HomeMy WebLinkAboutEPS, Inc.CONSTRUCTION AGREEMENT
"ADOBE CREEK SEWER MAIN CROSSING IMPROVEMENTS,
SOUTH OF MOODY ROAD & OLD SNAKEY ROAD"
This Agreement (this "Agreement") is made and entered into between the T wn of Los Altos Hills, a
General Law City ("Town") and EPS, INC. ("Contractor") effective as of 1/QrK r DAD -2 (the
"Effective Date"). Town and Contractor are hereinafter collectively referred to as (the "Parties"). In
consideration of their mutual covenants, the Parties hereby agree as follows:
1. Scope of Work. Contractor shall provide the following services and/or materials ("the
Work"):
(a) Remove a section of an abandoned concrete slab in Adobe Creels and realign the flow path
to provide unimpeded creek flow and prevent further erosion on the creek bank.
(b) Partially remove the top of the concrete slab along the sewer main alignment to create a
narrow channel to accommodate the sewer pipe with the pipe sleeve, and provide a
longitudinal pipe slope of 1% minimum to allow for natural gravity flow between two
manholes on each side of the creels.
(c) Furnish and install a 10 -inch HDPE sleeve to protect the 6 -inch sewer main across the creels
and secure the sleeve on the concrete slab with stainless steel anchors.
(d) Contractor to provide any temporary sewage bypass as needed during construction.
(e) Furnish and install one 12"x12" drop inlet basin in the creek, install a 1.5 -inch PVC pipe, or
equivalent, from the basin to the existing water pump station, and reconnect to the pump
station. The run between the basin and the pump station is approximately 90 ft.
(1) Exhibit A — Contractor's cost proposal (EPS Proposal for Moody Road Emergency Work
dated 10/31/2023).
(g) Exhibit B - Contract Drawing C-102 "Adobe Creek Sewer Crossing Improvement Plan",
dated 11/6/2023.
The Work shall commence on November 15, 2023 and shall be completed to the satisfaction of the
Town by December 15, 2023 unless such date is extended or otherwise modified by the Town in
writing.
2. Pam. Town shall pay Contractor an amount not to exceed: FIFTY NINE
THOUSAND TWO HUNDRED FORTY DOLLARS ($59,240) for the full and satisfactory completion
of the Work in accordance with the terms and conditions of this Agreement. The calculation of payment
for the Work shall be set forth as described in the Compensation Form, attached hereto and incorporated
herein as Exhibit B. The amount stated above is the entire compensation payable to Contractor for the
Work performed hereunder, including all labor, materials, tools and equipment furnished by Contractor.
(A) Invoices. Town shall make monthly payments, based on invoices received, for Work
satisfactorily performed. Town shall have thirty (30) days from the receipt of an invoice that
complies with all of the requirements above to pay Contractor.
(B) False Claims Act. Presenting a false or fraudulent claim for payment, including a change
order, is a violation of the California False Claims Act and may result in treble damages and a
fine of five thousand ($5,000) to ten thousand dollars ($10,000) per violation.
(C) Retention and Final Pam. Town shall retain five percent (5%) of each payment,
which shall be paid within sixty (60) days after acceptance of the services, as described in Section
11, and submittal to Town of a final invoice, if all services required have been satisfactorily
performed. Contractor may substitute securities or establish an escrow in lieu of retainage,
pursuant to Public Contract Code Section 22300.
Construction .agreement
3. Independent 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.
4. Indemnification. To the fullest extent permitted by law, Contractor shall indemnify,
defend (with counsel acceptable to the Town), and hold harmless the Town and its elected and appointed
officers, officials, employees, agents, contractors and consultants (collectively, the "Town Indemnitees")
from and against any and all liability, loss, damage, claims, expenses and costs (including, without
limitation, attorneys' fees and costs of litigation) (collectively, "Liability") of every nature arising out of
or in connection with Contractor's performance of the Work or Contractor's failure to comply with this
Agreement, except such Liability caused by the gross negligence or willful misconduct of the Town
Indemnitees.
5. Excavations. In accordance with Public Contracts Code Section 714, Contractor shall
promptly notify the Town in writing of discovery of any material Contractor believes may be hazardous
waste as defined in Section 25117 of the Health and Safety Code or of any subsurface or latent physical
conditions at the site of any unusual nature differing materially from those generally inherent in the work
described in Exhibit A. Upon receipt of such communication, Town shall promptly investigate the
conditions and if conditions do materially differ, shall issue a change order providing for additional time
or payment of additional costs.
6. Relocation of Utilities. In the event that the completion of the services described in
Exhibit A requires the removal or protection of main or trunk line public utility facilities, the Town shall
be responsible for removal and protection of such public utilities pursuant to Government Code Section
4215.
7. Insurance. Prior to beginning the Work and continuing throughout the term of this
Agreement, Contractor (and any subcontractors) shall, at Contractor's (or subcontractor's) sole cost and
expense, furnish the Town with certificates of insurance evidencing that Contractor has obtained and
maintains insurance in the following amounts:
A. Workers' Compensation that satisfies the minimum statutory limits.
B. Commercial General Liability and Property Damage Insurance in an amount not less than
TWO MILLION DOLLARS ($2,000,000) combined single limit per occurrence, FIVE
MILLION DOLLARS ($5,000,000) annual aggregate, for bodily injury, property damage,
products, completed operations and contractual liability coverage. The policy shall also include
coverage for liability arising out of the use and operation of any Town -owned or Town -furnished
equipment used or operated by the Contractor, its personnel, agents or subcontractors.
C. Comprehensive automobile insurance in an amount not less than ONE MILLION DOLLARS
($1,000,000) per occurrence for bodily injury and property damage including coverage for owned and
non -owned vehicles.
All insurance policies shall be written on an occurrence basis and shall name the Town
Indemnitees as additional insureds. The certificates shall contain a statement of obligation on the part of
the carrier to notify the Town of any material change, cancellation, termination or non -renewal of the
coverage at least thirty (30) days in advance of the effective date of any such material change,
cancellation, termination or non -renewal. Further, if the Contractor's insurance policy includes a self-
insured retention that must be paid by a named insured as a precondition of the insurer's liability, or
which has the effect of providing that payments of the self-insured retention by others, including
additional insureds or insurers do not serve to satisfy the self-insured retention, such provisions must be
Construction Agreement
modified by special endorsement so as to not apply to the additional insured coverage required by this
agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-
insured retention required to be paid as a precondition to the insurer's liability. Additionally, the
certificates of insurance must note whether the policy does or does not include any self-insured retention
and also must disclose the deductible.
8. General Warranties and Guarantee. Contractor warrants that: (A) All Work, Products
and/or Services are as described in this Agreement, including any exhibits incorporated] conform to all
drawings, samples, descriptions and specifications; (B) All Work, Products and/or Services delivered are
new and of good merchantable quality, free from material defects of workmanship and fit for the purpose
for which sold or provided; (C) Contractor has good title to all Products delivered and all Products
delivered are free from liens and other encumbrances; and (D) Contractor's Work will be in strict
conformity with all applicable local, state, and federal laws. For purposes of this warranty, any parts not
meeting the foregoing quality shall be deemed defective.
Contractor shall guarantee the Work to be free of defects in material and workmanship for a
period of one (1) year following the Town's acceptance of the Work ("Contractor's Guarantee"), as
described in Section 11. As part of Contractor's Guarantee, Contractor agrees to make, at Contractor's
own expense, any repairs or replacements made necessary by defects in material or workmanship which
become evident within the one-year guarantee period. The Contractor's Guarantee is effective regardless
of whether or not a maintenance bond is required by the Town for this Agreement.
9. Licenses. Contractor represents and warrants that Contractor possesses all licenses,
permits, and qualifications legally required for the performance of the Work. Contractor shall, at
Contractor's sole cost and expense, maintain all such licenses, permits and qualifications in full force and
effect throughout the term of this Agreement.
10. Damage to Town Facilities and Site Safety. Damage to Town or public facilities or
private property caused by the Contractor or by its subcontractors during performance of the Work shall
be repaired and/or replaced in kind at no cost to the Town. The worksite shall be kept clean and free of
hazards at all times during installation. After work is completed at the site, Contractor shall clean the
surrounding area to the condition prior to performance of the Work.
11. Final Inspection and Work Acceptance. All Work shall be subject to final inspection and
acceptance or rejection by the Town.
Construction .Agreentent
12. Compliance with all Applicable Laws.
A. Contractor shall comply with all applicable local, state and federal laws,
regulations and ordinances in the performance of this Agreement.
B. Contractor shall not discriminate in the provision of service or in the employment
of persons engaged in the performance of this Agreement on account of race,
color, national origin, ancestry, religion, gender, marital status, sexual
orientation, age, physical or mental disability in violation of any applicable local,
state or federal laws or regulations.
C. Contractor shall comply with the requirements of the Secretary of Labor and the
latest amendments to: Executive Orders 11246 and 11375, as supplemented in
Department of Labor regulations (41 C.F.R. chapter 60); the Copeland "Anti -
Kickback" Act (18 U.S.C. § 847) as supplemented in Department of Labor
regulations (29 C.F.R. part 3); Section 3 of the Housing and Urban Development
Act of 1968 (12 U.S.C. §§ 1701 et seq.); Title VI of the Civil Rights Act of 1964
(42 U.S.C. §§ 2000); Section 109 of Title I of the Housing and Community
Development Act of 1974 (42 U.S.C. §§ 5301 et seq.); the Age Discrimination
Act of 1975 (42 U.S.C. §§ 6101 et seq.); and Section 504 of the Rehabilitation
Act of 1973 (29 U.S.C. §§ 701 et seq.)
13. Payment of Taxes; Tax Withholding. Contractor is solely responsible for the payment of
employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt
from tax withholding, Contractor must provide Town with a valid California Franchise Tax Board form
590 ("Form 590"). Unless Contractor provides Town with a valid Form 590 or other valid, written
evidence of an exemption or waiver from withholding, Town may withhold California taxes from
payments to Contractor as required by law. Contractor shall obtain, and maintain on file for three (3)
years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or
waivers) from all subcontractors. Contractor accepts sole responsibility for withholding taxes from any
non -California resident subcontractor and shall submit written documentation of compliance with
Contractor's withholding duty to Town upon request.
14. Prevailing Wage.
A. The wages to be paid for a day's work to all classes of laborers, workmen, or
mechanics on the work contemplated by this Agreement, shall be not less than
the prevailing rate for a day's work in the same trade or occupation in the locality
within the state where the work hereby contemplates to be performed as
determined by the Director of Industrial Relations pursuant to the Director's
authority under Labor Code Section 1770, et seq. Each laborer, worker or
mechanic employed by Contractor or by any subcontractor shall receive the
wages herein provided for. The Contractor shall pay two hundred dollars ($200),
or whatever amount may be set by Labor Code Section 1775, as may be
amended, per day penalty for each worker paid less than prevailing rate of per
diem wages. The difference between the prevailing rate of per diem wages and
the wage paid to each worker shall be paid by the Contractor to each worker.
The Town will not recognize any claim for additional compensation because of the
payment by the Contractor for any wage rate in excess of prevailing wage rate set
forth. The possibility of wage increases is one of the elements to be considered by
the Contractor.
NOTE: An error on the part of an awarding body does not relieve the Contractor
from responsibility for payment of the prevailing rate of per diem wages and
penalties pursuant to Labor Code Sections 1770-1775.
4
Construction Agreement
i. Posting of Schedule of Prevailing Wage Rates and Deductions. If the
schedule of prevailing wage rates is not attached hereto pursuant to Labor
Code Section 1773.2, the Contractor shall post at appropriate
conspicuous points at the site of the project a schedule showing all
determined prevailing wage rates for the various classes of laborers and
mechanics to be engaged in work on the project under this contract and
all deductions, if any, required by law to be made from unpaid wages
actually earned by the laborers and mechanics so engaged.
ii. Payroll Records. Each Contractor and subcontractor shall keep an
accurate payroll record, showing the name, address, social security
number, work week, and the actual per diem wages paid to each
journeyman, apprentice, worker, or other employee employed by the
Contractor in connection with the public work. Such records shall be
certifies and submitted weekly as required by Labor Code Section 1776.
15. Patents. The Contractor shall assume all costs arising from the use of patented materials,
equipment, services, or processes used on or incorporated in the Work, and agrees to indemnify and save
harmless the Town of Los Altos Hills, the City Council, and the Engineer, and their duly authorized
representatives, for all suits at law, or actions of every nature for, or on account of the use of any patented
materials, equipment, services, or processes.
16. Dispute Resolution. Prior to initiating litigation in a court of competent jurisdiction, both
Contractor and Town shall undergo alternative dispute procedures as outlined in Public Contract Code
Section 20104, et seq. The Parties also expressly agree that such procedures are incorporated as though
fully set forth in this Agreement.
17. Prevailing Party. In the event that either party to this Agreement commences any legal
action or proceeding (including but not limited to arbitration) to interpret the terms of this Agreement, the
prevailing party in such a proceeding shall be entitled to recover its reasonable attorney's fees associated
with that legal action or proceeding.
18. Termination. Town may terminate or suspend this Agreement at any time and without
cause upon written notification to Contractor. Upon receipt of notice of termination or suspension,
Contractor shall immediately stop all work in progress under this Agreement. The Town's right of
termination shall be in addition to all other remedies available under law to the Town.
19. Severability. If any term or portion of this Agreement is held to be invalid, illegal, or
otherwise unenforceable by a court of competent jurisdiction, the remaining provisions of this Agreement
shall continue in full force and effect.
20. Entire Agreement. This Agreement represents the entire and integrated agreement
between the Parties. This Agreement may be modified or amended only by a subsequent written
agreement signed by both Parties.
21. Non -Liability of Officials, Employees and Agents. No officer, official, employee or
agent of Town shall be personally liable to Contractor in the event of any default or breach by Town or
for any amount which may become due to Contractor pursuant to this Agreement.
22. Execution in Counterparts. This Agreement may be executed in counterparts and/or by
facsimile or other electronic means, and when each Party has signed and delivered at least one such
counterpart, each counterpart shall be deemed an original, and, when taken together with other signed
counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.
5
Construction ,A.oreement
23. Choice of Law, Venue. The applicable law shall be that of the State of California
24. Notice. All notices and other communications which are required or may be given under
this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if
personally delivered; (ii) when received if transmitted by telecopy, if received during normal business
hours on a business day (or if not, the next business day after delivery) provided that such facsimile is
legible and that at the time such facsimile is sent the sending Party receives written confirmation of
receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service
(e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt
requested. In each case notice shall be sent to the respective Parties as follows:
Contractor:
Town:
EPS INC.
307 N. AMPHLETT BLVD
SAN MATEO, CA 94401
DANIEL LIANG, UTILITY ENGINEERING MANAGER
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date written above.
CONTRACTOR:
ignatur&---- bate
Print name, Title
TOWN OF IAS ALTOS HILLS:
sy: r2�
Peter PirnejWcf, C�i• M ager Date
6
Construction Agreement
EXHIBIT A
l CONSTRUCTION307 N. Amphlett Blvd.
is DBA Express Plumbing San Mateo, CA 94401
Residential - Commercial -Industrial Tel. 800 246-6425
General Engineering Contractor Fax 650 343-8256
California Lic 778428 (A, B, C36)
Proposal for Moody Rd Emergency Work
October 31, 2023
Daniel Liang, Utility Engineering Manager
dliang@losaltoshills.ca.gov
Town of Los Altos Hills, Ca.
Department of Public Works
Reference: 25616 Moody Rd, Los Altos Hills
Subject: Emergency Work
EPS Inc. proposes to provide all necessary manpower, equipment, and material to perform the
following scope of work:
- Chipping and breaking of the existing concrete to allow for the new 6" HDPE sanitary sewer
pipe that sits on the concrete surface for natural gravity slope.
- Installing a new 10" HDPE casing on the 6" HDPE pipe that extends through the creels
- Removal of concrete to allow for natural flow alignment of the creels flow
- Directional Bore a 2" HDPE pipe to the newly install a filter box to accommodate an old
none operational pump house suction line
- Achor the casing into the existing concrete with stainless steel supports
Total Cost: $59,240.00
Sincerely,
Y41 - a zevwzz
Mark Ramirez
marl,,@,exl2resspluinbing.com
(408) 709-6350
Serving the entire Bay Area since 1989
25616 MOODY RD
ro
!: w
z
J FG 391 m�
w RIPRAP FG 391
TOF CUT RIPRAP
Li
LJ
'm^ EpGE-WATE.Ft~LINE R
°
I "
n" DEMOLISH AND REMOVE
Mw h PART OF EXIST i
CONCRETE SLAB
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4o �V �`o FG .81
^" EDGE WATER LINE M CONC. ° h" RIAAP
o �v EDGE. WATER LINE i` <o
_ ! 1MIN aro°_ 6"C.I P_ 4�pQ
_... -
-------------_------ ------=------kii -------
MOTE: 6" 41DPE ON SURI
Mgo Q CONC. ° SECURE 8 -INCH SLEEVE °
a ° ON EXIST CONCRETE SLAB CONS
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4m \\
INSTALLDROP INLET
wATeR �� TO PUMP HOUSE (E)' \ L ST0 TALL f�aC PIPE
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NE -
101 wry:
MSN �
R M;QVE SEDIMENTS TO w'
? R ALIGN FLOW PATHM
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NEW EDGE LINE LIMITS OF NEW RIPRAP
�° hm OF FLOW TO DIVERT FLOW
Z) AWAY FROM CLIFF
A'
a
NOTES:
1. REMOVE AND DISPOSE CONCRETE DEBRIS OFFSITE
2. RIPRAP SHALL BE R5 (9 — 12 INCHES) OR R6 (12 — 24 INCHES)
FG 396
RIPRAP
mw
DEMOLISH AND REMOVE
PART OF EXIST
2 CONCRETE SLAB
INSTALL 6 -INCH HDPE
\�0 ,G IN 10 -INCH HDPE SLEEVE
38 LF
6" HDPE
(UNDERGROUND)
rn'
rmw' RIPRAP ?
i mFG 396M�(L
tea.
2' 0' 2' 4'
GRAPHIC SCALE EXHIBIT B
QROFEss/ pN9! DRAWING
TOWN OF LOS ALTOS HILLS ADOBE CREEK SEWER CROSSING
acv AZs C-1 02
a No. C 68845
09- -23 * 26379 FREMONT ROAD, LOS ALTOS HILLS, IMPROVEMENT PLAN
s9�F `P CALIFORNIA 94022 SHEET 2 OF 5
REV. DATE DESCRIPTION REV. DATE CAI\
DESCRIPTION OF � DATE: 11/6/23
o°
I
FG 394
Mh RIPRAP
FG'391
RIPRAP
tea.
2' 0' 2' 4'
GRAPHIC SCALE EXHIBIT B
QROFEss/ pN9! DRAWING
TOWN OF LOS ALTOS HILLS ADOBE CREEK SEWER CROSSING
acv AZs C-1 02
a No. C 68845
09- -23 * 26379 FREMONT ROAD, LOS ALTOS HILLS, IMPROVEMENT PLAN
s9�F `P CALIFORNIA 94022 SHEET 2 OF 5
REV. DATE DESCRIPTION REV. DATE CAI\
DESCRIPTION OF � DATE: 11/6/23