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HomeMy WebLinkAboutGCAP Services, Inc. 04.23.2026AGREEMENT THIS AGREEMENT is made and entered into on the day of I"�2026 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referre to as "TOWN") and GCAP Services, 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: Labor Compliance Services for the Annual Street Resurfacing Projecct. 2. EXHIBITS. The following exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated April 21, 2026 3. TERMS. The services and/or materials furnished under this Agreement shall commence May 4, 2026 and shall be completed by December 31, 2026, 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 Five thousand dollars and zero cents ($5,000.00) 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 4/26/22 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 Page 2 of 4 Short form Updated 4/26/22 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 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 the 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 Town of Los Altos Hills Page 3 of 4 Short form Updated 4/26/22 for said transfer of copyright. CONTRACTOR retains the right to use any project records, documents, and materials for marketing of their professional services. h. CONTRACT ADMINISTRATION. The TOWN hereby designates John Chau, Project Manager and the City Manager as Contract Administrator for this agreement. The CONTRACTOR shall only take direction regarding the services provided under this Agreement from the Contract Administrator. Furthermore, CONTRACTOR agrees that the Contract Administrator shall be included any meeting, teleconference, or written communication between any Town representative, including Committee members, and the CONTRACTOR. The TOWN may modify the Contract Administrator at any time upon providing written notice to the CONTRACTOR. i. 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 on the day and year first written above. CONTRACT COORDINATOR and representative for TOWN: John Chau Project Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4/26/22 CONTRACTOR: .� By: Signature Date Sylvia Linn, Vice President TOWN OF LOS ALTOS HILLS: By: =� �I123/26 o y na Dae Acting City Manager Page 4 of 4 GICAP S E R V I C E S Cover Letter April 21, 2026 John Chau, Project Manager Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Business Solutions, Implemented. RE: Quote for Labor Compliance Services for the Annual Street Resurfacing Project Dear Mr. Chau: Thank you for the opportunity to provide the Town of Los Altos Hills (Town) with a quote for Labor Compliance Services for the Annual Street Resurfacing Project. Founded in 1997, GCAP Services, Inc. (GCAP) is a California-based corporation with over twenty-eight (28) years of experience providing comprehensive labor compliance services. Since GCAP's founding, our team has delivered over 400 high- quality consulting engagements to federal, state, county, and local government agencies, boasting a strong track record of completing projects on time, within budget, and exceeding clients' needs. Our team works in highly regulated industries and ensures systems, procedures, and practices comply with Federal, State, and Local regulatory requirements. Our portfolio of projects includes Federal CDBG Section 3, Section 8 Housing Title IV compliance, and other Davis -Bacon related requirements. GCAP has assisted the City of Anaheim, City of EI Monte, City of Arcadia, City of Pomona, and more with CDBG labor compliance services. For this engagement, GCAP will be utilizing James A. Cardenas, of J.A.C. Consulting Services, Inc. (JAC) as a subconsultant to perform jobsite visits. JAC is a consulting firm in Northern California dedicated to providing solutions in the construction industry. GCAP will perform all other services which include conducting the pre -construction meeting, reviewing certified payroll reports (CPRS), invoicing, and additional tasks required to achieve compliance with California/DIR labor compliance requirements. I, Ms. Sylvia Linn, Vice President of GCAP, will serve as the primary point of contact for GCAP and will have contractual responsibility to the Town. Please see the signature and footer below for my contact information which can be used to contact me for any needed clarification. We are committed to ensuring prevailing wage compliance for the Town. Thank you for the opportunity to bid on the Annual Street Resurfacing project. Sincerely, Sylvia Linn, Vice President E: Blinn@gcapservices.com Town of Los Altos Hills Labor Compliance Services for the Annual Street Resurfacing Project Pricing Please see GCAP's proposed pricing below which includes all labor costs. Our pricing is based upon the following assumptions: • Construction Cost: $1,103,935.44 • Duration: 3 months (including closeout) • Number of Contractors: 1 prime and 3 subcontractors # DescriptionTask Project Management $1,085.00 1 Overall project management, coordination, and QA of deliverables. Develop detailed project schedules. $380.00 Lead and coordinate monthly project meetings $420.00 Monthly project progress reports $285.00 2 Pre -Construction Phase Tasks $390.00 Conduct pre -construction conference $295.00 Verify federal apprentice registration $95.00 3 Construction Phase Tasks $2,303.00 Collect, review, and audit certified payroll. Respond to contractor questions regarding regulatory requirements and providegeneral guidance. $570.00 Verify apprentice registration and monitor apprentice -to -journeyman ratios $95.00 Conduct site visits and jobsite interviews $1,308.00 Follow up with contractors regarding deficiencies $95.00 Provide recommendations for withholding as needed (includes draft underpayment spreadsheets). $235.00 4 Project Closeout $510.00 Collect and review outstanding contractor documents, and resolve compliance issues (as required). $190.00 Prepare and submit final compliance report. Report to DIR. Prepare closeout project file for submission to Las Altos Hills. $95.00 Closeout meeting (as needed). $225.00 Total 00 Mileage:. $145.00 $4,433.00