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Home My WebLink AboutSmelly Mel's Plumbing (9)AGREEMENT -?- 15 ti THIS AGREEMENT is made and entered into on the day of November 2024 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: Task 1: Repair cracks in Manhole OMH1038 (Adobe Creek) — Stop groundwater infiltration into the manhole by injecting a waterproof concrete crack sealer to fill the gap between the concrete and 8"PVC sewer pipe. The manhole is 15 ft deep. Work shall be done in conformance with OSHA confined space requirements. Lumpsum Cost = $4,975 Task 2: Reconstruct concrete flow channel in Manhole OMH1047 (Adobe Creek) — Inspect the condition of the manhole base and reconstruct the concrete flow channel. The manhole is 14.5 ft deep. Lumpsum Cost = $5,105 ($1,000 for inspection & mobilization and $4,105 for constructing new concrete flow channel) Task 3: Locate and expose buried Manhole LMH1034 (Normandy Lane) — Trace and locate buried manhole LMH1034 and expose the manhole rim. Lumpsum Cost =$450 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: Exhibit A — Smelly Mel's email dated 11/21/2024 3. TERMS. The services and/or materials furnished under this Agreement shall commence 11/25/24 and shall be completed by 12/27/24, 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 Ten Thousand Five Hundred and Thirty dollars ($10,530) 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. 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 4/26/22 CONTRACTOR: By: Signature Date 6L/4dni1.�y{1 Print name, Title TOWN OF _ LS: By; a /® 2/ 2� Peter Pirnejad, CEy-19Fanager Dsfe Page 4 of 4 Exhibit A Daniel Liang From: Robert Blanchard <Robert.Blanchard @smellymels.com> Sent: Thursday, November 21, 2024 8:19 AM To: Daniel Liang Subject: FW: contract Attachments: cloc02130120241121081416.pclf Please see attached for signed contract The price for task #1 will be $4975 The price for task #2 will be $5105 The price for task #3 need to camera and locate only $450 once locate we can determine what is needed to repair the manhole e �F� .VJVV7 A(TMVIIIYOAt 6S8Z'CIF 7�t�i7QIS72I S31t1O S QSSOdOi w cmo o m m o an d 11 0 \\ loci �wx1i oao aoa�"$€� ¢m \ ¢Wm o "Iz j �` T'. LLI\\ \\ \—_ r o �m��< oox ZI.��o€-o v tii cru g� mea y6 \\ ��33�� CO ag3WJ- a LLz d M % REPORT ON CONDITIONS REQUIRING FOLLOW-UP WORK DATE: 11/19/2024 MAINLINE DESIGNATION /ADDRESS/ MANHOLE#: OMH1038 RHUS RIDGE EA REASON SUBMITTED: (Follow-up, needs repair work, mainline only) - INFILTRATION COMING FROM OMH1038 INTO MANHOLE FROM CREEK - RECOMMEND REPAIR REPORTED BY: JWK SUPERINTENDENT DISPOSITION: DATE: Signature EVALUATION/ACTION INITIATED: Signature/Position DATE: N:/Forms/MD-344 REPORT ON CONDITIONS REQUIRING FOLLOW-UP WORK DATE: 11/19/2024 MAINLINE DESIGNATION /ADDRESS/ MANHOLE#: OMH1047 RHUS RIDGE EA REASON SUBMITTED: (Follow-up, needs repairwork, mainline only) - INVERT OF CHANNEL SEEMS TO BE GONE - RECOMMEND REPAIR REPORTED BY: JWK SUPERINTENDENT DISPOSITION: DATE:/ l o`er —� 7 Pure 11"o, 1,-& i��i✓f�oGE' C' i%'iiYv�L A?�.��P� � �,x 412,�_ Signature EVALUATION/ACTION INITIATED Signature/Position DATE: NJFormsWD-344 REPORT ON CONDITIONS REQUIRING FOLLOW-UP WORK DATE: 9/17/2024 MAINLINE DESIGNATION/ ADDRESS/ MANHOLE/ SUBASIN # (IF CCTV NEEDED): 12859 Normandy Ln LMH1034 REASON SUBMITTED (CIRCL): (Follow-up, needs repair work, mainline only, CCTV) Please expose and raise to grade manhole. The approximate location of the manhole is marked in white. REPORTED BY: Heath Cortez SUPERINTENDENT DISPOSITION: TE: Signature tri QIP EVALUATION%ACTION INITIATED: DATE: Signature/Position On-line input N:/Forms/MD-344 A� " CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, 12/21/2023 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(iies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Roham Tayebi NAME: Capital Providers Insurance PAHOINE (818) 676-0016 ASD (818) 676-0015 Ext Na License #OH52316 E-MAIL roham@cpisgroup.com ADDRESS: INSURER(S) AFFORDING COVERAGE NAIC # 20750 Ventura Blvd., Ste 305 Woodland Hills CA 91364 INSURERA: Associated Industries Insurance Company 23140 INSURED INSURER B: Security National Insurance Company 19789 Mike Allen INSURER C: Hartford Casualty Insurance Company 29424 300 Shaw Rd INSURER D: INSURER E: S San Francisco CA 94080 INSURER F: COVERAGES CERTIFICATE NUMBER: 23-24 BA, GL, XS & WC REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE ADDLISUHR INSD WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 CLAIMS -MADE � OCCUR DAMAGE TO ccurrence $ 50,000 PREM SES Ea occurrence) M ED EXP (Any one person) $ 1,000 PERSONAL&ADV INJURY $ 1,000,000 A Y AES123770600 12/18/2023 12/18/2024 GEN'LAGGREGATE LIMITAPPLIES PER: GENERAL AGGREGATE $ 2,000,000 X POLICY ❑ PRO ❑ LOC JECT PRODUCTS - COMP/OPAGG $ 2,000,000 Employee Benefits $ 1,000,000 OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident BODILY INJURY (Per person) s ANYAUTO B OWNED X SCHEDULED AUTOS ONLY AUTOS Y SPP1818395 00 12/20/2023 12/20/2024 BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident X HIREDX NON -OWNED AUTOS ONLY AUTOS ONLY Uninsured motorist $ 1,000,000 UMBRELLA LIAB OCCUR 4,000,000 EACH OCCURRENCE $ A EXCESS LIAB HCLAIMS-MADE Y XLS2003349 12/18/2023 12/18/2024 AGGREGATE $ 4,000,000 DED I I RETENTION $ $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE 7 OFFICER/MEMBER EXCLUDED? (Mandatory in NH) N /A 72WECBA7V1 J 10/27/2023 10/27/2024 PER OTH- STATUTE ER E.L. EACH ACCIDENT $ 1,000.000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 If yes, describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE - POLICY LIMIT $ 1, 000, 000 DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The Town, it's elected or appointed officials, employees and volunteers are included as additional insured on the general liability policy, primary & non-contributory with respect to the operations of the named insured per attached endorsement. Also, included as an additional insured on the auto liability policy, primary & non-contributory with respect to the operations of the named insured per attached endorsement. Umbrella policies follows form for the underlying policies with respect to the operations of the named insured per attached endorsement. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Los Altos Hills ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road I AUTHORIZED REPRESENTATIVE Los Altos Hills CA 94022 @ 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD