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HomeMy WebLinkAboutChrisp Company (5)AGREEMENT THIS AGREEMENT Is made and entered into on the",',I ay of �1���-Lr , 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 tvOaand shall be completed by+kj('-Tunless terminated pursuant to Section 5(0. 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 farces/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 Short form Page 1 of 4 Updated 4123/10 e&6 p evwy a V Fremont Office 43660 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@losaitoshIIIs.cagov ITEM NO, DESCRIPTION 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: 3/13/2017 BldDate: 3/13/2017 JobName: ROBLEDA ROAD AND PURISSIMA ROAD Location: LOS ALTOS HILLS Bid#: 34984 o Contract#: Job#: Working Days: Liquidated Damages QUANTITY UNIT UNIT PRICE TOTAL 01 INSTALL NEW 4" EDGE LIE STRIPE 150 LF 4.000 02 REMOVE EXISTING DETAIL 22 AND RESTRIPE 65 LF 16.000 $600.00 DETAIL 22 $975.00 03 INSTALL DETAIL 21 STRIPE 5 LF 10.000 04 REMOVE AND REPLACE 12" WIDE STOP BAR 1 EA 400.000 $50.00 05 MOBILIZATION COSTS FOR CHRISP COMPANY 1 SUM 1200.000 $400.00 WORK ONLY $1,200.00 Subtotal $3,225.00 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 TOTAL M Bond Rate Addendu QUOTE PREPARED BY David Morris (510)719-6453 dmorrls@chrispco.com CHRISP COMPANY $3,225.00 &vdis p &wW atW Fremont Office 43650 Osgood Rd 17remont CA 94539 ?hone: (510) 656-2840 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 The following stipulations are hereby Incorporated into and made part of the quotation from Chrisp co. dated March 13, 2017 for the following project I2.OBLEDA 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 Chrlsp 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 Requirements,(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 on jobsite. • 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 Chrisp 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 WORKWEEK. ADDITIONAL COSTS WILL OCCUR FOR WORK PERFORMED ON WEEKENDS Page 2 of 2 6. 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. 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. iiia 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 dills Page 2 of 4 Short form g Updated 4123110 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 g 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: Tina Tseng Interim City Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos kis Short form Updated 4123/10 CONTRACTOR: By: Signature pate David Morris, Executive Vice President Print name, Title TOWN OF LOS ALTOS HILLS: By: 3 f zv17 Carl Cahill, ity Manager D e Page 4 of 4 Form -9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification') requester. Do not Department or the Treasury Internal Revenue Service send t0 the IRS, Name (as shown on your income tax return) m Chrisp Company Q. Business name, If different from above G pmp. c G Check appropriate box: ❑ Individual/9ole proprietor Corporation ❑ partnership ❑ Limited liability Exempt company. Enter the tax classification (D=disregarded entity, C=corporation, P=parfnershlp) � ------- ❑ 1d �M, El Other (see Instructions) 1w payee C Address (number, street, and apt. or suite no) Requester'e name and address (optional) a. 43650 Osgood Road Town of Los Altos Hills. 20379 Fremont Road City, state, and ZIP cods Fremont CA 94539 Los Altos Hills, CA 94022 MList account number(s) hers (optlona� .vein■ r a,np.ra�.c+[ It1t711N111ZA 61V11 IVW.InFJt3r tl uV+ - - -- Enter.your TIN In the appropriate box, The TIN provided must match the name given on Line 1 to avoid. social security number �� backup withholding. For individuals, this Is your social security number ($SN), However, for.a resident I i alien, sole proprietor, or disregarded entity, see the part I Instructions on page 3. For Other 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, If the account Is in more than one name, see the chart on page 4 for guidelines On whose Employer identtfioation number number to enter, 941 2578099 Under penalties Of perjury, I certify that: 1, The number shown on this form 19 my correct taxpayer Identlfloation number (or I am waiting for a number to be issued to me), and 2. 1 am not subject to backup withholding because: (a) I am exempt from backup witl..iholding, or (b) I have; notbeen notifled 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 aim no longer subject to backup withholding, and 3. 1 am a U,S, citizen or other U.B. person (defined below). Gertlfloatlon 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 ail interest slid dividend$ Oil your tax return, For real estate transactions, Item 2 does not apply, For mortgage Interest paid, acquisition or abandonment of secured property., oancellation of debt, contributions to an Individual retirement arrangement (IRA), and generally, pdyments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN.. Boo the Instructions on page 4. I Signature of Her H®r0 U.S. person ` 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 ldentifloat.lon 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 alien), 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 anyy partnership Income from a U.S. trade or business Is not subjectto the withholding tax on foreign partners' share of effectively connected Income, Note. It 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. 06finition of a U.S. person. For federal tax purposes, you are considered a U,S. person if you;ar.s: ♦ An Individual who is a U.S.:cltizen or U.S, resident alien, a A. partnership, corppdration, company, or assoolation, 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). Special rules for partnerships. Partnerships. that conduct a trade or business In the United States are generally required to pay a withholding tax on any forelgn.partners' share of Income from such business. Further, In certain cases where a Form W-9 has not been received, a partnership Is required to presume that at partner is ei foreign person, and pay the withholding tax. Therefore. If you are a U.S, person that is a partner In a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid withholding on your share of partnership income, The person.who gives Form W-9 to the partnership for purposes of .establishing Its U.S. status and avoiding withholding on Its allobable share o net Income from the partnershlp conducting a trade or business In the United States Is in the following cases: a The U.S, owner of a disregarded entity and not the entity, Cat. No. 10231X Form gni-9 (Rev, 10-2007) Kay Ukes `�rom: 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 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.dlr.ca.gov/das/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 MAILING ADDRESS- NUMBER & STREET, CITY, ZIP CODE 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 OF EXPECTED OR ACTUAL START OF PROJECT 3/27/17 NAME & ADDRESS OF PUBLIC AGENCY AWARDING CONTRACT ESTIMATED NUMBER OF JOURNEYMEN HOURS TOWN OF LOS ALTOS HILLS 10 26379 FREMONT RD OCCUPATION OF APPRENTICE Pkg & Hwy (Striper -Laborer) LOS ALTOS HILLS, CA, 94022 THIS FORM IS BEING SENT TO: (NAME & ADDRESS OF APPRENTICESHIP PROGRAM(S)) ESTIMATED NUMBER OF APPRENTICE HOURS NORTHERN CALIFORNIA LABORERS 2 1001 W ESTS I D E DR APPROXIMATE DATES TO BE EMPLOYED SAN RAMON, CA 94583 3/27/17 to 3/27/18 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 1. Fx-1 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. F—] We will comply with the standards of Apprenticeship Committee for the duration of this job only. Enter name of the Committee 3. 7 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 AGUILAR Title CONTRACT ADMINISTRATOR State of California - Department of Industrial Relations DIVISION DAS 140 (REV, 1/04) OF APPRENTICESHIP STANDARDS