HomeMy WebLinkAboutRepublic ITS (2)AGREEMENT
THIS AGREEMENT is made and entered into on the&"3-6fed\ay ofV,01 I by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and Republic ITS (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:
Perform level foundation and reset traffic signal pole at the
northeast corner of El Monte Road & St. Nicholas School
2. EXHIBITS, The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated January 10, 2011
3, TERMS. The services and/or materials furnished under this Agreement shall
commence i &Af I i k and shall be completed by o2,/d-18 unless terminated
pursuant to 4ction 5ft
4. COMPENSATION. For the full performance of this Agreement-,
a. TOWN shall pay CONTRACTOR an amount not to exceed Three thousand eight
hundred dollars and zero cents ($3,800.00) 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 4123/10
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:
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
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills Page 2 of 4
,short form
Updalad 4123110
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
Shorl form
Updalad 4123M0
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
Town of Los Altos Hills By:
26379 Fremont Road "---it-gnature Date
Los Altos Hills, CA 94022 A V?
Print name, Title
TOWN OF LOS ALTOS HILLS.
By. C"e'
'jJ0 -,o- zo//
Carl Cahill, City Manager Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4123110
January 10, 2011
.John Chau
Town of Los Altos Hills
26379 Fremont ltd.
Los Altos Frills, CA 91022
Job Narne: EL MONTE RD & NICHOLAS SCHOOL - LEVEL FOUNDATION & RESET POLE
.Job Location EL MONTE RD & NICHOLAS SCHOOL -NORTHEAST CORNER
Bear Mr. Chau:
During our, monthly maintenance of your traffic signals on December 20, 2010, we found the traffic signal pole
at the Northeast corner, of El Monte ltd. & Nicholas School leaning. We recommend realigning this pole to level
position. It appears the foundation is still intact and the pole can be reset by adjusting the existing anchor, bolts
per Caltrans specifications.
We offer to perform the following services based on our standard terns and conditions:
Close part of the west bound lane of Voorhees Dr, and the east bound lane of El Monte Rd. Remove any traffic
signal wiring connected to the pole. Lift the existing traffic signal pole, Modify the existing anchor bolts such
that the pole will be level, Reset the existing pole as needed. Ensure pole is level. Grout pole foundation.
Reinstall necessary wiring.. Check to make sure that the traffic signal pole is operational.
TOTAL LABOR, MATERIALS & EQUFPA4ENT... $ 3,800.00
`Note: Quote is assuming foundation is intact. There will be an additional $2,000 for removing and replacing the
old foundation if necessary—
)"bis offer shall expire 90 days from the date hereof and may be wididrawn by us at any time prior thereto with or widaout notice This
offer supersedes any prior offers, commitment or orders, contains all terms, conditions and wannantics and wlrcn accepted, constitutes the
entire contract between the parties The resulting contract shall not be modified except by formal written amendment. This offer shall be
accepted by delivery to us ora copy of Ibis offer duly signed by you in die space provided
The foregoing offer is hereby accepted this day of , 2011,
CITY OF LOS ALTOS REPUBLIC ITS
Owen Villar
Title: Project Coordinator
(415) B84-3000 • (415) 884-4800 - 371 [lel R4arin Keys Blvd • Suite 200 * Novara, CA 94949
13m4ton • DaIlas - 1•Iouxton • Los Angeles lvliami Philadelphia
1'11aenix • Sacramento San Diego San Francisco • San Jose
i
Republic
ITS
Intelligent
Transportation
M.
Services
January 10, 2011
.John Chau
Town of Los Altos Hills
26379 Fremont ltd.
Los Altos Frills, CA 91022
Job Narne: EL MONTE RD & NICHOLAS SCHOOL - LEVEL FOUNDATION & RESET POLE
.Job Location EL MONTE RD & NICHOLAS SCHOOL -NORTHEAST CORNER
Bear Mr. Chau:
During our, monthly maintenance of your traffic signals on December 20, 2010, we found the traffic signal pole
at the Northeast corner, of El Monte ltd. & Nicholas School leaning. We recommend realigning this pole to level
position. It appears the foundation is still intact and the pole can be reset by adjusting the existing anchor, bolts
per Caltrans specifications.
We offer to perform the following services based on our standard terns and conditions:
Close part of the west bound lane of Voorhees Dr, and the east bound lane of El Monte Rd. Remove any traffic
signal wiring connected to the pole. Lift the existing traffic signal pole, Modify the existing anchor bolts such
that the pole will be level, Reset the existing pole as needed. Ensure pole is level. Grout pole foundation.
Reinstall necessary wiring.. Check to make sure that the traffic signal pole is operational.
TOTAL LABOR, MATERIALS & EQUFPA4ENT... $ 3,800.00
`Note: Quote is assuming foundation is intact. There will be an additional $2,000 for removing and replacing the
old foundation if necessary—
)"bis offer shall expire 90 days from the date hereof and may be wididrawn by us at any time prior thereto with or widaout notice This
offer supersedes any prior offers, commitment or orders, contains all terms, conditions and wannantics and wlrcn accepted, constitutes the
entire contract between the parties The resulting contract shall not be modified except by formal written amendment. This offer shall be
accepted by delivery to us ora copy of Ibis offer duly signed by you in die space provided
The foregoing offer is hereby accepted this day of , 2011,
CITY OF LOS ALTOS REPUBLIC ITS
Owen Villar
Title: Project Coordinator
(415) B84-3000 • (415) 884-4800 - 371 [lel R4arin Keys Blvd • Suite 200 * Novara, CA 94949
13m4ton • DaIlas - 1•Iouxton • Los Angeles lvliami Philadelphia
1'11aenix • Sacramento San Diego San Francisco • San Jose
Form
Request for Taxpayer
dive farms to the
(Rev. October 2004)
Identification Number and Certificationrequester.
Do not
Department
of the Treasury
send to the INS
Internal
Revenue 5elvic;e
ci
Name (as reported on your Income tax return)
REPUBLIC INTELLIGENT TRANSPORTATION SERVICES, INC.
C-
Business name, if different from above
c
0
= o
Z, llj-
Individual/
Check appropriate box: ❑ Sole proprletor ® Corporation ❑ Partnership ❑ Other
Exempt from backup
❑ withholding
----- _ _ _ _ __ _ _ _ __ _ _
Address (number, street, and tt.g o®r(psuite
Requester's narne and
address (optional)
ya
+nop..)^�� /qjg
371 BEL AKIN KEYS S BL 1ED., SUI 8 E 00
SUITE
City, state, and ZIP code
v
a
NOVATO, CA 4949-5699
WList
account number(s) here (optional)
0
U)
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 is your social security number (SSN). However, for a resident I _I._ �_.�_��
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, see Now to get a TIN an page 3. or
Note. If the account is in more than one name, see the chart on page 4 for gulclelines on whose number Employer identification number
to enter. 18 10 12 17 16 1 7 12 17 I
iF.MMM
Under penalties, of perjury, I certify that:
1. The number shgwn on this fond 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, and
3. 1 am a U.S, person (including a U.S. resident alien).
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 to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See t1piZJnstructions on page 4.)
Sign Signature of / p
Here U S hereon'`' Gate 0- WAPA/
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.
U.S. person. 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.
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.
For federal tax purposes you are considered a person if you
are:
an individual who is a citizen or resident of the United
States,
a partnership, corporation, company, or association
created or organized in the United States or under the laws
of the United States, or
any estate (other than a foreign estate) or trust. See
Regulation section 301.7701-6(a) for additional information.
Foreign person. If you are a foreign person, use the
appropriate Form W-8 (see Publication 515, Withholding of
Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien.
Generally, only a nonresident alien individual may use the
terms of a tax treaty to reduce or eliminate U.S. tax on
certain types of income. However, most tax treaties contain a
provision known as a "saving clause." Exceptions specified
in the saving clause may permit an exemption from tax to
continue for certain types of income even after the recipient
has otherwise become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an
exception contained in the saving clause of a tax treaty to
claim an exemption from U.S. tax on certain types of income,
you must attach a staternent that specifies the following five
items:
1. The treaty country. Generally, this must be the same
treaty under which you claimed exemption from tax as a
nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that
contains the saving clause and its exceptions.
Cat. No. 10231X Form - (Rev. 10-2004)