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HomeMy WebLinkAboutNexgen Builders, Inc.AGREEMENT THIS AGREEMENT is made and entered into on the 23idday of JcL#1Lb-,r/ 2014 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Nexgen Builders, 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: Supply and install office door viewing window to two existing doors at Town Hall. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated January 17, 2014 3. TERMS. The services and/or materials furnished under this Agreement shall commence 1.47 // and shall be completed by "3 /7 / /4 unless terminated f) pursuant to Section 5 . 31, 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed eight hundred twenty- five dollars and zero cents ($825.00) 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 4/23/10 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. ii. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.0.0 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 Short form Updated 4/23/10 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 farm Updated 4/23/10 h. ENTIRE AGREEMENT, This Agreement represents the entire agreement 'between the Parties. Any ambiguities or disputed terms between this Agreement and any attached EX*hibits 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: Z3 26379 Fremont. Road Signature Date Los Altos Hills, CA 94022 Print name, Title TOWN OF LOS ALTOS HILLS: A I -T By: Carl Cahill, City Managbr Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4123110 Town Hall, 26379 Fremont Rd. Los Altos Hills, CA. 94022 COST PROPOSAL Project# 066 Tel: 650-322-5800 Fax: 650-322-5806 Date: To Owner 1/17/2014 Public Works Department Contract Date: Town Hall, 26379 Fremont Rd. Job # Los Altos Hills, CA 94022 Proposal No: 650-941-7222 Fax: 650-941-3160 Attn: Richard Chiu NOTES: Scope: 1. Supply and install office door viewing window to two existing doors 2. Frames to have a viewing area of 5"x20" with tempered clear glass and bronze frame to match existing window accessories. 3. Placement of area of install to be determined on site. 4. Two to Three week order period 5. Two hour install per door, door to be removed for install Code Date Estimate 8000 1/17/2014 $750.00 Nexgen Builders Inc. CONTRACTOR 225 Demeter St. East Palo Alto, CA. 94303 Address By Michael B. Larsen SIGNATURE :NI 6chaeb13. Low DATE: 1/17/2014 Proposed $750.00 Approved $0.00 Builders Overhead & Profit (Mark-up, 10%) TOTAL (S) APPLIED Public Works Department #66 011714 N OWNER Town Hall, 26379 Fremont Road Los Altos Hills, CA. 94022 Address By SIGNATURE DATE Applied $750.00 $0.00 $75.00 $825.00 formw=9 'Request for Taxpayer (Rev. 'October 2007) Identification Numbevand Cert'ifloation Dapartment of thet Treasury Internal Revenue Service Name (aa shown ,on -your Income tax -roiurn). Business name, if differontftom above -Give form to- the r6qgester.Do not send -to the IRS. Check -opproprldte.b= 0 Individuctl/Sole,propHdtor .56 Corporation El Partnerdhip q f Is [:] Exempt EJ Limited liability company. Ehter.the tax classificiallo6 (D=dlsru9prd'ed .-entity, C�--carocratt(j6.,.P=p-ortnership) 0" . Other (see in6truction's) ;Address ,(number,. apt.-or,sultei.-no.)Mquwter.�,,nnm a. and address -(pptlohdi). G L'95, 7 t %J Town -oftosA11to Hills -Cly, *Ette, 6nd ZIP dodo 263 7, - .9 FreMbnt'Roa 'List account inumber(a),here., 1= Tumor Identification Ntjm4.qr'(T-,1N) A " -J6r,-'z'j1 0 6 I L.Os Aitos, hiMs. CA 9402 Enter your TIN'In, - the:-eippropflate box, The TIN provided must match the name -given oil Line. 1 lolsivold numbet -backUp Wthholding, . For,indvIdLiqls, this J$'-YOLirsoQia1 However, fora reatdQnt -alien, sole. proprietor, or d19raqar-deO.pfit1tyj see the Part I Instruqtlons on page 3. For. O'th-ar antities, It is.. your. ernployer Idehtification ournbor '(51 N). If you CICF,ndfliave •a number, sea -Mow to. -Vat A TIN ..on gage 3, or Note. If tile account Is In more -than on, a -nannes see lhochad ,oil page 4for gtildeffned on whoseOloyer'Identilloo.tion number V IlUrnber to ,enter. tq I Gdrtlf leation Under penalties of perjury, I oertify that: 1 . The -numlz* shown on -this fornVis- -my -correot taxpayer I derififlogtion nuMb.er for I arn waiting for a tiumbef to be Issued to trio)., and 2. .1 am not. subject to badkop withholding. because: (a) I arn oVaMpt 'from ba*,okuO withholding, -or (b) I !lave. not been hotified by the Intern -al Revenue SeNlqe (IR%9) that I am subject to'backup vlthholdfig. as a re..501t of -;a fakire• to report all Interest or dividends, or (0) the IRS. bas notified n)e that I aryl :no I.ohger stible-ot to.backup Withholdling, and' -3, 1 am a U.S. *c1tIzei!'-G'r oither'O.S. person (defined below). Oertlfl oation -IfistruGtI one-.'Yov intist cross out Item 2 above It you [lave been notified by the IRS, that yo(t. are 'Mirre mly, -.8UbJkt -0 backup .W aus# -YOU .have -filled -to.-report all Interest and -divildendv ort •your tgx.r6turii. For reial'4state transti6llons., Item •2 -does •not -apply, Por mortgage threrest *paid, accluisition of tibsnddilment,df secured Property., canadllOoii of -ddbt, oontributlont to :all 'individual 'reti'rem'ent arrdngemeiit (IR -A), and -general I pqyments other then interest -and dividendd, *you sire not t-eqUItOd' lo'dign"W -GediflOO'lloi1v btft you inti 9t provid.e yb.Lir coil kt'TIN. 8$.e 11--io In6truOlohd -ofi p6ge 4. Sign. -SignotiM of Hate U.S. Derson 1,. 0 6 - Date 3-t4 G eneral Instmotions Section refaren6es are 'to the Internal Revenue Cods unAss other.W-Ise noted. Purp6se of Form A person -who Is required to. -f Ile an lifformation.return. With the IRS must Obtain'YOLir correct taxpayer IdentIfIcatjoii nuni-Oor.'(TIN). to report, for :example., .income P.Eild -toyou, real esti-ate ;transactions, martgago Interest you. paid, acquisition or abandonment sbcured property, canciOatlonbT debt, or -contributlons you -mad4 to -an IRA. -Use Form "wog only, if you are,a, U.S. pers.on(In-cluding a rasldsn't alien your correct TIN to - the person request -Ing It (the requester) and, when elpplld;able, to: i, Certify that. the TIN you are giving Is, corr t* 00 (or you are wafting fora number to. be Issuaq), 2. Cert-Ify1hat you are not subjoct'to baokup withholding, or 3. Claim exemption YrQm'b.tiOkupwithh'o1dIng1f you tire .a- U., G. exeOpt,payo-9. If #p,j).11cablej yt)q are also -certifying that -as a - .U.S. person, your allooable:sfhara of .,anyipmt-norshIp Income from a UA, -trade or -business Is not subjadfto the wiffiholdlq 'tax on• foreign partners' share -of efredtivoly connected I*n. come.. Note. If a requester givas -you a• form offtor than Form W-9 to request your TIN, you. must use the requester's `form if it Is substantially sfirrillar to this Form W-9. Whiltion of a U.S. p4rson. ..For fediarzi lax- purposes, you -are con, sIdi9red-aU.,$. pdrson1.Ir­y6u are: 0 An Individuffl whi-d Is a -U.S..off.lion or *US: resident allop, A -partnership, cQrp6r;W6n, c.ompany.., 6r .'assoolatlen created or lorgAized in the Unife'd States -or.urTd'6r the kqws-of the United St 2tes, An -estate (other *then tt foreign estate),. or A domestic itrust;(;fts -doilined in Replatioris section 201,7-701--7). $Pe.0161 rules for partnerships. ParblershIps.1hat 'conduct :a trade or'busin, ess:In the. United States arp,genera1lyr9.q.uIr9jd to. -pay a with. hold1h. g -tax on any foreign part.n. drs' shire of Ino 0mg. frohri such business. Further., in, ceft,10 n cases a Forr., n. bas not beer received,.. a. piffriorship Is- required -presume that ia partner -is ix foreign ,person, and Ptiy the wit blidW ft tax. Therefore, If yoy are a. U,8. :Pdnon - Is. 1nor In a ,p!*-n9rahfp conducting �j lrade'-�r bushiest In the United '%�Ws, I *. . - 'provide Form Wwgto the. partnership 'to establish your U.S"', status andavold withholding -on your ,share of partnership The' peirson who gives Form W-;9 to the partnership for 'purposes ,of estibllshft Its U.S. status and'aVolding withholding on, 'Its allocable'share of rist income from the 1paftershlp conducting a trad6-or.busInas's; In the United Stateg 1S'In the fd1lowing cases.: 10 The U.S. own -or Ofa,disraolarde'd ontity and riot the entity, Cat. No. 109SIX 'Form W-9 (Rev. 1:0-2007;