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HomeMy WebLinkAboutO'Grady Paving, Inc. (4) AGREEMENT THIS AGREEMENT is made and entered into on the 2nd day of November, 2018 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and O'Grady, 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: Install two (2) Shared Lane Markings "Sharrow" (extruded thermoplastic)at Elena Road and Moody Road. 2. EXHIBITS The following attached exhibits are hereby Incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 11/1/2018 (verbally) 3. TERMS. The services and/or materials furnished under this Agreement shall commence i//q p8 and shall be completed by ((/1 q Ile , 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 seven hundred dollars and zero cents ($2,700 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 4123110 i 1 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: L 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. Ill. 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 i 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 Shari form Updated 4/23/10 i . 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 Shod form Updated 4123/10 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 CONT- Nichol Bowersox Public Works Director Town of Los Altos Hills ByANIAI l/ 26379 Fremont Road ign Cr •ate Los Altos Hills, CA 94022 10( n 60 2/cii) rant name,Title TOWN OF LOS ALTOS HILLS By fi 16/1 Carl Cahil, City Manager D Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 A ® 18 CERTIFICATE OF LIABILITY INSURANCE DAT (MM)DD ) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT If the certificate holder Is an ADDITIONAL INSURED,the policy(les)must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCERCONTACT Bolton &Companyy NAME: 3475 E. Foothill Blvd., Suite 100 PHONE FAX Pasadena, CA 91107 Est):: E-MAIL (626)799-7000 (Arc,No): (626)583-2117 E M ADDRESS: INSURER(s)AFFORDING COVERAGE NAIC it www.boltonco.com 0008309 INSURER A. Old Republic General Insurance Corp 24139 INSURED INSURER B. Starr Indemnity&Liability Company 38318 O'Grady Paving, Inc. INsuRERc. Underwriters at Lloyd's,London DBA.A&D Trucking; Best Equipment Rentals 2513 Wyandotte Street INSURERD. Mountain View CA 94043 INSURER E. j INSURER F. COVERAGES CERTIFICATE NUMBER: 45246868 REVISION NUMBER. THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ITR TYPE OF INSURANCE NSD SWVD POLICY NUMBER IMMIDDnWYL(MM/DDIIYYY YYYY) LIMITS A / COMMERCIAL GENERAL LIABILITY ✓ AlCG44181800 7/1/2018 7/1/2019 EACH OCCURRENCE $1,000,000 DAMAGE TO RENTED —1 CLAIMS-MADE / OCCUR PREMISES(Ea occurrence) $100,000 MED EXP(Any one person) $5,000 PERSONAL&ADV INJURY $1,000,000 G£N'LAGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $2,000,000 POUCY1✓1218, LOC PRODUCTS-COMP/OP AGG $2,000,000 OTHER: $_ A AUTOMOBILE LIABILITY A1CA44181800 7/1/2018 7/1/2019 COMBINED SINGLE LIMIT $ } (Ea accident) 1,000 000 r/ ANY AUTO BODILY INJURY(Per person) $ OWNED SCHEDULED BODILY INJURY(Per accident) $ ~ AUTOS ONLY ,_,AUTOS HIRED NON-OWNED PROPERTY DAMAGE $ AUTOS ONLY _AUTOS ONLY (Per accident) $ B UMBRELLALIAB I OCCUR 1000585182181 7/1/2018 7/1/2019 EACH OCCURRENCE $10,000,000 r/ EXCESS LIAB CLAIMS-MADE AGGREGATE $10,000,000 DEO RETENTION S _ $ A WORKERSCOMPENSATION A1CW44181800 7/1/2018 7/1/2019 ,/ STATUTE OTH- ER _ AND EMPLOYERS'LIABILITY ANYPROP RIETOR X llDEE ECUTIVE Y NIA E.L.EACH ACCIDENT $1,000,000 OFFICERMEMB (Mandatory In NH) I I E.L.DISEASE-FA EMPLOYEE $1,000.000 If yes,describe under DESCRIPTION OF OPERATIONS below E,L DISEASE-POLICY LIMIT $1,000,000 C Pollution Liability PGIARK0873600 7/1/2018 7/1/2019 Limit:$1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS)VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached!Imre space is required) Re:Job#18174,Install Sharrows at Elena Rd and Moody Road. GL Additional Insured applies per CG20100413&CG20370413 attached,only if required by written contract/agreement. GL,Auto and WC Notice of Cancellation clauses apply per 1L02700912 and WC9903140107 attached. Additional lnsured(s):The Town of Los Altos Hills,its elective and appointed officers,employees,and volunteers. CERTIFICATE HOLDER CANCELLATION Job#18174 Town of Los Altos Hills SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 26379 Fremont Road ACCORDANCE WITH THE POLICY PROVISIONS. Los Altos Hills, CA 94022 ,} AUTHORIZED REPRESENTATIVE I I Chau Tran ©1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25(2016/03) The ACORD name and logo are registered marks of ACORD 45246868 1 OGRAPAV-Cl 11a-19 PTC, Auto, GL, XS, COI,L 1 Bolton Certificate Processing 111/5/2018 3.24 01 PFI (PST) I Page 1 of 13 Form W1.9 Give for Taxpayer Give Form to the (Rev.November 2017) Identification Number and Certification requester Do not Department of the Treasury send to the IRS. Internal Revenue Service ►Go to www.Irs.gov/FormW9 for Instructions and the latest information. 1 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank. O'Grady Paving,Inc. 2 Business name/disregarded entity name,if different from above m 3 Check appropriate box for federal tax classification of the person whose name is entered on line 1 Check only one of the 4 Exemptions(codes apply only to rn following seven boxes. certain entities,not individuals;see a, instructions on page 3): o ❑ Individual/sole proprietor or 0 C Corporation ❑S Corporation 0 Partnership 0 Trust/estate m single-member LLC Exempt payee code(it any) 01 c U Limited liability company.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership)► o Note:Check the appropriate box in the line above for the tax classification of the single-member owner. Do not check Exemption from FATCA reporting LLC if the LLC Is classified as a single-member LLC that is disregarded from the owner unless the owner of the LLC is code ff any) 'C o another LLC that Is not disregarded from the owner for U.S.federal tax purposes.Otherwise,a single-member LLC that is disregarded from the owner should check the appropriate box for the tax classification of its owner IE 4q ❑ Other(see instructions)► f4ppros to accoums maintainedouls(do No US.) N 5 Address(number street,and apt.or suite no.)See instructions. Requester's name and address(optional) 2513 Wyandotte Street Town of Los Altos Hills 6 City,state,and ZIP code 26379 Fremont Road Mountain View,CA,94043 Los Altos Hills,CA,94022 7 Ust account number(s)here(optional) Part I Taxpayer Identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid I Social security number backup withholding.For individuals,this is generally your social security number(SSN).However,for a resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later For other — — entities,it Is your employer identification number(EIN).If you do not have a number,see How to get a TiN,later or Note:If the account Is in more than one name,see the Instructions for line 1 Also see What Name and Employer Identification number Number To Give the Requester for guidelines on whose number to enter 9 , 4 — 1 4 9 3 6 9 2 Part II Certification Under penalties of perjury,I certify that: 1 The number shown on this 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(b)I have not been notified by the Internal Revenue Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer subject to backup withholding;and 3.I am a U.S.citizen or other U.S.person(defined below);and 4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct. Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report all interest and dividends on your tax return,For real estate transactions,item 2 does not apply.For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the certification,but you must provide your correct TIN.See the instructions for Part II,later Sign Signature of Kathleen A.Mitchell for Here U.S.person► L� O'Grady Paving,Inc. Date► 11/05/18 General Instructions •Form 1099-DIV(dividends,Including those from stocks or mutual funds) Section references are to the Internal Revenue Code unless otherwise •Form 1099-MISC(various types of income,prizes,awards,or gross noted, proceeds) Future developments.For the latest information about developments •Form 1099-B(stock or mutual fund sales and certain other related to Form W-9 and its instructions,such as legislation enacted transactions by brokers) after they were published,go to www.irs.gov/FormW9. •Form 1099-S(proceeds from real estate transactions) Purpose of Form •Form 1099-K(merchant card and third party network transactions) An individual or entity(Form W-9 requester)who is required to file an •Form 1098(home mortgage Interest),1098-E(student loan interest), Information return with the IRS must obtain your correct taxpayer 1098-T(tuition) Identification number(TIN)which may be your social security number •Form 1099-C(canceled debt) (SSN),Individual taxpayer Identification number(ITiN),adoption •Form 1099-A(acquisition or abandonment of secured property) taxpayer Identification number(ATIN),or employer Identification number Use Form W-9 only if you are a U.S.person(including a resident (EIN),to report on an information return the amount paid to you,or other alien),to provide your correct TIN. amount reportable on an Information return.Examples of Information returns include,but are not limited to,the following. If you do not return Form W-9 to the requester with a TIN,you might •Form 1099 INT(interest earned or paid) be subject to backup withholding.See What is backup withholding, later Cat.No.10231X Form W-9(Rev.11-2017) John Chau From: John Chau Sent: Thursday, November 1, 2018 3.46 PM To: Nichol Bowersox Subject: FW CCO#4 I 2018 Pavement Rehab & Drainage Improvement Project Attachments: CCO#4.pdf Hi Nichol, I was able to negotiate with Tom to do all the work including about 100 feet of shoulder backing for the same lump sum price$29,500 He told me he has a window this coming Monday or Tuesday to do the work. Please review the change order#4 and sign if there is no issue In addition, he agreed to give ups$0©Tdisc`o on the sharrows. Let me know if you have any questions. Thanks, John From: Kathleen Mitchell<KMitchell@ogradypaving.com> Sent:Thursday, November 1, 2018 3.38 PM To:John Chau<jchau@losaltoshills.ca.gov> Cc:Tom O'Grady<tom@ogradypaving.com> Subject:CCO#4 12018 Pavement Rehab& Drainage Improvement Project Good afternoon, Please see attached for the Contract Change Order No 4 for the 2018 Pavement Rehabilitation & Drainage Improvement Project. Sincerely, Kathleen Mitchell O'Grady Paving. � y Inc. 2513 Wyandotte Street I Mountain View, CA 94043 Office 650-966-1926 I Fax 650-966-1946 KMitchell@ogradypaving.com 1 John Chau From: John Chau Sent: Friday, November 2, 2018 7.26 AM To: 'Tom O'Grady' Subject: Sharrow markings Attachments: MX-3070N_20181102_072126.pdf Tom, Per our discussion,you agreed to give the Town `dis_couron installing 2 sharrow markings at Elena and Moody Roads. Please sign the attached agreement and email back to me. Thanks, John 1