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HomeMy WebLinkAboutCurtis Horticulture 4.10 AGREEMENT THIS AGREEMENT is made and entered into on the=34day of 'Lin"— , 2016 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Curtis Horticulture, 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: Install a 24" box Blenheim apricot and repair the damage irrigation lateral lines near the tree. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated June 21, 2016 3. TERMS. The services and/or materials furnished under this Agreement shall commence 6- 2-3 -/C and shall be completed by 7 -l5-/6 , 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 four hundred sixty-two dollars and zero cents ($1,462.00) 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 4123(10 41110 1 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. Hi. 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 423X0 410 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 423na 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: Richard Chiu Public Works Director Z3 /6 Town of Los Altos Hills B Croat._ 26379 Fremont Road L -.Cratere •ate Los Altos Hills, CA 94022 6 pwnNIECuRT75, IQ en')tAir Prirft name, Title TOWN OF LOS • TOS HILLS: to `' / By: � b Carl Cahill, City Manager I-te Town of Los Altos Nills Page 4 of 4 Shod form UNerad 4/2110 is id HORTCULTURE 408-280-7339CURTIS 1034 W JulianIStreet, San Jose, CA 95126, INC June 21, 2016 Town of Los Altos Hills 26379 Fremont Road Los Altos Hills,CA 94022 Below is a price breakdown for analysis purposes only. Upon agreement on scope of work, a detailed contract will be drafted as an agreement for landscape construction. Proposed Improvements tor Heritage House R- • ood Tree Bubblers total: ., , The ex . g bubblers on risers will be re-installed below grade, in root-zone water.': ubes. Tubes will •. rapped with fabric to prevent soil intrusion into the tubes. Incl ;-s two for each existing redwoo• ee. Sprinkler that is spraying recently installed stee. - .nd signage will be split to two sprinklers to . -r on both sides of the heirloom. Irrigation Controller Upgrade total:$6,051 A six station irrigation controller with web- • :• remote capabilities will be installed to replace existing controller. The three existing atm•-.he • .bove ground valves will be replaced with in- ground valves protected in a gravel- ' -.,gopher wir- '•ed valve box. An additional similar box will be installed encompassing . •w sensor which will be . -d and programmed to new controller. Note:A nominal •.nthly fee is associated with this s -m.Assumes the remaining existing valves are sup• .-d from the existing backflow unit. Tree Orch. • Irrigation tota . 089 The ex.- ng bubblers on risers will be re-installed below grade, in root-zone watering tube Tu.- will be wrapped with fabric to prevent soil intrusion into the tubes. Assumes two for eac o chard tree. -t Tree Orchard Repair/Improvement total:$1,462 A 24" box Blenheim apricot measuring approximately 8x4 ft, will be installed. Area near the tree will be excavated to repair irrigation lateral lines from damage. Please let me know if you'd like any additional detail for the proposed improvements listed above, and how you'd like to proceed. Sincerely, Glenn Kranich Curtis Horticulture, Inc. cA LIC /4826409 'r Q Fan -9 Request for Taxpayer Give form to the (Rr.odor.Zoon Identification Number and Certification requester. Do not uoecmer,'or me nw..y send to the IRS. crems n Name lee shown on your moans tax return) Cugfrs HoP-Ticvarvize iNC. Ft &.inns nem*,it different from'M• pe28Check pt it.box Individual/Sole Propiet Capue0 PoMi.NP LEl Limited lability cmpanry.Enter the tax classification gym]Wapertledd eentity,c= pwotbn. PqufnreM1lPl pa Exempt playa `e a Morey(number, e+r.and apt a sults { Reeaeatele nunerg W este opiloreA Eg /OSY W JAI.JAN Sr 1Town of Los Altos Hills 13City,Mate,and ZIP Cole 26379 FreMent Road . • Jane G7_ yn SL Los Altos HMS,CA 94022 n ru _ . _. uaccount mbxlp he.(optima, Part I Taxpayer Identification Number(TIM • Enter your TIN in the apprOprate Cox.The TIN provided must match the name given on Una 1 to avoid serial«salty number l backup elthhoIdng.FIX Individuak.this le your social security number(SSN).However,tor a resident 1 alien,sole proprietor.or disregarded entity,sea the Part t Instructions an page 3.For other smiles,Il Is your employer identification number(EIN). It you do not have a number.see Hasa to get a 17N on page 3. or Note.U the account ism more than one name. see the chart al page 4 la guidelines on whose Employer learankgruan number number to enter. 0 / 6r/19k / ' EI] Certification Under penalt'es of penury.I certify that. 1. The number shown on this farm Is my correct taxpayer identification number(or 1 am waiting for a number to be Issued to me),and 2. I em not subject to backup withholding because:(a)I an exempt from backup withholding.or Oft have not been notified by the Internal Revenue Service(IRS)that I am subject to bsdup withholding as a result of a allure to report all Interest or dividends,or(q the IRS has notified me diel I en no longer eublect to backup withholding.and 3. I am a U 3.duan or other U.S.person(defined below). Cr1111catlar Instructions.You must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup wilMdding because you have failed to report at interest and dvidends on your tax return.For real estate transactions.nem 2 does not apply. For mortgage Interest paid,acquisition or abandonment of secured property,cancellaUan of debt.contributions to all Irdlvidia retirement arrangement(IRA) and generally payments ode than Interest and dividends,you are not required to Can the Certification,but you must provide your correct TIN.See the InevuCUons page 4 $fart Signature a �^ Hero 1 u s person� h ✓ Date of/7"--346 General Inst Ions / Definition of a U.S. person. For federal tax purposes you are Section references are to the Internal Revenue Code unless considered a U.S.person it you are othorw5e nano. • An Indydual who Is a U.S.citizen or U.S resident alien. •A partnership.corporation, company,or association created a Purpose of Form organized In the United States or under the laws of the United A person who Is required to file an Information return with the States, IRS must obtain your correct taxpayer Identification number(FIN) •An estate(other than a foreign estate).or to report for example. income paid to you.real estate • A domestic trust(as defined In Regulations section transactions,mortgage Interest you paid,acquiertlon or 301,7701-7). abandonment of secured property,cancellation of debt.or Special rotes(or partnerships.Partnerships that conduct a contributions you rade to an IRA trade a business in the United States No generally required to Use Form W-9 only If you se a US.person(Including a pay a wlthhotding lax on any foreign partners'share of Income resdent alien). to provide you correct TIN to the person from such business. Further.In certain cases where a Fan W-9 requesting 4(the requester)and,when applicable, to: has not been received,a partnership is required to presume that I. Certify that the TIN you are giving Is correct(a you are a partner Is a foreign person, and pay the withholding tax. waiting for n number to be Issued). Therefore, If you are a U.S. person that Is a partner In a 2. Godly trial you we not subiod to backup withholding,or partnership conducting a trade or business In the United Slates. provide Earn W-5 to the partnership to establish your U.S. 3.Claim exemption from backup withholding If you are a U.S. status and avoid withholding on your share of partnership exempt payee. If applicable,you are also certifying that as a Income. U.S. person,your allocable share of any partnership Income from The person who gives Form W-9 to the partnership for a U S. trade or business Is not subject to the withholding tax on purposes of establishing Its U.S.status end avoiding withholding foreign partners'share of effectively connected Income. on Its allocable share of net Income from the partnership Note.If a requester pees you a form other than Form W-9 to conducting a trade or business in the United States Is in the request your TIN, you trust use the requester's form If it is following cases: substantially sim:ar to this Form W-9. • The U.S.owner of a disregarded entity and not the entity, Cat.No.10231% Fam W-9 (Rev.10-2e]7)