Loading...
HomeMy WebLinkAboutJensen Landscape Services, Inc. (2)AGREEMENT THIS AGREEMENT is made and entered into on the 19th day of November, 2015 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Jensen Landscape Services Inc. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenantsjhe parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and materials-, Contractor shall complete November Turf Grass Renewal at Purissima Park outlined in Exhibit "A."' 2. EXHIBIT S. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR as described in Exhibit "A" along with compensation. 3. TERMS. The services and/or materials furnished under this Agreement shall commence November 19, 2015 and shall be completed by November 30, 2015 unless terminated pursuant to Section 5(o. 4. COMPENSATION, For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed nineteen thousand fifty nine dollars and zero cents ($19,059.00) within thirty (30) 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 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: L WORKERS COMPENSATION INSURANCE: Minimum statutory limits. iiA COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined $1,000,000.00 per occurrence including commercial 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. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellation.' Additionally.. the notice statement on the certificate should ngtinclude 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:' iv. CERTIFICATE OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed , . Or certiricate of insurance and it shall name "The Town of Los Altos Hills, its elective and appointed officers, employees, and volunteers" as additional insureds to the general and auto liability policies, v. To prevent delay and ensure compliance with this Agreement, the icertificates . insurance certiricates and endorsements must be submitted to: Town of Los Altos Hills - Contracts 26379 Fremont Road Los Altos Hills, CA 94022 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. Town of Los Altos Hills 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 ri without the written consent of the Citi Manner. This Agreement may only be V..J 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 TOWNX 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, 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. Town of Los Altos Hills 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 -.- Sarah Gualtieri Community Services Supervisor Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 sgualt'l'er'l@losal-toshi'lls.ca.gov Town of Los Altos Hills A TOWN OF LOS ALTOS HILLS, Af, By: Carl Cahill, City Manager Date ilEXHIBIT A i E N S E N LAN080APE November 9, 2015 Sarah Gualtieri Town of Los Altos 26379 Fremont Rd. Los Altos., CA 94022 E: sgualtieri@losa'ltoshills.ca.gov Site: Purissima Park JLS glob #140070 Re-, November Turf Grass Renewal. S Dear Purissima Park, Thank you for allowing Jensen Landscape Services the opportunity to provide you with this proposal. We propose to provide all labor, material and equipment necessary to complete the following scope of work with the noted qualifications and exclusions. Scope of Work Aerate turf, plug, and apply organic conipost mix 56d installation allowance — base contract to include 3000 sf total of sod per year, generally required average 600 sf on each infield 1, 2, 3, and 4 and 800 sf on field 2, another 400 sf for misc. Restore straight base path cuts and neat pitch and base area cutouts — generally required resodding of a 2' to 4' wide strip of turf along infield base paths Remove pronounced ridges (lips, at grass/skin intety'aces — restore level transitions at interfaces of turf and skinned areas on infields, mounds, and warning tracks. This generally required cutting out a few areas and resodding to lower turf side of interface. • Resod or reseed other bare or thinned tut "areas — -use remaining sod for outfield patching, reseed areas as needed if sod allowance is used up. Close off sodded1se eded areas -- install stakes and caution tape around each of the four turf diamond areas and repaired outfield areas. Project Cost ... J 19,4059.00 Qualifications: 1. Assumes no underground utilities or other underground obstructions are in conflict with. the work. to be performed by Jensen Landscape Services or its subcontractors. If there are, or the client suspects that there may be, they are -to be located by others prior to start of work. 2. Assumes all irrigation mires and valves are available and in good, operating condition and can accommodate the above enhancements. This includes new and modified 'irrigation. 3. Layout, supervision and quality control measures are included in the program. Exclusions: 1. Jensen Landscape Services is not responsible for permits, fees, damage to underground utilities not located prior to start of work, backflow preventer unit, drainage system installation, viability of transplanted plants, repair of damaged hardscape beyond our control, and other unknown items not shown on client -submitted, as -built drawings. Thank you again for the opportunity to present our proposal to you. If you have any questions, please contact me at your earliest convenience. Approval Signature Date W.W Sincerely, Nicolle Miller Account Manager Cell: 408.477.0016; Office: 408.447.8388 Email: nmiller@iensencorp.com Jensen Landscape Services, Inc. License #537854 1983 Concourse Drive, San lose, Califoniia 95131 / P: 408.446.4555 / F. 408.446,4881 / www.jensencoil),com