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Home My WebLink AboutAble Underground Construction, Inc.THIS AGREEMENT is made and entered into on the IVA day of D ec_ , 2013 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Able Underground Construction, 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: Perform drainage improvements and miscellaneous work. at Fremont Road and Concepcion Road. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 1212/2013 3. TERMS. The se ices and/or materials furnished under this Agreement shall commence ►1(, / /1 and shall be completed by :2-111//1 , 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 thirteen thousand nine hundred fifty-six dollars and zero cents ($13,956.00) 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/employeeslagents/ 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 farm Updated 4123110 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 prem isesloperation, 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 oflos 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 4123/10 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 snort form Page 3 of 4 UpdatedVMPO 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: Richard Chiu Public Works Director Town of Los Altos Hills By: i 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 Print name, Title TOWN OF LOS ALTOS HILLS: Carl Cahill, City Manager Date Town of Los Altos Hills Short fmm Page 4 of 4 . Updated 4123110 . 4 SEPTIC TANX SERVICE Im 1020 Ruff Drive San Jose, California 95110 Once (408) 377-9990 Fax (408) 492-1008 24 Hour Emergency Service (408) 3984990 PROJECT: Storm installation 1PROPOSAL Page 1 Customer Name Address City Contact Town of Los Altos Hills Attn: John Chau Fremont Road & Conception Road Los Altos Hills State CA ZIP 650-947-2510 Email:;chau@losaltoshills.ca.gov BID INFO Date 12/2_!2013 Order No. AC -1359_2 Rep RH RIB GWGIRH Qty Unit Price l To SCOPE OF WORK: Installation of new catch basin and storm system -— �.... ------------ Able to set up traffic control and make the work site safe prior to any construction.; ! Includes 1 Able to install new U-23 Christy box (2 x 2) with an H-20 traffic ratedibike type ! Includes grate at the south west corner. I 35 IfL Able to dig, trench and install 35 linear feet of new 12" HDPE pipe from new box Includes to storm ditch. We will then cut a hole in granite wall and patch around newly installed pipe. There are some hair line cracks in bottom of ditch that we will attempt to patch. We can't guarantee that the patch will hold. i I � T x V Able to backfill trench (3' minimum cover) and re -build small bike path area throug 'Includes trench line only. Continue to page 2 — t Subtotal 10%i Payment I Other Final COMMENTS DEPosrr 10% TOTAL PROGRESS 70% FINAL UPON COMPLETION BID NO. AC -13-592 i THANK YOU FOR CONSIDERING ABLE UNDERGROUND CONSTRUCTION underb und CvalS'I' div/r Septic , Sewer • Storm • Water = Excavated & Installed Septir, Sy�,!ty ns; Designed Installed.• Repaired Pumped - Inspected Pfrrmbing Sewor & Drain. Line Cleaning - Rodding - Repaired A Replaced - Residential & Commercial var lium, Septic s Sewer Storm -Grease TrapOnterceptors .;^;'slit° /Iris,/!=rr ; Sewer- Storm -Maintenance A Public Works - Overflow& Spill Response Main Line Stoppages Pipeline Video Insp vilon, Pipeline Inspection s Line Locating : Detailed Reports Complate 24 Hr Emeipeay Serge www.abIasais, ar.f am www.a61adookaadtoaaa,v®m www.vallaoycoacrete,co.m FV'dl�e60 LIA!j SEPTIC TANK SERVICE 1020 Ruff Drive San Jose. California 95110 Office (408) 377-9990 Fax (408) 492-1008 24 Hour Emergency Service (408) 398-4990 PROJECT: Storm installation PROPOSAL Page 2 Customer Name Town of Los Altos Hills Attn: John Chau Address Fremont Road & Conception Road _ City Los Altos Hills State CA_ ZIP Contact 650-947-2510 — Email:lchau@losaltoshills.ca.gov Installation of new catch basin and storm * Permits, fee's, soil testing or engineering if needed. Any other work that is not part of our proposal. * j Estimated at 2 days to complete. *** !Able to provide all labor and materials to complete this project in a safe, timely (professional manner. Continue to page 2 Payment Other COMMENTS DEPOSIT 10% PROGRESS 70% FINAL UPON COMPLETION BID INFO f Date 1212/2013 Order No. AC -13-592 Rep RH _ R/B GWG/RH —� Unit Price i TOTAL Subtotal I $ 13,8W 10%1$ _ -Final- _._$___ TOTAL 1 $ 13.956. BID NO. AC -13-592 THANK YOU FOR CONSIDERING ABLE UNDERGROUND CONSTRUCTION Underymand CaRstruc#tan: Septic - Sewer - Storm . Water - Excavated & Installed Septic 5ptefim Designed > Installed.- Repaired Pumped • Inspected Plumbing Sewer 1, Drain: Line Cleaning - Rodding - Repaired 2 Replaced - Residential & Commercial Vacuum. Septic , SewerSlorm • Grease TrapVnterceptors Hydra Rushing. Sewer, Storm = Maintenance -Public Works, Overflow & Spill Response Main Line Stoppages Pipeline Video Inspection. Pipeline Inspection = Line Locating -Detailed Reports Complete 24 Mr. Emergency Service www. ablesewer.cam www.abled9ckaa dfanc,a,com - www. valleyeancrete. cam `TERMS AND CONDITIONS OF THIS CONTRACT NI)IMBER ARE AS FOLLOWS ',THIS BID EXCLUDES THE FOLLOWING: jALL ENGINEERING, PERMITS, FEES, SURVEYING, FIELD STAKING, SOIL TESTING, REPAIRS OF ANY UNMARKED LINES (GAS, WATER, TELEPHONE, CABLE, ELECTRIC, SPRINKLER, ETC.) COST FOR ANY REPAIRS OF UNMARKED LINES WILL BE PAYABLE AT TIME & MATERIAL RATES `ALL CONCRETE AND/OR ASPHALT OR REMOVAL OF DECKS AND FENCES. ROCK AND GROUND WATER CLAUSE IF ROCKIGROUND WATER IS FOUND, ALTERNATE METHODS MAY BE APPLICABLE. IF FOUND ADDITIONAL CHARGES MAY BE INCURRED. PLEASE REQUEST OUR STANDARD RATE SHEET FOR ADDITIONAL COSTS. CHANGE ORDERS iANY ALTERATIONS OR DEVIATIONS FROM THIS PROPOSAL, INVOLVING ADDITIONAL MATERIAL AND/OR LABOR WILL BE EXECUTED ONLY IN A WRITTEN CHANGE ORDER AND WILL BECOME AN ADDITIONAL CHARGE OUTSIDE THE ORIGINAL PROPOSAL COST. ANY ADDITIONAL DOWN TIME CREATED BY A ,CHANGE ORDER WILL BE PAYABLE BY THE CUSTOMER PER OUR STANDARD TIME & MATERIALS RATES. DEPOSIT $ PROGRESS $ FINAL PAYMENT $ TOTAL COST $13,966.00 PLEASE CONTACT GLEN GILBERT FOR ALL SCHEDULING QUESTIONS. THANK YOU! BY SIGNING BELOW YOU ARE ACCEPTING THE PROPOSAL AND AGREE TO ALL CONDITIONS a PAYMENT TERMS. PRINT NAME _ CONTRACTOR SIGNATURE _ SIGNATURE Fj(�ERT HARDEASTY PAGE 3 of 3 iz-w" THANK YOU FOR CONSIDERING ABLE UNDERGROUND CONSTRUCTION underground Construction.- Septic • Sewer - Storm > Water . Excavated & Installed Septic Systems: Designed • Installed.Repaired Pumped • Inspected Numbing Sewer & Mt. Line Cleaning - Rodding � Repaired • Replaced Residential & Commercial Vacuum: Septic SewerStorm > Grease Trsps4nterceptors HydraFlushing., Sewer - Storm � Maintenance • Public Works, Overflow & Spill Response Main Line Stoppages Pipeline Video Inspaetion° Pipeline Inspection -Line Locating Detailed Reports Complete 24 fir, Emergency Service wwttr,obl9Sewer,0Qm www,nb.ledeakandf-ence,cum • ;vww,vnlleyconcrete.com 1020 Ruff Drive San Jose, California 95110 AIM Office (408) 377-9990 - - Fax (408) 492-1008 24 Hour Emergency Service Uc1677475 (408) 398-4990 PROJECT: Stnrm installaion ONTRACT Page 3 of 3 CUSTOMER I MISC NAME Town of Los Altos Hills Attn: John Chau ( Date 12/2/2013 ADDRESS Fremont Road and Conception Road Order No. AC -13-9 52 CITY Town of Los Altos Hills State CA ZIP Rep _.-.. --59 — G.W.G. PHONE See page 1 Estimator RH `TERMS AND CONDITIONS OF THIS CONTRACT NI)IMBER ARE AS FOLLOWS ',THIS BID EXCLUDES THE FOLLOWING: jALL ENGINEERING, PERMITS, FEES, SURVEYING, FIELD STAKING, SOIL TESTING, REPAIRS OF ANY UNMARKED LINES (GAS, WATER, TELEPHONE, CABLE, ELECTRIC, SPRINKLER, ETC.) COST FOR ANY REPAIRS OF UNMARKED LINES WILL BE PAYABLE AT TIME & MATERIAL RATES `ALL CONCRETE AND/OR ASPHALT OR REMOVAL OF DECKS AND FENCES. ROCK AND GROUND WATER CLAUSE IF ROCKIGROUND WATER IS FOUND, ALTERNATE METHODS MAY BE APPLICABLE. IF FOUND ADDITIONAL CHARGES MAY BE INCURRED. PLEASE REQUEST OUR STANDARD RATE SHEET FOR ADDITIONAL COSTS. CHANGE ORDERS iANY ALTERATIONS OR DEVIATIONS FROM THIS PROPOSAL, INVOLVING ADDITIONAL MATERIAL AND/OR LABOR WILL BE EXECUTED ONLY IN A WRITTEN CHANGE ORDER AND WILL BECOME AN ADDITIONAL CHARGE OUTSIDE THE ORIGINAL PROPOSAL COST. ANY ADDITIONAL DOWN TIME CREATED BY A ,CHANGE ORDER WILL BE PAYABLE BY THE CUSTOMER PER OUR STANDARD TIME & MATERIALS RATES. DEPOSIT $ PROGRESS $ FINAL PAYMENT $ TOTAL COST $13,966.00 PLEASE CONTACT GLEN GILBERT FOR ALL SCHEDULING QUESTIONS. THANK YOU! BY SIGNING BELOW YOU ARE ACCEPTING THE PROPOSAL AND AGREE TO ALL CONDITIONS a PAYMENT TERMS. PRINT NAME _ CONTRACTOR SIGNATURE _ SIGNATURE Fj(�ERT HARDEASTY PAGE 3 of 3 iz-w" THANK YOU FOR CONSIDERING ABLE UNDERGROUND CONSTRUCTION underground Construction.- Septic • Sewer - Storm > Water . Excavated & Installed Septic Systems: Designed • Installed.Repaired Pumped • Inspected Numbing Sewer & Mt. Line Cleaning - Rodding � Repaired • Replaced Residential & Commercial Vacuum: Septic SewerStorm > Grease Trsps4nterceptors HydraFlushing., Sewer - Storm � Maintenance • Public Works, Overflow & Spill Response Main Line Stoppages Pipeline Video Inspaetion° Pipeline Inspection -Line Locating Detailed Reports Complete 24 fir, Emergency Service wwttr,obl9Sewer,0Qm www,nb.ledeakandf-ence,cum • ;vww,vnlleyconcrete.com s t — Mai r•�Fl � Fi2 ' {"tee! :a.,r��C,4 'v'il F _ f i 1z , .Y T F. �