HomeMy WebLinkAboutWest Bay Sanitary District (4) 4.0
AGREEMENT
THIS AGREEMENT is made and entered into on the26(4tlay of March, 2015 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as"TOWN") and West
Bay Sanitary District (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:
Raise Manhole OMH1022 at Adobe Creek Lodge
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated February 16, 2015
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 114l/S and shall be completed by TO" 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 one thousand five
hundred and thirty-eight dollars and fourteen cents ($1,538.14) 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.
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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
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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. ENTIRE AGREEMENT. This Agreement represents the entire agreement
between the Parties. Any ambiguities or disputed terms between this Agreement
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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:
Richard Chiu
Public Works Director
Town of Los Altos Hills By:
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Phil Scott, District Manager
Print name,Title
TOWN OF LOS ALTOSffHILLS:HIJ
By: C, 0Chi 3-26" Lc,
Carl Cahill, City Mana er Date
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Short-form Agreement
Instructions and Checklist
Professional Services (unrelated to public oroiects):
Li Obtain a detailed quotation from the qualified vendor/contractor.
LJ Determine availability of funds in the current budget-consult finance for
appropriate budget number if necessary
n Request approval from the City Manager
H Complete the agreement template:
o Section 1 - Detail the goods and/or services the vendor/contractor will
provide to the Town.
o Section 2-Attach the detailed quotation as an exhibit.
o Section 3- Provide the contractor with a deadline to provide the goods/or
services. If services are on-going, the contracts should expire no later
than the end of the current fiscal year. A new contract will be prepared in
June for the next fiscal year.
• Send the complete agreement, exhibit(s), to the contractor along with the
standard transmittal memo and the IRS Form W-9 (included below).
- Contractor should return at least one signed original copy and a completed W-9
to the Town. If you receive the documents, please forward everything to finance.
Public Works Protects:
The California Labor Code beginning at section 1720 deals with this issue. Labor Code sections 1720 and
1771 define public works as work done under contract and paid for in whole or in part out of public funds
that involves one or more of the following: Construction;Alteration, Demolition, Installation; Repair/
Maintenance work. Contractor shall comply with all prevailing wage laws, rules and regulations on public
works projects. A complete definition may be found at: http://www.lectinfo.calov/calaw.html.
Li Submit a request for quotations to the Town's authorized vendor list for the
services requested.
Determine availability of funds in the current budget-consult finance for
appropriate budget number if necessary
▪ Prepare a written recommendation to the City Manager to award the contract to
the vendor whose bid is most advantageous to the Town with a compelling
reason why the selected bid is most advantageous.
n With City Manager approval, complete the agreement template:
o Section 1 - Detail the goods and/or services the vendor/contractor will
provide to the Town.
o Section 2 -Attach the detailed quotation as an exhibit.
o Section 3 - Provide the contractor with a deadline. If services are on-
going, the contracts should expire no later than the end of the current
fiscal year. A new contract will be prepared in June for the next fiscal
year.
H Send the complete agreement, exhibit(s), to the contractor along with the
standard transmittal memo and the IRS Form W-9 (included below).
• Contractor should return at least one signed original copy and a completed W-9
to the Town. If you receive the documents, please forward everything to finance.
V J
RElT rrdr Phil Scott
Ty
500 Laurel Street Menlo Park,California 94025-3486(650)321-0384(650)3214265 FAX Distnc Manager
Estimate:
February 16,2015
TO: Town of Los Altos Hills
26379 Fremont St.
Los Altos Hills, California 94022
RE: Estimate to raise manhole OMH1022 at Adobe Creek Lodge
Estimate:
Time:
Field Supervisor-$102/HR.@ 5 hours= $510.00
Technician-$91/HR.@ 5 hours = $455.00
Maintenance-Worker $59/HR. @ 5 hours =$295.00
Total$ 1,260.00
Material:
2-6"grade rings $34.38
1 bag mortar $13.99
8 bags concrete $3.29 @ 8 $26.32
Total$74.69
Eauiument
Utility Truck Unit 209-$22/HR. @ 5 hours=$110.00
Air comp.-$18.69/HR. @ 5 hours =$93.45
Total$203.45
Total $1.538.14
This estimate is subject to any utility encounters not disclosed prior to commencing the repairs.If
utilities or other job-site condition are encountered the Town will be notified in writing at which point
a reasonable time and material agreement shall be negotiated in order to complete the repairs.
If this estimate/invoice is not paid by the due date, a 10% late charge and 1.5% finance fee
will be applied to the outstanding balance. Monthly finance charges will continue to accrue
until the balance is paid in full.
—Please return one cop of this estimate/invoice with our pa menC'
SERVING AREAS IN MENLO PARK,PORTOLA VALLEY,ATHERTON.EAST PALO ALTO,REDWOOD CITY,WOODSIDE.AND UNINCORPORATED SAN MATEO COUNTY