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AGREEMENT
THIS AGREEMENT is made and entered into on thee day of 4p'1 , 2016 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and Fran Co Construction (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:
Removal, disposal, installation and stain stairs at heritage
house.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated March 24, 2016 email
3. TERMS. The services and/or materials furnished under this Agreement shall
commence y- rfr/6 and shall be completed by 4._ ;c-ft , 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 Six hundred dollars
and zero cents ($600.00) 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.
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Town of Los Altos Hills Page 1 of 4
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updated 4123no
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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.
AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence.
iv. ERRORS AND OMISSIONS INSURANCE: $1,000,000.00 aggregate.
v. NOTICE OF CANCELLATION: The City requires 30 days written
notice of cancellation. Additionally, the notice statement on the
certificate should not include the wording "endeavor to" or "but failure
to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives."
vi. CERTIFICATE OF INSURANCE: Prior to commencement of services,
evidence of insurance coverage must be shown by a properly
executed certificate of insurance and it shall name "The Town of Los
Altos Hills, its elective and appointed officers, employees, and
volunteers" as additional insureds.
vii. To prevent delay and ensure compliance with this Agreement, the
insurance certificates and endorsements must be submitted to:
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Short form
Updated ammo
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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
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Updated 4/20/10
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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: 3 3I46
26379 Fremont Road Signature a-te
Los Altos Hills, CA 94022
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Print name, Title
TOWN OF LOS ALTOSLTHILLS:
By: CoiC,t101Q gi.3100
Carl Cahill, City Manager date
Town of Los Altos Hills Page 4 of 4
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updated 4/23/10
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Farm Wm9 Request for Taxpayer Give form to the
(Rev October 2007) Identification Number and Certification requester. Do not
pepan em onre Treasury send to the IRS.
!rasa 1 keName(as shown on your Income too return)
l_Taxpayer
cret usiness name.n afferent from above
heck approp to box. ❑ IM E /Sol p opneto n C poraE partnersfipExempt
] Limited ablity company.Enter the tax classfiwfion(D Elsregarded entry C corporation p_pabler�ip) - payee Other see lnebucfimtddress ;umber(sweet,and apt.or suite no) Requester's name and address(optional)
Town of Los Altos Hills
1. ity,state,and ZIP code 26379 Fremert Road
Los Altos Hills, CA 94022
it account numbers)hoe(optional)
Identification Number TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid I"""an eeN1ty number
backup withholding. For individuals,this is 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(EIN). 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 chart on page 4 for guidelines on whose Employer identification number
number to enter. ,•
Part II Certification
Under penalties of perjury. I certify that:
t. 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).
Certification Instructions,You must cross out iters 2 above if you have been notified by the IRS that you are currently subject to backup
withhoding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement
arrangement(IRA),and generally,payments other than interest and dividends, you are not required to sign the Certification,but you must
provide your correct TIN. See the instructions on page 4.
Sign SgreWre of
Hero us.person ilk Date ot
General Instructions Definition of a U.S. person. For federal tax purposes, you are
considered a U S.person if you are'
Section references are to the Internal Revenue Code unless • An individual who is a U.S.citizen or U S. resident alien.
otherwise noted.
• A partnership, corporation, company,or association created or
Purpose of Form organized in the United States or under the laws of the United
A person who is required to file an information return with the Slates
IRS must obtain your correct taxpayer identification number(TIN) • An estate(other than a foreign estate), or
to report, for example, income paid to you, real estate • A domestic trust(as defined in Regulations section
transactions, mortgage interest you paid. acquisition or 301.7701-7).
abandonment of secured property, cancellation of debt. or Special rules for partnerships.Partnerships that conduct a
contributions you made to an IRA trade or business in the United States ars generally required to
Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any foreign partners' share of income
resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9
requesting it (the requester) and, when applicable,to: has not been received, a partnership is required to presume that
1. Certify that the❑N you are giving is correct (or you are a partner is a foreign person, and pay the withholding tax.
waiting for a number to be issued), Therefore, if you are a U.S. person that is a partner in a
2 Certify that you are not subject to backup withholding. or partnership conducting a trade or business in the United States,
provide Form W-9 to the partnership to establish your U.S.
3.Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership
exempt payee. If applicable, you are also certifying that as a income.
U S. person, your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S. status and avoiding withholding
foreign partners' share of effectively connected incomeon its allocable share of net income from the partnership
Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is in the
request your TIN. you must use the requester's form if it is following cases:
substantially smiler to this Form W-9. • The U.S.owner of a disregarded entity and not the entity.
cat.No. 10231X Form W-9 (Rev,10-200I)
b r
John Chau
From: Richard Chiu
Sent: Thursday, March 24, 2016 9:55 AM
To: John Chau
Subject: FW: Fran Co Construction
John,
Please do agreement.
Richard
Original Message
From: Fran Co [mailto:franciscofranco(datt.net]
Sent: Tuesday, March 22, 2016 9:16 PM
To: Richard Chiu
Subject: Fran Co Construction
Hi Richard this is a simple bid for stairs at heritage house ( removal ,disposal,
installation and stain ) $600.00
Any questions let me know
Thank's
Francisco
Sent from my iPad
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