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HomeMy WebLinkAboutSkyline Landscapes, Inc. (2)AGREEMENT THIS AGREEMENT is made and entered into on the day of 2014 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: Bi -weekly maintenance on planting & irrigation along the pathway adjacent to Arastradero Road near Stirrup Way: 1) Checking and maintain irrigation with fertilizing; 2) Trimming, weeding, mowing; 3) Pruning lower branches on trees up to 15 feet; 4) Hauling away all the debris created during the works. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated June 30, 2014 3. TERMS. The services and/or materials furnished under this Agreement shall commence / Z 0 /* and shall be completed by 111?612,c is---, unless iO?- / f terminated pursuant to Section 5ft 4. COMPENSATION. For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed One Thousand Four Hundred Forty dollars and Zero cents ($1,440.00) 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, 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 failureto 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 farm Updated 4/23/10 h. ENTIRE AGREEMENT. This Agreement represents the entire agreement between the Parties. Any ambriguities 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. IN�LOICING. Send all invoices to the contract coordinator at the address below. This Agreement shall beoome effective upon its approval and execution by TOWN. In witness whereof, the parties have executed this Agreement the day and year -first wI written above, CONTRACT COORDINATOR and representative for TOWN: It CONTRACTORM Richard Chiu Public Works Director Town of Los Altos Hills By: 26379 Fremont Road Signature Date Los Altos Mills., CA 94022 Print name, Titlits- By: Carl Cahn its Manager Date Town of Los Altos Hills Short form Page 4 of 4 Updated 4/23/10 June 30, 2014 Town of Los Altos Hills Stirrup and Arrastradero Los Altos, CA 94022 Dear Richard Chiu: Thank you for giving our company the opportunity to quote on maintenance for Stirrup and Arrastradero horse path planting and irrigation maintenance. Maintenance to be done every other week, with fertilizers in the monthly charge, with all efforts to use environmentally safe products. Duties include trimming, weeding as needed, mowing, pruning lower branches on trees up to 15 feet when necessary, checking and maintain irrigation, and hauling away all the debris created while maintaining the property. MONTHLY MAINTENANCE CHARGE: $120.00 The monthly charge is based on a typical 4 week month. There are months during the year, typically 5, whereby you will receive 5 service visits during the month. These extra days of service count as credit towards less service during holidays and no service count during rainy days that we just cannot do anything. Our terms are net 15 days. We require 30 day notice of cancellation by either party, Our company recognizes 4 public holidays. It is the company policy to reduce the service time to all clients during the week when a recognized public holiday falls, so we can service all clients. We are closed Christmas da3: through New Years, Irrigation repairs with a special visit or addition to existing irrigation would be on a time and material basis, at a rate of $ 47.50 per hour and materials are at cost plus 35 %. Plant replacements are quoted as per needed basis and prices vary depending on the size and type of plant, tree or ground cover. Soil amendments are included in price of installation. If you have any questions, please do not hesitate to call. We look forward to speaking with you in the near future. Sincerely, Francisco Quezadaz Skyline Landscapes, Inc. skylinelandscapesinc@gmail.com Skyline Landscapes, Inc, * P.O, Box 2714 * Redwood City, CA 94064 * (650) 368-7400 * Fax (650) 368-7744 n roan W Request for Taxpayer QiV0 form to the (R-ev. October 2001) Identification Number and Certification requemor. Do not Oomtment of the Ttowury Internal Rewme gorviao send to tho l.R$V Name (its shown on your Income tru return} e_- &z, Business name, 0 diftrent from above Chock ApproprIsto box; .0 IJ Individual./Sole. proprietor V�Corporoti oft Padnership tixempt Limited l[WARY company. Enter the t" class4loaton (0=d1srqarded entity, 0=00"Poration, P=partner-WO) J� -------- Ot her (aee instruotions) 0- Addreas (number, street, and apt. or wite no.) T: Z Requester's name and addrwa (pptional) FU cltyo Town oftes. Altft Hills 446te, end ZIP cod 9 Frelft0t R03d 0 101S1121L0_S..Wlt$x CA 94022 Ust account numbef(s). here (optionol) TaXPa 13 -Yell" I'dentiff-catibn Wimber (TINT Filter Your TIN iry the appropriate box. The'rIN provided must m.ato*ll tile netme given ­,on Llha-1 to avoid 800101 00ouft nurober backup withholding, For Individuals, this is your LOOGIal Security number (SON)-. However, fora resid-6,11t alien,sale proprietor, or disregarded entity, -see , the Part I lnstnp�rtlons on page 3. For other 'entitles, it is Your amployer identification numbor (EIN). It you do not have a number, see -How-to get a 77N ort bags 3. or Note. It the =01.11)t is ill more than one name, 100 the ohart.on pagnee on whose e 4 for oUldoliN, PIParl0fi doc *9n number number to cher.I , -.k.. !* Under penalties of perjury, I certify thi4t: 1. The number Shown on this form 1.4 my o0rl`60t taXpayer Identification llumber(or I am walting'for anumber to be leeLled-to rite), and 2. 1 am not subject to bacl%ip withlio[ding bOOMISO. (;a) I am exempt frorn baCRUP Withholding, or (b) I h0s not b6sn. notifle(i bylh-0 Intonot Revenue Service (!Rq) tilat. I am subject to 6ack.up Withholdliv as a rGSLIft -sport a . 11 Interost or diVid6nds,or (o) t of a fa fo r. fta IRS he�,. nwilfled'ma that I -am i10 tono-or sLibiedt to bicol(up Withholding, and 1 am a U.18. CitlZon or other-U,S, piarson (defined below). ComflOut-10" 1118UU0110tla. YiW mW oroSs out Item 2. -above If YOU hava beiail notified by tilt) 188 that you are outrantly subleatto hookup withholding becatlea you ha-va f4fted to. report all interest and dividends -ori' yo-ur tax- MtUm, For real estate transactions, Itoin 2 does not dpply, For mortgage Int4rest, -paid, acquialtibn or.AbAndonment. of scoured proporty.; canosllatkxi --61 dobt, i0ontribUtIOnS to an Individual ratf romellt . or arrangernelit (IFIA), and -ganergllY. Pay-mentv other than Interadt acid drVidends, you are not roquir0to sign the 0artifloatibn,- but you muqt provide ybur corroot TIN. Boo tlio irystroOlon� oil page 40 Ign Here Sionatim of u S, POMOn 10, Date Oo09f ons General Instrucclic000"O' Mlinition of a U.S. porson. For f4deral tax }y purposes, you -ars Sootion reterenoes are to the. Internal Revenue Code unlesis considered a U.S. porsory If you aro, otherwise notod. # An Individual who Is a U.S. oftlZen or U.-$,, resident alien,,. Purpose of Form * A partnorship, corporation, company, or 4$S001-oltion created or organized In the United States or under the laws of the un, rted A person who is required to file art information return with the IRS MUst obtain your rroot taxpayo ji, Identifloat.1011 number MN) to report., for exurnP lo, Income paid to you, real estate * An e -state (other than a. foreign estate), or transaotions; nlortgago interest you pajd,, a0clulaftlon or * A domestic trust (as defined in Regulabors s0otlon 301.770-1-7). eabandonmetit of sutured property, 0ancellation of debt, or contributions you mad.e to an IRA, 8001all nillos for partner -ships. Partnerships. that coridud a Use Form W-9 only if you are a U.S. person (Inaluding a resident alien), to provide your correct TIN 'to the person trade or business In the United States are generally required to, flay a withholding tin: X on any foreign partners' share of Income requesting it (the rOquoster) and, whon app�flcable, to: from such business. Further In certain Oases Mwe a Form W-9 has not been recelved,, a pa�tnsrshlp Is required to presumg that I , Gerfify thett the TIN you are s giving I waiting for a number to be Issued), . correct (or you are a partnor Is- a foroign person, and pay ths withlipIdIng t,-c(x, Therofbfoff you are 0 U.S-. person that Is a part.rier in a 2. Certify that You are not subjeot to backup withholding, or PMnorship conduoting a trade or bus'In-ess In the, -United States, S. 01affn exomptlon from backup Withholding If you are -a U.S. exempt Paygo. if apFJlcabI6,,, you ars also cortifyin that as a U.S. person, your al 0oable Mare c provide Form W-9 to the par-MOrship to establish.your U.$, status and avoid withholding on your share of pacrtn9r6hip income. of any paftnefs 11 a U'S. trade or business Is not suble h P ilicorrio from 0i to the w.1thholdling tax on The person who gives Form W-9 to the partnership for foreign partners' share of a ffectively connacted Income, Mos of pur Mop of estaWlshfng Its U.S.. status and avoiding withholding Note. If a requostor givas you a form other than Form W-9 to request your TIN,, you Must use the requester': forryl It ft is sharia of net Income from the partniqrship conduqtIng a trado or business In the Wed States Is in the substantially similar to this Form W-9. following oases, The U.S, owner of a disregarded entity and not the entity, Coit, No, 109six Form W-9 (Rev -JO -2007)