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HomeMy WebLinkAboutJoe's Tractor Service AGREEMENT dl� THIS AGREEMENT is made and entered into on theday of®V" `a"" - , 2017 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Joe's Tractor Service (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 Mowing at O'Keefe Open Field, Moody/Rhus Ridge Road, open lot near Old Snakey Lane, Park-n-Ride, Saddle mountain, Byrne Preserve Fire Breaks, Westwind Barn, and 2 acres's Old Caltran property 2 EXHIBITS The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 3 TERMS The services and/or materials furnished under this Agreement shall commence t41 io 1 11 and shall be completed by�x$ ) � '7 , unless terminated pursuant to Se tion 5(f) 4 COMPENSATION For the full performance of this Agreement: a TOWN shall pay CONTRACTOR an amount not to exceed five thousand two hundred dollars and zero cents ($5,200 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 Short form Updated 4/23/10 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, personalinjury, 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 c. NON-DISCRIMINATION No discriminationshall 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 TOWNCONTRACTOR 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 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. Allen Chen Public Works Directore- Town of Los Altos Hills By � 26379 Fremont Road ignati re Date Los Altos Hills, CA 94022 0r . Co-frvt-rda_j Print name, Title TOWN OF LOS ALTOS HILLS B . y 3115201? Carl Cahill, ity anger Date Town of Los Altos Hills Page 4 of 4 Short form Updated 4/23/10 ,. • 4 ICWN OF LOU ALO HUES Na 9787 P. 5 Joer 's Tractor$,.. '.. 'co 10114 Rand, .0 CupadfilOo Cs. . ( 99 .. Name: Town of Los Altos HlIiI • . 20391 int fid Lai AN* Ca, 022 I ,Phone: ) 94/4222 Par x'4; 0) 9414180 Resod flon Ow* Howrng • -- ..... • I imontiol)of solo 2)Moody/Abu. Rd 0 OPen Lot now Frey Ln 44) ParitimAfdb 0)*midis (1)brio Posen*Fitio Svoqlas 1) Oat Wild 0) 2 mit OW Caftan PpmsNoChop • o t e ' f:.MAIM - ..v...r4 ....., . 6 Estimator; .. COL*.,._p.o...bsoks11„.. #..: le 3 a sit 3 cusimmr; P All win*vall COM,Ply WM Me Ofpurtanient dal t.:?;. RAM Commercial Insurance 15 West 5th Street Suite A Morgan Hill, CA 95037 (408)776-2800 �. Receipt for Payment Received From Check Number Cash Receipt Number Camarda &Son Tractor Service 002904 10193 Randy Lane 551 Cash Receipt Date Cupertino, CA 95014 Ay Invoice 003669 03/30/17 Policy Number Effective Date Expiration Date D1A4632P170330-001 03/30/2017 03/30/2018 New Business Colony Insurance Company Glass&Sign(C) This is to certify that we have received payme-it, in the amount of$910:00, from the customer listed above. This receipt is not a guarantee of coverage by the insurance company or by this agent. printed Thursday March 30,2017 at 04:56PM by DIA Received by Diane Carroll ® ATE( . DMNUDDlYYYY) Lo.A 9 0 CEFOI ICATE OF LIABILITY INSURi4.::'..E 03/30/2017 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). CONTACT PRODUCER RAM Commercial Insurance Services NAME. DIANE CARROLL 15 West 5th Street PHONE F.t)• (408)776-2800 FAX NoI{408)776-2801 Suite A E-MAILEDDRLSS: + Morgan Hill CA 95037- INSURERISIAFFORDINGCOVERAGE NAICf1 INSURER A;Colony Insurance Company INSURED INSURERS: Camarda & Son Tractor Service INSURERC: 10193 Randy Lane 1 INSURERS: Cupertino CA 95014- INSURERE: i 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 PERIQD 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. INSR ADSL SUERI POLICY EFF POLICY EXP I TR TYPE OF INSURANCE w¢n min POLICY NUMBER )IUIMroDIYYYY) IMPA/DD/YYYYI LIMITS A 3c COMMERCIAL GENERAL UABIUTY DIA4632P 170330-001 03/30/201703/30/2018 EACH OCCURRENCE $1,000,000 I DAMAGE TO RENTED I CLAIMS-MADE OCCUR 'PREMISES(Fn occurrnnrst) S 50,000 MED EXP(Any ono person) S 5,000 PERSONAL aADV INJURY S 1,000,000 GE T.AGGREGATE LS APPLIES GENEUCTAGCTELICY f( II FILOC PRODSOMPIOPAGG S 1,000,000 • OTHER' S •AUTOMOBILE UABIUTY COMBINED SINGLE LIMIT S (Ea ncridnMj I ANY AUTO 1 BODILY INJURY(Per person) S ALL OWNED SCHEDULED i BODILY INJURY(Per accident) S AUTOS —AUTOS NON-0WNED PROPERTY DAMAGE S 1 HIREDAUTOS AUTOS /perscaJdentl _ S JUMBRELLA UAB _ OCCUR EACH OCCURRENCE 1-$ EXCESS LIAB CLAIMS-MADE AGGREGATE I S DED RETENTION S S WORKERS COMPENSATIONI PER I ITE 0TH AND EMPLOYERS'UABIUTY ER ANY PROPRIETOR/PARTNER/EXECUTIVE I N/A EL EACH ACCIDENT S OFFICER/MEMBER EXCLUDED? u (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE S If yes.describe under DESCRIPTION OF OPERATIONS below i E.L DISEASE-POLICY LIMIT S DESCRIPTION OF OPERATIONS I LOCATIONS/VEHICLES(ACORD 101,Additional Remarks Schedule,may be attached U mom space Is required) I 1 CERTIFICATE HOLDER CANCELLATION Nn holders_ SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE ! THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. i , AUTHORIZED REPRESENTATIVE I 1 ( ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014101) The ACORD name and logo are registered marks of ACORD Form W.9 Request for Taxpayer Give form to the (Rev.October 2007) Identification Number and Certification requester Do not Department of the Treazury send to the IRS. Interna,Revenue Service Name(as shown on your income tax return) N C.CkIvr,A.te . $ SOO Trac &'r Se✓vt c¢ a Business name,if different from above 0. c 0 E10.0 Checkappropriate box:IS Individual/Sole proprietor ❑ Corporation ElPartnership Exempt « CILimited habil t r company Enter the tax classification(D=disregarded entity C=corporation,Partnership)r ❑ payee is b ❑ Other(see instruetirna) 10- ac Address(number,street,and apt.or suite no.) Requester's name and address(optional) co «� R�^dy �- Town of Los Altos Hills m City,state,end ZIP code 1111 26379 Fremont Road r$' eet(VLp , 'EA L Los Altos Hills,CA 94022 AList account n mber(s)here(optional) 9 :PartC Taxpayer identification Number(TIN) Enter your TIN in the appropriate box.The TIN provided must match the name given on Une 1 to avoid Social security number backup withholding.For individuals,this is your social security number(SSN).However,for a resident 5 (o 4-? tk 0 ; set/ 9 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. a' 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 Par t.lt 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.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 all interest and dividends on your tax return.For real estate transactions,Item 2 does not apply For mortgage interest paid,acquisition or abandon' ant of secured prope ,cancellation of debt,contributions to an individual retirement arrangement(IRA),and generally,payments other . interest and •vide is,you are not required to sign the Certification,but you must provide your correct TIN.See the in a'ctions on •ag., - r Sign signature of Here Us,person P. /, Hate ► 5 3` 20 I General Instructio 1r Definition of a U.S. person. For federal tax purposes, you are considered a U.S.person if you are: Section references are to thz nternal Revenue Code unless •An individual 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 person 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 trade or business In the United States are 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 your correct 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 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, 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, provide Form W-9 to the partnership to establish your U.S 3.Claim exemption from backup withholding if 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 TIN,you must use the requester's form if it is following cases: substantially similar to this Form W-9. o The U.S. owner of a disregarded entity and not the entity, Cat.No.10231X Form W-9 (Rev 10-2007)