Loading...
HomeMy WebLinkAboutSkyline Landscapes, Inc. (4) 07/13/2018 11 :35AM FAX 8503687744 SKYLINE 00002/0006 AGREEMENT THIS AGREEMENT Is made .nd entered into on the)17 day of , 2018 by and between the TOWN OF OS ALTOS HILLS (hereinafter referred to as "TOWN") and Skyline Landscapes, In!. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual c.venants, the parties hereto agree as follows: 1. CONTRACTOR. Shall pr.vide or furnish the following specified services and/or materials: Provide labor an. materials to retrofit irrigation at Gardner Bullis Elementary School frontage planting beds 10 feet from Fremont Road ed.a of pavement 2. EXHIBITS. The following a ached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from C•NTRACTOR dated 7/13/2018 3. TERMS. The s rvices a d/or materials furnished under this Agreement shall commence 9(1-4470fgand hall be completed by 8I2b)7,01g , unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the II performance of this Agreement: a. TOWN shall pay CON RACTOR an amount not to exceed one thousand and two hundred dollars an. zero cents ($1,200.00) 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 s .ndards for the area in which CONTRACTOR operates. TOWN is not responsibl- for paying for any work done by CONTRACTOR or any subcontractor above an. beyond the not to exceed amount b. Town shall not reimbu se for any of C;ONTRACTOR's costs or expenses to deliver any services/goo.s. Town shall not be responsible for any interest or late charges on any paymen s from Town to CONTRACTOR. c. CONTRACTOR is resp'risible for monitoring its own forces/employees/agents/ subcontractors to ensu e delivery of goods/services within the terms of this Agreement. TOWN ill not accept or compensate CONTRACTOR for incomplete goods/servic-s. Town of Los Altos Hills Page 2 of 4 snon F neS0e42wo 07/13/2018 11 :35AM FAX 6503687744 SKYLINE e0003/0006 V 5. GENERAL TERMS AND C ' NDITIONS. a. HOLD HARMLESS. CONTRACTOR agrees to Indemnify, defend and hold harmless the TOWN, lts officers, agents and employees from any and all demands, claims or lia ility 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 CONTRACTORS 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 t the extent caused by the negligent performance of CONTRACTOR under t is Agreement. b. INSURANCE. CONT CTOR 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. H. 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 sha I apply separately or be no less than two (2) times the Occurrence li it. iii. AUTOMOBIL INSURANCE: $1,000,000.00 per occurrence. iv. ERRORS AN I OMISSIONS INSURANCE: $1,000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of ca collation. Additionally, the notice statement on the certificate should not include the wording "endeavor to" or "but failure to mail such otice shall impose no obligation or liability of any kind upon the co pany, its agents or representatives." vi. CERTIFICAT OF INSURANCE: Prior to commencement of services, evidence of insurance coverage must be shown by a properly executed ce ificate of insurance and it shall name "The Town of Los Altos Hills, is elective and appointed officers, employees, and volunteers"a additional insureds. vii. To prevent .h:lay and ensure compliance with this Agreement, the insurance ce ificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Road Town of Los Altos Hills Page 3 014 shoow, uodwd IRM" 07/13/2018 11 :35AM FAX 6503687744 SKYLINE R10004/0006 4100 %1110 Los Altos Hills, CA 94022 c. NON-DISCRIMINATIO . No discrimination shall be made in the employment of persons under this Agr-ement because of the race, color, national origin, age, ancestry, religion or sex of such person. d. INTEREST OF CONT- CTOR. It is understood and agreed that this Agreement is not a contract of e ployment and does not create an employer-employee relationship between the TOWN and CONTRACTOR. At all times CONTRACTOR shall b- an independent contractor and CONTRACTOR is not authorized to bind the OWN to any contracts or other obligations without the express written cons=nt 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 Ag -ement shall not be assigned or transferred without advance written consen of the TOWN. No changes or variations of any kind are authorized without the ritten consent of the City Manager. This Agreement may only be amended by a ritten instrument signed by both parties. f. TERMINATION. This greement may be terminated by TOWN upon seven (7) days written notice to CONTRACTOR. Monies owed for work satisfactorily completed shall be paid CONTRACTOR within 14 days of termination. g. RECORDS. All report , data, maps, models, charts, studies, surveys, calculations, photograp s, memoranda, plans, studies, specifications, records, files, or any other docu ents or materials, in electronic or any other form, that are prepared or obtain=d pursuant to this Agreement and that relate to the matters covered hereun•er shall be the property of the TOWN. CONTRACTOR hereby agrees to deliv-r those documents to the TOWN at any time upon demand of the TOWN. It is understood and agreed that the documents and other materials, includi g but not limited to those described above, prepared pursuant to this Agree ent are prepared specifically for the TOWN and are not necessarily suitable for any future or other use. Failure by CONTRACTOR to deliver these document. to the TOWN within a reasonable time period or as specified by the TOWN hall be a material breach of this Agreement. TOWN and CONTRACTOR agree that until final approval by TOWN, all data, plans. specifications, reports a d 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 writ en 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 -ny work for hire pursuant to this Agreement, and acceptance by the TO N as complete, non-exclusive title to copyright of said work for hire shall tran e r 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 1 their professional services. Town of Los Altos Hills Page 4 of 4 Shen a. Undated 4m10 07/13/2018 11 :36AM FAX 6503687744 SKYLINE m0005/0006 410 S • h. ENTIRE AGREEMENT This Agreement represents the entire agreement between the Parties. A y ambiguities or disputed terms between this Agreement and any attached Exhib is shall be interpreted according to the language in this Agreement and not the , xhibits. 6. INVOICING. Send all invoi es 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 ave executed this Agreement the day and year first written above. CONTRACT COORDINATOR nd representative for TOWN: CONTRACTOR: Allen Chen Public Works Director /! i" J Agi Town of Los Altos Hills By: 26379 Fremont Road -gnature ' r:te Los Altos Hills, CA 94022 t2Ai1[c es w AL Print name.Title 7� TOWN OF LOS ALTOS HILLS: By: 04KID c.10, 7/131/01g Cad Cahill,City Manager Date Town of Los Altos Hills Pane 5 of 4 stun m,m ULCeMNOMO iiii AS Skyline Landscapes, Inc. Custom Design • Construction • Maintenance Estimate NAME!ADDRESS DATE ESTIMATE# Town of Los Altos Hills 7/13/2018 1716 C/O John Chau 26379 Fremont Rd. Los Altos Hills CA 94022 PROJECT DESCRIPTION CITY COST TOTAL + + 0' Irrigation Repair 1,200.00 1,200.00 Provide materials and labor to retrofit irrigation at planting beds at side of Fremont rd at bullis school entrance, remove irrigation approx. 10 feet from road curve T& M @ 75.00 hr and materials(ce cost plus 35% ( Estimate Only ( A, TOTAL $1,200.00 J Skyline Landscapes,Inc. • P.O. Box 2714 • Redwood City,CA 94064• 1650( 368-7400• Fax(650) 368-7744 Lie. No. 692950 4111 V 4111 Skyline Landscapes, Inc. Custom Design • Construction • Maintenance Estimate NAME/ADDRESS /[ DATE ESTIMATE# Town of Los Altos Hills 7/13/2018 1716 C/O John Chau 26379 Fremont Rd. Los Altos Hills CA 94022 PROJECT DESCRIPTION 0, QTY COST TOTAL Irrigation Repair <> 1,200.00' 1,200.00 Provide materials and labor to retrofit irrigation at planting beds at side of Fremont rd at bullis school entrance, remove irrigation approx. 10 feet from road curve @ T&M @ 75.00 hr and materials @ cost plus 35% ( Estimate Only) n 1 TOTAL $1,200.00 Skyline Landscapes,Inc. •P.O.Box 2714• Redwood City, CA 94064• (650) 368-7400• Fax(650) 368-7744 Lic. No. 692950 07/13/2018 11 :34AM FAX 6503687744 SKYLINE 00006/0006 4.0 IV Fel, W-9I Request for Taxpayer I Give form to the " " °''" a° Identification Number and Certification 11 sequester.Do not ?aur emo tem et me inn* pend to the IRS. ow saw. Nemo(e y0url n,emItJn . 't il/ t- ' A. _Ae/, //CSG' a raw n anrbun eeme e 0 .. ..o. -. . • k p Limked NO hew O .MMrtU tax ium Mw {a-Ibe.WrNm ❑ PoMaaiP a2'� 0 Limited NO*ane . freerlti bxdwemam('rar.pder ans'y,Cxwpomtlm,p¢wwAy). Payee Exempt 15 2 0 acao'v name per.' E L Aadrw enm,end r w no) www,:erne and dame raptors; a.2 Gy.SO.ens zwzw eros � —Town of Los Athos HMS �i Mlle Frmletd Road 17.... .te _eigib FyS �v. .3 Los Altos NII14,CN 14022 7 (:ere rcm`ber�het onsoeet _..._ Taxpayer ldentlficatlon Nunn•or(TIN) Enter your TIN In the appropriate box The TN pro rided must match the name given on Line 1 to avoid (Seder some*number baclorp withholding.For Individuals,Vile IC your saual esaely number(SSW).However.for a resident Alen.sole proprietor,or dsregerded entity,see the Part I instRIGIMIC on page 3.For other entitles,It is your employer identification number(E1p.II you do not have a rumba,se•Row to gaata TIN on page 3. or _ Nate.If 114 account is in more than one name.set the than on page 4 tor guidelines on whose am Iovar Identification meeker D number• to Amer. (g 7�Z 2- bat' Certification _— Under penalties of perjury,I cert that: 1 The number shown on this form is my aareel rooyer Identification number(or I am waving ter a nunbar to be issued to me).are 2. I am not abject to badge,wnhhdarg beano :(a)I em exempt from backup wiNhaang.or(b)I Mya 1101 bean routed by the Internet Revenue*Noe(IRS)that I em wgect to bac wldthadbg as a result of a failure to repent all interest or dividends,or(e)The IRS hat notified me that I um no longer srbleot to bac p wi9111ddng,and 3. I ares a U.S.citizen or ogler U.&person(deans below). Certification Ianruodane.You must cross out it 2 above a you nave been nogfieb by the IRS that you are Curenlly subject to baclup withholding because you nave felled to report a0 I eat and addends to your tax mown,For real estate transections.hem 2 does not appy. For mortgage interest paid,acquisition or aban ent of seared property,cancellation of debt conmbutone to an individual retirement arrangement(IRg1,and 9enerdly,payments oIner 1 n interest and aadonde.you are not rewired to sign the Cellgaation,but you must provide your correct TIN.See the instructions on phse 4. Sign sworn,0 2 Mere orperson la /�i7� ��j General Instructions / Definition of a U.& parson. F fedora pUfPad le. you are considered a U.S.person if you a Section references era to the Internal Revenue Code unless •M mdWdual who is a U.b.chain Cr U.S.resltlenl alien, dherwbe noted. •A Partnership.corporation,company,or association created or Purpose of Form organized In the United States or under the laws of the Untied A person who Is required to file an Information return with the Stales, IRS must obtain your correct taxpayer identification number RINI •An estate(other than a foreign estate),or to report,for example, Income pad to you,reel ystate •A domestic Inial(as defined in Regulations section transactions,mortgage interest you pad,acqula •n or 301.7701.7). abandonment of secured property. cancellation• debt, or nibs for padrshIps.Partnershipsthat conduct a contributions you nude to an IRA. trade Nor business In the United States are neraly required to Use Form W-9 only IF you area U.S. person(I Wang a pay a withholding lax on any foreign partners'share of Income resident ahem).to provide your correct TIN to th- person from such business.Further,in certain cases where a Fars W-9 requesting it ghe requester)arid,when applicabl,,to: has not been received,a partnership N required to presume that 1.Catty That the TIN you are gwing is comae (a you we a partner is a faelgn person,and pay the withholding tax. waiting for a number to be Issued). Therefore.it you are a u.S.person that is a partner in a 2.Certify that you we not subject to backup hhhOding, or partnership conducting•bade or business in the United stelae, 3.Claim exemption from backup withholding you aro a U.S. statue arovide nd avoid withholdingm W-9 to the parlm partnership shareto establish your U.S. your of partnership U.S. exempt payee. applicable,you are a wrliyi • Int die p tricorn.. U.S.parade. ryour allocable nope d any palmthe hip Interne a from The esperson establishing shin FIXm W-9 to partnership for foreigna U.S.trade a basing*Is not wbpd to iia w •• •. lax on partner'share of effectively coabded i •• � purpaes of establlaM1dg is U.S.statue and avoiding withholding on itsdl allocabletrade snore of not Interne frOln the partnershipIn vide,Ifareguarda yu n tins tamdnaer's • ifWi&to coedwgrostsatloIX bushess In the United 9MesbIn the request your TIN,you must ins the requaaler'a I. m if it s Idlowlrg cases' substantially similar to this Form WA. •The U.S.owner or a disregarded entity and not the entity. CatNa.10231X Faun e".1o2001)