HomeMy WebLinkAboutAble Underground Construction, Inc (2)AGREEMENT
THIS AGREEMENT is made and entered into on the z _; day of ","q r, 2008 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Able Underground Construction Inc. (hereinafter referred to as "CONTRACTOR"). In
consideration of their mutual covenants, the parties hereto agree as follows:
CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Storm drain repair/improvement at Little League Field
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated April 15, 2008
3. TERMS. The services and/or materials furnished under this Agreement shall
commence April 21, 2008 and shall be completed by April 25, 2008, 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 and seventy dollars and zero cents ($3,670.00) within thirty-five (35) days
following 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
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:
WORKERS COMPENSATION INSURANCE: Minimum statutory
limits.
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: CONTRACTOR:
Richard Chiu, Jr.
City Engineer/Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Not to exceed $15,000 per fiscal year
Updated 3.17.08
By: 5
Sig ature Date
(2- L-C--_�j 0 ,
Print name, Title
TOWN OF LOS ALTOS HILLS:
By: C,D L�A 4�/OF
Carl Cahill, City Manager Date
Page 4 of 4
Form
-9
Request for Taxpayer
Give form to the
(Rev. October 2007)
Identification Dumber and Certification
requester. Do not
Department of the Treasury
Internal Revenue Service
Send to the IRS.
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❑ Limited liability company. Enter the tax classification
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Exempt
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Town of Los !Altos Hills
26379 Fremont Road
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Los Altos Hills, CA 94022
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List account number(s) here (optional)
I ixpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on Lille 1 to avoid Social junity.nnuumber
backup withholding. For individuals, this is your social security number (SSN). However, for a resident t%'✓ 1 J �/
alien, sole proprietor, or disregarded entity, see the Part I instructions oil page 3. For other entities, it is
Your employer identification number (EIN). If you do not have a number, see Now to get a TIN on page 3, or
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter.
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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 from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding, aqd
3. 1 am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed toreport est and dividends on Your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, ac isition ora ndonme t of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and ge ally payment other thainterest and dividends, you are not required to sign the Certification, but you Must
provide your correct TIN ee tl'4 instructs ns on i3acit 4. / i
Sign Si9 nature f
Here U.S. person , / Date ► 17i
General Instructions
Section references are to the Internal Revenue ode unless
otherwise noted.
Purpose of Form
A person who is required to file an information return with the
IRS must obtain your correct taxpayer identification number (TIN)
to report, for 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 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. Certify that the TIN you 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
substantially similar to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S, citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United
States,
• 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 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
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 on your share of partnership
income.
The person who gives Form W-9 to the partnership for
purposes of establishing its U.S. status and avoiding withholding
on its allocable share of net income from the partnership
conducting a trade or business in the United States is in the
following cases:
• The U.S. owner of a disregarded entity and not the entity,
Cat. No. 10231X Form w-9 (Rev. 10-2007)
P.D. Box24819
San Jose, California 95154
Office (408) 377-9990
r Fax (408) 492-1008
PROJECT: STORM REPAIR PROPOSAL
Customer
Name
TOWN OF LOS ALTOS ATTN; JOHN & JIM
Address
PURRISSIMA & VISCIANO (BASEBALL FIELD)
City
TOWN OF L_A.H_ State CA ZIP 940222
Phone
WK 650-941-72222 FAX# 650-941-3160
KE
28
Mise
Date 4/15/2008
Order No. AC -08_-173
Rep RSH ---
FOB N/A
Description Unit Price TOTAL
SCOPE OF WORK: STORM REPAIR
ABLE TO PROVIDE STEEL. PLATE. RENTALS FOR VEHICULAR
TRAFFIC.
ABLE TO EXCAVATR AND TRENCH 28 LINEAR FEET OF 6" SDR 26 '
WITH 6" OF CL 2 AB BEDDING. AS PER DRAWING,
ABLE TO FURNISH & INSTALL. H2O LOADING BOX W/ OPEN GRATE
BIKE FRIENDLY CHRISTY,-:1J-21 12" BOX -M.112" A 6;''_,EXT. -
INSTALL 2-1" WEEP. H(jLE.S';;�� XJ CdNC�2.� FL;;`60P
6" DRAIN ROCK UNDEF' x;'ONLY:'',_;:.`
ABLE TO REMdVE EX1S p%IV 'PLUM :� G t 16 K FURNISH 1f�ID
INSTALL N
EWV:l3X8X XE :. IA( .tS AN
DETAILS:
ABLE MENARE CERTIFIED IN TRAFFIC CONTROL (M.U.T.C.D.)
AND WILL HAVE A SAFETY SUPERVISOR ON SITE THROUGH
OUT THE ENTIRE.PROJECT.
Subtotal $ 3,670.00
TERMS: _ _
Name ABLEIG.W_. GILBERT / ACCT REP
Expires NIA -- - - --
TOTAL
- BE— - 0--
.- _._.._.-_ -.. . 1.73.._._....__._._........ -- - ---
ID NO. AC -8
THANK YOU FOR CHOOSING ABLE UNDERGROUND CONSTRUCTION
Underground Constructlon: Septic - Sewer • Storm • Water - Excavated & Installed Septic. Systems: Designed - Installed
Repaired - Pumped - Inspected Plumbing Sewer & grain. Line Cleaning • Rodding - Repaired - Replaced, Residential & Commerclal
Vacuum; Septic - Sewer - Storm • Grease Traps/Interceptors Hydro Flushing. Sewer • Storm - Maintenance - Public Works - OVerfloty
& Spill R6sponseA Main Line Stoppages Pipeline Video Inspection: 2" To 72" Pipeline Inspection - Line Locating -Detailed Reports
With Digital Photos Certified: Confined Space Entry • Traffic Control • Trench Safety Complete 24 Hr. Emergency Service
P, 0, Box 24819
San Jose, California 95154
Office (408) 377-9990
/ Fax (408) 492-1008
PROJECT: STORM REPAIR TERMS
CUSTOMER
NAME
TOWN OF LOS ALTOS HILLS / JOHN & JIM
ADDRESS
_
PURISSIMA & VISCIANO (BASEBALL FIELD)
CITY
LOS ALTOS HILLS STATE CA QIP
PHONE
Wk# 650-941-7222 FAX# 650-941-3160
MISC
DATE 4/15/2006
BID # AC -08-173
SITE REP RSH
OFFICE REP N%A
IIIIV YIV V/\VI-VVVV IIIV I VVVV�II\V.
ALL ENGINEERING, PERMITS, FEES, SURVEYING,. FIELD`�TAKIN.6 .SOIL TESTING, REPAIRS OF ANY
UNMARKED LINES (GAS, WATER, TELE#hOh, CABLE, ELECTRIC, SPRINKLER; ETA`,).,
COST FOR ANY REPAIRS OF,UNMARKED LINES WILL BE PAYABLE AT TIME & MATtRIAL RATES
ALL CONCRETE AND/OR ASPHALT (OTHER THAN SPECIFIED IN THE SCOPE OF WORK)
IF ROCK IS FOUND, AN ALTERNATE METHOD -MAYBE AP,PLIGABLE. ,- F;APPLICABLEr,ADDITIONAL
CHARGES MAY BE INCURED. PLEASE S1rl ; lflfi'STANCH?'I 'I ;I i�r`I'E;&iET FOR }�45ID
bltbNAL COSTS.
::.
CHANGE ORDERS
ANY ALTERATIONS OR DEVIATIUNS �Ao Y'Hi PRC�W�J"�PllLi"INV f7L�ifNG ADdffi.CgNAL MATERIAL AND/OR
LABOR WILL BE EXECUTER:Id 'I' INA N CFIAf bE�ii?91 D f FiND;WIUIG O.ME AN ADDITIONAL
CHARGE OUTSIDE THE:ORIGIIVAL PRO Y t L' C0 7 ' 1WV Abdf- t�tVAL DOWN"tfMr= CREATED BY A
CHANGE ORDER WILL BE PAYABLE BY �ffAA i . b.?r 2, :'J� A! tRIALS RATES.
PAYMENT TERMS: : .
10% DEPOSIT, 40% PROGRESS PAYMENT, 50%FINAL PAYMENT DUE UPON COMPLETION.
-PAYMENT MUST BE MADX AS OUTLINED. FINAL PAYMENT IS DUE UPON PROJECT COMPLETION, NOT
FINAL INSPECTION. ALL CHANGE ORDERS ARE DUE UPON RECIPT OF INVOICE -
BY SIGNING BELOW YOU ARE ACCEPTIWO�Tkt,, PROPOSAL AN1D,AGREE.T0!ALL CONDITIONS & PAYMENT TERMS.
PRINT NAME: _ DATE:
CONTRACTOR SIGNATU E:
-1
SIGNATURE:
THANK YOU FOR CHOOSING ABLE UNDERGROUND CONSTRUCTION
Underground Construction: Septic • Sewer, Storm � Water - Excavated & Installed Septic Systems; Designed. Installed
Repaired - Pumped - Inspected Plumbing Sewer & Drain: Line Cleaning • Rodding • Repaired • Replaced, Residential & Commercial
Vacuum: Septic - Sewer - Storm - Grease Traps/interceptors Hydrn Flushing: Sewer • Storm • Maintenance - Public Works • Overflow
& Spill Response .A Main Line Stoppages Pipeline Video Inspection: 2" To 72" Pipeline Inspection • Line Locating • Detailed Reports
With Digital Photos Certified: Confined Space Entry, Traffic Control,, Trench Safety Complete 24 Hr. Emergency Service