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15-135 Chrisp Company, replacement of metal beam guard and work per revised quote No. 25782\ AGREEMENT BETWEEN THE CITY OF CUPERTINO AND Chrisp Company for the replacement of metal beam guard rail and associated work referred to in revised quote No. 25782 items 1, lA, lB, 3, 3A and 3B in CUPERTINO, CA. THIS AGREEMENT, for reference dated July 27, 2015 is by and between CITY OF CUPERTINO, a municipal corporation (hereinafter referred to as "City"), and Chrisp Company a California corporation whose address is 43650 Osgood Rd., Fremont, CA. 94539 hereinafter called the Contractor, and is made with reference to the following: RECITALS: A. City is a municipal corporation duly organized and validly existing under the laws of the State of California with the power to carry on its business as it is now being conducted under the Constitution and the statutes of the State of California and the Cupe1iino Municipal Code. B. City and Contractor desire to enter into an agreement for the replacement of 419 LF of metal beam guard rail and associated work as referenced in Revised Quote No. 25782 items 1, lA, lB, Prospect Rd. @Parker Ranch Rd. Items 3, 3A and 3B, Prospect Rd. @ Stauffer Ln. NOW, THEREFORE, it is mutually agreed by and between the undersigned parties as follows: 1. TERM: The Contractor shall begin work within thirty (30) calendar days after receiving notice from the Street Dept. Supervisor to commence the work, and shall diligently prosecute the work to completion before the expiration of thirty (30) consecutive working days from the date of receipt of notice to begin work. 2. SERVICES TO BE PERFORMED: Contractor agrees, at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, and to do all work strictly in accordance with the proposal dated Dec. 16, 2014 hereby referred to and expressly made a part hereof with the same force and effect as if the same were fully incorporated herein. 3. COMPENSATION TO CONTRACTOR: Contractor shall be compensated for services performed pursuant to this Agreement in the amount and manner set forth in Contractor's proposal, which is attached hereto as Exhibit "A" and incorporated herein by this reference. Payment will be made in the same manner that claims of a like character are paid by the City, with checks drawn on the treasury of the City, to be taken 1 /C.5Cc99 from the general fund. 4. TIME IS OF THE ESSENCE: Contractor and City agree that time is of the essence regarding the performance of this Agreement. 5. STANDARD OF CARE: Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City nor have any contractual relationship with City. 6. INDEPENDENT PARTIES: City and Contractor intend that the relationship between them created by this Agreement is that of employer-independent contractor. The manner and means of conducting the work are under the control of Contractor, except to the extent they are limited by statute, rule or regulation and the express terms of this Agreement. No civil service status or other right of employment will be acquired by virtue of Contractor's services. None of the benefits provided by City to its employees, including but not limited to unemployment insurance, workers' compensation plans, vacation and sick leave are available from City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any fees due Contractor. Payments of the above items, if required, are the responsibility of Contractor. 7. IMMIGRATION REFORM AND CONTROL ACT (IRCA): Contractor assumes any and all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal or state rules and regulations. Contractor shall indemnify and hold City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor. 8. NON-DISCRIMINATION: Consistent with City's policy that harassment and discrimination are unacceptable employer/employee conduct, Contractor agrees that harassment or discrimination directed toward a job applicant, a City employee, or a citizen by Contractor or Contractor's employee on the basis of race, religious creed, color, national origin, ancestry, handicap, disability, marital status, pregnancy, sex, age, or sexual orientation will not be tolerated. Contractor agrees that any and all violations of this provision shall constitute a material breach of this Agreement. 9. HOLD HARMLESS: Contractor shall, to the fullest extent allowed by law, indemnify, defend, and hold harmless the City and its officers, officials, agents, employees and volunteers against any 2 and all liability, claims, stop notices, actions, causes of action or demands whatsoever from and against any of them, including any injury to or death of any person or damage to property or other liability of any nature, arising out of, pertaining to, or related to the performance of this Agreement by Contractor or Contractor's employees, officers, officials, agents or independent contractors. Contractor shall not be obligated under this Agreement to indemnify City to the extent that the damage is caused by the sole negligence or willful misconduct of City, its agents or employees. Such costs and expenses shall include reasonable attorneys' fees of counsel of City's choice, expert fees and all other costs and fees of litigation. Contractor agrees to obtain executed indemnity agreements with provisions identical to those set forth here in these sections from each and every subcontractor or any other person or entity involved by, for, with, or on behalf of Contractor in the performance of this agreement. If Contractor fails to obtain such indemnity obligations from others as required here, Contractor agrees to be fully responsible according to the terms of this section. 10. INSURANCE: On or before the commencement of the terms of this Agreement, Contractor shall furnish City with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with paragraphs 1 OA, B, C and D. Such certificates, which do not limit Contractor's indemnification, shall also contain substantially the following statement: "Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall · provide-thirty-(30)-daysLadvance-written-notiee-to-the-eity-of··Cupertino-by-cert1fied-mail-, ---·---· "Attention: Chris Mertens." It is agreed that Contractor shall maintain in force at all times during the performance of this Agreement all appropriate coverage of insurance required by this Agreement with an insurance company that is acceptable to City and licensed to do insurance business in the State of California. Endorsements naming the City as additional insured shall be submitted with the insurance certificates. A. COVERAGE: Contractor shall maintain the following insurance coverage: (1) Workers' Compensation: Statutory coverage as required by the State of California. (2) Liability: Commercial general liability coverage in the following minimum limits: Bodily Injury: $1,000,000 Property Damage: each occurrence $2,000,000 aggregate -all other $500,000 each occurrence $1,000,000 aggregate 3 If submitted, combined single limit policy with aggregate limits in the amounts of $2,000,000 will be considered equivalent to the required minimum limits shown above . (3) Automotive: Comprehensive automobile liability coverage in the following minimum limits: Bodily injury: $500,000 each occurrence Property Damage: $500,000 each occurrence or Combined Single Limit: $1,000,000 each occurrence B. SUBROGATION W AIYER: Contractor agrees that in the event of loss due to any of the perils for which it has agreed to provide comprehensive general and automotive liability insurance, Contractor shall look solely to its insurance for recovery. Contractor hereby grants to City, on behalf of any insurer providing comprehensive general and automotive liability insurance to either Contractor or City with respect to the services of Contractor herein, a waiver of any right to subrogation which any such insurer of said Contractor may acquire against City by virtue of the payment of any loss under such insurance. C. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, City shall be permitted to obtain such insurance in the Contractor's name or as an agent of the Contractor and shall be compensated by the Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid. D. ADDITIONAL INSURED: -----------Gity,-its Gity-Gouncil,-boards-and-commissions,-officers,-employees,-and-volunteers-shall------------- be named as an additional insured under all insurance coverage's, except worker's compensation insurance. The naming of an additional insured shall not affect any recovery to which such additional insured would be entitled under this policy if not named as such additional insured. An additional insured named herein shall not be held liable for any premium, deductible portion of any loss, or expense of any nature on this policy or any extension thereof. Any other insurance held by an additional insured shall not be required to contribute anything toward any loss or expense covered by the insurance provided by this policy. E. SUFFICIENCY OF INSURANCE: The insurance limits required by City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor's insurance broker to determine adequate coverage for Contractor. 11. BONDS: Contractor is not required to provide bonds. 12. PROHIBITION AGAINST TRANSFERS: Contractor shall not assign, sublease, hypothecate, or transfer this Agreement, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written 4 consent of City. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for money by Contractor from City under this Agreement may be assigned to a bank, trust company or other financial institution without prior written consent. Written notice of such assignment shall be promptly furnished to City by Contractor. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor, or of the interest of any general partner or joint venturer or syndicate member or cotenant, if Contractor is a partnership or joint venture or syndicate or cotenancy, which shall result in changing the control of Contractor, shall be construed as an assignment of this Agreement. Control means fifty percent (50%) or more of the voting power of the corporation. 13. SUBCONTRACTOR APPROVAL: Unless prior written consent from City is obtained, only those people and subcontractors whose names are listed in Contractor's bid shall be used in the performance of this Agreement. Requests for additional subcontracting shall be submitted in writing, describing the scope of work to be subcontracted and the name of the proposed subcontractor. Such request shall set forth the total price or hourly rates used in preparing estimated costs for the subcontractor's services. Approval of the subcontractor may, at the option of City, be issued in the form of a Work Order. In the event that Contractor employs subcontractors, such subcontractors shall be required to furnish proof of workers' compensation insurance and shall also be required to carry general and automobile liability insurance in reasonable conformity to the insurance carried by Contractor. In addition, any work or services subcontracted hereunder shall be subject to each -----provisi0n-0f'-thi-s-Agreement. 14. PERMITS AND LICENSES: Contractor, at its sole expense, shall obtain and maintain during the term of this Agreement, all appropriate permits, certificates and licenses, including a City Business License, that may be required in connection with the performance of services hereunder. 15. REPORTS: Each and every report, draft, work product, map, record and other document reproduced, prepared or caused to be prepared by Contra~tor pursuant to or in connection with this Agreement shall be the exclusive property of City. Consultant may retain a copy of any report furnished to the City pursuant to this Agreement. No report, information nor other data given to or prepared or assembled by Contractor pursuant to this Agreement shall be made available to any individual or organization by Contractor without prior approval by City. Contractor shall, at such time and in such form as City may require, furnish reports concerning the status of services required under this Agreement. 5 16. RECORDS: Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to such books and records to the representatives of City or its designees at all proper times, and gives City the right to examine and audit same, and to make transcripts there from as necessary, and to allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained for a period of three (3) years after receipt of final payment. If supplemental examination or audit of the records is necessary due to concerns raised by City's preliminary examination or audit of records, and the City's supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of contract or failure to act in good faith, then Contractor shall reimburse City for all reasonable costs and expenses associated with the supplemental examination or audit. 17. NOTICES: All notices, demands, requests or approvals to be given under this Agreement shall be given in writing and conclusively shall be deemed served when delivered personally or on the second business day after the deposit thereof in the United States Mail, postage prepaid, registered or certified, addressed as hereinafter provided. All notices, demands, requests, or approvals from Contractor to City shall be addressed to -City at: --------------------------- City of Cupertino 10555 Mary Avenue Cupertino CA 95014 Attention: Brad Alexander All notices, demands, requests, or approvals from City to Contractor shall be addressed to Contractor at: 43650 Osgood Rd. Fremont, Ca. 94539 Attn: Dave Morris 18. URBAN RUNOFF MANAGEMENT: The Contractor shall avoid creating excess dust when breaking asphalt or concrete and during excavation and grading. If water is used for dust control, contractor shall use as little as necessary. Contractor shall take all steps necessary to keep wash water out of the streets, gutters and storm drains. The Contractor shall develop and implement erosion and sediment control to prevent pollution of storm drains. Such control includes but is not limited to: 6 A. Use storm drain inlet protection devices such as sand bag barriers, filter fabric fences, block and gravel filters. (Block storm drain inlets prior to the start of the rainy season (October 15), in site de-watering activities and saw-cutting activities; shovel or vacuum saw-cut slurry and remove from the site). B. Cover exposed piles of soil or construction material with plastic sheeting. All construction materials must be stored in containers. C. Sweep and remove all materials from paved surfaces that drain to streets, gutters and storm drains prior to rain as well as at the end of the each work day. At the completion of the project, the street shall be washed and the wash water shall be collected and disposed of offsite in an appropriate location. D. After breaking old pavement, Contractor shall remove all debris to avoid contact with rainfall or runoff. E. Contractor shall maintain a clean work area by removing trash, litter, and debris at the end of each work day. Contractor shall also clean up any leaks, drips, and other spills as they occur. The objective is to ensure that the City and County of Santa Clara County-Wide Clean Water Program is adequately enforced. These controls should be implemented prior to the start of construction, up-graded as required, maintained during construction phases to provide adequate protection, and removed at the end of construction. These recommendations are intended to be used in conjunction with the States Best Management Practices Municipal and Construction Handbooks, local program guidance materials from municipalities, Section 7.1.01 of the Standard Specifications and any other appropriate documents on storm water quality controls for construction. Failure to comply with this program will result in the issuance of noncompliance notices, citations, project stop orders or fines. The fine for noncompliance of the above program is two hundred and fifty dollars ($250.00) per occurrence per day. The State under the Federal Clean Water Act can also impose a fine on the contractor, pursuant to Cal. Water Code '13385. 19. TERMINATION: In the event Contractor fails or refuses to perform any of the provisions hereof at the time and in the manner required hereunder, Contractor shall be deemed in default in the performance of this Agreement. If such default is not cured within a period of two (2) days after receipt by Contractor from City of written notice of default, specifying the nature of such default and the steps necessary to cure such default, City may terminate the Agreement forthwith by giving to the Contractor written notice thereof. City shall have the option, at its sole discretion and without cause, of terminating this Agreement by giving seven (7) days' prior written notice to Contractor as provided herein. Upon termination of this Agreement, each party shall pay to the other party that portion of compensation specified in this Agreement that is earned and unpaid prior to the effective date of termination. 20. COMPLIANCES: Contractor shall comply with all laws, state or federal and all ordinances, rules and regulations enacted or issued by City. 7 Prevailing Wage: Consultant shall comply with all applicable requirements set forth in Labor Code section 1770 et seq., including the payment prevailing wages. Consultant will submit monthly certified payroll records to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Consultant. Working hours: Consultant shall comply with California Labor Code Section 1810, et seq. which provides that work performed by employees of consultant in excess of 8 hours per day, and 40 hours during any one week, must be compensated as overtime, at not less than 1 V2 times the basic rate of pay. Consultant shall comply with California Labor Code Section 1777.5 regarding apprentices. Payroll records: Contractor shall comply with California Labor Code Section 1776 which requires certified payroll records be maintained with the name, address, social security number, work classification, straight time and overtime hours worked each day and week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by him or her in connection with this Agreement. The Payroll Records shall be made available for inspection as provided in California Labor Code Section 1776. 21. CONFLICT OF LAW: This Agreement shall be interpreted under, and enforced by the laws of the State of California excepting any choice of law rules which may direct the application of laws of another jurisdiction. The Agreement and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Agreement (or the successors of those authorities.) Any suits brought pursuant to this Agreement shall be filed with the courts of the County of Santa Clara, State of California. 22. ADVERTISEMENT: Contractor shall not post, exhibit, display or allow to be posted, exhibited, displayed any signs, advertising, show bills, lithographs, posters or cards of any kind pertaining to the services performed under this Agreement unless prior written approval has been secured from City to do otherwise. 23. WAIVER: A waiver by City of any breach of any term, covenant, or condition contained herein, shall not be deemed to be a waiver of any subsequent breach of the same or any other term, 8 covenant, or condition contained herein, whether of the same or a different character. 24. INTEGRATED CONTRACT: This Agreement represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Agreement will be effective only by written execution signed by both City and Contractor. 25. SAFETY REQUIREMENT All work performed under this Agreement shall be perfonned in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL-OSHA. City reserves the right to issue restraints or cease and desist orders to Contractor when unsafe or harmful acts or conditions are observed or reported relative to the performance of the work under this Agreement. Contractor shall maintain the work sites free of hazards to persons and/or property resulting from his or her operations. Any hazardous condition noted by Contractor, which is not a result of his or her operations, shall immediately be reported to City. 26. HOURS OF OPERATION Contractor shall be allowed to operate only for the hours of 8:00 a.m. to 4:30 p.m. unless prior written approval has been secured from City to do otherwise. 27. REQUIREMENT TO PAYPREVAILING WAGES Consistent with the City's policy to pay prevailing wage rates, Contractor shall comply with the City's Labor Compliance Program and all other requirements set forth in Labor Code section 1770 et seq. The City shall require payment of the general rate of per diem wages or the general rate of per diem wages for holiday and overtime work. Contractor will submit (monthly or biweekly) certified payroll records ,to the City for all employees and subcontractors in a preapproved format or a City provided form. Any delay in remitting certified payroll reports to the City upon request from the City will result in either delay and/or forfeit of outstanding payment to Contractor. 28. INSERTED PROVISIONS: Each provision and clause required by law to be inserted into the Agreement shall be deemed to be enacted herein, and the Agreement shall be read and enforced as though each were included herein. If through mistake or otherwise, any such provision is not inserted or is not correctly inserted, the Agreement shall be amended to make such insertion on application by either party. 9 29. CAPTIONS: The captions in this Agreement are for convenience only, are not a part of the Agreement and in no way affect, limit or amplify the terms or provisions of this Agreement. IN WITNESS WHEREOF, the parties have caused the Agreement to be executed on the day and year first above written. CONTRACTOR Chrisp Company B6)&,J}f \~ Title David L. Morris, VP of Business Development Date 7/27/15 P.O.: '2.o/h·~ )Lfb CITY OF CUPERTINO A Municipal Corporation ~~ i?vbl •;, 0wW: Date ffi/r3//L" RECQ}'iMEND D FOR APPROVAL: By (.:::>r--.:11. J _ · -V\ - Title ..1..,..k\: t. Vv;:),... lc.c; ')'...., ;:2..,.rJ, So ! I APPROVED AS TO FORM: -1)2--{ri~ ATTEST: <£w~,Q/jt City__ Clerk r-rt--tr Contract Amount: $37,315.00 Account No.: 270-85-821-900-990 11 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 • A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of A la \()1 eel.CJ ) ) On f. ( J. er \ ;t o t S: Date before me, --+-J<;-"<--Ct__.._'=f-_,_-LJ~h~C" ~-------L..L/)......._lt-i-'--".Q'-'-134--'+-_,_~"""i1 .::7=--L /,__,_;-=c_=-- H/;re Insert Name and Title of.+he Officer peraon~~appeared_~-~~-a-·_v~:d_·~~l-~~-··_o_c~r~~~·----~~--~-~­ Name(s) of Signer(s) who proved to me on the basis of satisfactory evidence to be the person{s) whose name(&) is/ar-€l subscribed to the within instrument and acknowledged to me that hefshe/tlrey executed the same in his/herftheir authorized capacity(iest, and that by his,l~eir signature~ on the instrument the person~). or the entity upon behalf of which the person(&)-acted, executed the instrument. Place Notary Sea/ Above I certify under PENAL TY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ~~~~~~~~~~~~~~~OPTIONAL~~~~~~~~~~~~~~~ Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: _______ _ Number of Pages: Signer(s) Other Than Named Above: ____________ _ Capacity(ies) Claimed by Signer(s) Signer's Name: ___________ _ Signer's Name: ___________ _ D Corporate Officer -Title(s): ______ _ D Corporate Officer -Title(s): ______ _ D Partner -D Limited D General D Partner -D Limited D General D Individual D Attorney in Fact D Individual D Attorney in Fact D Trustee D Guardian or Conservator D Trustee D Guardian or Conservator D Other: ______________ _ D Other: ____________ _ Signer Is Representing: ________ _ Signer Is Representing: ________ _ • ©2014 National Notary Association • www.NationalNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 ~p&nfJaJUJ REVISED REVISED Fremont Office 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation TO: CUPERTINO, CITY OF 10300 TORRE AVENUE CUPERTINO Phone: (408) 777-3354 Contact: BRAD ALEXANDER email: brada@cupertino.org Fax: CA ( ) - 95014-0255 ITEM NO. DESCRIPTION 1A 18 2 2A 2B 3 3A 3B 4 PROSPECT ROAD & PARKER RANCH RD REMOVE EXISTING AND INSTALL NEW (241 LF) METAL BEAM GUARDRAIL TO STANDARD MOBILIZATION FOR CHRISP COMPANY WORK TRAFFIC CONTROL FOR CHRISP COMPANY PROSPECT RD & STAUFFER LN REMOVE EXISTING AND INSTALL NEW (414 LF) METAL BEAM GUARDRAIL TO STANDARD MOBILIZATION FOR CHRISP COMPANY WORK TRAFFIC CONTROL FOR CHRISP COMPANY PROSPECT ROAD REMOVE EXISTING AND INSTALL NEW (178 LF) METAL BEAM GUARDRAIL TO STANDARD MOBILIZATION FOR CHRISP COMPANY WORK TRAFFIC CONTROL FOR CHRISP COMPANY ADD OPTION CREDIT IF ALL PROJECTS ARE AUTHORIZED AT SAME TIME FROM MOBILIZATION Page 1 of 3 Contractors License No. 374600 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Union Contractor I No minority Status Current Date: Bid Date: 12/16/2014 12/16/2014 JobName: METAL BEAM GUARDRAIL REPAIR Location: CUPERTINO Bid#: 25782 Contract#: Job#: Working Days: Liquidated Damages QUANTITY UNIT UNIT PRICE 1 LS 1 LS 1 LS Subtotal 1 LS 1 LS 1 LS Subtotal 1 LS 1 LS 1 LS Subtotal -1 LS Subtotal 14650.000 2040.000 5400.000 21325.000 2750.000 7200.000 10275.000 1350.000 3600.000 1700.000 Exhibit A 0 TOTAL $14,650.00 $2,040.00 $5,400.00 $22,090.00 $21,325.00 $2,750.00 $7,200.00 $31,275.00 $10,275.00 $1,350.00 $3,600.00 $15,225.00 ($1,700.00) ($1, 700.00) ef®p &npaltlf Fremont Office 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation REVISED REVISED 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 3 Page 2 of 3 Bond Rate 1.2% Contractors License No. 374600 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Union Contractor I No minority Status TOTAL $66,890.00 Add en du QUOTE PREPARED BY Danny Azcueta (650) 224-1115 dazcueta@chrispco.com CHRISP COMPANY Exhibit A ~p &nfJatUJ Fremont Office 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation REVISED REVISED Contractors License No. 374600 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Union Contractor I No minority Status COMMENTS, EXCLUSIONS, AND STIPULATIONS The following stipulations are hereby incorporated into and made part of the quotation from Chrisp co. dated December 16, 2014 for the following project METAL BEAM GUARDRAIL REPAIR • NO RETENTION TO BE TAKEN ON CONTRACTS LESS THAN $5,000.00 • • 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. • 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: Red-lined As-Built Drawings • After receiving contract 10 working days written notice required prior to scheduling of work • EXCLUDE: Construction Area Signs • 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 markers. • This quotation excludes Primary liability Insurance greater than $2,000,000. • Thi~ quotation excludes all work associated with the project SWPP and WPCP. • 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) • 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 • 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. Page 3 of 3 Exhibit A ACORD® CERTIFICATE OF LIABILITY INSURANCE I DA TE (M M/DD/YYYY) ~· 7/30/2015 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(ies) 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 endorsementlsl. · . PRODUCER CONTACT Certificate Department NAME: Arthur J. Gallagher & Co. f,~~NJn O:v"• 925-299-1112 I Ff,2 Nole 925-953-6270 Insurance Brokers of CA, Inc. LIC #0726293 3697 Mt. Diablo Blvd., Suite 300 ~~~~~~~. CertRequest;Jessica Easterling@ajg.com Lafayette CA 94549 INSURERISl AFFORDING COVERAGE ' NAIC# INSURER A ,Old Republic General Insurance Coro 24139 INSURED INSURER B: Chrisp Company INSURER C: 43650 Osgood Road INSURER D: Fremont, CA 94539 INSURER E: INSURER F: COVERAGES CERTIFICATE NUMBER· 1106521215 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. INSR ADDL 1:sUBR POLICY EFF POLICY EXP LTR TYPE OF INSURANCE INSD WVD POLICY NUMBER IMM/DD/YYYYl IMM/DD/YYYYl LIMITS A x COMMERCIAL GENERAL LIABILITY y y A1CG99131404 12/1/2014 12/1/2015 EACH OCCURRENCE $1,000,000 -.=J CLAIMS-MADE W OCCUR DAMAGE TO R::ONTED -PREMISES IEa occurrence) $50,000 ~ Bl/PD: 10000 MED EXP (Any one person) $5,000 ~ DED/OCC PERSONAL & ADV INJURY $1,000,000 GEN'L AGGREGATE LI MIT APPLIES PER: GENERALAGGREGATE $2,000,000 Fl ~PRO-DLoc PRODUCTS -COMP/OP AGG $2,000,000 POLICY JECT OTHER: $ A AUTOMOBILE LIABILITY y y A1CA99131404 12/1/2014 12/1/2015 i§~~~~~~~tl:SIM;LE LIMIT $1,000,000 ~ x ANY AUTO BODILY INJURY (Per person) $ ~ ALL OWNED ~ SCHEDULED AUTOS AUTOS BODILY INJURY (Per accident) $ -f-----NON-0\"INED FP~?~fc~d~~t~AMAGE x HIRED AUTOS x AUTOS $ -f----- $ UMBRELLA LIAB H OCCUR EACH OCCURRENCE $ - EXCESS LIAB CLAIMS-MADE AGGREGATE $ OED I I RETENTION$ $ A WORKERS COMPENSATION A1CW99131404 12/1/2014 12/1/2015 I PER I I OTH- AND EMPLOYERS' LIABILITY X STATUTE ER Y/N ANY PROPRIETOR/PARTNER/EXECUTIVE D N/A E.L. EACH ACCIDENT $1,000,000 OFFICER/MEMBER EXCLUDED? (Mandatory In NH) E.L. DISEASE -EA EMPLOYEE $1,000,000 If yes. describe under DESCRIPTION OF OPERATIONS below E.L. DISEASE -POLICY LIMIT $1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space Is required) Chrisp Job #: 1 C.5699 I RE: Replacement of Metal Beam Guard Rail and Associated Work, Cupertino, CA. ADDITIONAL INSURED(S): City of Cupertino, its City Council, boards and commissions, officers, employees, and volunteers. CERTIFICATE HOLDER City of Cupertino 10555 Mary Ave Cupertino CA 95014 USA ACORD 25 (2014/01) CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. © 1988-2014 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD POLICY NUMBER AlCG99131404 COMMERCIAL GENERAL LIABILITY CG 2010 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) Where required by written contract. 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 include as an additional insured the person{s) or organization{s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured{s) at the location{s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 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. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. C. With respect to the insurance afforded to these additional insureds, the following is added to Section Ill -Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Raquired by the contract or agreement; or 2. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All terms and conditions apply unless modified by this endorsement. Page 1of1 © Insurance Services Office, Inc., 2012 CG20100413 OLD REPUBLIC GENERAL INSURANCE CORPORATION CHANGES ADDITIONAL INSURED PRIMARY WORDING SCHEDULE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: COMMERCIAL GENERAL LIABILITY COVERAGE FORM Name of Additional Insured Person{s) Or Organization(s): As required by written contract. Location{s) of Covered Operations As required by written contract. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The insurance provided by this endorsement is primary insurance and we will not seek contribution from any other insurance of a like kind available to the person or organization shown in the schedule above unless the other insurance is provided by a contractor other than the person or organization shown in the schedule above for the same operation and job location. If so, we will share with that other insurance by the method described in paragraph 4.c. of Section IV -Commercial General Liability Conditions. All other terms and conditions remain unchanged. Named Insured CHRISP COMPANY Policy Number IA1CG99131404 Endorsement No. - Policy Period 12/1/14 to 12/1/15 Endorsement Effective Date: 12/1/2014 Producer's Name: Arthur J. Gallagher & Co. Insurance Brokers of CA, Inc. Producer Number: License #0726293 CG EN GN 0029 09 06 POLICY NUMBER: A1CG99131404 COMMERCIAL GENERAL LIABILITY CG 24 04 PS 09 WAIVER OF TRANSFER.OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: WHERE REQUIRED BY WRITTEN CONTRACT Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV-Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage_ arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products-completed operations hazard". This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 ©Insurance Services Office, Inc., 2008 Page 1of1 POLICY #:AlCA99131404 COMMERCIAL AUTO CA 20 48 02 99 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM With respect to coverage provided by this endOrsement, the provisions ofthe Coverage Form apply unless modi- fied by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" under the Who Is An Insured Provi- sion of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Endorsement Effective: 12/Ol/2O14 Countersigned By: Named Insured: CHRISP COMPANY (Authorized Representative) SCHEDULE Name of Person(s) or Organization(s): As required by written contract. (If no entry appears above, information required lo complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an "insured" for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. CA 20 48 02 99 Copyright, Insurance Services Office, Inc., 1998 POLICY NUMBER: A1CA99131404 COMMERCIAL AUTO CA 04 44 0310 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US {WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM BUSINESS AUTO PHYSICAL DAMAGE COVERAGE FORM GARAGE COVERAGE FORM MOTOR CARRIER COVERAGE FORM TRUCKERS COVERAGE FORM Named Insured: CHRISP COMPANY Ehdorsement Effective Date: 12/01/2014 Name(s) Of Person(s) Or Organization(s): Where required by written contract. SCHEDULE Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Oth- ers To Us Condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "ac- cident" or the "loss" under a contract with that person or organization .. All terms and conditions of this policy apply unless modified by this endorsement. CA 04 44 0310 © Insurance Services Office, Inc., 2009 Page 1of1 ADDITIONAL REMARKS SCHEDULE AGENCY POLICY NUMBER CARRIER I NAIC CODE . ADDITIONAL REMARKS THIS ADDITIONAL REMARKS FORM IS A SCHEDULE TO ACORD FORM, FORM NUMBER: FORM TITLE: Additional Description of Operations/Remarks from Page 1 Additional Information GENERAL LIABILITY: NAMED INSURED EFFECTIVE DATE: •Additional Insured if required by written contract per attached Form CG20100413 •Coverage is Primary/Non-Contributory if required by written contract per attached CGENGN0029 0906 •Waiver of Subrogation if required by written contract per attached Form CG2404 0509 AUTOMOBILE LIABILITY: •Additional Insured if required by written contract per attached Form CA2048 0299 •Waiver of Subrogation if required by written contract per attached Form CA04440310 WORKERS' COMPENSATION: •Covered States: California, Nevada, Oregon Page of ACORD 101 (2008/01) © 2008 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD