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HomeMy WebLinkAboutAmendment No.1 SDM Construction 08.15.25AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE TOWN OF LOS ALTOS HILLS AND SDM CONSTRUCTION. THIS AMENDMENT NO. I TO THE SERVICES AGREEMENT is made at Los Altos Hills, 11 n California,aas of q�. L025, by and between THE TO" OF LOS ALTOS HILLS ("Town"), a manic al corporation, and SDM CONSTRUCTION. ("Consultant"), (sometimes referred together as the "Parties") who agree as follows: RECITALS A. On June 11, 2025, Town and Consultant entered that certain Services Agreement ("Agreement") whereby Consultant agreed to provide removal and installation services for existing garage doors to four new commercial steel pan doors for the Town's Corporation Yard Improvements Project. A true and correct copy of the Agreement and its exhibits is attached as Attachment A. B. Town and Consultant now desire. to amend the Agreement. NOW, THEREFORE, for and in consideration of the promises and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Town and Consultant hereby agree as follows: 1. All terms which are defined in the Agreement shall have the same meaning when used in this Amendment, unless specifically provided herein to the contrary. 2. Compensation: The original Agreement compensation sum is $36,800. An additional amount of $1,200. Town hereby agrees to pay Consultant a sum not to exceed $3 8,000, notwithstanding any contrary indications that may be contained in the original agreement and the Consultant's proposal May 18, 2025 (Attachment B) to be performed and reimbursed costs incurred under this Agreement. All other terms, conditions and provisions in the Agreement. remain in full force and effect. If there is a conflict between the terms of this Amendment and the Agreement, the terms of the Agreement will control unless specifically modified by this Amendment. [SIGNATURES ON THE FOLL 0 WING PAGE) Dated: 08/10/2025 TfTAAVN 0 OS ALTO,$HILLS 'Iff o Peter Pi Attested: City Manager BY:r' ka Birdsong -Miller, City Clerk SDM CONSTRUCTION By. Deyan Dinev, Owner Payment Nc 1 Period: July 2, 2025 to July 18, 2025 Project Name / D Garage Door Replacement at Corporate Yard Date: Contractor Name SDM Construction Contractor Addre 2055 Sierra Rd, Apt. 57, Concord, CA 94518 OR Total Cost of Contract Change Orders to Date $1,200.00 Current Contract Value $ 38,000.00 Sheet 1 of 1 . 7/18/2025 Current Payment Data Value of Original Contract Work Completed (Attachment) $36,800.00 Value of Change Order Work Completed (Attachment) $1,200.00 Total Value of Work, Including Change Orders, Completed $ 38,000.00 Letter of Credit: Expiration/, Date ! / $ - Previous Culmulative Retention Withheld $ This Payment Retention Withheld $0.00 Deduct Total Retention $ - Deduct Value of Unsatisfied Claims, Stop Notices by Others against Contractor (see attachment) $ - Deduct Value of Unsatisfied Claims by District Against Contractor (see attachment) $ Total Value of Work Due to Date $ 38,000.00 Deduct Previous Progress Payments $0.00 Deduct any District Paid Escrow Funds Released $ BALANCE DUE THIS PROGRESS PAYMENT $ 38,000.00 Submitted by: Deyan Dinev Attachment: Schedule of Values contractor Contractor Name: Contract #: Contract Date: NTP Date: GL #: TOWN OF LOS ALTOS HILLS %'J ALTOS W SDM Construction 6/2/2025 7/3/2025 Project Name: 'Corp -oration. Yardlmpkdvohbnts - PRELIMINARY CHANGE AS FOLLOWS: Within (7) days provide and submit to the Project Manager a complete and itemized proposal including but not limited to the following items: cost breakdown of Labor, Material, EauiDment. Markup, Construction Schedule. etc. Provide either ADD or DEDUCT to the oriciinal Contract Amount. Scope of Work: Ref. (Drawings, Specifications, Others): Due to the very low ceiling clearance at the site, we opted to install jackshaft Signature/Date openers in place of the traditional ceiling -mounted (trolley) openers (originally Authorized Representative, Name & Title (PRINT) Degan Dinev-Owner 08/15/2025 quoted). Signature Date This adjustment was necessary for both spatial and operational efficiency. 3 - PROJECT INSPECTOR (PI) - (when applicable) Jackshaft openers are mounted on the wall beside the garage door rather than Signature / Date overhead, allowing us to maximize ceiling clearance. They also offer smoother 4 - PROJECT MANAGER (PM) operation, improved security, and reduced noise—making them a superior solution Signature / Date for this installation. Final Cost of this PCO The Contractor requests that time will be _X --Increased; 0 Decreased; By Working Days NOTE: The Contractor waives any claim for further adjustments of the Contract Sum and Contract Time related to the changes in Work as described above. 1 - REVIEWED & RECOMMENDED (Architect/Engineer of Record) 5 -CONTRACTOR ACCEPTANCE Stamp (when applicable) Signature/Date Company Name: SDM Construction Address: 2055 Sierra Rd, Unit 57, Concord, CA 94518 Authorized Representative, Name & Title (PRINT) Degan Dinev-Owner 08/15/2025 2 - CONSTRUCTION MANAGER (CM) - (when applicable) Signature Date Signature / Date 3 - PROJECT INSPECTOR (PI) - (when applicable) 6 - CITY REPRESENTATIVE Signature / Date Signature / Date 4 - PROJECT MANAGER (PM) DSA APPROVAL (when applicable) Signature / Date Signature / Date AGREEMENT THIS AGREEMENT is made and entered into on the day of 2025 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and SDM Construction. (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: Removal and disposal of four existing garage doors and hardware per EXHIBIT A. Supply and installation of four new commercial steel pan doors and associated equip"Ment per EXHIBIT A. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A — Proposal from contractor dated May 18, 2025. 3. TERMS. The services and/or materials furnished under this Agreement shall commence. June 2, 2025 and shall be completed by July 2, 2025, unless terminated pursuant to Section 5ft 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed thirty-six thousand eight hundred dollars and zero cents ($36,800.00) within thirty (30) days following receipt of invoice and completion/delivery of services/goods as detailed in Sections 17 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. I 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. I c. CONTRACTOR is responsible for Imonitoring 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. Town of Los Altos Hills Page I of 4 Short form Updated 4/26/22 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: 1 94- 1 JI I I I I 111me I MUM ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DA-1TIAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal damage, contractual and p rem ises/ope ration, 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. 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 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/26/22 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 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 the Utility Engineering Manager and the City Manager as Contract Administrator for this Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 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 w(itten notice to the CONTRACTOR, Fa 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. INVOI. li a Send .ii invoices to the contract coordinator at the address below. This Agreement shall, become eftetive 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: Astha Khanal, EIT Assistant Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 04022 ;W BY: 09LO .,L)41-5 ,IcginatureDate 'D *1 .0. VJ 61.t Print)ame, Title W Town of Los Afton Hills Page 4 of 4 snort form Updated 4)2692 Fom, W'9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Treary Npartment of me su • A partnership, corporation, company, or association created or send to the IRS, ht-ernal Revenue Sennce A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) Name (as shown on your income tax return) N Deyan Dinev CL Business name, it different from above o SDM Construction 9 O Check appropriate box: rX-1 Individual/Sole proprietor ❑ Corporation ❑ Partnership Exempt ❑ ❑ resident alien), to provide your correct TIN to the person Limited liability company. Enter the tax classification (D=disregarded entity, C=corporation. Partnership) 0. I payee 6 i ❑ Other (see Instructions) c Address (number, street, and apt or suite no.) Requester's name and address (optional) a 2055 Sierra Road #57 2. Certify that you are not subject to backup withholding, or Tam of los Altos hills z's City. smte, and z� code 26378 Fremont Road exempt payee. If applicable, you are also certifying that as a Concord, CA 94518_ _ los Altos Hills, CA 84x22 ID List account numbers) here (optional) ttaettuncauvn rruritLer t, Enter your TIN in the appropriate box. The TIN provided must match the name given on Una 1 to avoid socia, secrmty number --I backup withholding. For individuals, this is your social security number (SSM). However, for a resident 002 : 04 : 3762 alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other entities, it is your employer identification number (EIN). If you do not have a number, see /-tow to get a TIN on page 3. or Note. if the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number number to enter. Under penalties of perjury. I certify that: 1 The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding, and 3. 1 am a U.S. citizen or other U.S. person (defined below). Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report at interest and dividends on your tax return. For real estate transactions, item 2 does not appy. For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See t!VA ructions on page 4. Sign Signature of Here U.S. person Date ► 06/06/2025 General Instruc'tirto-ns Definition of a U.S. person. For federal tax purposes, you are Section references are to the internal Revenue Goole unless considered a U.S. person if you are: otherwise noted. * An individual who is a U.S. citizen or U.S. resident alien, Purpose Form • A partnership, corporation, company, or association created or of organized in the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer identification number (TIN) • An estate (other than a foreign estate), or to report, for example, income paid to you, real estate • A domestic trust (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301 7701-7). abandonment of secured property, cancellation of debt, or contributions you made to an IRA Speciall rules for partnerships Partnerships that conduct a Use Form W-9 only if you are a U.S. person (including a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it (the requester) and, when applicable, to: has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable, you are also certifying that as a income. U.S. person, your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S. trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding foreign partners' share of effectively connected income on its allocable share of net income from the partnership Nota If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the request your TIN, you must use the requester's form if it is following cases: substantially similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity. Cat. No. 10231X Form W-9 (Rev. 10-2007) SDM Construction PROPOSAL SUBMITTED TO: Michael Schloetter BID - PROPOSAL DATE: 05/18/2025 PROPOSAL NO: 05182501 WORK TO BE PERFORMED AT: Corporation Yard Locker Los Altos Hills 27400 Purissima Rd Los Altos Hills CA Los Altos Hills CA Phone: (650) 947-2542 FM Construction To Begin: 06/02/2025 Contract Completion Date: 06/06/2025 We hereby propose to furnish all materials and necessary equipment, and perform all labor necessary to complete the following work: The Project is generally described as: Removal and proper disposal of four (4) existing garage doors and associated hardware. Supply and installation of four,,(4) new Commercial Steel Pan Doors. Each door equipped with a LiftMaster 84602 automatic motor. Minor electrical enhancements to provide power sources near each motor, including: Installation of necessary wiring and outletsEnsuring compliance with local electrical codes. *Prevailing wages included All material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted for above work and completed in a substantial workmanlike manner for the sum of dollars ($ 36,800 ) with payments to be made as follows: Lump sum after full completion You, the homeowner (buyer) or tenant have the right to require the contractor to furnish you with a performance bond. You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. Cancellation by the buyer after the right to rescind has passed, shall be deemed a material breach of this agreement and entitles the contractor to damages. Contractors are required by law to be licensed and regulated by the Contractors' State License Board. which has jurisdiction to investigate complaints against contractors if a complaint regarding a patent act or omission is filed within four years of the date of the alleged violation. A complaint regarding a latent act or omission pertaining to structural defects must be filed within 10 years of the date of the alleged violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000, Sacramento, California 95826. Respectfully Submitted. SDM Construction 2055 Sierrra RD, #57 Deyan Dinev Deyan Dinev2025.05.1817,42:38 Concord CA 94518 By: -07'00' Contractor's License #: 1090119 Phone: (415) 610-0444 FM Acceptance of Proposal. Date: (Owner Signature) Note: This proposal may be withdrawn by us if not accepted within 60 days. If this Bid -Proposal is accepted, work will commence approximately on or about 06/02/2025 and will be substantially completed approximately 5 days thereafter. THIS BID -PROPOSAL IS NOT A CONTRACT. THIS BID PROPOSAL MAY ONLY BE ACCEPTED BY THE EXECUTION OF A WRITTEN CONSTRUCTION AGREEMENT SIGNED BY THE CONTRACTOR. NO CONTRACT IS FORMED UNTIL A SEPARATE WRITTEN CONSTRUCTION AGREEMENT IS EXECUTED, FORM 201 -1 0 2003 BUILDER'S BOOK, INC. www.buildersbook.com COMMERCIAL PAN PRODUCTS Complete Line of Commercial Steel Pan Doors Product Details Steel Commercial Pan Doors V Door: 10 yr p Hardware: 1 yr It Springs: 1 yr • R-7.4 with Opt. Insulation • White (all models) or Brown (255P & 254P) • Steel (25, 24, & 20 gauge) * 3 Window Designs • 2" Section Thickness Thermal Rating 0 0 0 0 0 Durability 0 0 0 0 0 Low Maintenance 0 0 0 0 0 255P panels are also produced in woodgrain texture for short raised panel design in white or brown color. 255P panels are produced in deep ribbed design and stucco texture surface in white or brown color. Window Design Options 250P and 254P panels are produced in deep ribbed design smooth texture surface in white. The 254P is also available in brown color. 2 COMMERCIAL PAN PRODUCTS White Ribbed Panel with 24" x 6" White Windows Brown Ribbed Panel with 24" x 6" Black Windows 3 White Ribbed Panel with 24" x 6" Windows 0 24" X 6" 24" X 12.. 1 © Clear anodized full -view aluminum section For the 255P and 254P, windows are available standard in black and optional white or brown. 2 For the 250P, windows are available standard in black and optional in white. 2 COMMERCIAL PAN PRODUCTS White Ribbed Panel with 24" x 6" White Windows Brown Ribbed Panel with 24" x 6" Black Windows 3 White Ribbed Panel with 24" x 6" Windows Product Details =Standard Steel Commercial Pari Doors - A Complete Line of Offerin S to Meet Your Needs �=UUnavailable Mt del 2551 254:P 25,op tndard Iu#j/ I avy Quty Inclustrai Duty Maximum Size Range 20'2" w x 20'h 242" w x 20' h 24'2" w x 20' h Steri Gauge 24 g 2'0a Deep Ribbed Deep Ribbed Deep Ribbed Design Options Short Raised Panel (only in certain configurations) TeXture Stucco Cheep Ribbed. Smooth 5mc�ath Woodrairt:' .Short Raised Panel Color Options White White White Brown Brawn Gilass.t?ptions in) 24 X.6 or 24 x 12 Black Frames i 4!► i 24 x 6 or 24 x 12 White Frames 0 O 0 24 x 6 or 24 x 12 Brown Frames O 0 — ------------------------------ Clear Anodizec Full -View Aluminum. Section 0 0 c Rope 9 r 0 '; Locks Slide Lock ► 0 0 T -Handle 0 0 0 Cylinder 0 O Mini -Warehouse O O 0 Track Cion iguratian Bracket Mount 0 0 0 Continuous or Reverse Angle (per weight & width rules) 0 O 0 Tapered Angle (21 0 0 0 3" Track 0 O 0 Flo+r Secl ------------ Grey 3" Vinyl Fi©or Seal i 0 • Black 4" Vinyl Floor Seal (shipped separately) O 0 O Arclware -------------- 14 ga. Hardware 9 0 i 11 ga. Hardware (end and center hinges) 0 0 c? ADDITIONAL OPTIONS . 13 ball bearing sealed rollers 2" & 3" • Higher Cycle Spring options: (25K, 50K & 100k) . 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