Loading...
HomeMy WebLinkAboutSV Electric (2)AGREEMENT Ir THIS AGREEMENT is made and entered into on then day ofAd, Y 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and SV Electric (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: Furnish and Install 70A sub panel in electrical room or server room and install 2-30A circuits to supply 2 L5 -30R receptacles. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated July 9, 2015 3. TERMS. The services and/or materials furnished under this Agreement shall commence '7..,/S-- i 5'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 three thousand six hundred seventy dollars and zero cents ($3,670.00) 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. $1,000,000.00 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 4/23/10 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 form 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 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 '7 -- Town of Los Altos Hills By: -lo 15 26379 Fremont Road Signature Date Los Altos dills, CA 94022 Print name, Title TOWN OF LOS ALTOS HILLS: By: Cir'"I Cahill, City anager Dafe Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 SV Electric Lie, 867642 16840 San Benancio Way Morgan Hill, CA 95037 408-712-0433 Name / Address Richard Chiu City Engineer City Of Los Altos Hills 650941-7222 650-947-2516 cell fiax:650-941-3160 Date Estimate # 7/9/201.5 2013-0773 Project Description Qty Cost Total Labor-, Install 70A sub panel in either electrical room or server room and histall 2- 30A circu-its to to supply 2 L5 -30R receptacles Materials: 200,00 790.00 2P880,00 790,00 Total $3 670.00 Fon11WW9 Request for Taxpayer (Rev, October 2007) Identification Number -and Certification Departlflfflt or the Treasury Intwniql Revenue 80i'ViCE) 0 OP 0 CL 0 W Name (as shown on your income tax retLirn) V:,' BUSIness name, if different from above Give form to the requester. Do not send to the IRSIN Check appropripte box: E1 Inclividual/Sole proprietor Corporation ❑ Partnership Ex�mpt El Limited liability company, Enter the tax classification (D=d1sre9arded entity, C=oorporetlori, P=.partner-ship) OP- payee -Other (see instructions) 0,*- Addrew (number, street, and apt, or suite. no.) Requester's name and address, (optional) Of�_ Town of Los. Altos Hills. City, Mate, and ZIP code 14r t ( I C ja_ ....... .... 9so List aQcount number(s) here (optional Taxpayer Identification Number I Los. -.Altos H11.11sy M 94022 Enter YOUr "rlN in the -appropriate box, Tile TIN provided rnLlSt M.atoh the iiarne given on Line I to avoid Social security number backup withholding, For individuals, this is YOL11' social security number (�.SN), However, for a resident alien,. sole proprietor, or disregarded entlty,.sea the Part I instructions on page 3. For other entities, it is . .... ..... your employer identification number (M), If YOLi do not have a nUmber, see How to got a TIN on page 3. or Note, If the account is in more than one narne, see the chart on page 4 for gLlidelinOS 011 W1108e Employer identification number 11LIMber to ,enter. Certification Under penalties Of perjury, I certify that: 1, The number shown on this forin is my correct taxpayer identifioatfon number (or I am waking for a number to be, issued to me), and' 2, 1 am not subjqot to bai.okmp withhol-ding because:. (a) I -am 'exempt from ba-'ckup withholding, or (b) I have. not. been notified by the Internal ReVeJIL19 SerAde (19.$) that I ttM SL1bj9Gt to b,ack.pp withholdilIg as 8 result. of a failure to report all intere.8t or dividends, or (c)the IRS has notified me that I orn no longer -8Qbjeot to backup Wlt'111101dillg, and' 3, 1 am a U,S. citizen or other U.S. person (defined b�low-), Cortiffoatiori Instructions. YOU MUSt cross out. item 2'-abave if you have been notiffed by the IRS that YOU are -currently subject to backup withholding beoause yoLj have failed to report all lntereqt and dividends on Your tax return. For real estate, transactions, itern 2 does not -apply. For mortgage interest paid, aCCIL1181t[On or abandonment of 8-GOUred property., cancellation of debt, contribLitiOnS to an individual retIrerneint, arrang'ement (IRA), and generally, -payments other than interest and dividends, You Eire not rOqUired to sign the Gortification, but you. must pro -Vide your oorrect TIN. 6,se the; instrLICtion-s on page 4. sign Sigmatum of Here I U.S, person 0,, General Instructi o"Ins Section references are to the Internal Revenue Code. unless otherwise noted. Purpose of For. A person who is required .to file an information return with the IR $ must obtain your correct taxpayor idontifloation number (TIN) to report, for example, income paid to you., real estate tranoactions, martgago interest you paid, acquisition or abandonment. of -secured property, cancol.lat'lon of debt, or contributions you made to an IRA, Use Form W-9 only 'if you are. a UoS. person (including a resident alien), to provide your correct TIN to the person requesting It (the requester) and, when applicable, to: 1. Certify that the TIN you are giving is. correct (or you are waiting fora number to be Issued), 2. Certify that you are not subject to backup with -holding, or 3. Claim exemption from backup withholding if you are a U.S. exornpt,p.ayee. If applicable, you are also certifying that as a U,S. person, your allocable sharp of any partnership inconio from. a U.S, trade or business Is not subject to the withholding tax on foreign partners' share of offoctively connected income, Note. If ea requester gives you.a form other than Form W-9 to request your TIN, you must use the requester's form if it is substantially similar to this Form W-9. 41� Date 0- 17-40" 'r— Definition of a U.S,, person. For federal tax purposes, you are -considored a U3. person if you are: 0 An lWividual who is a U.S. citizen or U.S. rosidoht al.ion, # A partnership, corporation, (-,, ornpany, or, association oreated or organized in the United Stat -Gs or und6r the taws of the United o An estate (other than a foreign estate), or * A domestic trust (�s defined in Regulations section 301-7701-7). Special arm os for partnerships. Partnerships that conduct a trade or business in the Unitod States are goneratly requirI90 to pay a withholding tax on any foreign partners' share of in -come from such business, Further, In certain cases where a Form W-9 has not been received, a partnarship is required to presume that a partnor is a foreign person, and pay the ,withholding tax. Therefore, If you are a U.S, person that is ;a partner in a partnership 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 an your sh-are, of partnership income. The person who gives Form W-9 to tho partnership for purposes of establishing its U.S, st-atus 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 oases: The U.S. ownor of a dlsrGgardo*d entity and not the entity, Ciat, No, 10231X Form (Rev, 10-M07)