markings for manufacturer, load rating, model
size and manufacturing location.
Material:
Reinforced Concrete with
Steel Frame
Model:
19" x 30"
Weight:
'166 lbs
Wall Type:
Straight
Mouseholes:
0
Performance:
H2.0, AASHTO
AVAJOUIrM
Reader Door*
Bolt Down Locking
Galvanizing
EMS Marker
LOAD RATING / NOTES
QTRAFFIC RATED
®' AASHTO H2O
Actual load rating is determined by the box and cover combination
*Reader doors are not to be placed in o roadway.
QWARNING: cancer and Reproductive Harm - www.P65Warriings.ca.gov
Reader Door* Detail
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