HomeMy WebLinkAboutNexgen Builders, Inc. (4)AGREEMENT
THIS AGREEMENT is made and entered into on they day of 1-4A 2012 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred 1co 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 new sliding glass window assembly for
reception- area. Submit Mock -Up for approval prior to
-fabrication and installation.
-,,
2. EXHIBITS,*: The following attached exhibits"aro hereby incorporated_ into andde
fhistit-
apart of, Agreeme
Proposal from CONTRACTOR dated April 20, 2012
3. TERMS. The services and/or materials furnished under this Agreement shall
commence May .21, 2012 and shall be completed by June 22, 2012, 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 Two thousand three
hundred ten dollars and zero cents ($2,310.00) within thirty (30) days following
receipt of invoice and completion/delivery of services1goods 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.
o I
TOWN is not respnsible 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/employeeslagents/
subcontractors to ensure delivery of goods/services within the terms of this
Agreement. TOWN will not accept or compensate CO*NTRACTOR. for
incomplete goods/services.
Town of Los Altos Hills Page I of 4
Short form
Updated 4123110
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 oiiowss..
WORKERS-. COMPENSATION -JNSW.,ANCE: Minimum statutory
limits.
ii. 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
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
Short form
Updated 4/23110
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 .CONTRACTO:R 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 riot
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 �nrithout tleritten 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 form
Updated 4/23110
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
representati for -TOWN: CONTRACTOR:
Richard Chiu
Public Works Director f
R
f Los .Altos H ills B
...Town o �
219
:6379 Fremont Road Signature Date
Los Altos Hills, CA 94022
M icofkk_6 L 2--s rA4
Print name, Title
TOWN OF LOS ALTOS HILLS:
By: "P --201L
Carl Cahill, city Manager Date
Town of Los Altos Hills Page 4 of 4
Short dorm
Updated 4/23110
COST PROPC)SAL
Town Hall, 26379 Fremont Rd. Project# 066
Los Altos Hills, CA. 94022 Tel: 65 ' 0-322-5800
Fax: 660-322-5806
Date:
To Owner. 4126/2012
Public Works Department Contract. Date:
Town Hall 26379 Fremont Rd, Job # #66
Los Altos Hills, CA 94022 Proposal No: 12151 I -N
650-941-7222 Fax: 650-941-3160
Attn: Richard Chlu
.'NOTES -8 -
Scopes
Install new sliding glass single pane, tempered, bronze frame, with jambs, 4 See Detail)
a) Remove and haul away existing 6 x 3 solid glass window and frame
b) Retrofit opening to 66" x 4S", head stays in existing location
c) Install WI Bronze single pane tempered sliding window. retrofit to bronze Jamb.
e) Match paint now sheotrock to match existing all sides
f) Two week lead time on order
Code Date Estimate Proposed Approved Applied
8000 12115/2011 $2,100-00 $2,100.00 $0.00 $2,100.00
Nexgen Builders Inc.
CONTRACTOR -
225 Demeter St.
East Palo Alto, CA, 94303
Address
By Michael B. Larsen
SIGNATURE :Michael B. Larsen,
DATE: 4/26/2012
$0.00
$0,00
$0.00
Builders Overhead & Profit (Mark-up, 10%)
$210.00
TOTAL (S) APPLIED
.$23310.00
Public Works Department
OWNER
Town Hall, 26379 Fremont Road
Los Altos Hills, CA, 94022
Address
By
SIGNATURE
DATE
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Form 9 Request for Taxpayer dive form to the
(Rev. October 2047) I-dentification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue .$vrvice
Name (as shown on your income tax return)
�i ,
w
co 'Business name, if different from above
c
0
C ` Check appropriate box ❑ individual/Bole proprietor Corporation Partnership
Exempt
v ❑ Limited liability company. Enter the 'tax classification (D=d►sreg,ntded entity,'C p=partnership) F _______ ❑ payee
O � ❑ Other (gee instructions)
C Address '(number, street, and -apt, or suite no.) . ' Requester's name and address (optional)
.� Town of Los Altos Hills
a.
'ID City, stqgL.,and ZiP code 26379 Fremont Road
j, Los Altos HNitF CA 94022
List account number(s) here (optional)
Taxpayer lder of cation dumber (TIN)
Enter your TIN in the appropriate. box. The TIN provided. must match the Dame given on. tine •1 to -avoid 'Social secgt* number
bacl(up withholding. For -individuals, this fs 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 elnpioyer identification number (EIN). if yot.i .do not. have a nU nber, see•Now:'to g+ef a"TIN. on page 3. or.
Note. If the account is in snore than one name,. See the chart on page 4 for guidelines on whose Employer -identification number
number to enter.
Certification
Under penalties of perjt.rry, l certify that:
1. The number shown on this form -is my correct taxpayer identification number (or I am waiting for a numiber to be issued to me), and
2. 1 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 •ain subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified ine that I am .no •longer subject to backup withholding, and
S. I am a U.S. citizen or other 'U.S. person (defined below).
Certification instructions. You must cross .ot.rt item 2 above If you have been notified by the IRS that you are currently subject to backup
withholding because you'have failed to report all interest slid dividends on your tax return. For real .estate transactions, item 2 does -not apply.
For mortgage interest paid,-acquisitlai or abandonment of secured property, cancellation of -debt, contribLitions 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 Signature of
Here U.S. person 10 [� `�' � vate ON -
General
General Instructions Delfiniiion of a U.S. parson. For federal tax purposes, you are
Section references are to tho Internal Revenue Code unless cransidered a U.S. person if you are:
otherwise noted.
An individual who Is.e U.S. citizen or U.S. resident alien,
o- 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 States,
IRS must obtain your correct taxpayer identification -number (TiN) 0 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 Speciai rules for partnerships. Partnerships that conduct a
. contributions you made to an IRA. trade or business �in the United States are.generally required to
Use Form W -g 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 TiN 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 tobackup 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. aria 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 Income. on *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 ,rases:
substantially similar to this Form W-9. * The U.S. owner of a disregarded entity and -not the entity,
Cat. No. 10281X Form W-9 (Rev. 10-2007)