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HomeMy WebLinkAboutSkyline Landscapes, Inc. (8)AGREEMENT THIS AGREEMENT is made and entered into on the)/day of October, 2020 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: Landscape services as described in Exhibit A for the Arastradero path, Fremont Road path, Edith Park, Foothill College & EI Monte path, and Westwind Community Barn. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Exhibit A — Scope of Services Exhibit B- Landscape Sites and Monthly Rate 3. TERMS. The services and/or materials furnished under this Agreement shall commence November 1, 2020 and shall be completed by June 30, 2021, 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 One thousand eight hundred seventy-six dollars and seventy-five cents per month ($1,876.75) 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. 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 g Updated 4123110 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. 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 9 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. 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: CONTRACTOR: Nichol Bowersox Public Works Director/City Engineer Town of Los Altos Hills By; ------------ 26379 Fremont Road Signature 'Date f Los Altos Hills, CA 94022 Print name, Title TOWN OF LOS ALTOS HILLS: By: % x-020 4aL Carl Cahill, City Manager Da e Town of Los Altos Hills Short form Page 4 of 4 Updated 4/23110 EXHIBIT "A" SCOPE OF SERVICES The scope of services includes all work to perform landscape maintenance at numerous landscape sites shown on the attached, Exhibit `B." Contractor will be responsible to keep walkways, driveways, and gutters clear of debris, trim ground cover, prune shrubs and trees, control insects and diseases, fertilize all plant materials, weed and remove litter and debris from all landscaping areas, eliminate rodents, maintain irrigation systems in good working order and adhere to all safety requirements and personal protective equipment (PPE) requirements. The contractor shall consider the following specific maintenance activities in their proposed scope of work: 1. EDGING All ground cover and shrubs adjacent to walkways and curbs shall be trimmed to maintain a crisp, manicured appearance. 2. GROUND COVER All ground cover shall be kept low, trimmed, and weed free. Ground cover shall be kept from covering valve boxes, irrigation control boxes, mainline valves, air -vac boxes, meters, and backflow devices. 3. WATERING Irrigation systems shall be turned off manually or confirmed to turn off, if automated, during long periods of rain. The contractor will adjust irrigation timers to eliminate excess run-off and over spray at all water sites. All sites will be irrigated during the hours of 9:00 p.m. to 6:00 a.m. 4. WEED CONTROL Weeding in shrub areas and ground cover planters will be done by hand or as deemed necessary for the sites listed. 5. WEED ABATEMENT Weed abatement consists of pulling and/or cutting weeds on an as deemed necessary for the sites listed. 6. PEST CONTROL Contractor shall provide pest control as necessary. Pest control may include, but not limited to, aphids, snails, wireworms, grasshoppers. The contractor shall provide pest control with the presence of ground squirrel or evidence of gopher. The application of pest control can be either liquid or granular form. Contractor is responsible in handling all chemicals and pesticides, in accordance with all applicable Federal, State, County and Local laws and including mandated regulations and label requirements. Contractor will provide Town with all Safety Data Sheets (SDS) prior to starting work. 7. SHRUBS Contractor shall trim or prune shrubs as needed and shape shrubs in either a formal or informal manner, dependent upon plant species. Contractor shall keep shrubs clear of all Town appurtenances including water meters, backflow devices, fire hydrants, air vacs, mainline valve cans, irrigation control valves, and irrigation control clocks. Contractor shall apply fertilizer as deemed necessary. Contractor shall keep areas of decomposed granite raked and weed free at all times. 8. DECOMPOSED GRANITE Areas eroded shall be addressed immediately. All asphalt and decomposed granite areas are to be kept weed free at all locations. 9. TREES All trees shall be monitored on the frequency noted in Exhibit `B" and/or as deemed necessary. Contractor shall maintain all ties and stakes. All support devices shall be removed and/or replaced should tree growth no longer require support or the tree becomes damaged due to the support. Contractor shall supply all support devices, wires and ties when required. Trees up to 15 feet tall shall be pruned during the dormant season. Supplemental pruning throughout the year shall be performed to eliminate low growth or cross branches. Sucker growth at the base of trees shall be removed promptly. Contractor shall maintain adequate watering basins around all trees in open ground to facilitate deep watering and moisture retention. Fertilizer will be applied, as deemed necessary. Insecticides will be applied in liquid form to control insects and pests 10. IRRIGATION AND DRAINAGE Contractor shall notify Town's staff of repair on sprinkler heads, irrigation lines, and valves, and obtain Town approval before repairs service are rendered. Vandalism to irrigation control clocks and backflow devices will be considered vandalism and must be brought to the attention of the Town for further action. Contractor shall be responsible for proper adjustment of sprinklers and maintain adequate coverage. Contractor shall adjust irrigation timers to eliminate excessive run-off and overspray at all water sites. Contractor shall monitor all irrigation and watering systems at the time of maintenance to ensure proper working order. Contractor shall observe the full watering cycle to ensure correct irrigation duration. Irrigation timers shall be set to water landscaping during the hours of 9:00 p.m. to 6:00 a.m. Contractor will provide and maintain adequate surface drainage at all times. Deficiencies in drainage shall be corrected promptly. Contractor shall inspect, at the time of maintenance, all existing drainage structures to insure proper working order. Contractor shall clean all catch basins, v ditches, drainage pipes, and other drainage facilities located within landscaped areas, as necessary. 11. CLEAN UP Contractor shall properly dispose of all clippings, trash and other waste, in a manner consistent with local laws, ordinances or codes. All trash shall be collected from the sites as necessary. Leaves shall be kept clear from all walkways as necessary. Driveways and gutters at all sites shall be cleared of all debris as necessary. 12. ADDITIONAL RESPONSIBILITIES OF THE CONTRACTOR Contractor shall provide all labor, equipment, tools, chemicals, and supervision required to perform all work including, but not limited to: • All necessary Town, County, and State permits and/or licenses for equipment and personnel. • Hours worked at Town sites must adhere to local ordinances. • Contractor shall maintain at all times a 24-hour emergency contact telephone number. • Contractor shall comply with Town insurance requirements. • Contractor work crews shall perform work in a safe, orderly, and professional manner. • Contractor shall have work crew wearing garment that identifies worker as an employee of contractor. Contractor shall be experienced in landscape maintenance and have formal education in horticulture or a closely related field. Contractor shall maintain such experience at the appropriate level of responsibility during the work at the Town sites. EXHIBIT "B" TOWN OF LOS ALTOS HILLS LANDSCAPE SITES AND CURRENT MONTHLY RATE Site ID Site name Address Cost Proposal per Month S-01 Arastradero path Arastradero Rd. and Stirrup Way $130.00 5-02 Fremont Road Path Fremont Road Concepcion Rd. to Edith Ave. $537.50 5-03 Edith Park Edith Ave. & Fremont Rd. $311.75 S-04 Foothill College & El Monte Pedestrian and Bike path El Monte Road Moody Rd. to Stonebrook Dr. $560.00 5-05 Westwind Community Barn 27210 Altamont Road $337.50 Total Monthly Cost $1,876.75