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HomeMy WebLinkAboutChrisp Company (7)IA. 3115 AGREEMENT THIS AGREEMENT is made and entered into on the 3l -day of 0 cfa , e r , 2013 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) Remove approximately 100' of double yellow centerline and replace it with approximately 100' of Caltrans Detail 4. 2) Contractor shall meet with John Chau to go over the exact location prior to removal and installation of striping.. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 10/24/2013 3. TERMS. The services and/or materials furnished under this Agreement shall commence 11/11/2013 and shall be completed by 11/15/2013, 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 three hundred fifty dollars and zero cents ($2,350.00) 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 Updatod 4123110 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.: 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. 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 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 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 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: Richard Chiu Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 CONTRACTOR: By:OC&ADCkn Signature 0hNV L> MORR—.5 Print name, Title Date UIQ or- BUSZOES-5 TOWN OF LOS ALTOS HILLS: By: LY 20. V-22013 Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short form Updalad 4/23/10 Ch)alj an* 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. DESCRIPTION 1 Remove approximately 100' of double yellow 1 LS 2350.000 $2,350.00 centerline and replace it with 100' of Caltrans Detail 4 Subtotal $2,350.00 i 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 $2,350.00 Bond Rate Addendu 1.5% QUOTE PREPARED BY Danny Azcueta (650) 224-1115 dazcueta@chrispco.com CHRISP COMPANY Contractors License No. 374600 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Union Contractor / No minority Status Current Date: 10/24/2013 BidDate: 10/24/2013 JobName: SUNHILLS DRIVE Location: LOS ALTOS HILLS Bid#: 21329 0 Contract#: Job#: Working Days: Liquidated Damages QUANTITY UNIT UNIT PRICE TOTAL 1 Remove approximately 100' of double yellow 1 LS 2350.000 $2,350.00 centerline and replace it with 100' of Caltrans Detail 4 Subtotal $2,350.00 i 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 $2,350.00 Bond Rate Addendu 1.5% QUOTE PREPARED BY Danny Azcueta (650) 224-1115 dazcueta@chrispco.com CHRISP COMPANY ehyij p Fremont Office 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation Contractors License No. 374600 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 October 24, 2013 for the following project SUN DILLS DRIVE • NO RETENTION TO BE TAKEN • 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 • 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: Seal Coat • EXCLUDE: Removal of Concrete Curing Material prior to PAINT / THERMOPLASTIC / PAVEMENT MARKER • 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: Construction Area Signs • 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 performing removal work 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 and Orientation (To be paid at time and material Cal -Trans rates) • 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. • EXCLUDE: Lead Compliance Plan Page 2 of 2 Form m 88 Request for Taxpayer Give form to the (Rev. October 200007) Identification Number and Certification requester. Do not Dopartmont of tho Treasury send to the IRS. Internal Revenue &oNoe Name (as shown on your Income tax return) N Q) Buslno w name, If.different from above C m o Check appropriate box: ElIndividual/Sole.propdetor ElCorporation ElPartnership ❑ Limited liability company, Enter the tax classification (0=disregarded entity, C=corporation, P=partnershlp) 6 _______ Exempt ❑payee o ❑ other (see instruo0ons) /� Address (number, street, and apt. or suite no.) Requester's.name G and address (optional) �.w Town of Los Altos Hills City, state, and ZIP code 26379 Fremont Road $i Los Altos Hills, CA 94022 List account number(s) here (oplional) Taxpayor Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid soolal.security number backt.lp withholding. For Individuals, this is your social security number (SSN). However, for resident 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 Now to got 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 Identification number number to enter. 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 ISSLIed to me), and 2. 1 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 falure o report all Interest or dividends, or (c) the IRS has notified roe that I am no longer subject to.backup withholding, and 3. 1 am a U.S. citizen or other .U.S. person (defined below). Certification IllstrUe11erl3, 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 genets ly, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct k , S?e t (a )nstructigns on page 4, Sign 1,gn I`j@re U.S. parson Date P t 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 alien), to .provide your correct TIN to the person requesting R (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be Issued), 2. Certify that you are not subject to backup withholding, or 3. Clalm 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 income 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 tine requester's form if R is substantletlly similar to this Form W-9. y y, Cat. No. 10231X Form -9 (Rev. 10-2007) Definition of a U.S. person. For federal tax purposes, you are considered a U.S. person if you are: a An individual who is a U.S. citizen or U.S. resident alien, v A.partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, d An estate (other than a foreign estate),. or o 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.gonerally required to pay a withholding tax on any foreign 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 a partner Is -a 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 Stales, 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 allocable share of not 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 entit and not the entlt a', -4.,.T4;U-\\.g`�... •v!�?t;L�CA fi!car.:Ja';�v!.nv!`::vy/_caS!ca.!z:v::\C.�CSrA�...- .-�':..'rs�s',. \ .'•�'.b3 �S;R :��:va'.S:v!: fli3�.8.�. State of California County of Alameda on 10/28/13 before me, Kay Ukes - Notary Public Date Here Insert ame an Title o t e O 1 cer ' personally appeared David L Morris ame($) of Signer($) �IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIillllllrl KAY LIKES COMM. # 1917650 _ W NOTARY PUBLIC - CALIFORNIA y ALAMEDA COUNTY �numm�lllllnlm°0°01 My Comm. nuu. xp. Dec. i8, 20141ig 1 Place Notary Seal Above who proved to me on the basis of satisfactory evidence to be the person() whose name($) is/ra subscribed to the within instrument and acknowledged to me that he/sioftf-y executed the same in his/her4heir authorized capacity(ies), and that byy hislitoWtheif signature(i) on the instrument the person(), or the entity upon behalf of which the person(d) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS rhy hand atsld official seal. Signature OPTIONAL Though the Information below Is not required by faw, It may prove valuable to persons relying on the document and could prevent fraudulent removal and reattachment of this form to another document. Description of Attached Document Title or Type of Document: Document pate: Signer(s) Other Than Named Above: Capacity(les) Claimed by Signer(s) Signer's Name: 0 Individual 0 Corporate Officer —Title(s), 0 Partner -- 0 Limited 0 General 0 Attorney In Fact 0 Trustee 0 Guardian or Conservator 0 Other: Signer Is Representing: RIGHTTHUWPOINT, :MOF. 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