Loading...
HomeMy WebLinkAboutACE Gutter Cleaning it lJ AGREEMENT THIS AGREEMENT is made and entered into on the day of is Cf`7i°r , 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Ace Gutter Cleaning (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: Remove leaves and debris from roof, gutter & downspouts at 3 Town Hall buildings and clean solar panels 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated September 25, 2015 3. TERMS. The services and/or materials furnished unger this Agreement shall commence /0 797/5— and shall be completed by je/3i , 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 Seven hundred ninety-eight dollars and zero cents ($798.00) 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 Snail four Updated 4/23/10 41► IJ 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 fir v 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 �I0 ri 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: CONTRAC R: Richard Chiu Public Works Director _ Town of Los Altos Hills By 26379 Fremont Road Signatur Date Los Altos Hills, CA 94022 - ids 44g PPcJAts Yet a— Print name,Title TOWN OF LOS ALTOS HILLS: By: Cjr,X, to-�-1015 Carl Cahill, City anager Date Town of Los Altos Hills Page 4 of 4 Short form updated 4/23/10 ACC it Gutter Cleaning P.O. Box 50309 Palo Alto, CA 99303 Tel: 650.630.8500 Fax: 866.299.7328 Work Estimate September 25, 2015 Estimate Prepared For: Richard Chiu Phone No: 650-947-2516 Email: rchiu@losaltoshills.ca.gov Services To Be Performed: Remove leaves on roofs as necessary with leaf blower; remove debris from rain gutters; flush rain gutters and downspouts with pressurized water; auger downspouts as necessary; clean up afterwards. Estimate: Property Site Los Altos Hills City Hall 26379 Fremont Road Los Altos Hills, CA 94022 Gutters& Downspouts(3 Buildings) $649.00 Solar panels $149.00 Total $798.00 Authorization: I authorize ACE Gutter Cleaning to perform the above work, agree to pay the above total amount, and agree to the terms below: Terms:Payment is due in full within 30 days from billing date.Past due accounts are subject to a finance charge of 18%APR. In the event of a delinquent account, collection costs, including reasonable attorney's fees, will be paid by the individual, company, or association authorizing this estimate. Ace Gutter Cleaning holds all valid insurances required by City, State, and Federal laws(e.g. worker's compensation). The Redwood Vista HOA does not have any liabilities to any incidents that may occur to Ace Gutter Cleaning personnel and equipment during performing the project Authorized Agent/Owner Signed Date Please Print Name: A kr N Form W'9 Request for Taxpayer Give form to the Net October 2007) Identification Number and Certification requester.Do not Department of the Irmo" send to the IRS. Intoe.Pawn•Sema Name .•helm on yore ince*tale rata) Buelnem acne,M efferent frau above `o ¢p checkmPVdMWM box: ❑ Ytlwr theta.proprietor 0 caWrsim ❑ peNwrwp emPt C ❑ Limited it ty company.Enter Me to dwifiwEa,n9dw.ga,ed coaly,C.capnatia,,P�wnatup)• ❑ pryn E ❑ Cbarp«iaructime laAddress Immbr.street and apt.Or elite no.) Ratner'•woe est oaken(optional) Tam of Los Altos Hills i may.Ade,.4 ZP code 20379 Fremont Road it Los Altos Hills,CA 94022 Let account rumbe d)Iwo(optional) tb Taxpayer Identification Number(TIN) Enter your TIN In the appropriate box.The TIN provided must match the name given on Une 1 to avoid 204814020027nownil backup withholding.For indidusis,this Is your social security number($Self.However,for a resident alien,sole proprietor,or disregarded entity,see the Part I Instluctlals on page 3. For other entitles,it is your employer identification number(EIN) If you do not have a amber,see How to get a TIN on page 3. or Note.ti the account is in more than ala name,see the chart an page 0 for guidelines on whose Employer Wn4nution number number to enter. Part II Certification Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer Identification'umber(or I am waiting tor a number to be Issued to me),and 2. I 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 ntlect to backup withholding as a result of a failure to report all Interest a dividends,of(c)the IRS has notified me that I am no Longer subject to backup withholding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must cross out dem 2 above if you have been notified by the IRS that you are currently subject to backup withholding because you have failed to repot as interest end 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 art individual retirement arrangement(IRA),and generally,payments other than interest and dvidends,you are not required to sign the Certification,but you rust provide your correct TIN.See the Instructions on page 4. Shan signaa,raM Here us.Penn a bete P General Instructions Definition of a U.S person. For federal tax purposes, you are considered a U.S.person 9 you are: Section references are to the Internal Revenue Code unless •An IndRiduai who is a U.S.citizen or U.S. resklerrt alien, otherwise noted. Purpose of Form organized nn the corporation, rt d Sty'or�under the lor aws of the United or A person who ls required to file an Information return with the States, IRS must obtain you correct taxpayer identification number(TIN) •An estate(other than a foreign estate),or to report,fa example, income paid to you, real estate •A domestic trust(as defined in Regulations section transactions, matgage interest you paid, acquisition or 301.7701-7). abandonment of secured property. cancellation of debt,or Spada piss for partnerships.Partnerships that conduct a contributions you rade to an IRA. trade or business In the United States we generally required to Use Form W-9 only if you are a U.S. person(including a pay a withholding tax on any foreign partners'share of Income resident alien),to provide you cared TIN to the person from such business. Further, In certain cases where a Form W-9 requesting it(the requester)and,when applicable,to: has not bean received,a partnership S requied to presume that 1. Certify that the TIN you are giving is correct(or you are a partner is a foreign person,and pay the withholding tax. waiting fa a number to be issued), Therefore, 0 you we a U.S. person that is a partner In a 2. Certify that you we not subject to backup withholding. or providepartnership oconducting W 9 to ton the�dnership to stablkshe or business in the yaw U.d S ares, 3.Claim exemption from backup withholding R you are a U.S. tatus and avoid withholding on your share of panership exempt payee. If applicable, you ere also certifying that as a Income. U.S. person,yow allocable share of any partnership Income from The person who gives Form W-9 to the partnership for a V.S.trade or business Is not subject to the withholding tax on purposes of establishing Its U.S.status and avoiding withholding foreign partners'share of effectively connected Income. on as allocable share of net Income Iran the partnership Notes If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States Is in the request your TIN,you must use the requesters fam if it is following cases: substantially similar to this Form W-9. •The U.S.owner of a disregarded entity and not the entity, Cat.No.10231% Font W-9 (Rev.l0-2007)