HomeMy WebLinkAboutRadman Electric, Inc. (3)AGREEMENT
THIS AGREEMENT is made and entered into on the 22nd 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:
Change order "COR 001" for added scope and standby cost at the O'Keefe Lift
Station.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
COR 1 from CONTRACTOR dated March 29, 2022
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 two thousand thirty nine
dollars and two cents ($2,039.02) 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. ERRORSAND 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
Town of Los Altos Hills
Short form
Updated 3/16/21
CONTRACTOR:
By:
Signature
4/22/22
Date
Nenad Radmanovic, Owner
Print name, Title
TOWN O OSSA OS HILLS:
By:
Peter Pirnejad, City Manager, Date
Page 4 of 4
RADMAN ELECTRIC
25013 Whitman St #15s, Hayward, CA 94544
Phone: 510-755-8369
A, C-10 License #1021116
SB #2016485, DIR Registration # 1000434752
March 29, 2022
Mr. Daniel Liang, Utility Engineering Manager
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Project: O'Keefe Lift Station
Subject: Change Order Request No 001
Dear Mr. Liang,
Per our discussion, this Change Order Request "COR" represents additional cost impact that Radman Electric incurred in
addition to originally proposed scope per revised proposal "RAD -71.1 O'Keefe Lift Station". Additional cost impact
occurred on March 22 and March 23, 2022, as follows:
1. Installing new 2" conduit directly through existing MCC concrete pedestal
2. Core drilling and patching existing MCC concrete pedestal
3. Electricians on standby while wet well is cleaned by third party
4. Leads on new pumps needed to be retaped for correct voltage. Electricians returned for reinstallation the following
day
Total Price for this scope: $4,239.02
As requested, per email dated February 24, 2022, to eliminate installation of junction box on the existing MCC - Radman
Electric is offering credit back to Town of Los Altos Hills in the amount below:
Total credit offered as part of de -scoping: ($600.00)
COR Adjusted Final Amount: $3,639.02
Should you have any questions or require additional information, please contact me at (510) 755-8369.
Sincerely,
RADMAN ELECTRIC
/�
Nenad Radmanovic
Attachment: Cost Breakdown
Dale: 3.22.22
Redman Electric
Project: O'Keefe Pump Station
Force Account No.: 1
Existing conduit that was potholed and exposed Is 1.5" and it was originally believed to be 2".
Radman Electric was given direction to Install new 2" conduit from MCC to wet well and abandon existing
1.5" conduit, Radman Electric core drilled through existing MCC pad to Install new 2" conduit.
Direct Labor Costs Reg, Hourly Cost Reg. Hours OT. Hours QTY Working Days Rate/Day Ext. Cost
Inside Wireman $ 117.60 4 2 1 $ 940.80
$
Materials
Unit Cost Qty.
Ext. Cost
Non Shrink Grout
$ 17.37
$
Sub -Total Materials
$
17.37
Mark Up on Materials
15% $
2.61
Sales Tax @
9.25% $
1.61
SUB TOTAL MATERIAL
$
21.58
Subcontractor/Suppller
Unit Cost
Qty Unit (s)
Ext. Cost
Other Expei Rate Qty.(days)
Rate/Day Ext. Cost
SUMMARY
Notes:
Labor Direct Cost Subtotal
$
940.80
Labor Surcharge
10% $
94.08
Mark Up on Labor
20% $
206.98
Material Cost Total
$
21.58
Subcontract Cost
$
Subcontract Markup @
10% $
Equipment Cost Subtotal
$
128.00
Other Expense Subtotal
$
Mark Up-Eq/Other Exp@
15% $
19.20
Subtotal
$
1,410.64
Bonds
$
Subtotal + Bonds
General Liability
$
$
1,410.64
16.93
TOTAL
7r;
Date: 3.23.22
Radman Electric
Project: O'Keefe Pump Station
Force Account No.: 2
On standbywhile wet well Is being cleaned bythird party contractor. Unable to Install City furnished
pumps as voltage has been set to 460v and existing MCC supplies 230v. Pump. needed to betaken Into
repair shop for adjustment.
Direct Labor Costs Reg. Hourly Cost Reg. Hours OT. Hours CITY Working Days Rate/Day Ext. Cost
Inside Wireman $ 117.60 8 2 1 $ 1,881.60
Sub -Total Materials
Mark Up on Materials
15%
Sales Tax W
Le—bor Direct Cost Subtotal
Labor Surcharge
11%
Material Cost TotalSubcontract
•.
rr
Ither Expense SubtotalGeneral
����� Liability
$
33.34