HomeMy WebLinkAboutO.Nelson & Son (4)AGREEMENT.
THIS AGREEMENT is made and entered into on the_ v� day of 4�ij 2016 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
O.Nelson & Son (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:
To widen existing trail 1' from Campo Vista Lane 375' to
Bullis School. Dig -out 16", 6" deep, compact, remove dirt
and off -haul, remove existing header and back -fill with dirt
outside and SCQ manufactured fines compacted to 95% on
inside.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated June 27, 2016
3. TERMS. The services and/or materials furnished under this Agreement shall
commence . 7 and shall be completed by 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 Eight Thousand
Three Hundred and Forty dollars and Zero cents ($8,340.00) within thirty-five
(35) days following completion/delivery of services/goods as detailed in Sections
11 2, and 3 of this Agreement and only upon satisfactory delivery/completio'n 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
Not to exceed $15,000 per fiscal year
Updated 3,17,08
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.
$1,000,000.00 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 - Contracts
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4.
Not to exceed $15,000 per fiscal year
Updated 3,17.08
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
Not to exceed $15,000 per fiscal year
Updated 3,17.08
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:
Richard Chiu.
Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
CONTRACTOR:
Le
By:
Sig nature Date
Print name, Title
TOWN OF LOS ALTOS HI LS:
By:
Carl Cahill, City Manager bate
Town of Los Altos Hills Page 4 of 4
Not to exceed $15,000 per fiscal year
Updated 3,17,08
Form W M 9 Request for Taxpayer Give form to the
(Rev, October 2007) Identification Number and Certification requester. Do not
Dep,aflrnFx*it of the ir(-a,:,wf,Y send to the IRS.
Intemel RevenLIO. Service
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F] Other (see instructions)
Addre,to. (number, street, and apt, or spite: no.;)
City, state, and ZIP code
List account number(s) hero. (optional)
Taxpayor Identifitation' Number (TIN)
F-1 . Exempt
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Requester'.0, name and address (optional)
Town of Los It dills.
2:6379 Fremoht 11,00.0
Los Altos Hills...
Enter your TIN in. the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number
backup withholding. For individuals, this i$yQ.Ur.social security number However, for a resident
For 3. other entities, it is
alien, sole proprietor, or disregarded entity, see the Part I instructions on page;
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 narne, see the chart on page 4 for gUidblines on. whose I Employer identification numb
number to enter.
Under penalties of perjury, I certify that:
1. 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., 1 am not subject to backup withholding because: (a.) I am exempt frorn, backuP withholdihg�, or (b) I have not been not , Ified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result Of a failure to reportall interest or dividends, or (c)the IRS has
notified rne that I am no longer SL.jbiect to, baoWp Withhbld.[ng, and
3. 1 am a U.S. citizen or other U,S, person (defined below).
Gertificatiori [n;structfohs. YOUMMt cross out Item 2. above if you have been notified by the IRS,that You are currently subject to backup
withholding: because Yhave failed to report all interest and -divi
OO d'ends on. your tax return. For tealestate transactions, item 2 does not apply.
For mortgage interest paid, aOqUiSition or ab*andonrnent: of secured property, cancellation of debt, contribution to an individual retirement
err aiigemen't (IR,�), an:d gen rally, payment an 9 ft v,dends d tosign the, Certification', but.YOLI Must
el t other th in rest, and di 'i YOU are not require
prov'id.eyOUr correct TIN. Seothe instructions Can Page 4,
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'Sign Signoture:..of
H ere U.S-. person 1111-,
General Instructions
Section references are. to the Internal Revenue Code. unless
otherwise noted.
A, person -who is required to file an informati ' on return with the
IRS must obtain your correct taXpayerid0tification -number (TIN)
to report far example, income paid: to; you real estate
transactions, mortgage interest you paid, acquisition or
abandonment of secured property, cancellation of debt, or
contributions you made to an IRA,
Use: Form 1 -9 only if you are a U.S. person (including a
resident alien), to provide your correct TIN to the person
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requesting it (the requester) and, when applicable, to,
1. Certify that the TIN yo -.0 are giving is correct (or you are
waiting for a number to be issued),
2. Certify that, you are not subject to backup withholding, or
3, Claim exemption from backup withholding if you are a U.S.
exempt payee. If applicable, you are, also certifying that as a
.U.S. person, your allocable. share of any partnership income from
a U.S, trade or business, is not subject to the withholding tax on
foreign partners' share of effectively connected income.
Note. If a requester gives you a form other than Form W-9 to.
request your TIN, you must use the requester's. form if it is
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W MJ UVVk;%.0 , VHV1 d disregarded W-,�Q emitdf 1U HUL the eH Lltyx
Cat, No. 10231X Form W-9. (Rev. 10-2007)
Date 0 -
fir tion of a U.S For federal tax purpose, s, you are
perso n.
considered. a U.S. person if you aro;
An individual who is a U.S. citizen or U.S, resident alien,
A parthers'h.p, corporation) dompany, or association created or
organized in the United States or under the laws of the United
Ses;tat ps
*An estate (other than a foreign tate),, or
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A d6mestic-tru8t (as defined' in Regulations section
30"1.7.701 -7),
Speeliall rules for partners hips. Partnerships that conduct, a
trade or business in the United -States are generally required to
pay a withholding tax on any foreign partners' share of income
from such business. Further, in certain cases where a Form W-9
has not been received, a partnership is required to presume that
a partner is a foreign person, and pay the withholding tax.
Therefore, if you are a U.S.. person that is a partner in a
partn.ership.conducting a trade or business in the United States,,
provide Form W-9 to the partnership to establish your U,S.
status and avoid withholding on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its IJ,S,. status and avoiding withholding
on its allocable share of not income from the partnership
conducting a trade or business in the United States is in the
,following cases,
0. Vefson Son, Inc.
General Engineers
3345 Tripp Road
Woodside, CA 94062
(650) 851-3600 Email: onsdigs@sbcglobal.net
Proposal and Contract # 22
DATE: June 27, 2016
TO: Town of Los Altos Hills Attn: Richard Chia
Hereafter "Contractor", telephone (650) 947-2516 fax (650) 941-3160 O. Nelson & Son, Inc. here-
after "Sub -contractor", propose(s) to famish all materials and perform labor necessary to complete the fol-
lowing:
Re: Fremont Road
Los Altos Hills, CA
From Campo Vista Lane 3 75' to Bullis School
1). To widen existing trail 1'. Dig out 16" wide, 6" deep, compact, remove dirt and off -
haul, remove existing header (re -use if possible) if not provide new 2x6 header and back-
fill with dirt on outside and SCQ manufactured fines compacted to 95% on inside.
S 893400
This proposal is valid until July 30, 2016 and if accepted on. or before that date, work will commence ap-
proximately on. upon request and will be substantially completed approximately days subject to delays
caused. by acts of God, stormy weather, uncontrollable labor trouble, or unforeseen contingencies.
If any payment is not made when due, Contractor may suspend work on the job until such time as all pay-
ments due have been made. A failure to make payment for a period in excess of 30 days from the due
date shall be deemed a material breach of this contract.
Respectfully Submitted,
A C C E P T A N C E
0. Nelson &Son, IYou are hereby authorized to famish materials and labor
By
3345 Tripp
Woodside, CA 94062
(65o) 851-3600 Office
f65o) 851-5714 FAX
required to complete the work in this Proposal, for which
I / We agree to pay the Contract price mentioned in this
Proposal, and according to the terms . I / We have read
and agree to the provisions contained herein, and in any
attachments hereto, which are made part hereof and are
described as
By
Contractor's State License #A307071
Date
Authorized Signature