HomeMy WebLinkAboutChrisp Company (4)AGREEMENT
THIS AGREEMENT is made and entered into on the 19th day of April 2022 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:
Furnish and install four (4) Breakaway Signs Posts with Warning Signs,
Thermoplastic Crosswalk, Yield Lines, and "Trail Xing Ahead" Legends at
Altamont Plunge Pathway
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated April 18, 2022
3. TERMS. The services and/or materials furnished under this Agreement shall
commence May 2, 2022 and shall be completed by May 6, 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 eight thousand five
hundred and fifty dollars ($8,550) 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 3116/21
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:
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.
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 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 3/16121
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: Chrisp Company
John Chau
Associate Engineer
Town of Los Altos Hills By: r Ute- 4/19/2022
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
David L. Morris - Executive Vice President
Print name, Title
TOWN OF LOS ALTOS HILLS:
9
By: C/!7.22
Peter Pirnejad, ity Manager, Date
Town of Los Altos Hills Page 4 of 4
Shod form
Updated 3/16/21
Fremont Office
43650 Osgood Rd
Fremont CA 94539
Phone: (510) 656-2840 Fax: (510) 656-2397
Quotation
TO:
LOS ALTOS HILLS
26379 FREMONT ROAD
LOS ALTOS HILLS CA 94022
Phone: (650) 941-7222 Fax: (650)941-3160
Contact: John Chau
email: jchau@losaltoshills.ca.gov
ITEM NO.--`-- DESCRIPTIONS
1 Furnish and Install (4 ea) Breakaway Sign Posts v
Warning Signs, Thermoplastic Crosswalk, Yield
Lines, and "Trail Xing Ahead" Legends at Altamor
Plunge Pathway A/
Written Authorization is Required Prior to Proceeding With Work
ACCEPTED BY: P.O. Number
TITLE: Job Number
This quote includes all stipulations found on page 2
Page 1 of 2
Contractors License No. 374600
DIR Registration No. 1000000306
A General Engineering
C-13 Fence, Wire, wood
C-32 Highway Improvement
Union Contractor / No minority Status
Current Date: 4/18/2022
BidDate: 4/18/2022
JobName: 25560 Altamont Rd
Location: Los Altos Hills Bid#:
Contract#: Job#:
Working Days:
Liquidated Damages
QUANTITY UNIT UNIT PRICE
1 LS 8550.000
Subtotal
TOTAL
56595 0
TOTAL
$8,550.00
$8,550.00
$8,550.00
Bond Rate 1.2%
QUOTE PREPARED BY Danny Azcueta
(650) 224.1115
dazcueta@chrispco.com
CHRISP COMPANY
t•
Fremont Office
43650 Osgood Rd
Fremont CA 94539
Phone: (510) 656-2$40 Fax: (510) 656-2397
Quotation
Contractors License No. 374600
DIR Registration No. 1000000306
A General Engineering
C-13 Fence, Wire, wood
C-32 Highway Improvement
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 April 18, 2022 for the following project
25560 Altamont Rd
• NO RETENTION TO BE TAKEN ON CONTRACTS LESS THAN $5,000.00
• 1 Move- In(s) included. Additional Move- Ins $2,100.00
• Chrisp Company reserves the right to withdraw proposal if written acceptance is not received within 30 days of bid date
• EXCLUDE: Installation or removal of temporary delineation
• Clean, clear and unobstructed access required for Chrisp Co. work
• Final PAY QTYS presented by owner MUST be agreed by Chrisp Co.
• Changeable Message board if required to be provided by General Contractor for Chrisp Co. Use at no Charge to Chrisp Co.
• EXCLUDE: Traffic Control Plan
• EXCLUDE: Fire Lane Striping and Signage
• EXCLUDE: Concrete Coring for Signs
• EXCLUDE: Removal of Existing Striping & Markings
• EXCLUDE: Removal of Existing Pavement Markers
• EXCLUDE: Removal of Concrete Curing Material prior to PAINT / THERMOPLASTIC / PAVEMENT MARKER
• EXCLUDE: Furnishing and Installation of Mast Arm Signs
• 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 Requirements,(i.e. Railroad Insurance, 1
• EXCLUDE: ALL Signs on Traffic Signal Plans
• EXCLUDE: Construction Area Signs
• Chrisp Co. will remove contractors short term temporary markers (Fioppys) placed for lanelines and centerlines
only (no edgelines or shoulders). No Tape removal. Short Term Temporary markers are to be placed so that striping
may be placed before removal of temporary markers.
• 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 the removal & disposal of hazardous grindings & spoils from jobsite.
• EXCLUDE: Encroachment Permit (If required to be provided at No Cost to Chrisp Company)
• EXCLUDE: ALL Safety Training, Badging, Drug Testing and Orientation (To be paid at time and material Cal -Trans
• Access 1 and or Accessibility by 1 Ton Vehicle required for Chrisp Company work
• EXCLUDE: Advanced posting of "No Parking" signs
• EXCLUDE: Maintenance of temporary delineation ie. temporary paint, temporary tape, channelizers, etc...
• ALL Bid items shall NOT be adjusted or removed without written/ or verbal permission.
• EXCLUDE: Lead Compliance Plan
• 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 Chrisp Companys work. Excessive or delinquent
retainage will be subject to the highest interest rate allowed by law.
• Chrisp Company shall be reimbursed the full amount for bonds upon submission to General Contractor. Retention
shall not be held from bond reimbursement.
• THIS QUOTATION IS BASED ON A STANDARD MONDAY THROUGH FRIDAY WORK WEEK. ADDITIONAL COSTS WILL
OCCUR FOR WORK PERFORMED ON WEEKENDS
• CHRISP COMPANY WILL USE EXISTING EMPLOYEE POOL TO PERFORM ALL WORK ON THIS PROJECT, IF THERE
ARE ANY HIRING GOALS FOR THIS PROJECT THIS WILL BE EXCLUDED
• EXCLUDE: ALL HARD WIRED ELECTRICAL SIGNS
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