Loading...
HomeMy WebLinkAboutArt Monument Co. Inc 160 AGREEMENT THIS AGREEMENT is made and entered into on the 2-'t ay of 0da?" 013 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Art Monument Company, Inc. (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: Furnish and install 12" x 10" Bronze Plague on stone at the Arastrader Trail.. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated October 16, 2013. 3. TERMS. The services and/or materials furnished under this Agreement shall commence October 25, 2013 and shall be completed by October 25, 2013, 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 two thousand one hundred sixty-eight dollars and forty-eight cents ($2,168.48) 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 lmn Updated 4123/10 V S 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 swum updm.d 1/23/10 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 shm farm Updmed 923l10 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 nn/ Town of Los Altos Hills =y: /LM/ l., s ✓ It Z2{�j3 26379 Fremont Road Signature ate Los Altos Hills, CA 94022 /��� 1- _ / Cf Print name, Title TOWN OF LOS ALTOS HILLS: By: Co-.o K7/a Jzos C1an � Carl Cahill, City Manager Dat Town of Los Altos Hills Page 4 of 4 Short atm upmba 423/10 • Art Monument INVOICE 26295 Mission Blvd. DATE CONTRACT Hayward, California 94544 10/16/2013 B19805 CUSTOMER DECEASED Los Altos Hills, Town of Arastradero Trail bronze plaque 26379 Fremont Road 619805 Los Altos Hills, CA 94022 9/25/2013 Using customer's Boulder CEMETERY 8 LOCATION Los Altos Hills BALANCE As of: TELEPHONE SO... DWG RE... APPROVED FOUND.O... BLASTED COMPUS... COMPUC... 650-941-7222 ITEM ' DESCRIPTION COLOR AMOUNT BRONZE 12" x 10" Bronze Plaque � 572.00T Shipping Char Rush Fee 600.00 Labor Prepare stone, recess and install plaque on 450.00 stone Installation Deliver and Install at customer location 495.00' Sales Tax 51.48 Total $2,168.48 0 4 Farm W-9 Request for Taxpayer Give term to the Rev.October 2007) Identification Number and Certification requester. Do not pepenment ohne nooazy send to the IRS. wen..Revenue grata s n on your Moans taxrreW oio me os Bu ' nome.if dm. nt earn obese (mita a `o • l. m Check appropriate box:0 individual/Sole proprietor Corporation ❑ Pannerehp Exempt'� ❑ Limilad liebi4ty company.Enter the to classification(n=disrepeWed entity,G=calon'atian.P=puNrahip) 0 Payee o E ❑ Other nes MO:vadat I. E C 410295 ddress(number,street tend apt.or suite not Requester's none end address(op0onao .' .93, 5 1 isst D-v. 81 VD Town of Los Altos Hills .$ �a(� 2wa°dN ^ I 4y� � , 1 26319 Fremom Road m Cj,l- Warfel- VI' L1 Los Altos Hills,CA 94022 e List oo number(s)here(optional) • Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid I social waurity number • backup withholding. For individuals,this is your social security number(SSN). However,for a resident , ellen,sole proprietor,or disregarded entity,see the Part I instmctions on page 3. For other entities,It is your employer identification number(FIN).If you do not have a number.see How to get a TIN on page 3. or Note.It the account is in more than ane name, see the chart on page 4 for guidelines on whose CE�mpplloyer Identification number number to enter. —14 14.6 L9769 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 walling 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 withhotdin0 as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am no longer abject to backup witiolding,and 3. I am a U.S.citizen or other U.S.person(defined below). Certification Instructions.You must Gross out Ilan 2 above if you have been notified by the IRS that you are currently subject to backup withhdddng because you have failed to report all Interest and dividends on your lax return. For real estate transactions,item 2 does not apply. For mortgage Interest paid,acquisition or abaindollment 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 ie instructions on page 4. Iuisnete-m Here person ), %fjkf .®[(.-- _ Date . 1(12.11 /2401, General Instructions Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person if you are: Section references are to the Internal Revenue Code unless • An intlrvitlual who Is a U.S.citizen or U.S. resident alien. otherwise noted. •A partnership, corporation,company,or association created or Purpose of Form organized In the United States or under the laws of the United A parson who Is required to file an information return with the States, IRS must obtain your correct taxpayer Identification 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 Special rules for partnerships.Partnerships that conduct a contributions you made to an IRA. (rade or business in the United Stales are generally required to Use Form W-9 only if you are a US. person(including a pay a withholding tax on any foreign partners' share of Income resident alien),to provide your correct TIN to the person from such business. Further,In certain cases where a Form W-9 requesting' (the requester)and,when applicable,to: has not been received,a partnership is required 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 for a number to be issued), Therefore, R 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. provide Form W-9 to the partnership to establish your U.S. 3.Claim exemption from backup withholding it you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable,you are also certifying that as a Income. U S. person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for a U.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 its allocable share of net income from the partnership Note.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 TN,you must use the requester's form 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)( noun W-91Rev.10-2007) e A` OCERTIFICAWOF LIABILITY INSURAN DATCMMtOYYY) 4/10/2013 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 INSURERISL AUTHORIZED REPRESENTATNE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder le an ADOmONAL INSURED,the poticyges)mint be endorsed. If SUBROGATION IS WAIVED,subject to the terms sod conditions of the pocky,certain policies may require an endorsement A statement on this certificate does not confer rights to the certMcafe holder In lieu of such endonemenys). PRODUCER NAAMEAI.l Gregg Brown G F BROWN INS SERVICE LLC PMH.NOCNm KA, (510) 524-8812 Fu,Np)I(5iO)524-8882 1474 University Ave P14134 &q # 145 kmRnsgregg@gfbrownins.comom Berkley, CA 94702 t _ URENI4 APAOIOWG NEWEAwe +'alai INSURER A.Covington Specialty Insurance INSURED Art Monument Co. Inc INSURERS Hartford Insurance Company DEA: RoseLawn Cemetery INSURER C. 26295 Mission Blvd INSURER0 _ __ Hayward, CA 94544 INSURER E — (510)581-1206 INSURER F- COVERAGES CERTIFICATE NUMBER: REVISION NUMBER'. I 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 ANO CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDTUCCpE[D BY PMD CLAICM/S[yp TYPE OF INSURANCE Sa yqR YAva POLICY NUMBER IIFMVDDI'M) UXN EFF M iDOM'YY) LIMOS IT: GENERAL LIABILITY I EACH OCCURRENCE I 1,000,000 DAMAGE I O PENILE) X I COAMAEROWL GENERAL LABILIT' PREMISES IEe occunmal $ 100,000 I CIAIMSS/MOE Ixl OCCUR MED UP(Any ore person) $ 5,000 A 7: $500 Deductible 1 y VBA22609900 .03/01/2023 03/02/2011 PERSONAL SADV WUURY Is 1,000,000_ IBI/PD GENERAL AGGREGATE $ 2,000,000 GENU AGGREGATE LIND APPLIES PER. PRODUCTS-COM IOPAGG 5 1,000,000 —I,POLICY f IED —1 tool 1,LAMYNEO SINGLE LIMA t AUTOMOBILE LMB&m fEewM480 s 1,000,000 PHYAUTo0]/01/202) ID3/01/2m11 BODILY INJURY Pe'puw^) $ ALL OWNED [— SCHEDULED 57VECAM9824 ;eooav INJURY OWN accident)$ AUTOS NAONOKNED YTOS j PROPLRIV DAMAGE X HIRED AUTOS AUTOS �(PeI KPb I) e X Hired PO I Medical Pay is 5,000 UMBRELLA LIAR _–I OCCUR , EACH OCCURRENCE If EXCESS LIAR I CtAMSMADE AGGREGATE S CEO RETENTION S WORKERS COMPENSATION WO STATU• 0TH AND EMPLOYERS'LIAOttUP/ sum TORY LIMITS ER ANY R ¢a TMIMARuPNhnrvT. n AlA I ELACE(ACC $ II. Ow..KmdO gEM� (LEP I EL DISEASE.EA EMPLOYE{SJ Lye NSaReuMN DESCRIPTION OF OPEMTgNS bei - EL DISEASE-POLICY LIMIT E B Automobile Physical Comp - $500 dad Damage 57UECAM9824 103/01/2013 03/01/201/ Coll - $500 ded A Property VBA22609900 103/02/2013 03/01/2014 Build #1-150k 42-210k DESCRIPTION OF OPERATIONS/LOCATIONS I VEHICLES (Attach ACORO 101.MMSWnaI Peens)*StlnEub,,l nwe Space+raurW) Certificate of Insurance providing proof of: General Liability, Automobile and Property Insurance. CERTIFICATE HOLDER CANCELLATION Insured I s Copy SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Proof of Insurance THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY RHO/MONS AUTHORIZED REPREBENTATry I �� 01988-2010 ACORD ORPO TION. Ni rights reserved. ACORD25(201 DI05) The ACORD name and ago are registered marks of ACORD i– ...1 0. , ARTMONU-01 DUJ1 ACRO CERTIFICIMalVE OF LIABILITY INSURTE / CE DA10122/2073 ) 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 policylies) 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 NAME: Automatic Data Processing Insurance Agency,Inc PHONE - FAX --- - 1 ADP Boulevard E-MAIL EA): INC,No): Roseland,NJ 07068 ADDRESS: INSURER(S)AFFORDING COVERAGENAICif INSURER A:Praetorian Insurance Company 1 INSURED Art Monument Co Inc INSURER B: 26295 Mission Blvd INSURER C: _._ _._ I Hayward,CA94544- INSURER o: INSURE 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. NOTWITHSTANDING 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. MSR I ADDL SOAR POLICY EFF I POLICY EXP LTR I TYPE OF INSURANCE INSR WVD POLICY NUMBER (MMIDDIYYYY).IMWDDNYYYI LIMITS ,GENERAL LABILITY I EACH OCCURRENCE S 'r.COMMERCIAL GENERAL LIABILITY PREMISES(Ea occurrence) $ I I CLAIMS-MADE OCCUR MED EXP(Any one person) $ IFPERSONAL&ADV INJURY $ 1._i GENERAL GENERAL AGGREGATE $ GEN'L AGGREGATE LIMIT PER: PRODUCTS-COMP/OP AGG E L i1 POLICY I I JFRO fl LOC $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMITEa accident S - — ANY AUTO BODILY INJURY(Per person) $ AOS LO NED SCHEDULED BODILY INJURY{Per accident) S HIRED AUIDOWNED 'S ft Oe EPR^DAMAGE IS $ UMBRELLA LIAB OCCUR EACH OCCURRENCE S DEO RETENTION$ AGGREGATE S EXCESS LIAB CLAIMS-MADE E AWORKERS COMPENSATION j( RY AND TOLMTRS 1°a-, ND EMPLOYERS'YERWLIABILITY A ANY PRDPRIMBER EXEwnNE Y/N N A ED80101106 - 7/112013 71110014 EL EACH ACCIDENT iS _ 1,000,000 OFFICERVE(Mandatory In NH)EXCLUDED? EL.DISEASE-EA EMPLOVEBE 1A00,000 eemhN OFO EL DISEASE-POLICY LIMIT Ula 1,000,000 'DESCRIPTION under AnoNs eadw DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 101,Additional Remarks Schedule,If more space Is required) CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Town of Los Altos Hills ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Road Los Altos Hills,CA 94022- AUTHORIJED REPRESENTATIVE ( ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010/05) The ACORD name and logo are registered marks of ACORD