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HomeMy WebLinkAboutSkyline Landscapes, Inc. (3)AGREEMENT THIS AGREEMENT is made and entered into on thpp2j day of Porch 2018 by and betwe len ;the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and kI !L:and$0aP'e:$, Inc,, (hereinafter referred to as CONTRACTOR"}.In ine- consideration. f the' Mutual covenants,, the parties hereto agree as'follows: 1 i, C.0NIRACTOR9 Shall provide or furnish the following specifie,d services and/or materials: Remove existing back flow and install new 825 Y back! flow with all brass fittings and two unions at Westwind Barn 2. EXHIBITS The following attached exhibits are hereby incorporated into and made a part of this Agreement: roposal from CONTRACTOR dated 3/19/2018 'A-.aha1.1 3. T RKS i ine services- 8indlor materals 'furnished under f: is g e M - MY 12 ence e COMM* d shall' be carnplA at d by Vess terminated or -ant t6 0 S psu.. lon. .4. COI VlP.EN;0An0N. For the full performance of this Agreement: at TOWN! shall pay CONTRACTOR an amount not to exceed one thousand eight hundred fifteen dollars and eighty-five cents ($1,815.85) within thirty (30) days fol-lowirg 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 prof-espional/industry standards for the area in which CONTR,�ICTOR operates. TOWN I is not responsible for paying for any work done by CONTRACTOR or any subcontractor above and beyond the not to exceed amount. b. Town Ohall not reimburse for any of CONTRACTOR's co* or expenses to deliver ;any services/goods. Town shall not be responsible for any interest or late charged on any payments from Town to CONTRACTOR. M C01\,-I'T�, ACTOR is responsible for monitoring its own forces/bmployees/agents/ subcontractors to ensure delivery of goods/services within the terms of this I AgrE.1ement. TOWN will not accept or compensate CONTRACTOR for incomplete goods/services. Town of Los Altos ills Page 1 of 4 Short form Updated 4/23/10 5. GENERA. TERMS AND CONDITIONS. a. HOLD! HARMLESS. CONTRACTOR agrees- to lindemnify- defend and hold harmless the TOWN, its officers, agents and employee 8'' from'any and all demands �claimg or fie'bilify of in. mg de"ath) and property per iniury i clud darna o of any nature, caused by or arising opt -rfo. 9, t of the pe rMance of CONTRACTOR under this Agreement... With regard to CONTRACTOR'S work produdt., CONTRACTORgrees a to- lindemnify, defend and hold. harmless Ibe or TowN", its officers, agents and employe-e-sfrom any and. all d6mand.s claims HaNity". of any nature to the extent caused by the- negllgeht perfofma,noe of CONTRACTOR Under this Agreement. b. INSURANCE.. CONTRACTORs h If file with the TOWa certificate of a insuran-ce 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 D-6mage Combined. $1,000,000.00 per occurrence including comprehensive form, personal injury, broad form personal darnage,1 contractual and premises'/operation, all on an occurrence basis. If an aggregate limit exists, it shall apply separately or be no less thani two (2) times the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. il,v. ERRORS AND OMISSIONS INSURANCE:$1 000,POO.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 "endeavo� to" or "but failure to mail such notice shall impose no obligation or liability of any kind upon the company, its agents or representatives yi 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. VIL To prevent delay and ensure compliance with this Agreement, the insurance certificates and endorsements must be submitted to: Town LOS Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos kills Short form Updated 4/23/10 Page 2 of 4 c. NON-QISCRIMINATION.. N.o discrimination shall be made in the employment of per:son§ under this Agreement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTER ST OF CONTRACTOR. It is understood and jagreed that this Agreeent is not a contract of employment and does not crate an employer- emloloYee relationship between the TOWN and CONTRACTOR. At all times CONTE, ACTOR shall be an independent contractor and CON -TRACTOR is not authoriied to bind the TOWN to any contracts or other oblig��tions without the express written consent of the TOWN. In executing this Agreement, CONTkACTOR certifies that no one who has or will have an'� financial interest undler t.his Agreement is an officer or 'employee of TOWN. I e. CHAN -ES. This Agreement shall not be assigned or transferred without advance written consent of the TOWN. No changes or variations of any kind are authorised without the written consent of the City Manager. This �s Agreement may only be amended by a written instrument signed by both parties. f. TERMINATION. This Agreement may be terminated by TO 1N upon seven (7) days v0tten notice to CONTRACTOR. Monies owed for work satisfactorily compld,ted shall be paid to CONTRACTOR within 14 days of termination. g. RE -16'.0#0 kDS. All reports, data, maps, models, charts, studies, surveys, calculations, photographs, memoranda, plans, studies, specilfications, records, file:), a( any other documents or materials, in electronic or airy other form, that pre prOpAred 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 delver th se, d nts to the TOWN at any time upon 1 0 dernand of the TOWN, it is understood and agreed that thle documents and other ma- nals, t 'ng- but not limited to those described; above, prepared I ncludlI pursuaht to, this Agreemen - t are prepared specifically for the TOWN and are not necesslarily suitable for any future or other use. Failure by ONTRACTOR to deliver these documents to the TOWN within a reasonable time period or as specifid by the TOWN shall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans, specifi6ations, reports and other documents are preliminary drafts not kept by -the TO. -W. N th Re- ord1nary curseof business and will not bel disclosed to third parties Without prior Written con -sent. of both parties. All work Oroducts submitted to the SOWN pursuant to this- Agreement shall be deemed;a "work for hire," Upo-.isubniisslon of any work for _h're pursuant to this! Agreement, and n acceptance by the TOWN as complete, non-exclusive title to; copyright of said work four hire shall transfer to the TOWN. The compensation rOcited 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 maters , Is for marketing of their professional services. Town of Los Altos 'Hills Page 3 of 4 Short form Updated 4123110 A h. ENTIRE AGREEMENT. This Agreement represents� ' . _� � the entire agreement betwe n the Parties. Any ambiguities or disputed terms betty en this Agreement and �� attached Exhibits � Y is shall be interpreted according to the language in this A,g.reem,ent and not the Exhibits, ]INIVOIC[NO., Send all invoices to the contract coordinator at the a dress belwk, i This Agreement shall become effective upon its approval and execution by TOWN. In witness hef, the parties have executed this Agreement the a and e � � Y year first written n above, t CONTRACT 'C.ORD1 NATaR and repesar�t te for TOWN: CONTRACTOR- Allen aNTRACTOR:Allen Cpheh Public Wdrs Director T CI y town cif L s.Altos Hills -J A. T �. 26379 Feint Road i Agnature Los Alias Hills, CA 94022 Print name, Title TOWN OF Las ALTOS H L LS.• By. Zfl.l Carl Cahill, City Mbnager Dat Town of Los Altos Hills Smart form Updated 4123190 i Page 4 of 4 Skyline Landsca. es,I'nc, Ciustmu De �Ign constTmfion v -e e Mand, nane NAME / AD D RE$$ Town of Los 'Altos Hills C/O John C� au 26379 Fremint Rd. z Los Altos, Hills CA 94022 Skyline Landscsape.s, Inc. P.O. Box 2714s Redwood City, CA 94064 (650) 368-740 Fax (650) 368-7744 Lic. No. 692950 r0rmWW9 Request for Taxpayer (Rev. October 2007) Identification Number and Certification Dopa` i-nent of ha Treasury Internal {revenue seance --------------- Name (as shown on vour income tax raturnI fiVAW . ...... C4 r oa rh W M I 4rt. � - - 0 M 4; =f Itfrr Give form to the requester. Do not send to the IRS. ---- ----------- -- -- - --------------- Z'Z lt�OX W Prop"* 1Y r - - ------ ------- Q-w=k- OpPr fnd� unYs.61 - - t�- r4 effili P ,_Er Wtv I n LIrh6,d IN 11, 06MI-0anY, _4 V Exempt ❑D=disregarded entity, G=corporation, P=Partnerslhip) Po E Other (esee Instructons) 1p- payee Adch - �nwhpsr abre d' aPt�b� SAW 110) 3 `7 .... - ' a and address (optional) 0. Requester's na-1 AV, -- -- --- Town of Los Aftas Hills on ZIP �Qda 26379 Fromon(Road Is ............... _oo 5 !CA 04022 W-71 Los Altos Hill W�,V Ll account, number(s) heraTo-ptional) Taxpayer Identification Numbor (TI --- ------- 81-ter lj,-06t TIN in.- tJi.a.- appropriate box, The TIN prov[dtod, in-usd matc[i Otho- naornogiven on Line 1 to avoid Sodal security number backup. 1MV1110left For individuals, this is Your soclal.. se lrfty ber' Nowaver, for a resident -21101-1, -.W.6 pro ptietor, or disregarded entity, see the I tnstl r tf one p %. For other entities, it is ,your em. ployer Id-entification number (EINE. If you do"t QM 3,6- 0bw have- a n. 6-0r, ;. . to get a T1JV on page 3. or H Note. If the account is [11 more than one name, see the chart on page 4 for guidellnes on whose Employer Wentifiloation number number to enter. Certification Under penalties Of Perjury, I certify that: 1. The number shown On this form is rnj correct taxpayer Identification number (or I arn waiting for a number to be issued to me,}, and 2 1 am not subject to backup withholding IbG=189: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revoilue Service (IRS) that f am subject to backup withholdingas a, result Of a failure to repiort all interest ' dividends or (c) the IRS has notified the that I am 110 10119er WNW to backup withholding, and 3. 1 am a U,S. citizen or other U,E), person (defined below), Certification In -AM It"Ito nn 4 aboive it YOU halve been, noti by the IRS: that yokj ars. --ourrently subject to backup -s ottons. You must OrOft-.OL WithhoId1r!q.beCa,u,sa.y'o have failed t xt;AIVInta.wt .14dends. on your tax return. For real astats'trans4ctions, item 2 does nota pply. -o repo W. d d 1pId, acquisitjolr seatired property.. oat -o-e .'ation of dobt, colt-ftwz6o For moria hAve Or t of arrangerne (119)�) nalto an individual retirement nt nO generally, PaYlTlento-- other than Interrest and you op;aret not req&re' W:sf ir- 6�oertlflcatlon, but you ML[St _d tl provide your correct TIN. See the Instructions on page 4. Sign SigRature ofoo,�Ae�1�71 y. Here u-s.yerson 10- a Daae' - - ------------------- General Insitruct I . ims Sectlon references are to the Internal Revenue Code un]GSq otherwise noted, Purpose of Form A parson 1pft Is Paquir-ed to file an inlan-rat' return with the ion A , return IRS MUS1 Obtain your corraOt taxpayier MO-ritf I On nUM-ber IN to rapoet" tv,exto amplo. i�np ome p [d YQU k1l Cqu 'or tansaottons', morb- I - Grit' M 1- tGres yaq 11C a, Ini ab�ridonment of W WWO*d r . opllo�-' b: of diob or rty ca. _t'o' col tributIms you m6d6, -to an IRA-,: Use Form W-9 only If you are a U.S. person (including a resident alien), to provide your correct TIN to the person requesting it (the requester) arid, when applicable, to: 1. Certify that the TIN you are giving is correct (or you are waiting for a number to be issued), 2. Certify that you are not subject to backup withholding, or 3, Claim examption from baqku p withholdin , 'g, W -T you M exempt pay06, If hot -appftcab.10� you -are 000 q. 0S a U.S. person, your allodable.- char 6 of any pfarth' �. nets 1p in .o jrii�froom A bh6W[n X a U.S. trade or busirtsse Is, 110t ilubiao ..-th w %�. R on foreign part ners' share of ly - 0-onrisei in 011 - Note. If a roque,,;;te%r gives you a form other than Form W-9 to request your TIN, you must use the requester's form If it is substantially sirrillcar to this Form W-9. Definition of a U.S. painwn..,,,:or fed0,44i tax purposgs, you are considered a U.S. person if you aiirelk An individual who is a U.S.00"liin. or U.S, resident alien, zo has 1p, corr t d -s-S OL -Mon omade or pa. h- 16�4-flon ompon, r a. 0 Orgelmied in the Uftffpadl Statos or und.ar.-Ahe Wivs. of t -:0nified A dornesItIcArusit (as,:Wfnel in Pegufation. S'e0t1i on d 301.7701"4,7 tot P al ".'ership brtn --upt a .Slpeola.d ittotP ershipis: Ole �oortcj ar trade orbuWqness In the Uhlb*W .34 a onera as g lly requird, d, to -an, in g P a withhho oldtak p - any n paftnO ftr of Indd ft re bt 'F thw n ced fro such s, f n es s,. - � ur ftain tas-O_whie'-.�a a Form -:10 has -Pot boort rocalv-W-1 aprfs. is uI lfh" to prosum.6 -ftt I re a 1p _rd P-4 d- 111. or b ps clpay t6awit foreign Per -an hhol Ing :, IT you - ar's U. -S pro is a. partnor 4nes- It 'the Er' ' in PArt" nehr Ited tate orovid'o'. 1170'er,il, W.-�S to the ptart_Mhip. to 0M.'ablish your US, IS tatus- and, avoid Wifth hold . 1 ng onyquir share of partnership tad The POM -011 who, gives Forn to tho.Pairtrors_ Milp for purposes, d establishing Its U.S. ,taws of Ing withholding ' f I . 1 40partnershipI . On ItS allocable sharo of: not Crim -r -he rom tho conducting a trade or busino-s-s in t h-6. Unb4 Stat ies is in tth. following cases,, 00*00 0�m Cat, No, 10231X l5orm. W-9 (Rev. 10-2007)