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Chrisp Company - Pavement Striping, Marks and Maintenance Project No. 16-RFP-PW-389 - Amendment No. 1AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND CHRISP COMPANY FOR CONTRACTOR SERVICES DATED NOVEMBER 18T11, 2016 AMENDMENT NO. 1 This Amendment shall become effective when it has been signed by the City Administrator, Department Head, Project Engineer, City Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon ac ce by th , the Contractor's copy will be returned to him as his authoritv to proceed with the wor . This amendment extends the term of Agreement for Servic s between the City of Gilroy and Chrisp Company dated November 18th , 9 to May 29th, 2020. This amendment increases the total not -to -exceed contract amount from $170,000 to $270,000.00 This amendment removes Exhibit D in the original Agreement and replaces it in its entirety with Exhibit D attached to this Amendment. This amendment revises the contract language to include the following: The City may direct the contractor by Field Directive to perform work outside of the payment schedule and rate shown in Exhibit.. These works shall be done based on a negotiated price. If either the amount of work or payment for these works cannot be determined or agreed upon beforehand, the City may direct by written Field Directive that the work be done on a force account basis. Force account payment shall be in accordance to Exhibit E. All requirements of the original Agreement Documents shall apply to the above work except as specifically modified by this Amendment. The contract time shall not extend unless expressly provided for in this Amendment. Chrisp Company hereby agrees to make the above changes subject to the terms of this Amendment for ongoing maintenance services. Contra Cck��� : pCompany. By 1�r�'vti David Morris, Vice President Date AMENDMENT TO THE AGREEMENT FOR SERVICES BETWEEN CITY OF GILROY AND CHRISP COMPANY FOR CONTRACTOR SERVICES DATED NOVEMBER 18", 2016 AMENDMENT NO.1 This Amendment shall become effective when it has been signed by the City Administrator, Department Head, Project Engineer, City Engineer, and Contractor. All copies forwarded to Contractor for signature shall be returned to the City of Gilroy properly filled out. Upon ac ce by th , the Contractor's copy will be returned to him as his authoritv to proceed with the wor , 2616 This amendment extends the term of Agreement for Servic s between the City of Gilroy and Chrisp Company dated November 18th, 9 to May 29th, 2020. This amendment increases the total not -to -exceed contract amount from $170,000 to $270,000.00 This amendment removes Exhibit D in the original Agreement and replaces it in its entirety with Exhibit D attached to this Amendment. This amendment revises the contract language to include the following: The City may direct the contractor by Field Directive to perform work outside of the payment schedule and rate shown in Exhibitk. These works shall be done based on a negotiated price. If either the amount of work or payment for these works cannot be determined or agreed upon beforehand, the City may direct by written Field Directive that the work be done on a force account basis. Force account payment shall be in accordance to Exhibit E. All requirements of the original Agreement Documents shalt apply to the above work except as specifically modified by this Amendment. The contract time shall not extend unless expressly provided for in this Amendment. Chrisp Company hereby agrees to make the above changes subject to the terms of this Amendment for ongoing maintenance services. Contra o • Chrisp Company. By �e �- David Morriss, Vice President Date 11ICI 'A' ACCEPTED: Project Engineer x(��- z� a tment Head City Administrator Approved as to Form: VV/11 Date 1 /t16 Date // b s k Date Gilroy City At y's Office By, City Attorney \ Date Exhibit D n2 � 4"V eo""'Pa'"d' Payment Schedule and Payment Rate Fremont Office 43650 Osgood Rd Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation TO: GILROY, CITY OF 7351 ROSANNA STREET GILROY CA 95020 Phone: (408) 846-0238 Fax: Contact: Nirorn Than email: Nirorn.than@cityofgilroy.org ITEM NO. DESCRIPTION Contractors License No. 374600 DIR Registration No. 1000000306 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Union Contractor / No minority Status Current Date: 2/20/2019 BidDate: 2/20/2019 JobName: Striping, Markers and Object Marker 2019-2020 Location: GILROY Bid#: 31682 0 Contract#: Job#: Working Days: Liquidated Damages QUANTITY UNIT UNIT PRICE 01 Detail 4 LF 0.70 02 Detail 9 LF 1.40 03 Detail 10 LF 1.15 04 Detail 21 LF 2.10 05 Detail 22 LF 3.50 06 Detail 23 LF 3.50 07 Detail 25 LF 1.15 08 Detail 25A LF 1.40 09 Detail 26 LF 0.60 10 Detail 27B LF 1.15 11 Detail 27C LF 1.10 12 Detail 29 LF 6.90 13 Detail 30 LF 4.60 14 Detail 32 LF 3.50 15 Detail 33 LF 3.50 16 Detail 37B LF 3.25 17 Detail 37C LF 3.25 18 Detail 38 LF 3.50 19 Detail 38B LF 3.70 20 Detail 39 LF 1.75 21 Detail 39A LF 1.70 22 Detail 40 LF 2.30 23 Detail 40A LF 2.30 24 Detail 41 LF 2.30 25 12" White or Yellow Crosswalk or Limit Line LF 4.60 26 12" White or Yellow Crosswalk Hatching LF 4.60 27 8" White or Yellow Thermoplastic LF 3.50 28 4-inch white lines for parkinq stalls (Paint) LF 1.15 29 Removing and sealing existing pavement marking SF 3.50 30 Removal of Markers LF 2.50 31 Type 110' Arrow EA 69.00 32 Type 118' Arrow EA 115.00 33 Type 124' Arrow EA 145.00 34 Type 11 (L) Arrow EA 185.00 35 Type II (B) Arrow EA 255.00 36 Type III (L) Arrow EA 185.00 37 Type III (B) Arrow EA 255.00 38 Type IV Arrow EA 75.00 Page 1 of 4 TOTAL e1 Ltdl.) p eo%W an* Contractors License No. 374600 Fremont Office DIR Registration No. 1000000306 43650 Osgood Rd A General Engineering Fremont CA 94539 C-13 Fence, Wire, wood Phone: (510) 656-2840 Fax: (510) 656-2397 C-32 Highway Improvement Quotation Union Contractor/ No minority Status 39 Type V Arrow EA 155.00 40 Type VI Arrow EA 185.00 41 Type VI Arrow EA 140.00 42 Type VIII Arrow EA 185.00 43 Railroad Crossing Symbol EA 325.00 44 Disabled Persons Parking Symbol EA 245.00 45 Two -Way Blue Reflective Fire Hydrant Marker EA 20.00 46 Bike Lane with Arrow Pavement Marking (per City SF 6.90 Standard 27A) 47 Install Pavement Marking Words (STOP, SCHOOL SF 5.25 48 Install Pavement Marking Numbers (35, 35 etc.) SF 5.25 49 Stop Sign - Standard Size EA 420.00 50 Pedestrian Crossing Sign - Size 30x30 (W54) EA 420.00 51 School Children Crossing Sign - Standard Size EA 455.00 52 Handicap Parking Only Sign - (R99) EA 370.00 53 Green Thermoplastic Bike Lane SF 14.00 54 Traffic Control 1 Man - Minor Streets DAY 1750.00 55 Traffci Control 2 Man - Major Streets DAY 2850.00 Notes Work Order Minimum $3500.00 ALL STRIPING/ PAVEMENT MARKING TO BE THERMOPLASTIC Written Authorization is Required Prior to Proceeding With. Work ACCEPTED BY: P.O. Number TITLE: Job Number Bond Rate Addendu 1.2% This quote includes all stipulations found on page 4 QUOTE PREPARED BY David Morris (510) 719-6453 dmorris@chrispco.com CHRISP COMPANY Page 2 of 4 Contractors License No. 374600 Fremont Office 43650 Osgood Rd Fremont CA Phone: (510)656-2840 Quotation 94539 Fax: (510) 656-2397 DIR Registration No. 1000000306 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 February 20, 2019 for the following project Striping, Markers and Object Marker 2019-2021 • NO RETENTION TO BE TAKEN ON CONTRACTS LESS THAN $5,000.00 • 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. • EXCLUDE: Traffic Control Plan • EXCLUDE: Fire Lane Striping and Signage • EXCLUDE: Concrete Coring for Bollards • EXCLUDE: Seal Coat • EXCLUDE: Removal of Concrete Curing Material prior to PAINT / THERMOPLASTIC / PAVEMENT MARKER • EXCLUDE: Furnishing and Installation of Mast Arm Signs • EXCLUDE: Red -Lined As -Built Drawings • If Chrisp Co. is required to DIG BY HAND do to issues U.S.A., etc.an additional $20.00 per hole will be charged • Traffic Control IS NOT included for Chrisp Company Forces • After receiving contract 10 working days written notice required prior to scheduling of work • EXCLUDE: Special Insurance Requirements,(i.e. Railroad Insurance, • All night lights required are to be supplied by general contractor • EXCLUDE: WHEEL STOPS • EXCLUDE: Pedestrian Barricades • EXCLUDE: ALL Solar Powered LED Signs to be Done By Others • 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. • This quotation Excludes furnishing or placing ALL signage for advance posting of ramp closures / detours for our operations. Page 3 of 4 Fremont Office 43650 Osgood Po Fremont CA 94539 Phone: (510) 656-2840 Fax: (510) 656-2397 Quotation Contractors License No. 374600 DIR Registration No. 1000000306 A General Engineering C-13 Fence, Wire, wood C-32 Highway Improvement Union Contractor / No minority Status • This quotation Excludes furnishing or placing ALL detour signage for our operations. • EXCLUDE: Encroachment Permit (If required to be provided at No Cost to Chrisp Company) • EXCLUDE: ALL Etching, Inscribing on curb, • EXCLUDE: Engineering and/or staking of survey monuments • EXCLUDE: Advanced posting of "No Parking" signs • This quotation EXCLUDES removal of Yellow stripe and markings treated as hazardous. • EXCLUDE: Maintenance of temporary delineation ie. temporary paint, temporary tape, channelizers, etc... • EXCLUDE: Lead Compliance Plan • THIS QUOTATION IS BASED ON A STANDARD MONDAY THROUGH FRIDAY WORK WEEK. ADDITIONAL COSTS WILL OCCUR FOR WORK PERFORMED ON WEEKENDS • CHRISP COMPANY WILL USE EXISTING EMPLOYEE POOL TO PERFORM ALL WORK ON THIS PROJECT. IF THERE ARE ANY HIRING GOALS FOR THIS PROJECT THIS WILL BE EXCLUDED • Prime contractor to provide disposal area & dispose of all recess cut debris. Disposal area to be on jobsite. • EXCLUDE: ALL HARD WIRED ELECTRICAL SIGNS Page 4 of 4 Exhibit E Force Account Payment The term "force account" shall be understood to mean that payment for the work will be done on a time and expense basis, that is, on an accounting of the Contractor's forces, materials, equipment, and other items of cost as required and used to do the work. For the work performed, payment will be made for the documented actual cost of the following: a. Direct labor cost for workers, including foremen, who are directly assigned to the force account work: Direct labor cost is the actual payroll cost, including wages, fringe benefits as established by negotiated labor agreements or state prevailing wages, workers' compensation and labor insurance, and labor taxes as established by law. No other fixed labor burdens will be considered, unless approved in writing by the City. b. Material delivered and used on the designated work, including sales tax, if paid for by the Contractor or its subcontractor. G. Equipment rental, including necessary transportation for items having a value in excess of One Thousand Dollars ($1,000.00). d. Additional bond. e. Additional insurance, other than labor insurance. To the preceding costs, there shall be added the following fees for the Contractor, subcontractor, or sub -subcontractor actually performing the work: A fixed fee not to exceed fifteen (15) percent of the costs of Items a, b, and c above. To the total of the actual costs and fees allowed hereunder, not more than two (2) percent shall be added for additional bond and insurance as the cost of Items d and a above. For work performed by an approved subcontractor, the Contractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. For work performed by a subtier-subcontractor, the subcontractor may add to the total of the actual costs and fixed fees allowed under the preceding paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the subcontractor's administration of the work performed by the subtier-subcontractor. The Contractor may add to the total of the actual costs and fixed fees allowed under this paragraph an additional fixed fee of five (5) percent of said total. No further compensation will be allowed for the Contractor's administration of the work performed by the subcontractor. The added fixed fees shall be considered to be full compensation, covering the cost of general supervision, overhead, profit, and any other general expense. The above fixed fees represent the maximum limits which will be allowed, and they include the Contractor's and all subcontractors' indirect home office expenses and all costs for cost proposal preparation and record keeping. The City reserves the right to furnish such materials and equipment as it deems expedient, and the Contractor shall have no claim for profit or added fees on the cost of such materials and equipment. For equipment under Item c above, rental or equivalent rental cost will be allowed for only those days or hours during which the equipment is in actual use. Payment shall be based on actual rental and transportation invoices but shall not exceed the rental rates for such equipment listed in the California Department of Transportation publication, "Labor Surcharge and Equipment Rental Rate," which is in effect on the date upon which the work is performed. Owner -operated equipment shall not exceed the rates in the Previously Mentioned Rental Rate publication plus the labor costs as provided in Section 01035-4.1, Direct Labor. The rental cost allowed for equipment will be understood, in all cases, to cover all fuel, lubricants, supplies, consumables, repairs, ownership and incidental costs. No further allowances will be made for these items, unless a specific written agreement to that effect is made. Prior to the commencement of force account work, the Contractor shall notify the Construction Manager of its intent to begin work. Labor, equipment and materials furnished on force account work shall be recorded daily by the Contractor upon report sheets furnished by the Construction Manager to the Contractor. The reports, if found to be correct, shall be signed by both the Contractor and Construction Manager, or inspector, and a copy of which shall be furnished to the Construction Manager no later than the working day following the performance of said work. The daily report sheet shall thereafter be considered the true record of force account work provided. If the Construction Manager, or inspector, do not agree with the labor, equipment and/or materials listed on the Contractor's daily force account report, the Contractor and Construction Manager, or inspector, shall sign -off on the items on which they are in agreement. The Construction Manager shall then review the items of disagreement and will advise the Contractor, in writing, of its determination. If the Contractor disagrees with this determination, it shall have the right to file a claim notice The Contractor shall maintain its records in such a manner as to provide a clear distinction between the direct costs of work paid for on a force account basis and the costs of other operations. To receive partial payments and final payment for force account work, the Contractor shall submit, in a manner approved by the Construction Manager, detailed and complete documented verification of the Contractor's and any of its subcontractor's actual costs involved in the force account pursuant to the pertinent Field Order. Such costs shall be submitted within thirty (30) days after said work has been performed. No payments will be made for work billed and submitted to the Construction Manager after the thirty (30) day period has expired. The force account invoice shall itemize the materials used and shall cover the direct costs of labor and the charges for equipment rental, whether furnished by the Contractor, subcontractor, or other forces. The invoice shall be in a form acceptable to the Construction' Manager and shall provide names or identifications and classifications of workers, the hourly rate of pay and hours worked, and also the size, type, and identification number of equipment and hours operated. Material charges shall be substantiated by valid copies of vendor's invoices. When both additions and credits are involved in any one change, the combined overhead and profit shall be figured on the basis of the net increase, if any. The amount of credit to be allowed by the Contractor to the City for any such change which results in a net decrease in cost will be the amount of the actual net decrease and a credit in accordance with the markups allowed under the use of the method described in this Section. The Contractor shall not claim for anticipated profits on work that may be omitted.