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HomeMy WebLinkAboutChrisp Compnay1 � • AGREEMENT THIS AGREEMENT is made and entered into on the 24 day of October, 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; CONTRACTOR. Shall provide or furnish the following specified services and/or materials: 1) Repaint curbs in the Town Hall lot and along Fremont Road & Fremont Pines Lane, as per field meeting. 2) Stencil "Sheriff / EOC Director" on Fremont in from of Town Hall, as per field meeting. 2. EXHIBITS: The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 10/24/2017 3. TERMS. The services and/or materials furnished under this Agreement shall commence 10/25/2017 and shall be completed by 11/08/2017, 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 six hundred dollars and zero cents ($2,600.00) 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 4/23110 5. GENERAL TERMS AND CONDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to indemnify, defend and hold harmless the TOWN, its officers, agerits 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: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. ined. $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 Or 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, ent, the insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26.379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form Updated 4/23/10 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 bindthe 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 4123110 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: Allen Chen Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4123/10 CONT CTOR: By: 6kAj -c 10/25/11 signature bate David Morris, Executive Vice President Print name, Title TOWN OF LOSALTO HILLS: By: 3 /0 4Da ell Cori Cahill, City- Manager Page 4 of 4 r _e =remont 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. DESCRIPTION REPAINT CURBS AND STENCIL "SHERIFF / EOC DIR" AS PER FIELD MEET EXTRA WORK Contractors License No, 374600 DIR Registration No. 1000000306 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Current Date: 10/24/2017 BidDate: 10/24/2017 JobName: REPAINT CURBS Location: LOS ALTOS HILLS Contract#: Working Days: Liquidated Damages QUANTITY UNIT UNIT PRICE 1 LS Subtotal 2600.000 TOTAL Bid#: 37878 1 Job#: TOTAL $2,600.00 $2,600.00 $2,600.00 Signing of this quotation will constitute a legal and binding contract change order to perform extra work as quoted and a contract change order must be issued to Chrisp company for the agreed amount of work and moneys within 10 days of the beginning for the work. Non -timely issuance of a contract change order will not relieve general contractor of delayed/late payment. Date Approved: Signed: Print name and title: This quote includes all stipulations found on page 3 QUOTE PREPARED BY John Salas (510)385-5501 jsalas@chrispco.com CHRISP COMPANY --eh)djpeonWatW EXTRA WORK Contractors License No. 374600 Fremont Office 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation DIR Registration No. 1000000306 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement The following stipulations are hereby incorporated into and made part of the quotation from Chrisp co. dated October 24, 2017 for the following project REPAINT CURBS • NO RETENTION TO BE TAKEN ON CONTRACTS LESS THAN $5000.00 • 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: Removal of Existing Striping & Markings • EXCLUDE: Removal of Existing Pavement Markers • Parking Area is to be Clear of Debris and Parked Vehicles prior to Chrisp Company Arrival. • 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, ) • Chrisp Co. will remove contractors short term temporary markers (Floppys) 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 installing permanent striping while other operations are in progress on jobsite. • 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 I and or Accessibility by 1 Ton Vehicle required for Chrisp Company work • EXCLUDE: Advanced posting of "No Parking" signs Page 2 of 3 m eht - .Fremont Office 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation EXTRA WORK Contractors License No. 374600 • ALL Bid items shall NOT be adjusted or removed without written / or verbal permission. • EXCLUDE: Lead Compliance Plan DIR Registration No. 1000000306 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement • 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 Page 3 of 3 Form W09 Request 6r Taxpayer Give farm to the (Rev.Octaber2607) Identification Number and Certification requester. Do: not 6apertmant of the Treasury - send to the IRS. Internal nevenue'9aNce Name (as shown on your Income tax return) Chris . Company a Business name, if different from. above C 6heok approprlots box: ❑ IndivtdualUeole proprietor ❑✓ Corporation ❑ Partnerahip ElLimited liability Exempt company, inter the fax classification (d=d_laregarded entity, C=corporation, P=partnership) ►--__--__ ❑ ❑ 01her (sea lnaUgotione) llo- pay8e SAddress (number, 'street, and apt, or sulfa no) Requester's name and address (optlonaQ 43650 Osgood, Road m Town of Los Alias Nilis 26370Frefiiont bead City, state, rani# ZIP Dods Tremont CA 94539 LOS AItI a Hills CA 94022 inLiStaocount numbers) here (optional) L&IM Taxpayer ictentmontion Numner (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line,1 to avoid Social seourity number backup withholding. For Individuals, this is your social security number (SSN). However, for a resident i alien, sola proprietor, or disregarded entity; sea the Platt I instructions oat page 3, dor other sniffles, It is Y64 employer Identification number (LIN). If you do not have a number, see How to get a TIN on paps 3, or Note. If the account Is In more than one name, see the chart oil page 4 for guidelines off whose Employer identifloation number number to enter. 94 11 2578099 Under.panslties of perjury, I certify'that: 1, The number shown on this form is my correct taxpayer Identification nuiniber (or I ant waiting for a dumber to be issued to me), slid 2. 1 am not subject to backup withholding because; (a) I ail exempt from backup withholding, or (b) l have not been notified by the Internal Revenue Service (IRs) that.1 am subjeoi, fo backup withholding as a result of a failure to report all interest or dividends, or (a) the IRS has notified me that l am no longer subject -to, backup withhoiding, slid 3, 1 am a U.S: citizen or other U.S. person (defined below), Certlllcaiton InSthIC111011e. You must cross out Item 2 above It 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, Por real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or'abandonmant of secured property, cancellation of debt, contributions to an intlividual retiretneint arrangement (IRA), and generally, payments other than Interest`and dividends, yeti are not required to sign the Gerlifioation; but you must provide your correot TIN. See %Instructions on page 4. General Instructions Section references are to the Internal Revenue Code unless otherwise noted. Purpose of Form A person who is required to file an information return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you, real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Use Form W-9 only if you are a U.S, person (Including a resident allen), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are wafting for a number to be Issued), 2, Certify that you are not subject to backup withholding, or 3, Claim exemption from backup withholding if you are a U.S, exempt payee. If applicable, you are also _'certifying that as a U.S. person, your allocable share of any partnership incomo from a U.S. trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected Income. Note, If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if It is substantially similar to this Form W-9, bete P 10%25%.1.7 Definition of a U.s. person. For federal tax purposes, you are considered a U.S. persotn if you are: o An individual who is a 013. citizen or UA resident allen, A partnership, corporation, company, or association created or organized in the United :States or under the laws of the United States, • An estate (other than a foreign estate), or • A domestic trust (as defined in Regulations section 301.7701-7). n cases a Form W-9 to the partnership to este and avoid Withholding on your share The person who gives Form W-9 to the partnership for purpposes of establishing its U.S, status and avoiding withholding on its allocable, share of net Income from the partnership conducting a trade or business in the United States Is in the following cases; The U.S. owner of a disregarded entity and not the entity, Cat. No, 1023IX Form W -J (Rev. 10-2007)