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HomeMy WebLinkAboutExpress Plumbing, Inc. L0 AGREEMENT THIS AGREEMENT is made and entered into on the 24th day of May, 2017 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Express Plumbing, Inc. (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: 1) locate three sanitary sewer main in vegetated area with poision oaks with camera 2) provide access to the manholes by cleariing poision oaks along alignment of the sanitary sewer main to the manholes 3) install 4X4 markers at the manholes 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated April 13, 2017 3. TERMS. The services and/or materials furnished under this Agreement shall commence 5/24/2017 and shall be completed by 6/30/2017, 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 two thousand and six hundred dollars and zero cents ($2,600.00) 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. 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. Town of Los Altos Hills Page 1 of 4 smnm,m updated 4r23/10 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: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits. ii. 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 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form UpdaIM 4/23110 b V 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. Town of Los Altos Hills Page 3 of 4 Short form Updarea 4123n0 it Via h. 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: CONTRACTOR: Allen Chen Public Works Director Town of Los Altos Hills By: e °�`6 -013`4 t 26379 Fremont Road gnature J Date Los Altos Hills, CA 94022 JG rte t Tia vide n 27-a-11 0j Cc:f M4kul c f Print name,Title TOWN OF LOS ALTOS HILLS: By: ce, k r4 5 L2•512:°Carl Cahill, City anager ate Town of Los Altos Hills Page 4 of 4 Shan form Updated 4/23/10 b IVO Form W'9 Request for Taxpayer Give form to the Aa.°"°b`21011 Identification Number and Certification requester. Do not send to the IRS miafx ev.enx sour`, • NORMANS shown on your income cox Awn) a I.----rs a, $ _ Business edifferent nom clow, P'-'." .,� J o 1- Check ry morie.box:U LwWkul$oS P4+l.tet L Co-mason ❑ PoMCWV ❑ Limited scour oaprw.Erne-the cox de..ific trr Ipe'weoometl entity.C=Cmpmation,Pw.an++w)F I f� Payee t H 1 ] art an Ae,4eme o- `cgatlreee ywtt snot.and ape Dun 1 Ra4+eetr'e rem and address(oFGarep / �j j-./- &b $ _ �__ �/ �� -! ' �LU_ _..__ __ 1 Twn of Las Anes Hills C' SIM•,rid ZP � Alt_ G'/( /�'Sy 0/ 26379 Fremont Read ILosAltosKills,CA04022--_—_---- • List account'lamberts)bre kvamae Part I Taxpayer Identification Number(TIM_, Enter your TIN In the appropriate box.The TIN provided must match the name given on Une 1 to avoid SoSol••u.ry mother backup wilhlaldng.For individuals.this is your social security number(SSW However,for a resident . ...i alien,sole proprietor,or derogated entity,see the Pad 1 Instructions of page 3.For other entities.It is '--' you employer identification rvnber(EIN).If you do not have a number,See How to Of a PN on page 3. or Note.H the account Is N moue than one name,see the chart on page 4 for guidelines on allose ersokin.rionatecouln ICP' number I number to enter. • 3(i) ism Certification -__---- Under penalties of perjury.I certify that: 1. The comber shown on this form is my correct taxpayer identination member(or I am waving for a number to be issued to me).and 2. I am lot subject to backup v4 hholang because:(a)!m exempt from backup withhold no,or(o)I have not been notified by the!Memel Revenue Service(IRS)that I am subject to backup vAtMtldng as a result of a failure to report all interest a dlWdera.or(C)the IRS Inas notified me that I an no longer subject to backup wiMtddng.and 3. I am a U.S.citizen or other U.S,person(deened below). Certification Instructions,You must cross out noun 2 above if you have been notified by the IRS that you are atreay subject to badup withholding because you have failed to report a1 interest and dvdends on your tax ratan.For real estate transactors.Item 2 does not appy. For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt,contbufions to an individual retirement arrangement(IRA).and geremly,payments other can interest and dividends.you are not required to sign rte Certlffkatian,but you must provide your correct TIN.See the instructions on page 4. Sign m �ylHe I us.pram � Ca• ce W7Y General Instfucb ns Definition of a U.S.person. For federal taxa P Poses. you are considered a U.S.person 9 you are: Section references we to Internal Revenue Cale unless •An ind•Ndual who is a U.S.citizen or U.S.resident alien, otherwise noted. •A partnership,corporation,company,or association created or Purpose of Form 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 you'correct taxpayer identification number(IIN) • An estate(other than a foreign estate),or to report,fa example,income paid to you,real estate • A domestic trust(as defined in Regulations section transactions.mortgage Merest you paid.acquisition or 301.7701-7). abandon tint of secured property,cancellation of debt, or Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA trade a business In the United States we generally reputed to Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any faegn patners'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 regmaed 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 Unted States. provide Form W-9 to the partnership to establish your U.S. 3,Claim exemption from backup withholding d you aro a U.S. status and avoid w hholding on your share of paNarshp exempt payee.If appllabfe,you are also certifying that as a income. U.S.person,your ailocablo 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 ptrposes of establishing Its U.S.status and avoiding withholding foreign partners'share of effectively connected inane, on its allocable shore of net income from the parbrershp Note.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 TN.you mist use the requester's tam 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.10231% Form W-g fu..so-2007) I ,• UNDRRGROUNDCONSIRUCITON 307 N Amphlett Blvd. dba licpres.uPlumbing San Mateo,CA 94401 Residential-Commoial-Industrial Tel.800 246-6425 General Engineering Contractor California Lie 778428(A,B,C36) Fax 650 343-8256 CONFIDENTIAL - Proposal / Contract EPS Inc.Privileged Information Proposal Submitted To Client: Date of this Proposal: Town of Los Altos Hills Attn:Jen Chen April 13,2017 revised May 4,2017 _ Name of Owner if different from Client: Telephone: (650)941-7222 Email:Jen Chen<JChen@losaltoshills.ca.gov> Billing address: Location oflob: Los Altos Hills We are pleased to submit this Proposal and Contract for: Job Description EPS will perform the following work: • Locate three different manholes in three separate locations. • All three manholes are located in vegetated areas with poison oaks. • we will clear poison oaks in the paths to the Manholes so the Town has accesses to the manholes. • Use the pan and tilt camera to locate lines and then clear the paths and mark locations of each manhole Cost $2450.00 • Install 4x4 markers at three manhole locations Cost $50.00 each total $150.00 Proposal Total $2600.00 Payments:Owner shall pay Contractor the sums listed above,subject to additions and deductions provided herein,in installments as follows: 10%down payment upon acceptance of proposal Progress invoices relative to the percentage of completed work will be generated and are due upon..., Serving the entire Bay Area since 1989 Copy to Client Client Signature ..r fir El'S Inc. Construction DBA Express Plumbing Page 2 of 3 _ _... To be paid by: Check ; Credit Card No. (Exp Date ); Job Start Date: Job End Date: Delay: EPS Inc.(Contractor)shall be excused of any delay in -Due to the emergency nature of this Job,EPS Inc.will immediately completion of the contract caused by acts of God,the acts of the owner begin processing necessary Permits after Client Acceptance and or their agent,employee or independent contractor,contractors hired schedule the work for directly by the owner,adverse weather conditions,labor troubles,acts of Therefore,Client hereby waives the right to cancel this Job within Public utilities,Public bodies or inspectors,extra work,failure of the three(3)days: (Client Initials) owner to make payments promptly,fire,delay in transportation. unavoidable casualties or other contingencies unforeseeable or beyond -This Proposal may be withdrawn by EPS Inc.within day(s) the reasonable control of the contractor. if not accepted by Client from date of the Proposal. 6Ol ICE Contractor,subcontractors,suppliers and other persons who help to - A monthly I ''h% penalty will be charged on past due accounts. improve your property have the right to enforce a lien against your property for unpaid balances(Mechanics' Lien Law—California Code of Civil Procedure,Section 1181 et seq.) No contractual rights arise until both parties in writing accept this proposal. The following terms &conditions are hereby declared an integral part of this proposal Standard Exclusion List:All permits,tees,and bonds. Concrete removal and replacement unless noted on proposal.Cost of compaction testing. All onsite spoils removal and hazardous material removal.Not responsible for damage to unmarked utilities.Trenching in ground or rock where we can't dig at least 50 If hr at 4' of depth with a 580 backhoe or 100 If per hr.with 5200 lbs excavator will go to time and material. All dewatering. There will be extra cost occurred if we have to deviate from the plans due to unforeseen problems,or if directed by the city inspector,the engineers of the project,and any other of the owners representative. There will be an extra charge for all asphalt saw cutting and removal after 10"thickness. Not responsible for connections to existing piping. EPS is not responsible for the condition of the existing piping and connection to existing piping. No testing of backflow devices. No engineering.No landscape replacement.No asphalt grinding.Not responsible for tie in at building and at the main for sewer lines and water lines due to ground movement beyond our control. There will be added cost if trenching through arca filled with concrete, asphalt, and such debris that slow down trenching and backfill procedure.No fence removal/replacement.No addendums are included unless noted on the proposal.No AC removal/replacement unless noted on proposal.This quotation is based on drilling in sand,silt,and clay and does not include rock,cobble,sandstone or fill material.Additional compensation will be required for drilling in rocky soil conditions. Drilling in rock soil conditions may be indicative by the following,increase hydraulic pressures on the drill rig,decreased penetration rates during pilot hole and pre-reaming operations(greater than I minute per IS foot drill rod),bits and reamers for drilling in rock arc required for penetration.All quotes are good for 30 days due to the weekly cost increase of materials. Insurance: Owner shall procure at his own expense and before the commencement of any work hereunder, fire insurance with course of construction, vandalism and malicious mischief clauses attached, such insurance to be in a sum at least equal to the contract price, with loss, if any, payable to any beneficiary under any deed of trust covering the project. Owner shall obtain and pay for insurance against injury to his employees and persons under Owner's direction,persons on the job site at Owner's invitation,and Owner's guests.Contractor shall carry Workmen's compensation insurance as required by law. Warranty:Contractor warrants to the owner that all materials and equipment furnished under this Agreement will be new unless otherwise specified,and all work will be of good quality,free from faults and defects and in conformance with the Contract documents. If within one year after the date of substantial completion of Contractor's Work or designated portion thereof,or one year after acceptance of the Owner of designated equipment or work, or within such longer period of time as prescribed by the terms of any applicable special warranty required by the contract documents, any of the work is found to be defective or not in accordance with the contract documents,the Contractor shall correct it within a reasonable time after receipt of a written notice from the Owner to do so,unless the Owner has previously accepted such condition.The Owner shall give such notice promptly after discovery of the condition. Right to Stoo Work:Contractor shall have the right to stop work if any payment shall not be made timely to contractor under this agreement.Contractor may keep the job idle until all payments are received. Furthermore,the Contractor may at his option terminate the contract and the owner shall be liable to the contractor for breach of contract,and all damages resulting therefrom. Protection of Work: Owner shall effectually secure and protect the work done by contractor hereunder and assume full responsibility for the condition thereof Owner shall be liable for any loss or damage to any work in place or to any equipment and materials on the job site caused by Owner or his agents, employees or guests. Control of the Work: For the proper execution of the work, Contractor must have sole control over the work and coordination of subcontractors and employees. The owner may make changes in the work as provided by this agreement, but such changes must be coordinated solely through contractor. Owner shall not request any changes in the work directly from any Contractor's subcontractors,employees or suppliers. Concealed and Changed Conditions: Contractor shall notify Owner of any conditions at the site or which were concealed from Contractor's reasonable inspection of the site, including but not limited to: hard rocky ground, and concealed gas telephone, cable, and/or utility lines. Owner as extra work shall pay for any expense incurred due to such concealed or changed conditions. Damage to Property: Owner understands that in the perfomiance of the work,Contractor or his employees may cause damage to existing real and personal property at the exterior of the site including, but not limited to, landscaping, fences,driveway, sidewalks, and irrigation and to the existing interior of the residence and/or garage, and to Owner's personal Property at the site but shall not be responsible for any such damage, in the absence of malice or gross Serving the entire Bay Area since 1989 Copy to Client Client Initials_ two 410 EPS Inc. Construction DBA saws Plumbing Page 3 of 3 negligence. Owner assumes the risk of any damage for personal injury or properly damage to owner or any third parties if owner continues to occupy the building/residence during the course of the work. Disclaimers:Contractor shall not be responsible for any labor or materials supplied by others on this project,or for any damages arising out of any labor or materials provided by others on this project. Contractor cannot guarantee his work to the extent that it is dependent upon work performed by other contractors who were not hired by Contractor. Contractor will use its best efforts but is not responsible for matching any pre-existing concrete or landscaping of Owner.Contractor shall also not be responsible for any earth movement or settlement of Owner's property. Notice to Contractor: If the Owner becomes aware of any fault or defect in the project or non-conformance with the drawings or specifications.Owner shall give prompt written notice thereof to Contractor. Bankruptcy: If either party becomes bankrupt,the other party has the right to cancel this contract. Mediation: If at any time any controversy shall arise between Contractor and Owner regarding anything pertaining to this agreement or the contract documents, and which the parties hereto do not promptly adjust and determine, the controversy shall first be submitted to mediation. The cost of said mediation shall be borne equally by the parties. If mediation is unsuccessful and the parties do not resolve the dispute in mediation and proceed to litigation, then the cost of mediation,including attorney's fees shall be recoverable as accost to the prevailing party in said litigation. Attorney's Fees: In the event the parties hereto become involved in litigation or arbitration arising out of this contract,or the performance or breach thereof, the trier of fact shall award reasonable costs expenses and attorney's fees to the prevailing party. The trier of fact shall not be bound by any court fee schedule,and may in the interest ofjustice,award the full amount of costs,expenses,and attorney's fees incurred in good faith. Governing law'.the laws of the State of California shall govern this agreement. Limitations: No action of any character, whether at law or in equity, and whether sounding in contract, tort or otherwise, arising from or related to this contract,or the performance thereof,shall be commenced by either party against the other more than two years after completion or cessation of work under this contract. This limitation shall not he extended by any negligent misrepresentation or unintentional concealment, but shall he extended as provided by law for willful fraud,concealment or misrepresentation. Termination of Contract If the work is stopped for a period of 30 days under an order of any court or other public authority having jurisdiction, or as a result of any act of government,such as a declaration of a national emergencies making materials unavailable,through no act or fault of the Contractor, its employees or agents, or if the work should be stopped for a period of 30 days by the Contractor because the owner has not made timely payments to Contractor as provided herein,or because of Owner's failure to perform or have performed any portion of the work which Owner was obligated to perform, then Contractor may terminate this Agreement and recover from the Owner payment for all work executed and for any loss sustained upon any materials, equipment, tools, construction equipment and machinery, including reasonable profit and overhead and damages. If the Owner terminates the contract, Owner shall reimburse Contractor for any unpaid cost of the work due Contractor under the contract.Owner shall also pay Contractor for any loss sustained upon any materials,tools,equipment and machinery, including reasonable profit and overhead and damages. . In case of such a termination of the contract, the owner shall further assume and become liable for any and all obligations commitments and unsettled claims that the Contractor has previously undertaken or incurred in good faith in connection with said work. Proof of Payment: Owner shall furnish reasonable evidence satisfactory to the Contractor, prior to commencing work and at such future times as may be required, that sufficient funds are available and committed to the entire cost of the project. Unless such reasonable evidence is furnished,Contractor is not required to commence or continue any work,or may, if such evidence is not presented within a reasonable time, stop work upon 10 days notice to Owner. The failure of Contractor to insist upon the providing of this evidence at any time shall not be a waiver of Owner's obligation to make payments pursuant to this Agreement nor shall it be a waiver of Contractor's right to request or insist that such evidence be provided at a later date. Restoration of Work: If the project is destroyed or damaged by an accident, disaster or calamity, such as fire, storm, flood, landslide, subsidence, or earthquake,or by theft or vandalism,any work done by Contractor in rebuilding or restoring the project shall be paid for by Owner. Entirety of Agreement: This agreement as executed by Owner and Contractor, together with the documents referred to in this Agreement, constitutes the entire agreement between the parties with respect to the work hereunder,and there are no oral or written understandings,representations or commitments of any kind,express or implied not expressly set forth or referred to herein. Asbestos,Lead Mold& Ilazardous Waste: Unless the contract specifically calls for the removal of disturbance,or transportation of asbestos,lead or other hazardous substances, the parties acknowledge that such work requires special procedures, precautions, and/ or licenses. Therefore, unless the contract specifically calls for same,if Contractor encounters such substances,Contractor shall immediately stop work and allow Owner to a duly qualified asbestos, lead, mold, and/or hazardous material contractor to perform the work or do the work himself at Contractor's option.Said work shall be treated as an extra under this contract. Contractor is not responsible for pre-existing mold, or for mold caused by a long-term leak or a flood, which were not caused by Contractor. Arbitration: Any controversy,claim or dispute arising out of or relating to this contract,or any breach, including without limitation any dispute concerning the scope of this arbitration clause,shall be settled by binding arbitration. Complaint: In case of complaint, the owner may contact Contractors State License Board at(916)255-4183 or P 0 Box 269116 Sacramento, CA 95826- 9116 Owner(s): Contractor EPS,Inc.dba Express Plumbing By Serving the entire Bay Area since 1989 Copy to Client Client Initials �,r� Ir val EPS Inc. Construction DBA Lty cu c Plumbing Page 4 of 3 _ Contractors License No. 778428 • Serving the entire Bay Arca since 1989 Copy to Client Client Initials �t }✓"