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HomeMy WebLinkAboutAce Gutter Cleaning (2) AGREEMENT THIS AGREEMENT is made and entered into on the?m4 day of 3 ctiraae201A by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to es "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 on roofs; remove debris from rain gutters; flush rain gutters and downspouts with pressurized water; auger downspouts as necessary and clean up afterward for three buldings at Town Hall. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated December 11, 2013. 3. TERMS. The services and/or materials furnished under this Agreement shall commence i /6�/�/ and shall be completed by 1/17//4 , unless terminated pursuant to Section F(f). 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed six hundred forty-nine dollars and zero cents ($649.00) 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 Shod form Up0ated 5/23/10 �0 ri 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 N 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 Shan loon Updated 4/23110 411110 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: CONTRACTOR: Richard Chiu Public Works Director Town of Los Altos Hills By: 02, p /7 .2 JR 26379 Fremont Road •gnature Date Los Altos Hills, CA 94022 p RW<e_ n /Print name,name, Title TOWN OF LOS ALTOS HILLS: By: C-6..J2. Ca i21111 2-°13 Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 SMO form Updated 4rz3/10 V AGr Gutter Cleaning P.O. Box 50309 Palo Alto, CA 94303 Tel: 650.630.8500 Fax: 866.299.7328 Work Estimate December 11, 2013 Estimate Prepared For: Richard Chiu, Jr. Phone No: 650-947-2516 Email: rchiu@Iosaltoshills.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 (3 Buildings) Total $ 649 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: we A�ue CERTIFICATE OF LIABILITY INSURANCE 9rze2on1o°3;nr4 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 to the certificate holder In lieu of such endorsement(s). PRODUCER coNTAcT Solomon Williams EXCNHON: 1041 W. INSURANCE SERVICES PHONE ,. 000.515-0150 FAX949-515-0151 1041 W. 18TH ST., STE A204 (A/C No): noA";swilliams@excelsure.Com COSTA MESA, CA 92627 PRODUCER i I CUSTOMER ID I' INSURER(S)AFFORDING COVERAGE 1 NAIL/ INSURED INSURER A: Security National Insurance Company :19879 BRUCE WOOHYOK KANG, DBA:Ace Gutter Cleaning and B K CONSTRUCTION COMPANY INSURER B: P.O.BOX 50309 INSURER C: I PALO ALTO,CA 94303 INSURER D: INSURER E: INSURER F COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO 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. INSR ADDL SUER I POLICY EFF POLICY EXP LIMITS LTR TYPE OF INSURANCE INSR wvn POLICY NUMBER IMMIDOM'YY) IMMIDOM9YI GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 Q COMMERCIAL GENERAL LIABILITY PREMSES/EnE ccu soul $ 100,000 ❑ ❑ CLAIMS-MADE 0 OCCUR ! MED EXP(Any one person) 5 5,000 Cl_ _ ❑ 0 NAI03613601 9/23/2013 19232014 PERSONAL&ADV INJURY a 1,000,000 ❑ GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER. PRODUCTS•COMP/OP AGG $ 2,000,000 0 POLICY ❑ F&T 0 LOC $ AUTOMOBILE LIABILITY 1 • COMBINED SINGLE LIMIT $ I (Ea accident) El • ANY AUTO BODILY INJURY(Per person) $ a ALL OWNED AUTOS BODILY INJURY(Per accident) S ❑ SCHEDULED AUTOS 0 0 I PROPERTY DAMAGE ❑ HIRED AUTOS (Per acidrlenS 0 NON-OWNED AUTOS $___ ❑ S ❑ UMBRELLA UAB ❑I OCCUR EACH OCCURRENCE $ ❑ E%CESS LIAB ❑.CLAIMS-MADE ❑ ❑ AGGREGATE $ ❑ DEDUCTIBLE $ 0 I RETENTION $ $ 1-I 0TH WORKERS COMPENSATION I TDPVTMUS ❑ AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE ri NIA ❑ E.L EACH ACCIDENT $ OFFICER/MEMBER EXCLUDED? (Mandatory In NH) i E.L.DISEASE-EA EMPLOYEE 5 I ydescribe under DESCRIPTION OF OPERATIONS below E L DISEASE-POLICY LIMIT $ I❑ ❑ DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach gut ACORD 101, g and Remarks e,Xmon space o deer) Applicant is engaged in the services of rain gutter cleaning and roof cleaning uusning a bio degradeable solvent max height is 2 stories. One employee 99%residential incl apts and condos. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE ©1988-2009 ACORD CORPORATION. All rights reserved. ACORD 25(2009/09) The ACORD name and logo are registered marks of ACORD V 4 Form W'9 Request for Taxpayer GWe form to the (19a.October 2007) Identification Number and Certification requester. Do not oDep.aneis Clow bwevy send to the IRS. cum ne..n,e SerNce Name We shown on your income tut return) ci i,'U he ear/ --- a ewlnwe name,If different from abovea p FEC2 Ca 4 F1 GCean ) e Chad(apww•Iw p).ep-Individual/Ode pmpetor D Corporation ❑ PannxeNp - 't D Limited Sedgy company.Enter the tax classification N�kregarded entity,C=wpsrdka,Pasannershpl I- ❑ Exempt Payee pp ❑ otMr$eeimatpemy ' C Address(number,street and apt.or suite no) - Requester's nesse and atlbw(optioned n.a Plo , ebur 130 cm,nate em ZIP cads Town of Los Altos Hills $ c tL2i ^ + ( / C^ �t403 26379 Fremont CAfl A`TO ft "1 Los pltos.Mlls,CA 910n 3 List aapmt number(e)here IoPtionall Irjall Taxpayer Identification Number(TIN) Suter your TiN in the appropriate box.The TIN provided must match the nous given on Line 1 to avoid 300101••••00 number backup withholding.For Indtelduals,this Is your social security number(SSW).However,fora resident ellen,sole proprietor, or daregerded entity,sea the Pail I instruction?on page 3.For olher entities,it la -- your employer Idenhiication number(EIN. If you do not have a ntanber,see-How to get a TIN en page 3. Or Note.It the account Is n more than one name,see the chart on page 4 for guidelines on whose Employer' I Moation number ber QI number to enter. /4. i D Part II Certification Under penalties of penury,I certify that 1 The number shown on this form Is my correct taxpayer identification number(or I em waiting for a nunber to be Issued to ma),and 2. I sin not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not bean notified by the Internal • Revenue SeMce(IRS)that I am subject to backup wllhholdbg as a result of a?allure to report all-Interest or dividends,or(Sine IRS has notified me that I em no longer alblect to badelp withholding,and • 3. I 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 to report al interest antl ctNdends on your tax return For real estatetransactions,Item 2 does not appy. For mortgage Interest paid,acquisition or abandonment of secured property,cancellation of debt,contributions to an IndNl&al retirement arrangement(IRA),and generally,pa ante other than into and dividends,you are not required to sign the Certification,but you must provide your correct TIN.See the i Mons on page 4, Sign person of /A �h / Y_� Here U.S.u,s,persoof U/l✓ __. oete. r2— /// General Instructions Definition of a U.S. person. For federal lax purposes, you are Section references are to the Internal Revenue Code unless considered a U.S.person If you are: otherwise noted. •An Individual who Is a U.S,citizen or U.S.resident alien, •A partnership,corporation,company,or aadciation created or Purpose of Form organized in the United States or under the laws of the United A person who Is requied to Ole an information return with the States, IRS must obtain your correct taxpayer identication number(TIN) •An estate(other than a foreign estate),or to report, for example,income paid to you,real estate •A domestic trust(as defined in Regulations section transactions,mortgage Interest you paid,acquisition or 301.7701-7). abandonment of secured property,cancellation of debt, or contributions you maria to an IRA Special rules for partnerships. aareigethat conduct a Use Form W-9 only If you am a U.S. person(Including a trade or business in the United Stales are generally required to resident alien),to provide your correct TIN to the person pay a withholding tax on any foreign partners'share of Income from such requesting it(the requests)and,when applicable,to: business.Further,In certain cases where eForm W-9 has not been received,a partnership Is required to presume that 1.Cafor that the TIN you are giving is correct is you are a partner is a foreign person,and pay the a withholding tax. • waiting for a number to be issued). we, M you area U.S. person that Is a partner In a 2.Certify that you are not subject to backup withholding,or partnership caMucting a trade of business in the United States, provide Form W-9 to the partnership to establish your U.S. 3.Claim exempipn from backup withholding It you area U.S. status and avoid withholding on your shareareofof partnership exempt payee.It applicable,you are also certifying that as a Income U.S. person,you allocable snare of any partnership Income from The person whoies Form W-9a U.S.trade or business Is not subject to the withholding tax on 9 to the partnership for I foreign partners'share of effectively connected Income. purposes M establishing of its U.S.status and avoiding withholding on ifs allocable share of net income from the partnership Note.If a requester gives youform other than Form W-9 to Conducting a trade or business in the united States is in the request your TIN,you must usee the requester's form II itis following cases: substantially sinihar to this tam W-9. •The U.S.owner of a disregarded entity and not the entity, Cot.No.10291% 0orm W-9 (Rev.10-2007)