HomeMy WebLinkAboutJensen Landscape Services, Inc. (3)Kai 1uff OR -3 -3 j, t -3 Z # I
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 covenants, the parties hereto agree as follows:
1. CONTRACTOR, Shall provide or furnish the following specified services and materials:
Contractor shall complete Spring Renewal of Skinned Ballfields
Area at Purissima Park outlined in Exhibit "A."
2. EXHIBITS 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.
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TERMS. The services and/or materials furnished under this Agreement shall
commence November 19, 2015 and shall be completed by March 10, 2016 unless
terminated pursuant to Section 5(fl.
4. CQMEENSATION, For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed seven thousand two
hundred. seventy nine dollars and zero cents ($7,279.00) 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 arnountf
b. Town shall not reimburse for any of CONTRACT R'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
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 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 state*ment 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:'
iv. 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 to the general and auto liability policies,
v. To prevent delay and ensure compliance with this Agreement, the
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insurance certificates and endorsements must be submitted to,
Town of Los Altos Hills - Contracts
2 63 79 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
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 ime 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 or 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 Y1 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.
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
sgualtieri@Iosaltoshills.ca.gov
Town of Los Altos Hills
TOWN OF LOS ALTOS HIL.U'.
By:
Carl Cahill, City Manager Date
,J E N S E N
. ........ .......... . ...... : . .......
L A N 0 8 0 A P E
November 9, 2015
Sarah Gualtieri
Town of Los Altos
26379 Fremont Rd.
Los Altos, CA 94022
E: sgualtieri@losattos.hi.Ils.ca.gov
Site: Purissima Park
JLS Job #140070
Re: Spring Renewal of Skinned Ballfield Areas
EXHIBIT A
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.
Sc2Re of Work
*Schedule in February 2016 (Note: extended rainy season may delay work into March)
0 Recondition all balyleld skinned surfaces — areas within fenced perimeter on each field including infields, foul territory, and
warning tracks.
0 Till approximately 4" deep, level, and compact with roller
• Provide redfines "candlestick mix "for infield level restoration — base contract shall include 6 -tons total to be spread on the 4
infields to restore level of fines.
• Provide redlines "candlestick mix "for maintenance pile —base contract shall include another 6 tons total to be dropped on
site in a location specified by Town.
• Mark out matIclay brick and sprinkler locations prfor to tilling — contractor will not disturb pitching, batting, and catching
area mats and clay materials.
• Rebuild ofmound1batting/catching base materials excluded — requirements vary from year to year and will estimated
separately.
Project Cost.." "So" *00006#0* *60 oo**** 6* 6000@0006 to*000400 9*4 00*#4 o so**6 0*00000 4*1000 *too*.* V a 1 00
Qualifications4l,
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 wires and valve's are available and in good, operating condition and can accorriinodate 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
Sincerely,
Nicolle IvEller
Account Manager
Cell: 408.477.0016; Office: 408.447.8388
Email: nmiller@J,ensencotp.corn
Date
Jensen Landscape Services, Inc. License #537854
1983 Concourse Drive, San Jose, California 95131 / P*- 408.446.4555 / F: 408.446.4881 / -www.j*ensencorp.com