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Home My WebLink AboutSmelly Mel's Plumbing (2)AGREEMENT THIS AGREEMENT is made and entered into on thQZday 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: Upgrade of a high frequency sanitary sewer main and removal of a redundant intermediate manhole within the Public Utility Easement at 27359 Julietta Lane - • Replace and upgrade the existing 6 -inch VCP sewer main from Manhole OMH1001 to KMH1034 with an 8 -inch PVC (SDR 26 or SDR 35) sewer main. L = 190 LF • Remove and dispose an intermediate Manhole OMH1002 and lumber retaining walls at this manhole, • Increase the longitudinal slope for the new sewer main to 1 % minimum. • Raise the invert elevation at Manhole OMH1001 by 1.08 ft, from IE 762.67 to IE 763.75. • Reconnect the new 8 -inch PVC pipe at Manholes OMH1001 and KMH1034, patch and seal the opening around the pipes with mortar. • Embed the new sewer pipe with 3/4" or 1" drain rocks, and backfill the trench with native materials, compacted to 90% minimum relative compactions. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Smelly Mel's Plumbing Estimate 37813832, dated 6/19/2023 Town of Los Altos Hills Contract Drawing C-101 "27359 Julietta Lane Sanitary Sewer Main Replacement" 3. TERMS. The services and/or materials furnished under this Agreement shall commence 6/19/23 and shall be completed by 8/1/23, 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 Thirty Eight Thousand Five Hundred Fourteen dollars and thirty four cents ($38,514.34) 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. 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 4126122 CONTRACTOR: dtv7; By: ,r Signature Date - IIS) Print name, Tit e TOWN S La" S HILLS: By: ��- - / z I Peter Pirnejad, uty Manager Date Page 4 of 4 SMELLY MEVS PLUMBING I ��I �1 Smelly Mel's Plumbing Estimate 37813832 �� 1 300 Shaw Rd, South San Francisco, 94080, United Project 37811537 States Estimate Date 6/19/2023 n (50) 73-2030 F e u W u t w e t o N x r A t r 0 k s License# 786183 Technicians Eric# Lopez Lic. #C12345 Robert Blanchard Customer PO Billing Address Job Address Town of Los Altos Hills Sharat Singh 1266 Montclaire Way 273591ulietta Lane Los Altos, CA 94024 USA Los Altos Hills, CA 94022 USA Estimate Details Sewer Replacement O/T ( Sewer Replacement ): This estimate is presented by Smelly Mel's Plumbing Inc., License# 786183, Bond #G60506999842, Smelly Mel's Plumbing Inc. has workers compensation insurance with the SECURITY NATIONAL INSURANCE COMPANY policy # SWC1210833. Scope of work is replacing the sewer from SSMH-1 TO SSMH-3. Demo out SSMH-2 per plans. We would provide proper office staff to apply for and receive permits from the city. Mark the area to be excavated in white paint and contact underground service alert (U.S.A.) for safe excavation. Perform a video inspection and locate all areas to be excavated. Excavate the trench from SSMH-1 to SSMH-3 and install HDPE flinch per plans. Provide all necessary fittings and couplings to make all connections. Install all access devices and backfill with existing soil on property. Price includes all material, labor, permits, utility pot holes and dump fees. Price excludes unforeseen barriers, landscaping, damage to trees and bushes gaining access to jobsite. Add 3% if payment is made with a credit card. Any questions please call Bob 650 784 1397 Task # Description Quantity Your Price Your Total Sewer Sewer Replacement 1.00 $38,514.34 $38,514.34 replacement Potential Savings $0.00 Sub -Total $38,514.34 Tax $0.00 Total $38,514.34 Thank you for choosing Smelly Mel's Plumbing It is agreed that Smelly Mel's Plumbing is not responsible for the following: 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. Delay: Smelly Mel's Plumbing (Contractor) shall be excused of any delay in completion of the contract caused by acts of God, the acts of the owner or their agent, employee or independent, contractor hired directly by the owner, adverse weather conditions, labor troubles, acts of 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. CONNECT 8"PVC °�EXIST SSMH#3 (KMH1034) TO MATCH EXIST RiM=768.03 INV 761.83 INV=761.63, IN / ` ' INV= -761.63, OUT n h�F !31. / � F GR wA,. • o lot -9 « F 20 0 10 cp 6� REMOVE EXIST MANHOLE m &LUMBER WALL a w w a p o s EXIST SSMH#2 (OMH1002)� S,a Y + _ N W RI l co 766. ' IN 762.31 -a �i.;`aai' •ate � '.o�. _-,.."'"- 116 + ^p/ u N Gk;tj 10 N q � DGE Or A6 a * c / INSTALL 8'PVC / -01t,. �� w ^� ' a ' ° s + / 190 LF 1.0% ° `s ' 27359 JULIETTA LANE �� orn f EDGE Or A� w -A + N ..aa G!/p p `•5' No \ �, , �1 c5 _a Q a'��/ � DO cA _o acAoi�'w n• o o rn Q, / ` 51 0 0� �. C�P cpo C3 N" po 4 tb c° (/� ao A - w CW / � • � `t"�a� � oa Ch! r' �-.Fs,. x,� cya Ca a5 •o10 a �01 aw cra 01 , + +moo `o t,� / l'I '6' / c / w -a a ...a .o •iJ.a' `k'�a d' CONNECT 8"PVC a yea ao u a EDGE Or AC COO _ TO EXIST MANHOLE s o RAISE INVERT \.-..� �., � �"' "' � °�� ` O •"o + TO INV 763.75 Gla-, �i�� co /o w EDGE Or ACI _ u 2` `�° h � y sem' pc•, L a a10 7pID x EXIST SSMH#1— a—x X wiRr n�cE c -� `o �p rn a n. 35 .88 – — _ (OMH 1001) o 4 N it -�N o� ct4 ..... j__-• - _-- s, ""': N� c5 ��• -o RIM=767.30910 boy INV=762.67 nrN D I^ N u' x Lhi Y ` o � w •N M cr a„r 'cp;� S7 1.0 o ' Ql 6/6/23 PHIC SCALE ®o N 40 80 �1 Z co ( IN FEET ) ~ nch = 20 ft. W W W Q Z J Uj Uj Z UJQ � J W M W N 6• a Q 2�F op a a wF V8 O �� ® 10 _� N9c J oN j w uN '^ c♦ Oz ® 0U - LL. LL O LLI L� No09--30845 23 RIOc4 .a OFCAl1F0 O N