Loading...
HomeMy WebLinkAboutCurtis Horticulture (2)AGREEMENT THIS AGREEMENT is made and entered into on the //day of September, 2020 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: Landscape maintenance services for the Los Altos Hills Town Hall. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated September 1, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence October 1, 2020 and shall be completed by September 30, 2022, 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 sixty dollars and zero cents ($1,860.00) 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 Hllls 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: 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 Fremqnt Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Short form 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. 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 4123170 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 Town of Los Altos Hills By. 20 26379 Fremont Road Signa re Date Los Altos Hills, CA 94022 Prirft name, Title TOWN OF LOS ALTOS HIL By: OZ.® arl Ca ill, City Manager ate Town of Los Altos Hills Page 4 of 4 Short form Updated 4123/10 Curtis Horticulture,, Inc. 408-280-7339 1819 Park Ave, San Jose, CA 95126 September 1, 2020 LANDSCAPE MANAGEMENT CONTRACT This agreement is between Curtis Horticulture. Inc. ("Landscape Management Professional") and Town of Los Altos Hills ("Owner"). Owner's Mailing Address: 26379 Fremont Rd Los Altos Hills CA 94022. Landscape Management Professional will perform the landscaping and gardening work specified herein at the property listed below on behalf of the Owner. Work to be performed at: Los Altos Hills Town Hall (including adjacent Heritage House) 26379 Fremont Rd, Los Altos Hills, CA 94022 DESCRIPTION OF WORK TO BE PERFORMED: Landscape Management Professional will furnish all labor, equipment, supervision and tools necessary to maintain landscaped areas in accordance with Exhibit "A" which is incorporated into and made a part of this contract. This is a maintenance agreement only, for routine maintenance of plants, gardens, and incidental pruning of trees of less than 15 feet in height. Should any work beyond the scope of this agreement be necessary, and should Owner desire for Landscape Management Professional to perform such additional work, the California Contractor's License Law requires a separate agreement, which will be drafted for that work. TERM: The term of this agreement is 2 years from the date of execution of this agreement, and this agreement shall automatically renew for another equal term unless notice of the Owner's intent not to renew is given to Landscape Management Professional within thirty days (30) prior to the end of the term or subsequent extended term. PAYMENT: Owner agrees to pay Landscape Management Professional a total cash price of 1860 per month for the term of this agreement, payable on the 15th day of month following the month that the work was performed, for the maintenance services performed as stated in Exhibit "A." MODIFICATIONS AND ADDITIONS: Should the Owner direct any modification or addition to the work or materials covered by this contract, the contract price shall be adjusted accordingly. Modification or addition to the work or materials provided shall be executed only when an Additional Work Authorization has been signed by both the Owner and Landscape Management Professional TERMS AND CONDITIONS: The terms and conditions on the reverse side are expressly incorporated into this Agreement. CONTRACTORS ARE REQUIRED BY LAW TO BE LICENSED AND REGULATED BY THE CONTRACTORS' STATE LICENSE BOARD WHICH HAS JURISDICTION TO INVESTIGATE COMPLAINTS AGAINST CONTRACTORS IF A COMPLAIN REGARDING A LATENT ACT OR OMISSION IS FILED WITHIN FOUR YEARS OF THE DATE OF THE ALLEGED VIOLATION. A COMPLAINT REGARDING A LATENT ACT OR OMISSION PERTAINING TO STRUCTURAL DEFECTS MUST BE FILED WITHIN 10 YEARS OF THE DATE OF THE ALLEGED VIOLATION. ANY QUESTIONS CONCERNING A CONTRACTOR MAY BE REFERRED TO THE REGISTRAR, CONTRACTORS' STATE LICENSE BOARD, P.O. BOX 26000, SACRAMENTO, CALIFORNIA 95826. YOU, THE BUYER, MAY CANCEL THIS TRANSACTION AT ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY AFTER THE DATE OF THIS TRANSACTION. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT. CA LIC #826409 CURTIS HORTICULTURE, Landscape Management Professional C-27 License #826409 By: Date: 2-6 Owner or Owner's Agent: X Date: Name: CA LIC #826409 TERMS AND CONTIDIONS materials, failure of Owner to make payments when due, or delays caused by inspection or changes ordered by the 1. CHANGES IN THE WORK inspectors of authorized governmental bodies, for acts of independent contractors, or holidays, or other causes Landscape Management Professional shall promptly beyond Landscape Management Professional's reasonable notify the Owner of: (a) latent physical conditions at the site control. differing materially from those indicated in this contract, or 4. LABOR AND MATERIAL (b) unknown physical conditions differing materially from Landscape Management Professional shall pay all those ordinarily encountered and generally recognized as valid charges for labor and material incurred by Landscape inherent in work of the character provided for in this Management Professional and used in the maintenance of contract. Any expenses incurred due to such conditions the property. Landscape Management Professional is shall be paid for by Owner as additional work. excused from this obligation for bills received in any period Notwithstanding the foregoing, should site during which the Owner is an arrears in making progress conditions be such that this maintenance contract payments to Landscape Management Professional. No cannot be performed for the contract price, then the waiver or release of mechanic's lien given by Landscape price shall be adjusted by mutual agreement of the Management Professional shall be binding until all parties, and if the parties cannot reach an agreement payments due to Landscape Management Professional on the adjusted contract price, then this contract may when the release was executed have been made. be rescinded by either party with no further liability to 5. PAYMENT the other for said rescission. However, any obligation Payment will be past due if not paid within five (5) days of money due to Landscape Management Professional of the date specified on the front of the contract. Past due at the time of rescission shall survive the rescission. No extra or change order work shall be required to be payments shall bear interested at the rate of 2% per month performed without prior written authorization of the person (24% per annum), until paid in full. 6. RIGHT TO STOP WORK contracting for the construction of the improvement. Any Additional Work Authorization forms for changes or extra Landscape Management Professional shall have work shall be incorporated in, and become a part of the the right to stop work or cease performance under this agreement if any payment shall not be made, when due, to contract. However, in the event that the building Landscape Management Professional under this department or other governing body requires a change or modification, then Landscape Management Professional agreement; Landscape Management Professional may may make that change prior to receiving written keep the job idle until all payments due are received. This remedy is in addition to any other right or remedy that authorization and thereafter negotiate the effect of that change with the Owner, Landscape Management Professional may have. Such Payments for extra work will be made at the time the failure by Owner to make payment, when due, is a material breach of this Agreement, next monthly payment is due. 2. OWNER'S RESPONSIBILITIES 7. CLEAN UP Owner is responsible to supply water, gas, sewer and Landscape Management Professional will utilize Owner's on-site yard waste bins for clippings created by its electrical utilities unless otherwise agreed to in writing. Electricity and water to the site are necessary. Owner operations and will leave property in a neat and "broom agress to allow and provide contractor and his equipment clean" condition. Notwithstanding the foregoing, should Landscape Management Professional be unable to clean access to the property. The Owner is responsible for having sufficient funds to comply with this agreement. This debris by usual and customary means, such as by blower is a cash transaction unless otherwise specified. or water, for any reason, including but not limited to any local or emergency ordinance, then Landscape Owner is responsible to remove or protect any personal Management Professional is only required to use its best property, and contractor Is not responsible for same nor for any furniture, toys, play equipment, low voltage lighting, or efforts to leave the premises in a neat and clean condition. other.exterior improvement. S. COMPLIANCE WITH LAWS Owner will point out and warrant the property lines to In connection with the performance by Landscape Management Professional of its duties pursuant to this Landscape Management Professional. 3. DELAYS Agreement, Owner shall obtain and pay for all permits and Landscape Management Professional agrees to comply with all federal, state, county and local laws, ordinances and regulations. diligently work pursuant to the schedule established g, ATTORNEY FEES between Landscape Management Professional and Owner, as needed, to do the work scheduled in Exhibit "A." In the event that there is any litigation or an arbitration However, if the work may not be done for reasons beyond arising out of this Agreement, then the prevailing party shall be entitled to its reasonable attorneys fees and costs. the control of Landscape Management Professional, including but not limited to: acts of neglect or omission of 10. CLAIMS— LIMITATIONS Owner or Owner's employees or Owner's agent, acts of No action of any character arising from or related to God, stormy or inclement weather, strikes, lockouts, this contract, or the performance thereof, shall be boycotts or other labor union activities, extra work ordered commenced by either party against the other more than two by Owner, acts of public enemy, riots or civil commotion, years after completion or cessation of work under this inability to secure material through regular recognized contract. channels, imposition of Government priority or allocation of GA LIC #826409 Any damages for which Landscape Management Professional may be liable to Owner shall not, in any event, exceed the cash price of this contract. 11. VALIDITY In case one or more of the provisions of this Agreement or any application thereof shall be invalid, unenforceable or illegal, the validity, enforceability and legality of the remaining provisions and any other application shall not in any way be impaired thereby. 12. LIMITED WARRANTY Landscape Management Professional warrants that all work will be performed in a good and workmanlike manner. There are no warranties either expressed or implied except those specifically set forth in this contract, and there are absolutely no guarantees relating to continued life or growth of plant material beyond the period necessary for initial planting shock, but not to exceed ninety (90) days unless otherwise specifically stated. Any warranty or guarantee is only effective if Owner has complied with all of the terms and conditions, payments, and other provisions of this contract. Owner is responsible for any damages to plants or otherwise, caused by either over or under watering, when that over or under watering is done through manual irrigation or hand watering, or when there is an interruption in the service of an automatic sprinkler system, or over or under fertilization, when Owner handles or directs the fertilizations, or where plants and other landscaping are damaged by pets or diseases. Landscape Management Professional shall also not be responsible for any damage caused by inclement weather, run-off, drainage problems, or any other cause of over watering. EXHIBIT "A" Scope of work: Los Altos Hills Town Hall grounds, including parking lot and adjacent Heritage House and Apricot orchard trees. Excludes: Seasonal string trimming of orchard and adjacent field areas; pruning of trees greater than 15' in height. 1. IRRIGATION Landscape Management Professional will adjust any existing automatic controller, based on changes in rainfall and temperature, with such frequency as to promote healthy growth. Landscape Management Professional shall have sole responsibility for this function. Owner shall not permit any changes without prior consultation with Landscape Management Professional. Manual irrigation or hand watering is a responsibility of the Owner unless otherwise stated in the contract. Landscape Management Professional shall provide consultation and recommendations for improving and upgrading existing irrigation system as requested by Owner. 2. TREES, SHRUBS, AND VINES Pruning, thinning, and trimming of shrubs and small trees (under 15' in height), and training and trimming of vines shall be accomplished on a basis that is dictated by individual plant needs. Work will include removal of suckers, cross branches, and dead wood, as well as thinning , deadheading and renewing of plants based on their individual needs. Existing staking and guying of trees shall be inspected and changed as required to permit growth expansion and to prevent damage from chafing. Additional staking and guying of trees shall be performed on a time and materials basis, and Owner shall pay for this in addition to the monthly price stated in the contract. 3. LEAF LITTER Leaf litter will be removed from walkways and other paved surfaces on a weekly basis. Leaf litter will NOT be removed from planting beds except to the extent that it covers or builds up at the crowns of plants. Leaf litter and debris on gravel pathways will be raked or blown on a reasonable basis to prevent buildup of leaf materials, yet will be done in a fashion that limits the dispersal and erosion of the gravel surface. 4. WEEDS Landscape Management Professional will maintain landscape areas to be relatively free of large weeds. Weeds will be removed manually or with non-toxic chemical controls. Areas without mulch, or with a very thin layer of mulch, will have greater tolerance for weeds, and will be addressed in a manner which best facilitates efficient removal (such as manual removal or string trimming). The following items are NOT included in the monthly contract price, but may be done on a time and materials basis. Pest and disease control (only non-toxic methods are used) Irrigation repairs Other landscape maintenance items not included in this contract A budget of $ per month is to be allocated for such items. 5. WORKING DAYS AND SCHEDULE Work will commence approximately on (date). The site will normally be visited on the following day of the week: MONDAY. Frequency: WEEKLY. Landscape Management Professional recognizes the following holidays: CA LIC #826409 New Years' Day Memorial Day Fourth of July Labor Day Thanksgiving Christmas If a regularly scheduled maintenance day coincides with one of the above holidays, Landscape Management Professional will work an alternate day. CA LIC #826409 ACORV CERTIFICATE OF LIABILITY INSURANCE FDATE(MMIDD/YYYY) 161. / 04/21/2020 THIS CERTIFICATE IS ISSUED ASA MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the pollcy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CONTACT Christi Buchanan NAME: CLCA Insurance Solutions PHONE (855) 662-2522 FAX (530) 662-1710 (A/C. /C No Ext: AIC No: 11 West Ct St E-MAIL christi.buchanan@arm-i.com ADDRESS: Suite D INSURER(S) AFFORDING COVERAGE NAIC # Woodland CA 95695 INSURERA : Contractors Bonding & Ins Cc 37206 INSURED INSURER B: Security National Insurance Company 19879 Curtis Horticulture, Inc. INSURERC: 1819 Park Avenue INSURER D INSURER E: San Jose CA 95126 INSURER F: COVERAGES CERTIFICATE NUMBER: 213-21 REVISION Nl1MRFR- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACTOR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAYBE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR TYPE OF INSURANCE INSD WVD POLICYNUMBER POLICY EFF POLICY EXP MMIDD/YYYY LIMITS X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE X OCCUR EACH OCCURRENCE $ 1,000,000 DAMAGE TO RENTED PREMISES Ea occurrence $ 300,000 MED EXP (Any one person) $ 5,000 A A31ADH829 04/22/2020 04/22/2021 PERSONAL&ADV INJURY $ 1,000,000 GEN'LAGGREGATE LIMITAPPLIES PER: POLICYII PROEl JECT LOC GENERAL AGGREGATE $ 2,000,000 PRODUCTS-COMP/OPAGG $ 2,000,000 $ OTHER: AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 Ea accident X ANYAUTO BODILY INJURY (Per person) $ A OWNED SCHEDULED AUTOS ONLY AUTOS A31ADH829 04/22/2020 04/22/2021 BODILY INJURY (Per accident) $ HIRED NON -OWNED AUTOS ONLY AUTOS ONLY PROPERTY DAMAGE Per accident $ UMBRELLA LIAB HCLAIMS-MADE OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB DED I I RETENTION $ $ B WORKERS COMPENSATION EMPLOYERS' LIABILITY IN ANY PROPRIETOR/PARTNER/EXECUTIVE Yr7V]N/A OFFICER/MEMBER EXCLUDED? (Mandatory In NH) If yes, describe under DESCRIPTION OF OPERATIONS below SWC1280071 03/01/2020 03/01/2021 X SPER TATUTE ORH AND E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE- EA EMPLOYEE $ 1,000,000 E.L. DISEASE- POLICY LIMIT $ 1,000,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) The certificate holder is an additional insured as their interest may appear when required by written contract. A waiver of subrogation applies in the certificate holders favor when required by written contract. Coverage is on a primary & non-contibutory basis. CERTIFICATE HOLDER CANCFI I ATION ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS, AUTHORIZED REPRESENTATIVE ©1988.2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD