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HomeMy WebLinkAboutSmelly Mel's Plumbing (5)AGREEMENT THIS AGREEMENT is made and entered into on the day of November 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: Drainage Improvements on Fernhill Drive - CCTV inspection and exposed defective drainage pipes from an existing catch basin to a fence line, approximately 30 ft, near 25605 Fernhill Drive. - Removed defective drainage pipes and demolished concrete to expose an existing pipe encased in concrete. - Reconnected a new 12 -inch drainage pipe to an existing pipe. - Reconnected the new 12 -inch drainage pipe to the existing catch basin - Repaired and replaced existing irrigation lines. - Removed small trees, shrubs, and other landscape, and disposed offsite. - Sawcut and removed two short sections of asphalt concrete dike on Fernhill Drive to improve drainage and prevent surface overflow onto an adjacent property at 25605 Fernhill Drive. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Smelly Mel's Plumbing Invoice 38278330, dated 10/6/2023 3. TERMS. The services and/or materials furnished under this Agreement shall commence 9/1/23 and shall be completed by 10/1/23, 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 Eighteen Thousand One Hundred dollars and zero cent ($18,100) 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. Town of Los Altos Hills Page 1 of 4 Short form Updated 4/26/22 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, 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 Page 2 of 4 Short form Updated 4/26/22 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. 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 Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 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 I-lang Utility Engineering Manager Town of Los Altos Hills 26579 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4128122 CONTRACTOR: By: / MsiatureDate 'nq A Print name, Title TOS HI Peter Pirnejad, 9 ty Manager Date Page 4 of 4 SMELLY MEVS PLUMBING 4111011 - - IMI PiU 111** tall fRACTO*1 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 Invoice 38278330 Invoice Date 8/8/2023 Completed Date Technicians 1. Sewer Board Lic. #1312345 Rolando Ortiz Lic. #E12345 Deyvin Morales Jeider Lopez Robert Blanchard Customer PO Payment Term Due Upon Receipt Due Date 8/8/2023 Job Address Town of Los Altos Hills 25605 Fernhill Drive Los Altos Hills, CA 94024 USA Description of Work Task # Description Quantity Your Price Your Total EXPL002 Scope of work is performing an exploratory excavation around the marked area on the 1.00 $2,500.00 $2,500.00 homeowners property. Perform a video inspection of the storm lateral and locate the area to be excavated. Excavate as needed to expose pipe and/or catch basin. Run the camera to see the condition of the rest of the pipe. Price includes labor and dump fees. Price excludes unforeseen barriers, landscaping, any repair, backfill and permits Add 3% if payment is made with a credit card. Any questions please call Bob 650 7841397 CHG- Scope of work is to repair storm drain from catch basin to homeowner's fence line. ORDER001 Place no parking signs according to city standards. Perform a video inspection of sewer lateral and locate the area to be excavated. Excavate as needed to expose pipe. Run the camera to see the condition of the rest of the pipe. Price includes labor and dump fees. Price excludes unforeseen barriers, landscaping, our exploratory work, and permits. CHG- Upon Excavation, we found a drain box with a rotted wood lid. ORDER002 Initially, we spoke with Daniel and we concluded that we were going to fabricate a new pressure -treated wood lid. Daniel decided to connect the two ends of the storm drain pipe together instead of making a lid. We jack hammer to expose the ends of the pipes to connect them together. When we exposed the pipe going in to the fence line, we discovered that the pipe was cut on the top. we connected together and we left it exposed because the homeowner wanted to dig 1.00 $7,500.00 $7,500.00 1.00 $4,000.00 $4,000.00 inside of the fence to confirm the condition of the pipe. CHG- Per Daniel's request, we fixed the irrigation pipe that was found to be broken 1.00 $1,000.00 $1,000.00 ORDER003 underground. CHG- Per Daniel's request cut a section of the curb up the street. 1.00 $1,500.00 $1,500.00 ORDER004 We cut the curb and made a channel so the water could flow through. CHG- Clean up tree branches and leaves from the job site. 1.00 $1,600.00 $1,600.00 ORDER005 Sub -Total $18,100.00 Tax $0.00 Total Due $18,100.00 Balance Due $18,100.00 Thank you for choosing Smelly Mel's Plumbing This invoice is agreed and acknowledged. Payment is due upon receipt. A service fee will be charged for any returned checks, and a financing charge of 1% per month shall be applied for overdue amounts. 8/8/2023 1 have inspected all of the work done by 1. Sewer Board pursuant to the contract terms agreed by me at Town of Los Altos Hills. I find that all work has been completed in a satisfactory and workmanlike manner. I have been given the opportunity to address concerns and/or discrepancies in the work provided, and I either have no such concerns or have found no discrepancies or they have been addressed by Smelly Mel's Plumbing Inc, to my satisfaction. My signature here signifies my full and final acceptance of all work performed by the contractor pursuant to the contract as agreed. 8/8/2023