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HomeMy WebLinkAboutRadman Electric, Inc. (2)AGREEMENT THIS AGREEMENT is made and entered into on the 28th day of February 2022 between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Radman Electric, 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: Reroute an existing 2 -inch GRC conduit and replace two existing sewer pumps at the O'Keefe Lift Station per scope of work provided in REFERENCE. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal # RAD -71 from CONTRACTOR dated November 29, 2021 3. TERMS. The services and/or materials furnished under this Agreement shall commence April 1, 2022 and shall be completed by May 13, 2022, 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 ten thousand dollars ($10,000.00) 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 Short form Updated 3/16/21 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: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. 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 Updated 3/16/21 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 3/16/21 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: Daniel Liang Utility Engineering Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By:/ "`'_ 3/1/2022 ignature Date Nenad Radmanovic, Owner Print name, Title TOWN OF S ALTOS HILLS: By: Peter Pirnejad, Q4 Manager, Date Town of Los Altos Hills Page 4 of 4 Short form Updated 3/16/21 EXHIBIT 1 November 29, 2021 BID PROPOSAL RADMAN ELECTRIC 25013 Whitman St #15s. Hayward, CA 94544 Phone: 510-755-8369 A, C-10 License #1021116 SB #2016485 DIR Registration # 1000434752 To: Town of Los Altos Hills Public Works & Engineering Attn: Daniel Liang Project: O'Keefe Lift Station Project No: Bid Date/ Time: Proposal No: RAD -71 Addendum Acknowledged: Inclusions Per Email Dated 11/24/21 • Trench between control panel and wet well • Core drill a 4" hole inside wet well • Install 3" conduit from wet well and stub PVC coated rigid 90 deg elbow adjacent to panel pad • Furnish and install link seal • Grout wet well around link seal • Furnish and install 3" explosion seal fitting per NEC • Furnish and install a junction box on side of control panel • Backfill and compact trench Exclusions • Any work not specifically listed in inclusions above (per drawings provided) or specified under other divisions of the project specifications and drawings is hereby excluded • Manhole to be plugged and cleaned by others • Floaters and transducers • MCC work • Manhole waterproof sealing and spraying • Pump installation and removal • Concrete work • Permits and Inspections by others • Soil off-haul/import and hazmat related work TotalBase Bid.................................................................. $8,751.00 Thank you for the opportunity to quote this project. Should you have any questions or require additional information, please contact me at (510) 755-8369. Sincerely, RADMAN ELECTRIC Nenad Radmanovic REFERENCE Conduit Reroute and Pump Replacement at O'Keefe Lift Station (,_._1__I fl_.__I 2/28/22 SCOPE OF WORK 1. Core—drill a 3—inch hole on the existing wet well 2. Expose the existing 2" rigid conduit between the controller and the manhole. 3. Install a 2—inch rigid conduit from the manhole and intercept the existing 2" rigid conduit. 4. Remove and replace two existing pumps with new Shape 3085 pumps in the manhole, and reconnect wires. 5. Patch the oversized hole with grout. EXCLUSIONS: 6. Furnish two Shape 3085 pumps. Pumps will be furnished by Town of Los Altos Hills. REFERENCE Los Altos Hills - O'Keefe Pump Station 2/24/22 Scope of Work Exhibit 1 1of4 f + PFp7p 4 .i40 1 y y 'ir � Y h `Y... M a *ria I. W-7 t` ` :W < -