HomeMy WebLinkAboutExpress Plumbing, Inc. (3)THIS AGREEMENT is made and entered into on the 42% 5 day of, Frb , 2019 by and
between the TOWN'OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Express Plumbing, Inc. (hereinafter referred to as "CONTRACTOR"). In consideration
of their mutual covenants', the parties hereto agree as follows:.
1. I TRA T Rw Shall provide or furnishthe following specified service's and/or -
materials:
1) Jet out sediment'and, CCTV the corrugated storm drain
m(+ tal pipe at Elena Road.
2. EXHIBITS, The following attached exhibits are hereby incorporated Into and made
a part of this Agreement,:
Proposal from CONTRACTOR dated February 21, 2
019
3. TERMS. The services and/or materials furnished under this Agreement shall
commence February 25, 2019 and shall- be completed by March 1, 2019, 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.. six
hundred dollars and zero cents ($2,600.00) within thirty (30) days folio in
receipt of invoice and *completio'n/delivery of 'services/goods as detailed in
Sections 1, 2, and 3 of this Agreement and only upon satisfactory
deli.very/com*pletion of goods/services in* a manner consistent with
professiona.1/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. reimbu'rse 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
inco.mplete goods/services.
Town of Los Altos Hills Page 1 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, clairi1s 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 withthe.-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 com.prehensive f6rm,
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.
11i. 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."
A. CERTIFICATE OF INSURANCE: Prior to commencement -of services,
evidence of insurance I coverage must be shqwn 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 fonn
Updated 4/23/10
c. NON-DISCRI MI NATION. '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 porson.
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 betwee*n the TOWN- and - CONTRACTOR. - At all tees
.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
011"
under this Agreement is an officer or employee of TOWN.
e. CHANGES. This Agreement shall not be assigned or trans'ferred' 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 upoh seven (7)
days written notice to CONTRACTOR. Mdnies owed for *work satisfactorily
completed shall be paid to CONTRACTOR within 1.4 days of termination.
g. RECORDS. All reports, data, maps, models, charts, studies, surveys,
c6lculations, 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 Tied by the TOWN shall be a material'breach of this Agreement., TOWN
and CONTRACTOR agree that until .final approval by TOWN, all data, plan's,
specifications, reports and other do'curnents 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 workprodu6ts, submitted
to the TOW 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 df 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 4123/10
h. ENTIRE AGREEMENT. This Agreement represents theentire 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:
Nichol Bowersox
Public Works Director
Town of Los Altos Hills By:
26379 Fremont Road Sfgna efate
Los Altos Hills., CA 94022
Print
name, Title
TOWN OF LOS ALL OS HILLS:
• R • y:
Carl Cahill, City tanager lbate
Town of Los Altos Hills Page 4 of 4
Shad form
Updated 4123/10
N,
U44M. K M�
307 N Amphlett Blvd.
dba,Exp;'4-�)
, " Pluinbhul
- C!, Sari Mateo, CA 94401
Residential - Conn-nercial - Industrial 1 4
Genenal Engineering Contractor el. 800 246-64-25
California Lic 778428 (AB, C36) Fax 650 343-8256
CONrl"'Dn''M F11""'A'A" L ro Proposal I Contract
EPS Inc. Privileged Infonnation-.
Proposal Submitted To Client.- Date of this Proposal:
Town ol'Los.Wtos HilLv 4h) -i: J6hn Clay, Kaho Kong_ Y 2/2-1/2019
Name of Owner if different from Client: Telephone:
Email:l atF c 1tc I ill .cqr..Kkong@losal.toshi11s.ea,gov
Billing address: Location of Job:
Intersection of Elana and Josepha
Los Altos Hills Town .Gall
We,.are, leased to submit this Pro osal. and Contract for:
Job -Description
EPS proposes to perfonn the following work:
* Mobilize the necessary manpower with pan and tilt camera, and. vacuum. truck
* Jet out the -existing corrugated perforated. metal pipe
* Clear debris from the pipe to the best of our ability
* Run pan and tilt camera as far as we could to generate- a video recording and provide to Tow -n Hall
Cost not to ex.ceed $2,600.00
Any question regarding this proposal, please contact Nick Bech.wati 650-444-2002
Payments: Owner shall pay Contractor the SLI111S listed above, subject to additions and deductions provided herein, in installments as follows:
10% down payment upon acceptance of proposal. Progress invoices relative to the percentage of completed work will be generated andare due upon
receipt. F - inal pa iment is due Ron com2letion. Payments due aril. unpaid under the contract shall bear interest of 18% perannum.
To be paid by: Check Credit Card No. (Exp, Date
Job Start Date: Job End Date:
Delay: EPS Inc. (Contractor) shall. be excused of any dela'y in Due to the emergency nature of this Job, EPS tne. lVill immediately
completion of the contract caused by acts of God, the acts of the owner
begin processing necessary Permits after Client Acceptance and
I -TO
or their agent, employee or independent contractor, contractors hired schedule the work for
directly by the owner, adverse weather conditions, labor troubles. acts of
Therefore, Client hereby waives the right to cancel this Job within
Public utilities, Public bodies or inspectors, extra work, failure of the three (3) days: '(Client
owner to make Payments promptly, fire,.delay in transportation,
unavoidable casualties or other contingencies unforeseeable or beyond This Proposal may be withdrawn by US In.c. within day(s)
the reasonable control of the contractor. if not accepted by Client from date of the Proposal.
MY F _1C El
Contractor, subcontractors, suppliers and other persons who lielp to
A monthly I %S% penalty will be charged on past due accounts.
improve your property have the right to enforce a lien against your
property for unpaid balances (Mechanics' Lien Lak�,, — Califomia. Code of
Civil .Procedure, Section 1181 et sect.)
Serving the entire Bay Area since 1989 Cbpy to Client
Client. Initials
E N
PS Me. Construction
DBA Evj�rcss Plurribing,
Page 2 of 3
No contractual rights arise until both parties in writing accept this mgposal.
The following terms & conditions are hereby declared an integral part of this proposal
Standard Exclusion List: All permits, fees, and bonds. Concrete removal and replacernent unless noted on proposal. Cost of compaction testing. All onsite
spoils removal and hazardous material removal. Not responsible for damage to unmarked utilities. Trenching in ground or rock where we can"t dig at least
50 If hr at 4" of depth with a 580 backhoe or 100 If per 11r. with 5200 lbs excavator will go to time and material. All dewatering. There will be extra cost
occurred if we have to deviate from the plans due to unforeseen problems, or if directed by the city inspector, the engineers Of the ' project, and any other of
the owners p
re resentative. There will be an extra charge for all asphalt saw cutting and removal after 10" thickness. Not responsible for connections to
I
existing -piping. EPS is not responsible for the condition of the existing piping and connection to existing piping. No testing of backflow devices. No
engineering ' . No landscape replacement. No asphalt grinding. Not responsible for tie in at building and at the main for sewer lines and water lines due to
ground movement beyond our control. There will be added cost if trenching through area -filled with concrete, asphalt, and such debris that slow down
trenching and backfill procedure. No fence removal/replacement.'No addendums are included unless noted on the proposal. No AC reinoval/replacement
unless noted on proposal. This quotation is based on drilling in sand, silt, and clay and does not include rock, cobble, sandstone or fill material. Additional
compensation will be required for drilling in rocky soil conditions, Drilling in rock soil conditions may be indicative by the following, increase hydraulic
pressures on the drill rig. decreased penetration rates during pilot hole and pre -reaming operations (greater than I minute per 15 foot drill rod), bits and
reamers for drilling in rock are required for penetration. All quotes are good for 30 days due to the weekly cost increase of materials.
'Insurance: OvAler shall procure at his own expense and before the commencement of any work hereunder, fire insurance with course of construction,
vandalism and malicious mischief clauses attached, such insurance to be in a sum at least equal to the contract price, with loss, if any, payable to any
beneficiary under any deed of trust covering the project. Owner shall obtain and pay for insurance against -injury to his employees and persons under
Owner's direction, persons on. the job site at Owners invitation, and Owner's guests. Contractor shall carry workmen's compensation insurance as required
by law.
Warranty Contractor warrants to the owner that all materials and equipment furnished under this Agreement will be new unless otherwise specified., and all
4!:�
work will be of good quality, free from faults and defects and in conformance with the Contract documents, If within one year after the date of substantial
completion of Contractor's Work or designated portion thereof, or one year after acceptance of the Owner of designated equipment or work, or within such
longer period of time as prescribed by the terms of any applicable special warranty required by the contract doculnents, any of the work is found to be
defective or not in accordance with the contract documents., the Contractor shall correct it within a reasonable time after receipt of a written -notice from the
Owner to do so, unless the Owner has previously accepted such condition, The Owner shall give such notice promptly after discovery of the condition.
Right to Step Work: Contractor shall have the right to stop work if any payment shall not be made timely to contractor under this agreement, Contractor
may keep the job idle until all payments are received. Furthermore, the Contractor may at his option ten-ninate the contract and the owner shall be liable to
the contractor for breach of contract, and all damages resulting therefrom,
Protection of Work:, Owner shall effectually secure and protect the work done by contractor hereunder and assume full responsibility -for the condition
thereof. Owner shall be liable for any loss or damage to any work in place or to any equipment and materials on the job site caused by Owner or his agents,
employees or guests.
Control of the Work: For the proper execution of the work, Contractor must have sole control over the work and coordination of subcontractors and
employees. The owner may make changes in the work as provided by this agreement, but such changes must be coordinated solelv through contractor.
Owner shall not request any changes in the work directly from any Contractor's subcontractors, employees or suppliers.
Concealed and ChanedConditions: Contractor shall notify Owner of any conditions at the site or which were concealed &om. Contractor's reasonable
inspection of the site, including but not limited to: hard rocky ground, and concealed gas telephone, cable, and/ or utility lines. Owner as extra work shall
pay for any expense incurred due to such concealed or changed conditions,
.Damage jo,.Property: Owner understands- that in the performance of the work, Contractor or his employees may cause damage to existing real and personal
property at the exterior of the site including, but not limited to, landscaping, fences, driveway, sidewalks, and irrigation and to the existing interior of the
ZP Y
residence andJor garage, and to Owner's personal Property at the site but shall not be responsible for any such damage, in the absence of -malice or gross
IMI
negligence. Owner assumes tile risk of any damage for personal injury or property damage to owner or any third parties if owner continues to occupy the
building/ residence during the course of the work.
Disclaimers: Contractor shall not be responsible for any labor or materials supplied by others on this project, or for any damages arising out of any labor or
materials provided by others oil this project. Contractor cannot guarantee. his work to the extent that it is dependent upon work performed by other
contractors who were not hired by Contractor. Contractor will use its best efforts' but is not responsible for matching any pre-existing concrete' or
'landscaping of Owner. Contractor shall also not be responsible for any earth movement or settlement of Owner's property. 0
Notice to Contractor: If the Owner becomes aware of any fault or defect in the project or non-conformance with the drawings or specifications, Owner shall
give prompt written notice thereof to Contractor.
Bankruptcy: -If either party becomes bankrupt, the other party has the right to cancel this contract.
Mediation: If at any time any controversy shall arise between Contractor and Owner regarding anything pertaining to this agreement or the contract.
documents, and which the parties hereto do not promptly adjust and determine, the controversy shall first be submitted to mediation. The cost of said
mediation shall be borne equally by the parties. If mediation is unsuccessful and the parties do not resolve the dispute in mediation and proceed to litigation,
then the cost of mediation, including attorney"s '-fees shall be -recoverable as accost to the prevailing party in said litigation.
Attorney's Fees: In the event the parties hereto become involved in litigation or arbitration arising out of this contract, or the performance or breach thereof.
the trier of fact shall award reasonable costs expenses and attorney's fees to the -prevailing party. The trier of fact shall not be bound by any court fee'
schedule, and may in the interest of justice, award the full amount of costs, expenses, and attorney's fees incurred in good faith.
GoverningLaw:the laws of the State of California shall govern this agreement, ,
Serving the entire Bay Area since 1989 Copy to Client Client Initials
ETS Inke. Constructi.on
DBA Phatribing
Page 3 of
Limitations: No aketion. of any character, whether at law or in. equity, and whether souncling .in contract, tort or otherWiSe,'an' S'ing TrOm or related to this
contract.1 mor the performance thereof, shall be comenced b either. party against the other more than two years after completion or cessation of work under
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this contract, This limitation shall not be extended by any neglige'nt misrepresentation or unintentional concealment, but shall be extended as provided by
law for willful. fraud, concealment or.misrepresentation.
Termination of Contract: If the work is stopped for a period of 30 clays under an order of any court or other public authority having Jurisdiction, or as a
result of any act of govenirrient, sti-ch as a declaration of a national emergencies making materials unavailable, through rio act or fault. cif the Contractor, its
ernployes or agents, or if the work should be stopped for a period of 30 days by the Contractor because. the owner has not made timely payments to
Contractor as provided herein, or because of Owner's failure to perform or have performed atiy portion of the work which Owner was obligated to perforin,
then Contractor may terminate this Agreement and recover from the Owner payment for all work executed and for any loss sustained ustained upon any niaterials,,
equipment, tools, construction equipment and machinery, including reasonable profit arid overhead and damages. If the Owner tenriinates the contract
Owner ;shall reimburse Contractor for any Unpaid cost of the work due Contractor and-er the cQntnact. Owner shall. also pay Contractor for any loss sustained
upon. any materials, tools, equipment and machinery, including reasonable pro -Fit and overhead and, damages.. In case of such a termination of the contract.
the owner shall further assume and become liable for any and all obligations co'nunitments and unsettled claims that the Contractor.haspreviously
undertaken or ineurred in good faith in connection with said work.
Proof of Pavinent: Owner shall, furnish. reasonable evidence satisfactory to the Contractor, prior to commencing work and at such. future times as may be
required that sufficient funds are available and. committed to
the entire cost of the project. Unless such reasonable evidence is furnished. Contractor is not
require d to commence. or continue any work, or may, if such evidence is not presented within. a reasonable time, stop work upon 10 days notice to Owner,
The failure of Contractor to insist upon the providing of this evidence at any time shall not be a waiver of Owner's obligation to make payments pUrsuant io
this Agreement nor shall it be a waiver 'of Contractor's right to request or insist that such evidence be provided at a later date.
Restoration of Work: If the project is destroyed or damaged by an accident, disaster or calamity, such as fire, storin, flood, , landslide
Z> subsidence, or
earthquake, or by theft or vandalism; any work done by Contractor in rebuilding.or restoring the project shall be paid for by Owner.
Entiretv ofAgreement: This agreement as executed by Owner and Contractor, together with the clocurnents referred to in this Agreement, constitutes the
entire agreement between. the parties with respect to the work hereunder, and there are no oral or written understaiidings,.represetit.ation-s or commitments of
any kind, express or implied not expressly set forth or referred to herein,
Asbestos, Lead, Mold & H.a7ardous Waste.- Unless the contract specifically calls for the removal. of disturbance, or transportation of asbestos, lead or other
hazardous substances, the parties acknowledge that such work requires* special procedures, precautions, and/ or licenses.- Tlierefore, unless the contract
specifically calls for satne, if Contractor encounters such substances, Contractor shall. iminediately stop work- and allow Owner to a duly qualified asbestos,
lead, mold, anctlor hazardous material contractor to perform th.e work or do the work himself. at Contractor's option. Said work shall Ke treated as an extra
under this contract. Contractor is not responsible for pre-existing mold, or for mold. caused by a long-term leak or a -flood, which. were not caused by
Contractor.
Arbitration: Any controversy, claim or dispute arising out of or relating to this contract, or any breach, including without limitation an dispute concerning
9
the scope of this'arbitration clause, shall be settled. by binding arbitration.
Complaint: In case of complaint, the owner may contact Contractors State License Board, at (91.6)255-4183 or P 0 Box 269116 Sacraments}, o, CA 95826-
9116
Owner(s): Contractor
EPS, Inc. dba Express Plumbing
Signature
Date
By
Contractor's License
No, 778428
Serving the entire B.ay Area since 1989 Copy t.(.) Ctient Client Initials
Form W =9 Request for Taxpayer Give Tarim to the
(Rev. October 2007) Identification Number and Certification requester. Do not
Department of ffie Treasury send to the IRS.
Internal Revenue Semee
Name (as shown on your income tax raturn)
CL 0 Bu�inose name, if dWerent from above
0 P[L
aacheck appropriate box: ,[] IndWidual/Solepropdetor Corporation ElPartnershipExempt
0 Limited liability col npany-. Enter the -tax densification P=disregarded entity, C=corporation, P=partnershlp) 0 payee
[] Othar (see Instrueftnq
—Add roes (number, -street, and apt. or.auit
'"o-) Requester's ndma and address(Optionao
a.
30q M,PhJM ousd Town of Los Altos Hills
c1dV
state, and ZIP dod4 26379 Frftont Road
9013 -a I-eQ, CA, 14401 Los Altos Hilts, Cit 94022
Uit account number(s) hek (optional
• 'Tal ager Idontlfi c a t lo n N umber (11M
Enter your TIN In the appropriate box, The TIN provided must match the name given on Una 1 to avoid
backup withholding. For InOividuals,1his 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, s6e./4ow to g6t a 7711I on page 3.
Note. If the account is in more than one name, seethe chart on page 4 for guidellhes; on whose
number to, enter.
Jima Certffication
Social sectwity number
or
Employer Identiftation number
q 4 #11 3 .3 4 ?__ *1 9f I I
Under penalties of pedury, I certify tilat:
1. The number shown on this form is MY correct taxpayer` identification number (or I am wafting for a number 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 0116� that I am subject to backup Withholding as a result ofa failure to report all lnte'r6tt or dividends, or (q) the IRS has
notified the that I am no.long6r subject to backup withholding, and
3. 1 Am a U.S. citizen or other U.S. person (defined below).
Certification Instructions. You must cross out item 2 above if yqu have
been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tak return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellationof debt, contributions to an individual retirement
arrangement (IRA),, andgenerally, payments other than interest and cfividends, you are not required to sign the Certification, but you must
provide ybur correct TIN. See the' Instructions on page 4.
Sign
Here
ISignature of
U.S. persontr
t� �- 2102- 17.
General. Inttruc S
DefintOcin of a U.S. person. For federal tax"
purp6ses, you are
Section references are, the Internal Revenue Code finless
considered a U.S. person 9 ypu are:
otherwise noted.
* An individual who is a U.B. o citizen n r U.S. resident alien,
Purpose of Form..
* A.partnbrshlp, corporation, oompapy, Or association created or'
organized in the United States or under the laws of the United
A person who is required Jo. file an information returh with the
States)
IRS must obtain y6ur correct taxpayer identfficatlon number (TIN)
0 An estate (other than a foreign estate), or
to report, for example, income paid to, you, real estate
transactions, mortgage Interest you paid, acquisition or.
A don-estId-trust (as defined in R'egulatlons section
301.7701-7).'
abandonment of secured property, cancellation of debt, or
contributions you made to an IRASpeciall'rules
for partnerships. Partnerships ihat.conduct a
Use Form W-9 only If you are a U.S. pers . on (Including a
resident alien), to provide your correct TIN to the person
trade or business in the United States are.gerfarally required to
pay a withholding tax on any foreign partnersshare of income
requesting it- (the tequest6r) and, when applicable, to:
from such business. Further, in certain cases wfewe a Form VV -9
has not been received, a paitnership is required to presun"o that
1. Certify that the "nN you are giving* is correct for you are
a partner is'a foreign person, and pay the withholding tax.
wafting for a number to be issued),
Therefore, K you are a U.S, person that is a partner In a
2. Cerfify-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 pafthorship to establish your U.S,
3. Claim exemption from backup withholding if you are a U.S.
exempt pay96. If applicable, you are also certifying that as a
status and avoid withholding on your share -of partnership
income.
.U.S. Orson, your- allocable share of any partnership income from
a U.S. trade or business Is not subject to the withholding tax on
The person who �Ives Form W-� to the partnership for
foreign partners' share of effectively connected Income.
purposias of establishing its U.S, status and avoldlhq withholding
on its allocable share of net income from the partniarship
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
conducting a'trade or business In'the United States is in the
following cases:
substantially similar to this Form W-9.
0 The U.S. owner of a dlsreg�arded entity and not the entity,
Cat. N6. 10231X Form W-9 (Rev. 10-2007)