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HomeMy WebLinkAboutDryvo Construction, Inc. tat AGREEMENT h Apr;AGREEMENT is made and entered into on the/ day of Apr; I , 2016 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Dryco Construction, 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: 1) Furnish and install approximately 150 LF of new plastic slats for existing chain link fence. 2) Fabricate and install one new 5' wide high swing gate with slats. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated fthertrzteri, 2016 3. TERMS. The s rvices and/or materials furnished under this Agreement shall commence 4/2i//E and shall be completed by 57,3///4 , unless 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 four thousand six hundred fifty dollars and zero cents ($4,650.00) 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. Ix 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 Shod form Updated 4/23110 ‘a.lr 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. H. 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 Shad form updated 4/23/10 kee '✓ 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 raw Updated 4123110 '.r 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: / Richard Chiu / Public Works Director / Town of Los Altos Hills By: Jif -/ - 0/Le, 26379 Fremont Road /signature Date Los Altos Hills, CA 94022 atCM i3tt-3&r (<00. 1 Print name, Title TOWN OF LOS e Tf' HILLS: By: .jai �A.r4 LI 7R, arl Cahill, City anager D-.e Town of Los Altos Hills Page 4 of 4 Shan font, Updaled 4023110 ASPHALT PAVING • CONCRE1 _`COURTS • FENCE & IRON • GRA QL7 • SEALCOATING • STRIPING PROPOSAL CONTRACT EEsteCode: LAFI-Maint Yard(NC) L1 Proposal#: 80901 Job#: 1416-1656 . Customer: Los Altos Hills Job Site: Los Altos Hills Maint.Yard 26379 Fremont Road 27400 Purissima Road Los Altos Hills,CA 94022 Los ALtos Hills,CA 94022 Attn: Richard Chiu Job Contact: Richard Chiu Bus: (650)947-2516 Bus: (650)947-2516 DRYCO Mob: Mob: Email: rchiu@losaltoshills.ca.gov Email: rchiu@losaltoshills.ca.gov Construction, Inc. Fax: (650)941-3160 Fax: (650)941-3160 Quantity Description Unit Cost Total DRYCO will complete the specified work at the above job address as follows: LS New Fence Slats: LS $4,650 Furnish and install approx. 150 LF of new plastic slats for existing chain link fence. Fabricate and install one new 5 wide by 6'high swing gate. Gate to have slats also. Colors to be determined. Lead time is 10 working days. DRYCO'sReAuthorized /, / ALS Representative: ��,F/{' ORYCO proposes to complete the above work for the sum of c„4/.(71.,,Alan Dal Esti $4'6527 Note_This proposal may be withdrawn if not accepted within 30 days Date: Customer Signature: Los Altos Hills Payment Terms: DUE UPON RECEIPT OF INVOICE Acceptance of Proposal: The above prices,specifications,and conditions are satisfactory and hereby accepted. DRYCO is authorized to do the work as specified.By signing this proposal,you are agreeing to our terms&conditions. 42745 Boscell Rd.Fremont,CA 94538 CA License #A540379 4250 E.Mariposa Rd.Stockton,CA 95215 500-378-2177 209-323-5780 Page 1 of 1 it Form W-9 Request for Taxpayer Give Form to the (Rev.December2014) requester.Do not Department of the Treasury Identification Number and Certification send to the IRS. Internal Revenue Service 1 Name(as shown on your Income tax return).Name is required on this line;do not leave this line blank. DRYCO CONSTRUCTION, INC. x Business name/disregarded entity name,if different from above ta 3 Check appropriate box for federal tax classification;check only one of the following seven boxes: 4 Exemptions(codes apply only to o 0 IndividuaVsole proprietor or 0 C Corporation 0 S Corporation 0 Partnership ❑ Trustiestate Instructions onertain '"ot inN,duals:see m c single-member LLC page 3): Exempt payee code if any) g• 0 Limited(lability company.Enter the tax classification(C=C corporation,5=5 corporaton,P=partnership)e `o Note.For a single-member LLC that Is disregarded,do not check LLC;check the appropriate box In the line above for Exemption from FATCA reporting «E the tax classification of the single-member owner, code(if any) .=0 0 Other(see instructions)a iMw••to accounts man:t. pulpsw, the tial Ey 5 Address(number,street,and apt,or suite no.) Requester's name and address(optional) 5 42745 BOSCELL ROAD W B City,state,and ZIP code FREMONT, CA 94538 7 List account number(s)here(optional) LEM 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 Part I instructions on page 3.For other - - entities,it Is your employer identification number(SIN).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 Instructions for line 1 and the chart on page 4 for Employer identification number guidelines on whose number to enter, 9 4 - 3 0 6 7 8 5 1 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 o • 'tem 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 interes -n• dividends on your tax return.For real estate transactions,item 2 does not apply.For mortgage Interest paid,acquisition or abandonment • s'•ured property,cancellation of debt,contributions to an Individual retirement arrangement(IRA),and generally,payments other than interest a •d' Bends,you are not requir to sign the certification,but you must provide your correct TIN.See the instructions on page 3. Sign Signature of A /' Here us.personof C(/// Dote. ///Z.--0/0 General Instru ens. •Form 1098(home mortgage interesh,1098-E(student loan 1098-T (tuition) Section references are to the Internal Revenue Code unless otherwise noted. •Form 1099-C(canceled debt) Future developments.Information about developments affecting Form W-9(such •Form 1099-A(acquisition or abandonment of secured properly) as legislation enacted after we release it)'is at www.irs gov/fw9. Use Form W-9 only if you are a U.S.person(including a resident alien),to Purpose of Form provide your correct TIN. An individual or entity(Form W-9 requester)who is required to file an information If you do not return Form W-9 to the requester with a TIN,you might be subject return wfth the IRS must obtain your correct taxpayer identification number(TIN) to backup withholding.See What is backup withholding?on page 2. which may be your social security number(SSN).Individual taxpayer identification By signing the filled-out form,you: number(rnN.adoption taxpayer identification number(ATIN),or employer 1.Certify that the TIN you are giving is correct(or you are waiting for a number identification number FIN),to report on an Information return the amount paid to to be issued), you,or other amount reportable on an information return.Examples of information returns inclode.but are not limited to,the following: 2,Certify that you are not subject to backup withholding,or •Form 1099-INT(interest earned or paid) 3.Claim exemption from backup withholding if you are a U.S.exempt payee.II •Form 1099-DIV(dividens,including those from stocks or mutual funds) 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 •Form 1099-MISC(various types of income,prizes,awards,or gross proceeds) withholding tax on foreign partners'share of effectively connected income,and •Form 1099-B(stock ormutual fund sales and certain other transactions by 4.Certify that FATCA codes)entered on this form(if any)indicating that you are brokers) exempt from the FATCA reporting,is correct See What is FATCA reporting?on •Form 1099-S(proceeds from real estate transactions) page 2 for further information. •Form 1099-K(merchant card and third party network transactions) Cat.No.10231X Form W-9(Rev.12-2014) • �® CERTWCATEOFLIABILITY INSURSCE 4/DTEI sDWYY) 4/20 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 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). PRODUCER NAMECT Charlene Reynolds PenlaRisk Insurance Services, LLC PHONE 408-418-2741 FAX me 408-418-2721 CA License No.0047886 �:MAIi P^' 2033 Gateway Place,Suite 150 ADDRESS'Creynolds@pentarisk.com San Jose CA 95110 INSURER(S).AFFORDING COVERAGE NAICit INSURER A:Old Republic General Insurance Corp 24139 INSURED 650 INSURER B:Great American Insurance Company 16691 DRYCO Construction, Inc. INSURERC: 42745 Boscell Road INSURER o: Fremont CA 94538 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER: 1158636799 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. / ADDISUBR POLICY EFF POLICY EV XP TYPE OF INSURANCE 11150 VIVO POLICY NUMBER IMMIDD//YWI IMMNDIYYYY1 LIMITS A x COMMERCIAL GENERAL LIABILITY A1CG49101512 9/30/2015 9(30/2016 EACH OCCURRENCE $1,000.000 DAMAGE TO CLAIMS-MADE X OCCUR PREMISES Ma occcu ence) $100,000 _ MED EXP Any one person) $5,000 PERSONAL S ADV INJURY $1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER'. GENERAL AGGREGATE $2,000.000 —1 POLICY X ;EQ LOC PRODUCTS-COMP/OP AGO 52,000.000 OTHER: $ A AUTOMOBILE LIABILITY A1CA49101512 9/30/2015 9/30/2016 COMBINED SINGLE LIMIT $ (Ea accident) 1.000.000 X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED —SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE 5 AUTOS (Per accident) 5 B X UMBRELLA HAS X OCCUR TUu4001962-02 9/302015 9/30/2016 EACH OCCURRENCE $5.000.000 EXCESS LIAR CLAIMS-MADE AGGREGATE 55.000.000 DED % RETENTION$10.000 $ A WORKERS COMPENSATION A1CW49101513 10/12015 10112016 X PER OTR AND EMPLOYERS'Loath" YIN GTATVTE ER _ ANY OFFICEOPRIETER EXCLUDED?ECUTIVE ❑ NIA EL EACH ACCIDENT $1.000.000 (Mandatary In NH) E.L.DISEASE-EA EMPLOYEE $1.000,000 If ydescribe under DESCRIPTION OF OPERATIONS below EL.DISEASE.POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additional Remarks Schedule.may be attached If mere apace le required) RE:DCI job#1416-1656 Los Altos Hills Maintenance Yard, 27400 Purissima Road, Los Altos Hills CA 94022 The Town of Los Altos Hills, its elective and appointed officers,employees and volunteers are added as additional insureds as required by written contract for General Liability, per attached. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Los Altos Hills ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road Los Altos Hills CA 94022 AUTHORIZED REPRESENTATWE ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD fir+ V • POLICY NUMBER: A1CG49101512 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Where required by written contract, but only when coverage for Completed Operations is specifically required by that contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and 1. Required bythe contract or agreement; or included in the "products-completed operationsq 9 hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 ©Insurance Services Office, Inc., 2012 Page 1 of 1 4.0 iso POLICY NUMBER: AICG49101512 COMMERCIAL GENERAL LIABILITY CG 20 10 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s)Of Covered Operations WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for "bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" "property damage"occurring after: caused, in whole or in part, by: 1. Your acts or omissions; or 1. All work, including materials, parts or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 V V C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 © Insurance Services Office, Inc., 2012 CG 20 10 0413