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HomeMy WebLinkAboutCM Controls 03.18.2026EM -ON -4 THIS AGREEMENT is made and entered into on the 18th day of March 2026 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and CM Controls (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 New Control Panel for the O'Keefe Sewage Pump Station, Los Altos Hills Furnish a new control panel, NEMA 3R meter pedestal type enclosure, as described in CM Controls' Quotation No. Q26-528. Deliver the items to the Los Altos Hills Corporation Yard, 27400 Purissima Road, Los Altos Hills, CA 94022. Site contact: Michael Schloetter, (650) 531-5123. This agreement supersedes the 2024 "New Control Panel for the O'Keefe Sewage Pump Station" agreement, which expires on February 14, 2025. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A: Proposal from CONTRACTOR dated February 18, 2026 TERMS: 1. Upon receipt of executed PO between CM Controls and Town of Los Altos Hills, CM Controls will invoice for 50%, to be paid immediately. 2. Upon receipt of the check for the first 50% invoice, CM Controls will ship the product immediately to the town and invoice the remaining 50% balance. 3. TERMS. The services and/or materials furnished under this Agreement shall commence March 18, 2026, shall be delivered by May 31, 2026, and shall be completed by December 31, 2026, 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 forty seven thousand four hundred sixty two dollars and eleven cents ($47,462.11) 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. OPT VA MM1101 4�1 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 lia bility 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: ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $2,000,000.00 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. iv. ERRORS AND OMISSIONS I-N-SURANCE: $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 -1 CA 94022 c. NON-DISCRI MI NATION. 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 Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 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 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: �Digitally signed byJarrod Slate 2026.03.06 14:57:31 -08'00' By: Signature Date Jarrod Slate, COO Print name, Title TOWN OF LOS ALTOS HILLS: By: Cody Einfalt, Ac City Manager Date Page 4 of 4 6ONTROLS 3070 Bay Vista court Benicia, CA 94510 707-746-6255 www.cmcontrols.com Name/Address CASH SALE Town of Los Altos 26379 Fremont Road Los Altos Hills, CA 94022 Quoted by Terms Jarrod Slate COD A Description Subject: New Control Panel for the O'Keefe Sewage Pump Station, Los Altos Hills M D B -240V-2 H P -N/3 R+I D+I S+ET+HT+M R+A D+AH +AC(7)+C H +IL+DI4+XR(1)+XI(2) NEMA 3R Meter Pedestal type enclosure with inner doors. 240V13PH/6OHz 4 -wire supply. 7 -jaw meter socket with Test -block. Main Breaker and Emer Breaker in meter section. Approximate dimensions: 57"H x 51 "W x 24"D. Meter section is 24"W, Control section is 27"W. (2) filter louvers on the right side of the control section. The control section (front right side of enclosure) will have one full length inner door. Don't need the separate compartments. Meter Pedestal will have the 100A manual transfer breakers, 100A generator receptacle, and distribution panel. 120/240V Distribution panel breakers are: 30A 2P Dist. Panel Main CB 15A 2P Spare CB (was compressor) 15A 1 P T-Stat and Lights CB 15A 1 P Receptacle B 15A 1 P Spare CB (was Recorder) 15A 1 P Telemetry CB 15A 1 P Level Control CB 15A 1 P Spare Inner door on lower half of the meter section, and the full Page 1 Quotation Date Quote No. 2/18/2026 Q26-5286 Rev. No. Project O'Keefe Pump Station Qty NET price Total 1 35,820.30 35,820.30T Total Sales Tax (9.125%) 6CONTROLS 3070 Bay Vista Court Benicia, CA 94510 707-746-6255 www.cmcontrols.com Name/Address CASH SALE Town of Los Altos 26379 Fremont Road Los Altos Hills, CA 94022 Quoted by Jarrod Slate Terms COD Description EXHIBIT A control section. No inner door in the section on the back side of the encl Mount auto -dialer here. One half height wing nut/studded inner door in pull secti utility sealing. Padlockable doors. Panel interior lighting and space heater. Zelio float controller. PDB if required. 2HP 6.8 FLA each NEMA SZ1 starters 4 -float ISR operation. Floats are by others. 15A GFCI receptacle protected by 15A 1 P distribution p; CB. HOAs, Run lights, Ready lights, Call To Run, ETMs. HLA light and horn with silence and aux contact. Call To Run is a separate light. Control transformer not required. Getting 120V from hot neutral. Power fail relay with 0-180 sec. time delay and aux cont Heat shrink wire markers. Terminals for connection of field devices. Device ID name plates. UL 508A label. No start-up. Aux contacts for: Run, Call To Run, Fail, and HLA Aux contacts wired to the Raco Guard -It 4 -CH dialer Labor -Engineering, production, and commissioning Quotation Date Quote No. 2/18/2026 Q26-5286 ii Rev. No. Page 2 Sales Ta, (9.125%) I&ONTROLS EXHIBIT A 3070 BayVista Court Benicia, CA 94510 707-746-6255 www.cmcontrols.com Name/Address CASH SALE Town of Los Altos 26379 Fremont Road Los Altos Hills, CA 94022 Quoted by Terms Jarrod Slate COD Description Qty One -day of start-up on site in Los Altos, CA is included. Enclosure paint is standard ANSI 61 gray (not tan). No chart recorder. NOTES/TERMS: 1. Project built internally under "BayTech 24-3338" 2. This product is complete and ready for immediate shipment. 3. Upon receipt of executed PO between CM Controls and Town of Los Altos Hills, CM Controls will invoice for 50%, to be paid immediately. 4. Upon receipt of the check for the first 50% invoice, CM Controls will ship the product immediately to the town and invoice the remaining 50% balance. 5. Final 50% payment to be made within 1 week of final invoice. Page 3 Quotation Date Quote No. 2/18/2026 Q26-5286 Rev. No. Total $47,462.11 :Sales Tax (9.125%) $3,268.60 EXHIBIT A Daniel Liang From: Angelo Kalaveras <angelok@baytechengineering.com> Sent: Wednesday, March 18, 2026 10:19 AM To: Daniel Liang Cc: James Conroy Subject: RE: Sewage Pump Control Panel - Los Altos Hills Daniel, Typically it is One (1) year warranty. I will be sure to issue this documentation upon delivery. Thank you, Angelo Kalaveras BAY k i ENGINEERING LIC 4905122 •135:1 Vin Dyke Av Suite 2�1 - S� ,1 - �San Fr:Y t�l f.5•:. •:J, l„'y �i 41L4� 41...4'..!..!,4=v,"i From: Daniel Liang <dliang@losaltoshills.ca.gov> Sent: Wednesday, March 18, 2026 10:18 AM To: Angelo Kalaveras <angelok@baytechengineering.com> Cc: James Conroy <jconroy@losaltoshills.ca.gov> Subject: RE: Sewage Pump Control Panel - Los Altos Hills Angelo, Does the control panel come with a warranty? It is not stated in the quotation. Thanks! Daniel From: Angelo Kalaveras <angelok@baytechengineering.com> Sent: Wednesday, March 11, 2026 11:24 AM To: Daniel Liang <dliang@losaltoshills.ca.gov> Cc: James Conroy <iconrov@losaltoshills.ca.gov> Subject: RE: Sewage Pump Control Panel - Los Altos Hills Hello Daniel, Please find attached signed agreement from CM Controls and W-9 form. Please return formally executed agreement to me in order to coordinate payment and delivery. Thank you, Angelo Kalaveras BAYh i a1+1 C I ENGINEERING LIC- F995122 - 135c) Van D•}eke A%• , Suite 2'11 - San Fr,iri•::is•::•::, CA 94124 - 41 5.4?);),469..