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HomeMy WebLinkAboutChrisp Company AGREEMENT THIS AGREEMENT Is made and entered into on the 771 day of lAtvvrck , 2017 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Chrisp Company (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: Install new 150 LF 4" edge line (extruded thermoplastic) Remove 65 LF detail 22 and restripe detail 22 (extruded thermoplastic) Install 5 LF detail 21 (thermoplastic) Remove and replace 12" wide stop bar and "STOP" legend (extruded thermoplastic). 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 3/13/17 3. TERMS. The services and/or materials furnished under this Agreement shall commence 41( and shall be completed by1(.it�, lij unless terminated pursuant to Section 5 I 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed three thousand two hundred twenty-five dollars and zero cents ($3,225.00) 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 8110(1 fam Updated 4/23'10 br 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 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. 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 smnrorm ucemeanrzar:s v v 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 SIM form Updated 4(29/10 V V 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: Tina Tseng Interim City Engineer 1 Town of Los Altos Hills By: cw� 7J�lZ� 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 David Morris,Executive Vice President Print name,Title TOWN OF LOS ALTOS HILLS: By: COQDcok) '3/3117 Carl Cahill, anager D e Town of Los Altos Hills Page 4 of 4 Shod form Updated 4/23/10 • 400 e+✓seopCompany Contractors License No.374800 Fremont Office DIR Registration No.1000000300 43650 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence,Wire,wood Phone: (510)656-2840 Fax: (510)650-2397 C-32 Highway Improvement Quotation Union Contractor/No minority Status COMMENTS, EXCLUSIONS, AND STIPULATIONS The following stipulations are hereby incorporated into and made part of the quotation from Chrisp co. dated March 13, 2017 for the following project ROBLEDA ROAD AND PURISSIMA ROAD • NO RETENTION TO BE TAKEN ON CONTRACTS LESS THAN$5,000.00 • 1 Move-In(s)Included.Additional Move-Ins$1,550.00 • Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date • Clean, clear and unobstructed access required for Chrisp Co.work • Final PAY QTYS presented by owner MUST be agreed by Chrisp Co. • EXCLUDE:Traffic Control Plan • EXCLUDE:Seal Coat • Parking Area Is to be Clear of Debris and Parked Vehicles prior to Chrisp Company Arrival. • EXCLUDE: Red-Lined As-Built Drawings • Traffic Control INCLUDED for Chrisp Company work ONLY • After receiving contract 10 working days written notice required prior to scheduling of work • EXCLUDE: Special Insurance Requlrements,(i.e.Railroad insurance, • This quotation excludes Primary Liability Insurance greater than$2,000,000. • This quotation excludes all work associated with the project SWPP and WPCP. • This quotation excludes Installing permanent striping while other operations are in progress onjobsite. • Mobilization&Traffic Control Items shall not be adjusted for decreases in the work. • Mobilization&Traffic Control items shall be adjusted for increases In the work • EXCLUDE:Advanced posting of"No Parking"signs • This quotation EXCLUDES removal of Yellow stripe and markings treated as hazardous. • ALL Bid items shall NOT be adjusted or removed without written/or verbal permission. • Retainage percentage on monthly progress payments to be no greater than the percentage retained by the Owner on its payment to the Contractor.If Owner reduces the retainage percentages on payments to the Contractor,the Contractor shall likewise reduce the retainage percentage on payment to Chrisp Company.Full retention to be released no later than thirty,(30)Days after completion of Chriap Companys work. Excessive or delinquent retainage will be subject to the highest interest rate allowed by law, • THIS QUOTATION IS BASED ON A STANDARD MONDAY THROUGH FRIDAY WORK WEEK.ADDITIONAL COSTS WILL OCCUR FOR WORK PERFORMED ON WEEKENDS Page 2 of 2 is Q Company -^"`t'. Contractors License No.374800 Fremont Office DIR Registration No.1000000306 43850 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence,Wire,wood Phone: (510)656-2840 Fax: (510)656-2397 C-32 Highway Improvement Quotation Union Contractor/No minority Status TO: Current Date: 3/13/2017 LOS ALTOS HILLS BidDate: 3/13/2017 26379 FREMONT ROAD JobName: ROBLEDA ROAD AND PURISSIMA ROAD LOS ALTOS HILLS CA 94022 Location: LOS ALTOS HILLS Bid*: 34984 0 Phone:(650)941-7222 Fax: (650)941-3160 Contract*: Job: Working Days: Contact: JOHN CHAU Liquidated Damages email: jchau@losaltoshills.cagov ITEM NO. DESCRIPTION QUANTITY UNIT UNIT PRICE TOTAL 01 INSTALL NEW 4"EDGE LIE STRIPE 150 LF 4.000 $600.00 02 REMOVE EXISTING DETAIL 22 AND RESTRIPE 65 LF 15.000 $975.00 DETAIL 22 03 INSTALL DETAIL 21 STRIPE 5 LF 10.000 $50.00 04 REMOVE AND REPLACE 12"WIDE STOP BAR 1 EA 400.000 - $400.00 05 MOBILIZATION COSTS FOR CHRISP COMPANY 1 SUM 1200.000 $1,200.00 WORK ONLY Subtotal $3,225.00 TOTAL $3,225.00 Written Authorization is Required Prior to Proceeding With Work ACCEPTED BY: P.O.Number TITLE: Job Number Bond Rate Addendu 1.2% This quote Includes all stipulations found on page 2 QUOTE PREPARED BY David Morris (510)719-6453 dmorris@chrispco.com CHRISP COMPANY Page 1 of 2 LII+ S Form W-9 Request for Taxpayer Give term to the Mar.°ether Z00n Identification Number and Certification requester. Do not omnia.t or the aevy send to the IRS. inns seems Baste Name he shorn err your income tax retain) Chrisp Company Bueinea rwne.if different from above checkepFgdate boo'0 IMue MdvBol•propitiatorLM Lwpaetlm ❑ PoMreep r ❑ Limited labile company.Enter the ten das1mtln p=dferegarded entry,Cecaporaian,PWumers ip)• ❑ Exe pt E 7 ❑ aher ae•vrwdnq E 58 Addrus inumber,etre,end apt.or erns treat Requester's name mit address(optional) a 43650 Osgood Road revel el l4 altos Rills city,state,and ZP coals 26379 Fremont Road pQ Fremont,CA 94539 LosAltos Kills,CA 4922 List account nabs(*here(optimal) Taxpayer Identification Number(TIN) Enter your TIN In the appropriate box.The TIN provided must match the name given on Une 1 to avoid soda asogly number backup withholding.Fa individuals,this Is your social security number(6SN). However.for a resident alien,sole proprietor,or disregarded entity,see the Part I instructions on page 3. For ata entities,it is your employer Identification number(EIN).If you do not have a number,see How to get a TIN on page 3. or Note.It the account is in mere then one name.see the chart on page 4 for guidelines on whose Employerldentlfa•aen number , number to atter. 94 I 2578099 haw Certification Under penalties of penury,I certify that: 1. The number shown on It form is my correct taxpayer identification number(or I am waiting for a number to be Issued to me),and 2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or eel have not been notified by the Internal Revenue Service(IRS)that I am abject to backup wlmhddhp as a result of a failure to report all interest a dividends,or(c)the IRS hes notified me that I em no longer sidled to badam withholding.and 3. 1 am a U.8.citizen or other U.8.person(defined below), Certification Instructions.You must cross out Item 2 above if you have been notified by the IRS that you are currently abject to backup withholding because you have felled to report as Interest and dvidends on your tax return. For reel estate transections.Item 2 does not appy. For mortgage Interest paid.acquisition or abendolvnent of secured property,oandellatlat of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other then interest and dividends.you are not requlred to sign the Certification,but you must provide your correct TIN.See^4s instructions on page 4. Sign sigmm•of 1Y 1_ fl_,m(ti.} 2D�-7 (ri Here os.roman ae ��a^^��' Pale I l General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person If you are: Section references are to the Internal Revenue Code unless otherwise noted. •An individual who Is a U.S.citizen or U.S.resident alien. Purpose of Form •A partnership. corporation,company,or association created or pagonized In the United States or under the laws of the United A person who Is required to file an information return with the Slates. IRS must obtain your correct taxpayer Identification number(ret) • An estate(other then a foreign estate), or to report,for example, Income paid to you,real estate •A domestic trust(as defined In Regulations section transactions, mortgage interest you paid,acquisition a 301.7701-7). abandonment of secured properly, cancellation of debt, or colas for partnerships.Partnerships contributions you made to an IRA Special psthat ccntlud a Form W-9 only if you are a U.S. person(including a trade a business In the United States are generaly required to res Useem alien),mto onif y your cowed U.S to the person pay a withholding tax on any foreign partners'share of Income requesting X Qhs requester)rovideand, whenapplicable,TINttofrom such business, Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving Is correct(a you are a partner is a foreign person,and pay the withholding tax. waiting for a number to be issued), Therefore, if you are a U.S. person that Is a partner In a 2. Certify that you are not subject to backup withholding, a partnership conducting a trade or business In the United States, provide Form W-9 to the patnership to establish your U.S. 3.Claim exemption from backup withholding X you are a U.S. status and avoid withholding on your share of partnership exempt payee. It applicable,you as also certifying that as a income. U.S. person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.S trade or business Is not subject to the withholding tax on purposes of establishing Its U.S. status and avoiding withholding foreign partners'share of effectively connected income. on Its allocable share of net Income from the partnership Note.H a requester gives you a form other than Form W-9 to conducting a trade or business In the United States Is In the request your TIN,you nest use the requester's form If X is following cases: substantially similar to this Form W-9. •The U.S. owner of a disregarded entity and not the entity. Cat,No.10291% Form W-9 they,10.2007) Kay Ukes From: Kay Ukes <kayukes@chrispco.com> Sent Monday, March 27, 2017 3:04 PM To: 'das140@norcaltc.org' Subject: DAS140 Town of Las Altos Hill Attachments: DAS140Town of Los Altos Hills.pdf Please see attached DAS 140 Thank you, Kay Ukes Chrisp Company/Contract Admin 43650 Osgood Rd. Fremont,CA 94539 Phone: (510) 656-2840 x136 Direct Line: (510)933-3936 Fax: (510)656-2397 1 f✓ PUBLIC WORKS CONTRACT AWARD INFORMATION Contract award information must be sent to your Apprenticeship Committee if you are approved to train. If you are not approved to train,you must send the information(which may be this form) to ALL applicable Apprenticeship Committees in your craft or trade in the area of the site of the public work. Go to: http://www.dirca.govldas/PublicWorksForms.htmfor information about programs in your area and trade.You may also consult your local Division of Apprenticeship Standards(DAS)office whose telephone number may be found in your local directory under California,State of,Industrial Relations,Division of Apprenticeship Standards. Do not send this form to the Division of Apprenticeship Standards. NAME OF YOUR COMPANY CONTRACTOR'S STATE LICENSE NO CHRISP COMPANY 374600 WILING AGGRESS NUMBER&STREET.CRY,ZIP CCGE AREA CODE&TELEPHONE NO. 43650 OSGOOD ROAD, FREMONT, CA 94539 (510) 656-2840 NAME&ADDRESS OF PUBLIC WORKS PROJECT DATE YOUR CONTRACT EXECUTED ROBLEDA ROAD&PURISSIMA RD 3/27/17 LOS ALTOS HILLS, CA 94022 DATE OE EXPECTED OR ACTUAL START OF PROJECT 3/27/17 NAME&ADDRESS OF PUBLIC AGENCY&WAREING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS TOWN OF LOS ALTOS HILLS 10 26379 FREMONT RD OCCUPATION OE APPRENTICE LOS ALTOS HILLS, CA. 94022 Pkg & Hwy (Striper-Laborer) MIS FORM IS BEING SENT TO:(NAME&ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS NORTHERN CALIFORNIA LABORERS 2 1001 WESTSIDE DR APPROXIWE DATES 10 BE EMPLOYED SAN RAMON, CA 94583 3127/17 to 3/27118 FAX (925) 828-6142 This is not a request for dispatch of apprentices. Contractors must make a separate request for actual dispatch,in accordance with Section 230.1(a)California Code of Regulations Check One Of The Boxes Below I. We are already approved to train apprentices by the Northern CA Laborers Parking& Highway J.A.T.0 Apprenticeship Committee. We will employ and train under their Standards. Enter name of the Committee 2. n We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the Committee 3. n We will employ and train apprentices in accordance with the California Apprenticeship Council regulations, including§230.1 (c)which requires that apprentices employed on public projects can only be assigned to perform work of the craft or trade to which the apprentice is registered and that the apprentices must at all times work with or under the direct supervision of journeyman/men. Signature Date 3/27/17 Typed Name KELLY AGU I LAR Title CONTRACT ADMINISTRATOR State of California-Department of Industrial Relations DIVISION DAS tm(REVtun OF APPRENHCESHIP STANDARDS