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HomeMy WebLinkAboutSkyline Landscapes, Inc.AGREEMENT THIS AGREEMENT is made and entered into on thew day of 5�ofemker 20 14 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Skyline Landscapes, 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 missing plants at Fremont Road landscaping all in 5 -gal containers: Six (6) Arctostaphylos "Pacific Mist" Seven (7) Pittosporum Tobira "Wheelers Dwarf" Eight (8) Salvia "Leucophylla" Eleven (11) Rhaphiolepis Indica "Ballerina" Twelve (12) Cistus Purpureus 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 2/1/2013 3. TERMS. Theservices and/or materials furnished under this Agreement shall commence 17,/�"�t� and shall be completed by �r��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 three hundred sixty-five dollars and zero cents ($2,365.00) 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: 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 Short form Updated 4/23/10 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 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% I 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 Hills Short form Updatod 4/23110 By: fmature Date t print name, Title TOWN OF LOS ALT S HILLS: C B Y*�' % Carl Cah C*tyv 3-%mger DA Page 4 of 4 Inc. bkyline Landscapes'.. Custom Des ign Construction. Maintenance NAME / ADDRESS Town of Los Altos Hills C/O John Chau 26 379 Fremont Rd. Los Altos Hills CA 94022 Estimate DATE ESTIMATE # 9/4/2014 1365 PROJECT 3 DESCRIPTION QTY COST TOTAL Propose to Install missing plants at Fremont road 2,365,00 2,365,00 landscaping all in 5 -gal containers 6- Arctostaphylos " Pacific Mist" 7- Pittosporum Tobira " wheelers Dwarf' $_ .,Salvia " Leucophylla" 11 Rhaphiolepis Indica " Ballerina" 12- Cistus purpureus TOTAL $2,365.00 Skyline Landscapes, Inc. 9 P.O. Box 2714 • Redwood City, CA 94064 9 (650) 368-7400 9 Fax (650) 368-7744 Form W M 9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number andCortifloation roquester, Do not Department of the Troasury send to the IRS, Intornel Rovenuo ft,vice am—m- M Mon Name (as shown an your Inoomet tax return) BusInew namaj I different from aboufa 0 4) 'h q Chook appmpriate box: D IndividuW/Sola propriator orporotion 0aitnoohip 0 1 mon Uniltod [fability, -company, Shter the tox cl'"ilficatlon (D41areg0rded -en4ty, 0mcorporation, P=partnership) E Othei(a4sinstrucums) I& - Address (riumber atroot a!, I suite, no'.) ' ftquester4 memo end addreos (qptlonml) X21__"V _ I C> Town of Los, Alto Hills C1 tato, al ZIP 0040 f A 26370 FraMont Road �1_0 6� ._. Los. Altos Hills, qA 94002.92 List account numboir(a) hero (apiionaQ ..��I�Identlfl cation NU mbat° 01 Enter your TIN In the approprIate bQX, The TIN provided rnustrnatoh the name given oil, Uno. 1 to avoid -1 $Wol security numim—r—m backup withholding, For, Individuals, this Is your social,seourity number ($.SN).. Howover, for a resident alba, sole proprietor, or diaregardad -entity, see tile Part I Instruotoll�q o[i pao6-�. For off or entities, it is y0tw empidyer identifloation number (EIN). If YOU do not have a number, see Now to get a 77Af on page 3. or 0 fdOntiffiDatlon ntunbar NO% If the account to In Mora than one nape, sec the Chart On page 4 forguldellnes oil W116$0 E, 10 11LIMber to pntsr, 0ortification Under penalties of perjury i certify that: 1. Tho number shown on this form Is my correct taxpayer Identification 1ximbor (or I am waiting torr a number to be Issued to me), and 2, 1 am 110t SUbJI)Ct to backup Withhotding becaLlso, (a) I Wn exempt fr0m baokup withholding, or M 11106 not beon. hotiffed by the 111torlial Rovenue GeNide (11110) that I am sl -000t W bva(;��Ip wlthholdlno as a rMit. of a f8ilLIM: toraport all interest or dIvIdoinds, or (0) th-6 IF38 has notified me that 91'0 110 I-OhgBr SLiblaot to backup withiio.1dilig, Wd 3, 1 al*n a UAS, citizen or oth-er U.S, person -'(defined below). COMSDatioli lnstrtiotlons�. YOU IM10t 0M$9 out item 2 abovo if you have been notified by tho IFIS that you are currently suWact tob.ai3kup Withholding bec,atlso you Dave to, re ort OJI fi-ftere-st and dMI-dendson your tax Morn- F*br real astato transections, Mom 2 does not y For mortgage 111terast P appi .pal,d, acquisition or aWd "Ime"t, W 8001,11`0d OVPOKY, cal)cellatlon. e debt; contributions Wail Individual ratiremelit arrangement (IRA), !Midgenemlly, payfnohtS othar than Interest and dividends, :yoga aim not tequie-odto.sign tho CGMfJ06t10rl4---4Ut Y-bu must promide. ybur pot -root TIT.:8a the lnafttiotlon� 01' pato 4. .8119n Here Section referances are to the, Internal Revenue Cado unless otherwise noted. Purpose of Form A. poison who Is required .to file an Inforniet'10 n rat Urn,wllh the IRS Must obtain your correct taxpayer Identification number (TIN) to repqrt, for axampl% Inoorm paid to you, re-cil ousts transactions, mortgage friterast your paid, acqvisitlon or abandonment of secured property, Ganoallation of -debt, or contributions you ma" to an IRA. Uso Form W-9 001Y if You are a U,8. person (including a resident allon), to provide your correct 11N to the person requesting It (the requester) and, when applloable, to I. Certify that the TIN you are giving Is oorroot (or you are waiting for a number to be lssuGd), 9. Cortity that you are not -subject to bookup withholding, or 3. Olellm exemption from backup withholding If you are a U.S. OdXompt payee. If applicable, you are also cprtlf� lng that as a U,S, person., your acllocable share of any partnership Income from a UA trade or business Is not subject to the withholding tax on - foreign partners' share of elffectively -connected InGonlo. Note. If a requester gives you -a form othor than Form W-9 to request your TIN, you . niust use the requester's form if It is aubstantl�lly similar to this. Form 11119. Definition of a U*& person. For fed0relal tax purpossa, you are consfdoroO A U.S. prson it you are: ,An indiV0411 W110. Is a 'U.S. oftizer! or U.S; re.sIdoht allarl, 0 A partnership, corporafl lon, company, or association areated or organized In .the, Utiltect $,tates or .under 1ho- lows of the United 0 An estate (other than 8 forolon estate),. Or 4 A dom- t estlo rugt (as definers ire Regulations sootion 301,7701-7), SPOCIal rules for partnerships, Partnerships that conduct a trade or busihoss In the United States ars.gonerally required to -pay a withholding : tax on any foreign partners' sher"o of Incom from such business. Further, In certain- oases Whom a Form W-9 has not been rsoaived., a partnership is-requIred to preeurnoFthat a partnor Ise foreign person, and pay tho withholdlqg tax. Therefore, If you are a U.S. person that Is a partner in a partnership conducting ia trade or busInass In the United $t;lt.ss, provl4e Form W-9 to the partnership to establish your U.'. status and avoid Withholding on your share of partnership Inoorna, The person who gives Form W-9 to the partnership for -Pur osos- of establishing its U.S. status and, avoiding Withholding on Its-allocable-sharG of not inoome from thepartniership Conduoting a1rade or business In they United Stacos Is in the following cases: The U.S, owner of a dl-sregarded entity and not the onfitv Cot, No. 102)31X F 01M (Rev, 10-2007)