The URL can be used to link to this page

Home My WebLink AboutSmelly Mel's PlumbingAGREEMENT THIS AGREEMENT Is made and entered Into on the qday of June 2023 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Smelly Mel's Plumbing (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 materials: Restoration of the Patio Area at the Westwind Community Barn — extend the copper water line from the valve to the drinking fountain, construct a concrete foundation with anchor bolts for the drinking fountain, install the existing water fountain on the new concrete foundation, Install boxes and lids for water valves, backfill the pit with sand or clean soil, place 4 inches (minimum) of topsoil for planting, and clean up the job site. Contractor shall furnish labor, equipment, and materials In this scope. Installation of 6 -Inch PVC SDR35 Drain Line for Wash Racks — hand dig a trench and install a 6 -inch PVC SDR35 drain line, 52 feet, from an existing drainage junction box in the horse barn to the outfall outside the horse barn per Exhibit 1. At the 90 -degree bend, provide a clean out and a G5 box with a "DRAIN" cover. Backfill the trench with native materials and compact to 90% relative compaction, and restore the floor and existing ground. Clean up the job site. Contractor shall furnish labor, equipment, and materials in this scope. 2. _EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Smelly Mel's Plumbing Estimate 37567158, dated 5/30/2023 3. TERMS. The services and/or materials furnished under this Agreement shall commence 6/1/23 and shall be completed by 7/15/23, 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 Twelve Thousand Two Hundred Fifty dollars and zero cent ($12,250) 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 Les Altos Hills Page 1 of 4 Short form Updated 4128122 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. GENERA!~ 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. II. 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 snort form Updated 4128122 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. NONDISCRIMINATION. 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 forth Updated 4128122 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. I. 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: gignature Date Print name, Title TOWN OF Lr70-AS HILLS: By: 'Peter P1meJa0,*,'City Manager Date Page 4 of 4 MCILLY Ao FtVMsINk 4 d0#IaA.C10A% Billing Address Town of Los Altos Hills 1266 Montclaire Way Los Altos, CA 94024 USA Smelly Mel's Plumbing 300 Shaw Rd, South San Francisco, 94080, United States (650)738-2030 License# 786183 Estimate Details Estimate 37567158 Job 37479094 Estimate Date 5/30/2023 Technician Robert Blanchard Customer PO Job Address Westwind Community Barn 27210 Altamont Road Los Altos Hills, CA 94022 USA Sewer Lateral Replacement ( Sewer Replacement): This estimate is presented by Smelly Mel's Plumbing Inc., License# 786183, Bond #G60506999842. Smelly Mel's Plumbing Inc. has worker's compensation insurance with the SECURITY NATIONAL INSURANCE COMPANY policy # SWC121083. ""this * *this estimate includes water fountain work as well* Scope of work is installing 6inch sewer line from barn to landscape.... per plans. Excavate the trench line as per plans. Use schedule 26 pvc materail Provide all necessary fittings and couplings to install an end line clean-out. Provide all necessary fittings and couplings to make all connections. Price includes all material, labor, and dump fees. 5 -year pipe, fitting, and coupling warranty. 1 -year no clog warranty. Price excludes unforeseen barriers, landscaping, permits, any core drilling and jack hammering of concrete. Add 3% if payment is made with a credit card. If you have any questions, please call Bob 650 7841397 Task # Description Sewer Sewer Replacement replacement T800041 Limited Access 3. Steep roofs, tight crawl spaces Good solution when a repair is additional or special non specific repair M PT:60.000000 Thank you for choosing Smelly Mel's Plumbing It is agreed that Smelly Mel's Plumbing is not responsible for the following: Quantity Your Price Your Total 1.00 $6,250.00 $6,250.00 1.00 $6,000.00 $6,000.00 Potential Savings $0.00 Sub -Total $12,250.00 Tax $0.00 Total $12,250.00 1. Damage caused to the customer's property as a result of obtaining access to and exposing plumbing and drainage systems. 2. Additional plumbing work beyond that specifically mentioned in this estimate and proposal including, but not limited to, that which may be required because of preexisting plumbing code violations or additional work revealed to be necessary as a result of performing the specified work. 3. Any repairs, installation, removal or replacement of non -plumbing items or activities including, but not limited to: concrete, paving, asphalt, slabs, sidewalks, driveways, patios, pools, shrubbery, grass laws, fences, electrical wiring and fixtures, painting, decorations, plastering, sheet rock and other wall coverings, glass, carpentry, millwork, cabinets, floors, carpeting, floor surfaces and preparation, roofing flashing, sheet metal gutters, downspouts, brick, stonework, extension walls, steel and other framework. 4. Damage caused to customer's plumbing system by sewer and drain cleaning equipment when such is caused by pre-existing defects in such plumbing systems. Customer accepts full responsibility for the prompt payment of all costs of this agreement even though customer may intend to obtain reimbursement from others such as landlords, tenants, insurance companies, and tort feasors. This proposal and said specifications shall not be altered or modified except by written agreement between the parties hereto and verbal understandings and agreements with representatives shall not be binding unless set forth herein. Public utilities, Public bodies or inspectors, extra work, failure of the owner to make payments promptly, fire, delay in transportation, unavoidable casualties or other contingencies unforeseeable or beyond the reasonable control of the contractor and unforeseen barriers due to the underground nature of the work. Smelly Mel's Plumbing does not take responsibility for any ground lifting of existing concrete or any landscape due to the stress force of the pipe -bursting machine when pulling new sewer pipe underground. This proposal does not include any correction of existing bellies/sags in original grade of sewer lateral, nor does it include any additional work needed due to any special requests made by a city official/inspector at the time of construction in order to pass inspection. Smelly Mel's Plumbing is not responsible for cutting off tie-ins, which were unable to be detected using standard sewer camera procedures prior to new sewer installation/repair due to the poor condition of the sewer pipe. If the City or County requires a smoke/carbon monoxide detector inspection in order to final the building permit, the customer or their agent is responsible to arrange for the inspection. Smelly Mel's Plumbing is not responsible for any failed final inspections due to smoke/carbon monoxide detectors. The customer is responsible to provide necessary water to complete the project. The customer is responsible to locate all private utilities (not marked by USA services); this could be done by hiring a private underground locating company to complete the underground survey. Smelly Mel's Plumbing is not responsible for damage to any unknown, improperly marked or non -marked utilities. *Rates: - Regular Time: Monday to Friday 8:00 am to 5:00 pm. - Overtime: Monday to Friday 5:00 am to 8:00 am. 5:00 pm to 8:00 pm, Saturday 8:00 am to 5:00 pm. - Double Time: Monday to Friday 8:00 pm to 5:00 am. Saturday 12:00 am to 8:00 am. 5:00 pm to 11:00 pm. All Day Sunday. N-) N N m O LL - 0 O w m O U Cn 0 � W U ^z� N-) mm ::D oC/-) m r-) C-) 7' �z=D W Q O m x � n O M z Ln zQ Q CD m =O _ 1--0 U � J j � w Cy 7-O O J W w U Cy J W D Lo O Q J J � J U Q U c% z z0 U cn cn z z� CL- n, U Q w wm N N-) NM %�=S ,Ot 0 z O m CD m 0 w U Q N — _ Z44Z Q W U W W � O �> z CD m m O x z m m I� m o LO I Q CD z�l w F-- �wl 0 Un71 zo U� w z z0 U CD I � N I w I� z Qo cn �I N cn I F -- LIJ I z O w U x m ilEL- I-4- I z Qw mz_ J �zQ �m mem O X U U LLJ z cl) w < w m w m Q w w m n