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HomeMy WebLinkAboutLund Pearson McLaughlin Fire Protection SystemsAGREEMENT THIS AGREEMENT is made and entered into on thettf�day of Mcxck 2014 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and LUND PEARSON McLAUGHLIN. FIRE PROTECTION SYSTEMS (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) Provide labor and equipment to perform one (1) Title XIX (Five Year) Performance Test of each of the fire protection systems at Westwind Barn. 2. EXHIBITS, The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 18, 2014 3. TERMS. The services and/or materials furnished under this Agreement shall commence and shall be completed by unless terminated pursuant to Section 1(f). 4. COMPENSATION, For -the full performance of this Agreement: a. TOWN, shall pay CONTRACTOR an amount not to exceed Eight hundred seventy-five dollars and zero cents ($875.00) 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 I of 4 Short form Updated 4/23/10 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 w—arwmg—(�dt--of--th-e—prerf-e-Fr-nan-ee—ef 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, $1,000,009..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 Updated 4123110 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 Updated 4/23/10 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: Richard Chiu Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/23110 CONTRACTOR: TOWN OF LOS ALTOS HILLS: By Carl Cahill, City Managfar Date Page 4 of 4 - LUND PEARSON McLAUGHLIN FIRE PROTECTION SYSTEMS 897 Independence Avenue, Suite 1E Mountain View, California 94043 -23 55 PROPOSAL #T 33606 Town of Los Altos 26379 Fremont Road Los Altos Hills, CA 94022 Richard Chiu CSFM Lie. A 0003 CAL Lic. C-16 668524 Lund -Pearson -McLaughlin, hereafter referred to as LPM, is pleased to submit this proposal, including the attached Specifications, Terms and Conditions, to the individual or firm named above, hereafter referred to as the customer. JOB LOCATION: Westwind Barn 27210 Altamont Drive Los Altos Hills, C.A. 94022 SCOPE OF WORK: LPM agrees to provide labor and equipment to perform one (1) Title XIX (Five Year) Performance Test of each of the fire protection systems listed below. TYPE OF SYSTEM: WETPIPE FIRE SPRINKLER SYSTEM 12 -INLET FDC, WAFER FDCCV, BFLY MAIN CONTROL VALVE SERVING RI -SER 01 WITH 2 GAUGES, I MAIN DRAIN, I WMG, I FLOW SWITCH, AND I ITV FOR SERVICES RENDERED PER THIS PROPOSAL, INCLUDING THE ATTACHED SPECIFICATIONS TERMS AND CONDITIONS, THE CUSTOMER AGREES TO PAY EIGHT HUNDRED SEVENTY FYVE AND 00/100 DOLLARS ($ 875.00)0 Payment is due in full on receipt of invoice and must be received within thirty 30 days of the Invoice Date. r THE UNDERSIGNED HAS READ THIS PROPOSAL, INCLUDING TBIB ATTACBED SPECIFICATIONS, TERMS AND CONDITIONS, AND HEREBY AUTHORIZES LPM TO PROCEED WITH WORK, ACCEPTED BY: DATE ACCEPTED: Authorized P.O, Number JAMES H. CLAU IN WND-PEARSON-MCLAUGBLIN February 18, 2014 DATE SUBMIT -TED: valid for 90 days SIGN, DATE & Phone: 650-961-9460 /PAX 650-961-1601 RETURN TO LPM www, 1pmfire. com f'Hnnfli. 1 1� DGAR t �-ICORDTM CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 2/2512014 THIS CERTIFICATE IS ISSUED AS A 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(ies) must be endorsed. If SUBRQGATION 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 Hub International CONTACT NAME: a/C, No, Ext): 925-609-6500 FAX , No): 925-609-6550 HUB Int'I Insurance Serv. Inc. P.O. BOX 4047 Concord, CA 94524-4047 E-MAIL ADDRESS: INSURER(S) AFFORDING COVERAGE NAIL # INSURER A: Everest Indemnity Insurance Co 10851 INSURED INSURER B: Everest National Insurance Co 10120 Lund Pearson, Inc. INSURER C : Diamond State Insurance Company 42048 dba: Lund Pearson McLaughlin 897 Independence Ave Building 1, Suite E Mountain View, CA 94043 INSURER D INSURER E: INSURER F: C()VFRAnFR CFRTIFICATF NUMBER- EU 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 CONTRACTOR 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 ADDL INSR SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY POLICY EXP MM/DD/YYYY LIMITS A GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE F_XIOCCUR X BI/PD Ded:1,000 51 GL002662131 08/0112013 08/01/2014 EACH OCCURRENCE $110007000 PREMISES (Ea RENTED $ 501000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $1,000,000 X Errors & Omissions GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: POLICY X PRO- LOC JECT PRODUCTS - COMP/OP AGG $2,000,000 $ C AUTOMOBILE LIABILITY X ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED X HIRED AUTOS X AUTOS BAP0000917 8/01/2013 08/01/2014EO acc dEentSINGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident A X UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 51 CCO01406131 8/01/2013 08101/2014 EACH OCCURRENCE $1 Y0001000 AGGREGATE $1 1000YO00 DED I X RETENTION $10000 $ B WORKERS COMPENSATION5300001086131 AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE Y / N OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below N / A 08/01/2013 08/01/2014 X TORY LIMITS EORH E.L. EACH ACCIDENT $1,000,000 E.L. DISEASE - EA EMPLOYEE $1,000,000 E.L. DISEASE - POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS / LOCATIONS /VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) Re: 27210 Altamont Drive, Los Altos Hills, CA 94022. The Town of Los Altos Hills, it's elective and appointed officers, employees and volunteers, as additional insured as respects General Liability per attached ECG20612 (3112), as required by written contract. CERTIFICATE HOLDER (:ANL;hLLA I IUN Town of Los Altos Hills 26379 Fremont Road Los Altos, CA 94022 ACORD 25 (2010/05) 1 of 1 #S2717287/M2365791 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD VB41 51 GL002662131 .C.O.M.MER.-CIAL GENERAL LIA ILITY i -ng!-. s e'-:*r:*th I is e ement. i liestmuranc ae nd ev ovi'd .,.d: u.:r,, Th .OMA.RL 1 YOVER. T AGEPAR urecd-: isaM.,"On"de d to With: respect A safforded... lo. :e. C� A. .8 11"W''hib Is: Anilbs' P. the-�:j�.n. urance g M'Sut )-c �any, ECG. -20-�:612. Q:3 12 2 Pp I:n "Jude, ht- d erv. -Offidb In -c. .::U..5 "'I : I n, Utbh.da: s [66 ed pria �� of With its : .