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Home My WebLink AboutSpartan Engineering, Inc.AGREEMENT THIS AGREEMENT is made and entered into on the day of 2014 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and SPARTAN ENGINEERING, 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: 1) Provide yearly fire inspections at Town Hall (four inspections) 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: jA-1 Proposal from CONTRACTOR dated February 28, 2014 3. TERMS. The services and/or materials furnished under this Agreement shall commence 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 One thousand eight hundred forty-three dollars and sixty-seven cents ($1,843,67) 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 satisfa * ctory 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. TOWNwill not accept or compensate CONTRACTOR- for incomplete goods/services. ti Town of Los Altos Hills Page I 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 3Q 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 H i I Is 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 o -r 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 aro 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 par -ties without prior written conse:nt -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 4123f10 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 COORDUNATOR and representative for TOWN: CONTRACTOR: Richard Chiu Public Works Director Town of Los Altos Hills By: /v 0 � �� 3��`'�� 26379 Fremont Road dfg-nature Date Los Altos Hills, CA 94022'A -r- / 'Y Zliq /Zov 4 41 'Print name, Title TOWN OF LOS ALTOS -H ILLS: it i /ILI 1210, By: IL4 Carl Cahill, City Manager ' ' DA Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 Page A PANOv.r."k TA Propo sal 004492 rr(A ENGINE ERIN 11 C 0 r P 0 ra. t cl� d Sales Rep: Don Veronda ........ ......... ... est.. 19 6 0 .. ....... .... ... .. ......... ........................ . . ........... .... .......... ...... ............... .. ........ . .. . . .... .. .... .... . . . .. . 800.464.0560 P 408-993,0560 f 408-292.8887 LIG# 38323'.) ACotL 3;o4 Original Proposal Date: 02/28/14 . ......... .... ...... ...... ..... . ... .... .... ........ . ....... ..................... ......................... ........... ....... ... . ..... ..... 510 PARROTT STREET #6, SAN JOSE, CA 95112 WWW.SPARTANENGINEERING.COM Print Date: 2014/02/28 CLIENT: TOW01 RICHARD CHIU PROJECT: 34147 TOWN OF LOS ALTOS HILLS FIRE INSPECTION SERVICE 26379 FREMONT ROAD LOS ALTOS HILLS CITY BUILDING LOS ALTOS HILLS, CA 94022 26379 FREMONT ROAD LOS ALTOS HILLS, CA 94022 P H N (660) 947-2616 FAX (650) 941-3160 Prices listed are valid for 30 days unless otherwise noted. --- We propose to provide the yearly fire inspections at the Los Altos Town Hall. This service consist of two quarterly, one semiannual and one annual inspections. The proposal price is for one year of a three year agreement. Each year paid in advance. Along with the inspections our price includes the required battery replacement during the three year period. Upon our first inspection, which will be the yearly inspection we will provide a report indicating the operational status of your system. This report will include repair recommendations which would normally be done at additional charge on a T&M basis. Fire Alarm TOTAL BID: 11843.67 $1)843.67 Changes in the above system(s) involving extra costs of material and or labor, will be executed only on written change orders. Change orders must be counter signed by both parties and will become an extra charge over the sum mentioned above. All of the terms of this proposal shall be incorporated as an integral part of any contract or agreement based on this proposal. Time and materail change orders to the original contract will be billed at our standard mark-ups and currently published labor rates Unpaid balances over 30 days and any collection costs including attorney fees,are subject to 1-1/2% monthly service charges I THIS PROA9SAL IS VOID IF NOT A CCEP TED WITH IN 30 DAYS Proposal Accepted by: TOWN OF LOS ALTOS HILLS RICHARD CHIU tow, Title Date Jon Formw=9 (R -ay. October 2067) Department of the Treasury Internal Revenue Service I Nakie (as -shown -on C\i (D. C .0 .0 CL A Re -quest for Taxpayer Give f orm to the Identification Number and Certification -send re-quester, Do not to the IRS. .tax =return) e -",j name, ;if differe.htfrom above Check.appropriate boy.: Ej Ind ivid ual/BoI6.proprletor ��Corporatlon F1 Partnership Exempt El Limited liability company.. Ehter the tax classification (0=dlsrogorded entity, C=corooratlon, P=partnership) )0 -------- E] payee El Other (see instructions) 10- Address number, stryq7aNd.,apt. or suReiw4j. A 11eque6ter-s name and address -(qpflonal) and ZIP List WdO.Unt:number(s) :here Utional) Ttix-pay.or ldentiftoti-W'Nu Town of Los., Altos Hills 26379 Fremont woad Los A 11tos Hillsr CA .9402-2 -Enter Your TIN in tho.,qppropf"Jete box.; The TIN provided -in nn * List. match the, name given -on Line. 1 to, avoid Soolal .-mc."rity numberbackop Withholding. For -Individuals, fills 1S'YOUr.social sacUr-ity. Miniber (5SN),. However, for:a rps!Oent alien,. solo proprietor, or disregarded ientity,,see, the Part I i%trLl0ti011S on paga 3. -For. other -entities, it Is Your -employer -identification number .(EIN). If you do :not have a number, see. -How to -get a'77N on page 3. or Noto..If the account is in more than one name-, see, the ohart-.on.page A for.gUidelines on whose t I yer 0 Afle0flor 'rq4ni number -to enter.. KOTij I I Ger-tification Under penalties of:perjury, I certify that: I . The number -shown -oil this form is -my correct taxpayer idigntification.-IlUmbar (or I am weilting for a IlLimbee to be issued to me), and 2. 1 am not subject to backup withholding becausey. (a) lam exompt frorn:backUp withh6lding, or (b) I have not .been notified by the Internal Revenue SerV!'oe *(IRS) that I am sLibject to :backup WitI111010111g as a *r0.sLIlt of "i failure to report all Interest or dividends., of (c) the IRS ha's notified.,mb, that I am no I.ong'ar Subject to backup Withlibldin.g, and 1 1 am a U.S. citizen or other U.S. person(defln-ed belay). Gertiffoation Instructions. YOU must cross OW item 2 above 'if you have been notified :byythe IRS that you are 'currently -SObject.-to badkUp Withholding -because YOU .have -failed to report all' interest and -dividends -on YOQr tax .reftirn. For real estate transactions, iter 2 -does 11.0t 'apply. For inortgage, Interest -paid, '80CILOSItion or Abandonment Of Secured property, cancellation of -debt, contributions tO -all IndividUal relirernent. -arran,gernent (IRA)., andgeneral , payments other than inters t and dividends, you are not required to -sign the Certifisation- M but YOU et provide your correct 'TIN.,$ee. t61 IiistrUctibns on pa& 4. Sign Signa re I U.S. per ---111* Date 0- Of Here(IA(l K General Insfr.luct'i.ons Section references are to the Internal Revenue Code unless otherwise noted. -Purpose of Form A -person who is required to file an information return with the IRmust obtain your correct -taxpayer' IdO nt IfIcatio n -nu m... bor (TIN.) to report, -for example, income paid to. you, real estate transactions, interest you paid, acquisition or abandonmefrit .of -secured property, cancollotion of debt, or contributions you made -to all IRA. Use Form W-9 only, if you are a. U.S. person .(Including a resident alien),, -to :provide -your correct TIN to the person requesting -it (the requester) -and, when applicable, to: 1. CartlfythaA, the TIN you -are givlhg Is. correct for you are weift-Ing for number to be issued), 2. Certify, that. -you, are not subject to -backup withholding, or 3. Claim oxemptlbn from -backup ,wJ1hhoI -ding if -you are a. U.S., exempt Pstyea. If applicable, 0 -able, you are also certifying that .as, a 'U.S. persom. your allocable share of any -partnership income from a U.S. -trade or -business is not -suble-ot to the withholding tax on forelon -partners' share -of effectively . ,connected Income.. Note. If a requester gives -you -a form other than Form W-9- to request your TIN, you :rust use the requester'b form If it is substantially similar to this Form W-9. Definition of a U:S. person. -Flor feral 'tax purposes, you are considered a U.S. person if you bre: t 0 An Individual who is a 1U:.$-. ,citizen or 'U.S. resident alien, * A :partnership-, corporation, company, or association .croated or organized In. Tho United States or under ffio laws of the .United # An -estate (other than a foreign estate), Or # A domestic .trust.(as defined in Regulations section 301,7701.:7), special rules for partnerships. Partnerships that conduct a trade or business in the United -States are generally required to. pay a withholding tax on any foreign parthb.rs' shire of Income. from such business. Further, In -cert-Wn Oases where .a Form W-9 has not been received, a partnership is required to -presume that a partner is a. for,0g n 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 busin'eas 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 Forrn'W:g to the partnership* for purposes of establishing its U.S. status and avolding withholding on its allocable. share of net Income from the -partndship. conducting a -trade or business in the United States is. in the, killowing cases: o The U.S. owner of a disregarded entity and not -tho entity, Cot. No. 10231X Form W-9 (Rev. 1.0-2007) PARENC OP ID: NA CERTIFICATE OF LIABILITY INSURANCE DATE (MMIDONYYY) 04/10/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT; if the certificate holder is an ADDITIONAL INSURED, the policy(les) must be endorsed, If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights t0 the certificate holder in lieu Of such endorsement(s), PRODUCER Archway-Micor Insurance Broker License #0002953 1731 Technology Dr., Suite 250 San Jose, CA 96110 CONTACT PHONE FAX A/C No Ext), Air: No): E-MAIL ADDRESS; INSURER AFFORDING COVERAGE NAIL # Corwyn Foos INSURER A., Navigators Insurance MSURr D Spartan Engineering, Inc. INSURE K 15; Peerless Insurance Company 24198 Tara Veronda 510 Parrott Street #6 INSURER C: State Compensation Ins. Fund INSURER D; San .dose, CA 95112 INSURER E INSURER F: SF12CGLO1880101 COVERAGES CERTIFICATE NUMBER.: RFVIS1 ' M MI JI IRPP THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE. INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTfVITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TQ WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INS, LTR 'TYPE OF INSURANCE AI�DL SUGAR POLICY NUMBER POLICY EFF MMIDDNYYY POLICY EXP MMJDDJYYYY LIMITS OENERAI LIABILITY EACH OCCURRENCE $ 11000,000 A X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR SF12CGLO1880101 07101/2013 0710112014 DAMAGE TO RENTED PREMISESEa occurrence $ 6%000 MED EXP (Anyone person) $ 51000 PERSONAL & ADV INJURY $ 15000,000 UPI) Oed $2,500 PER OCCURRENCE Per Project GENERAL AGGREGATE $ 27000,0+00 CAPPED AT $5 MIL GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCT$ - COMPIOP AGG $ 25000t000 POLICYFx]PRO-F-1 LOCJECT $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea accident $ 110007000 BODILY INJURY (Per person) $ B X ANY AUTO BA8778886 0710112013 07/0112014 ALL OWNED SCHEDULED AUTOS AUTOS NOWOWNED HIRED AUTOS AUTOS BODILY INJURY per accident $ __ ) W� PROPERTY DAMAGE $ PER ACCIDENT $ UMBRELLA LIAB ,DOUR EACH OCCURRENCE $ AGGREGATE $ EXCTw SS UAR CLAIMS-MADE..^T 1 -DED RETENTION $ $ C WORKERS COMPENSATION] AND EMPLOYERS' LIABILITY YIN ANY PROP RIETORIPARTNERIEXECUTIVE1970208'13 OFFIGFR/MEMBER EXCLUDED? � (Mandatory In NH) Ir yes, desorlbe under OF OPERATIONS below N { q 07/0112013 0710112014 xINC STATU- 0TH - T RY LI TS I I E F.L.EACH ACCIDENT $ 150007000 E.L. DISI=,ASE - EA EMPLOYEE $ 13000,000 110005000DESCRIPTION El, DISEASE � POLICY LIMIT $ DFISCRIPTION OF OPERATIONS t LOCATIONS 1 VEHICL5S (Attach ACORD 101, AddItIonal Remarks Schedule, If more space Is required) ALL OPERATIONS Town of Los Altos Dills is Additional Insured as respects to General Liabilli ty per the attached CC2033 7/04 and. CG2037 7/04 endorsernents . CERTIFICATE HOLDER CAKIr'IFI I AT10K] TOWNOFL SHOULD ANY Or THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE TOWN OF LOS ALTOS HILLS THE EXPIRATION DATE THEREOF, NOTICE WILL BE [DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 26370 Fremont BIvd, Los Altos, CA 94022 AUTHORIZED REPRESENTATIVE 01088-2010 ACORD CORPORATION, All rights reserved. ACORD 25 (2010105) The ACORN name and logo are registered marks of ACORD