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HomeMy WebLinkAboutPC&N Construction, Inc. (7)THIS AGREEMENT is made and entered into on the 2-ofk day of 0c f., 2011 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and PC & N 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: Furnish and construct 1001 Metal Beam Guard Rail (Corten) at North side of Fremont Road East of Seven Acres Lane 2. EXHIBITS, The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 9/2/2011 3, TERMS, The services and/or materials furnished under this Agreement shall commence 10/11/2011 and shall be completed by 10/14/2011, 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 thousand nine hundred dollars and zero cents ($7,900,00) 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 Short form Page 1 of 4 Updated 4/23/to 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 rnall 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 Short form Page 2 of 4 Updated 4/23110 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 Short form Page 3 of 4 Updated 4/23110 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: Richard Chiu Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos H1116 Short form Updolod 4/23110 CONTRACTOR: By: 2.17 inature Date Print name, Title TOWN OF LOS ALTOS HI S: U LOS Ic�Az����\� By: Carl , City Man ger Date Page 4 of 4 P C & N CONSTRUCTION, INC. General Engineering Contractor Class °A" State Contractor License No. 771652 Certlfiod Small Business No, 0021507 CERTIFIED DBB(UDBE No, 39218 5301 Byron Hot Springs Road Byron Hot Springs Road, Byron CA 94514 (926) 634-4567 Fax (825) 6344339 PRICES ARE wA 1 DAYS We are pleased to submit the following bid; Contrvict Town of Los Altos Hills Protect West Fremont Road Bike Lane Bid Gate 9/2!2011 Z. Tax included 1. Permits and Fees (If any) 3. One Move In 2, Clearing, Grading or Staking 3, A, C. or Concrete patch 4. Backfill 6. Embankment Widening P C & N CONSTRUCTION IS A UNION CONTRACTOR - IRONWORKERS, LABORERS, OPERATING ENGINEERS P C & N Gonstruction Inc, shall fully Indemnify Contractor for any liability arising out of P C & N Constructl or products, but only to the extent of P C & N Construction, Inc, liability and not that of anyone else, P C & oN Construction, Inc. n, Inc, work maintains Insurance coverage for their work hereunder, Including $2,000,000 Insured Endorsemont. Products-Comp/Op Aqg and a 11185 Additional Form W-9 Request for Taxpayer (Rev. October 2007) GiVO form to the Depaltmont of Ilis Tress" Identification Number and Certification requester, Do not Intomni novolluo, service send to the IRS. Rem shown ollour ncome tax return) Gv— Business name, N difforent from above a .... ...... Check appropriate box: El Individual/Go.le propiietor )�orparatfon El Partnership Exempt 0 Limited l.bility-compdrly, Enter the tax classification (Q=dIsrogardedentity, C-corf5omfion, P=partnership) )I- _.--❑ El other (sae ineirwotions) Payee —,A--- �Ldd taap nu ben -ftet,49d apt, or suit TA Requeater'a name an addroas-(pption-4-1) LEA -.� I I state, �nd ZIP code Town of Los Altos Hills 20379 Fremont Road Los Altos CA .94022 List secant number(s) here. (option ail — Bills, 11 IS — Enter your TIN In the appropriate box, Tile TIN provided must match the ilarna given an 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,'s.ea the Part I Instil,lotionD on page 3. For other er entities, 11 Is Your employer Identification number (MN). If You do riot have a number goo How .to pat a PN on page 3. or Note. If the an ' count Is In more than one name, see the chart on page 4 for 9LIWO11110s on Whose FFIIJ�5W, P-Id1,1111f] ?,�TWk) b number to anter. Under penalties of ,perjury, I certify that: 1. The number shown on this form Is my correct taxpayer Identification number (or I OM waiting for Q 11UMbQr to be Issued to me), and 2. Lam not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue GervIde (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 1101II'M Me that I any 110 1011901'sUbjeQ'i to backup Withholding, and 3. 1 am a U.S, citizen or other U.S, person (defined below), Certification Instructions, You Must cross call 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 Oil Interest and dividends of Your tax return. For real estate transactions, Item 2 does not apply. For mortgage interest paid, acquisition or ObandOnn"1011t of secured property, cancellation of debt, contributions to an Individual retirement arrangement (IRA), and gollordil Paynk)tb olhbr than Intbrout drid dividends, you are not toCidred to sign tile Corillfloati.61.1, bfit You 1111.10t provide your correct TINy^3ea tlrp.Itstruotiond oil 0age 4, SignMoniltura of Here I U.S: ftk— General i118true-tions Mfirittlon 'of a U.S, Orson. Forlderal tai purposes, you are Section roferoncos.aro to the Internal ReVohue Code unless considered a U.S, person It you are: otherwise not6d, 4 An Individual who is a U.S. citizen or U,,s. resident alien, Purpose of Form # Apartnership, corporation, OOMPBnY, Or association created or organized In the United States or under the laws the A person who Is required to file an Information return with the of United States, IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, Income paid to you, real estate # An estate (other than a foreign estate), or transactions, mortgage Interest you paid, acquisition or # A domestic trust (as defined In Regulations section $01,7701-7). abandonment or secured property, cancellation of debt, or contributions you made to an IRA Special rules for partnerships: Partnerships that conduct a Use Form W-9 only If you area U.S. person (including a trade or bualness In the United States are generally required to resident alien), to provide your correct TIN to the person ,requesting It (the requester) and, when applicable, to: pay a withholding tax on any foreign partners' share or Income from such business. rurtheri In oertoln cases where a Form W-9 1, Certify that the TIN you are giving IQ correct (or you are waiting for a number to be issued), has not beery 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 2. Certify that you are not subject to backup withholding, or Partnership conducting a trade or business In the United States, 3. 01alm exemptio exemption from b.acl�up withholding If you are a U.S. Gx9mPt payee, If applicable, you are also certifying that as a provide Form W-9 to the partnership to establish your U.S, status and avoid withholding on your share of partnership U.S. person, your allocable share of any partnership Income from Income. a U.S, trade or business Is not subject to the withholding tax on foreign partners' share of effectively connected Income, The person who gives Form W-0 to the partnership for purposes of establishing its U.S. status and Note. If a requester gives you 0 form other than Form W 9 to avoiding withholding on Its'allocable share of not Income from the partnership request your TIN, you must use the requester's form if It Is substantially similar to this Form W-9, co;idunting a trade or business in the United States is I fol owing cases: n the * The U.S. owriol' of a disregarded entity and not the entity, Cat. No, 10237 Form W-0 (Rev. �102007)