HomeMy WebLinkAboutBayside Enuipment Co. v v
AGREEMENT
THIS AGREEMENT Is made and entered into on the 1/11‘ day of Sof- , 2015 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and
Bayside Equipment Co. (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:
Provide annual maintenance services for the generators at
Town Hall and the pump station at Elena Road and
Purissima Road. Replace coolant sensors.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated September 8, 2015
3. TERMS. The services and/or materials furnished under this Agreement shall
commence ?-/Isic/Sand shall be completed by /6 -2-24K; 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 four
hundred sixty dollars and zero cents ($1,460.00) 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$15.00a Per fiscal rer
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 CONTRACTORS 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.
Ili. 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
en to exceed 515000 per fiscal year
Updated 31706
for
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
Not to exceed$15,000 per fiscal you
Updated 3.17OB
6110 11110
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 ,r,� / n, ( /) Q 9/r//,c
Town of Los Altos Hills gy. j�tf/ep Lcl/�XEV� L
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022 R ICNpRQ SMOr p/t>sta50 1
Print name, Title
TOWNOFLOS ALTOS HILLS:
't f �j
By: \-�Utiyk�—"+ '�"`. Ijll120E
Carl Cahill,City Manager Date
Town of Los Altos Hills Page 4 of 4
Not to gad f15Aw por yeb
Updated 3.17.08
. V V
Bayside Equipment Co.
3562 Haven Avenue
Redwood City,CA 94063
Tel: (650)368-3955 Fax: (650)368-8014
Quote
September 8,2015
Town of Los Altos Hills
26379 Fremont rd.
Los Altos Hills,CA.94022
Tel: 650-947-2516
Fax: 650-941-3160
Email:rchiu@losaltoshills.ca.gov
Attention:Richard Chiu
Subject:Annual generator service&repair
Bayside equipment can offer to provide annual maintenance service on the generators at
the town hall and the pump station at Elena and Purissma.
The price for annual service on the Generac 65kw generator at the town hall would be
$475.00.This price includes oil and filter with tax as well as labor to perform the service
The price for annual service on the Cummins 60kw generator at the pump station at the
corner of Elena and Purissma would be$550.00.This price includes oil and filter with tax
as well as labor to perform the service.
The Generac will need a coolant level sensor and a coolant shutdown sensor. I will have
to order these parts but if they are replaced during the annual service,the additional cost
will be$435.00 which covers the two sensors, coolant,freight,tax and additional labor to
perform the repair.
Total cost to perform the annual services on both generators as well as the repairs on the
Generac will be$1460.00
4.0
Bayside Equipment Co.
3562 Haven Avenue
Redwood City,CA 94063
Tel: (650)368-3955 Fax: (650)368-8014
Air filters,batteries or any other additional parts or labor will be an extra charge. Please
let me know if you need anything else.Thank you for the opportunity to quote this
project.
Sincerely,
Jeremy Olson
Rental/Service Manager
Bayside Equipment Company
3562 Haven Ave
Redwood City, CA 94063
rentals@baysideequipment.com
V1110
W
Form •V'9 Request for Taxpayer Give form to the
(Rev.November 2005) Identification Number and Certification requester. Do not
Department or the Treasury send to the IRS.
Iniernal Revenue Service
Name(as show on you me tax return)
Bayside Equipment Company
Business name,if different mm aboveaw
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Indivitlunv Exempt from backup
O Check appropriate box: 0 sola proprietor CorporationEl LIParcnersmp O Other ❑ withholding
15 2
Address(number,street,and apt.or suite no.) Requester's name and address(optional)
E 3562 Haven Ave. _. Town of Los Altos Hills
te• City,state,and ZIP code 26379 Fremont Road
a Redwood City,CA 94063 Los Altos Hills,CA 94022
re List account numbers)here(optional)
c
to
Taxpayer Identification Number(TIN)
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 +
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 How 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. 914+1I 41 6111417 al
Part II Certification
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. 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 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. I 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 the instructions on page 4.)
Sign Signature of o
Here U.S.persons /1 Dater. .361,919 Zotr
Purpose of Form • An individual who is a citizen or resident of the United
A person who is required to file an information return with the States,
IRS, must obtain your correct taxpayer identification number • A partnership, corporation, company, or association
(TIN) to report, for example, income paid to you, real estate created or organized in the United States or under the laws
transactions, mortgage interest you paid, acquisition or of the United States, or
abandonment of secured property, cancellation of debt, or • Any estate(other than a foreign estate)or trust. See
contributions you made to an IRA. Regulations sections 301.7701-6(a) and 7(a)for additional
U.S. person.Use Form W-9 only if you are a U.S. person information.
(including a resident alien),to provide your correct TIN to the Special rules for partnerships.Partnerships that conduct a
person requesting it(the requester) and, when applicable,to: trade or business in the United States are generally required
1. Certify that the TIN you are giving is correct(or you are to pay a withholding tax on any foreign partners' share of
waiting for a number to be issued), income from such business. Further, in certain cases where a
2. Certify that you are not subject to backup withholding, or Form W-9 has not been received, a partnership is required to
3. Claim exemption from backup withholding if you are a presume that a partner is a foreign person, and pay the
U.S. exempt epwithholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the
In 3 above, if applicable, you are also certifying that as a United States, provide Form W-9 to the partnership to
U.S. person, your allocable share of any partnership income establish your U.S. status and avoid withholding on your
from a U.S. trade or business is not subject to the share of partnership income.
withholding tax on foreign partners' share of effectively
connected income. The person who gives Form W-9 to the partnership for
Note.If a requester gives you a form other than Form W-9 to purposes of establishing its U.S. status and avoiding
withnersinp on its allocable share of net income from the
request your TIN,you must use the requester's form if it is
substantially similar to this Form W-9. partnershipis ce in a trade or business in the United
States is in the following cases:
For federal tax purposes,you are considered a person if you • The U.S. owner of a disregarded entity and not the entity,
are:
Cat No. 10231X Form W-9 (Rev.11-2005i