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HomeMy WebLinkAboutJJ Nguyen, Inc. (2)AGREEMENT THIS AGREEMENT is made and entered into on the 6 \ day of AR rd 2010 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and JJ NGUYEN, INC. (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR.. Shall provide or furnish the following specified services and/or materials: Install lawn, plants, irrigation system, clean up, and place mulch at Westwind Community Barn, 2. EXHIBITS, The following attached exhibits are hereby incorporated Into and made a part of this Agreement. Proposal from CONTRACTOR dated 3/25/10 3. TERMS. The services and/or materials furnished under this Agreement shall commence .3/.30/201.0 and shall be completed by 4/15/2010, unless terminated pursuant to Section 5(f). 4. COMPENSATION. For the full performance of this Agreement,- a, greement: a. TOWN shall pay CONTRACTOR an amount not to exceed nine thousand five hundre dollars and zero cents ($9,500.00) within thirty-five (35) days following 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 marinerconsistent 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 I of 4 Not to exceed $16 000 per Ilccal year Updated 3 17 06 5. GENERAL TERMS AND CONDITIONS. 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. iii, AUTOMOBILE INSURANCE. $1,000,000.00 per occurrence. iv. ERRORSAND 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 - Contracts 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Page 2 of 4 Not to exceed $15 000 per fiscal year tJpdoted 3 17 08 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, nonexclusive 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 Not to exceed m 060 perriecal year Updated 317 OB 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 Town of Los Altos Hills By: 21 q b 26379 Fremont Road Signature bAte Los Altos Hills, CA 94022 Print name, Title TOWN OF LOS ALTOS HIL S: By: JL L, �� � ILI �o jo Carl Cahill, City Manager ate Town of Los Altos Hills Page 4 of 4 Not to exceed $15.000 per NOW yoor Vpdalod 3 17 08 JJ NGUYEN, INC 3172 Salem Dr, San Jose CA 95127 Office Phone: 408-259-7982 Fax: 408-347-8183 Los Altos Barn Proposal Date:3/26/2010 Project Name: Los Altos Barn Description of charge: Los Altos Barn Clean up and Backflow Preventer 50 C.Y mulch Lawn,plants and Irrigation Total Cost $1,500 $2,500.00 $ 5,500.00 t7tiC7-1717" $ 15,500 4_6,006 `�iCob rom, W1009 Request. for Taxpayer Give form to the ;Rev October 2007) identification Number and Certification requester. Do not N)rarrm"ni rl 1116 Treeauy or Send to the IRS, 1I,Iv,llyi Rovollu,o sm%wc- number to enter 'D Nnme (as shown on your Incoms t return) lu _ (Ty U G L C. e d. c Business name. If differs t trod m above ap, a Check appropriate box: ❑ IndivlduaV8ola proprietor ❑ Co(poraflon ❑ Portnorahip Exam t J ❑ Limned liability company Enter the lax classification (Oudisreyardod entity, Cncarporallon, Papartnersh)p) M , , .... t ❑ P $ ❑ othar (see iniruciions) 0- poyea Address (number. street and apt or suite no) Requester's name and address (optlonall u a) 1a ar' Town of Los Altos Hilts clry stats. and zIP coda 26979 Fremont Road v� b Ch 5 Los Aitas HNis CA 94022 List account numbers) here (optional) • Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Me 1 to avoid social 000urity numbor backup wilhholding For Individuals, this Is your social security number (eSN) However, for o resident alien. sole proprietor, or disregarded entity, see the Part I Instructions on page 3 For other entities. It is your employer Identllicatlon number (EIN) If you do not have a number, see Now to get a 77N on page 3 or Note It the account is In more than one name, seo the chart on page 4 for guidelines on whose _ employer identification nun,ber l number to enter 'D Under penalties of perjury, I certify that: The number shown on this form is my correct taxpayer Identification number (or I am waiting for a number to be issued to me), and I am not subject to brickup withholding because: (a) Iran exempt from backup withholding, or (b) I have not been notlfled by the Internal Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all Interest or dividends, or (c) the IRS has notified me that I am no longer subject to backup withholding. and 3 1 am a U S citizen or other U 6 person (defined below) Certification ation Instructions, You must cross out Item 2 above R you have been notified by the IRS that you are currently subject to backup withholding because you have Jailed to report all Interest and dividends on your tax return For real estate transactions, Item 2 does not apply For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt. contributions to an Individual retirement arrangement (Ifs. and generally, payme tS other than Interest and dividends. your are not required to sign the Certification. but you must provide your correct TIN See the lirns on page 4> Sign sianoluro of Here I U.S, person General Instructions Section references are to the Internal Revenue Godo unless otherwise noted Purpose of Form A person who Is required to file an information return with the IRS must obtain your correct taxpayer Idenlitloatlon number (TIN) to report, for example, income paid to you, real estate transactions, mortgage Interest you paid, acquisition or abandonment of secured property, cancellation of debt. or contributions you made to an IRA Use Form W-9 only if you are a U & per son (Including a resident alien), to provide your correct TIN to the person requesting It (the requester) and. 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 wfihholding, or 3 Claim exemption from backup withholding If you are a U S exempt payee If applicable, you are also certifying that as a U S person. your allocable share of any partnership Income from a U S trade or business is not subject to the withholding tax on foreign partners' share of effectively connected Incoms Note. If a requester gives you a form other than Form W-9 to request your TIN. you must use the requester's form If H Is substantially similar to this Form W-9 Date t► y'/ (0 / ./-U/ U Definition of a U.S. person, For federal lax purposes, you are considered a U S person if you are: • An Individual who Is a US citizen or U S resident alien, to A partnership. corporation, company, or association created or organized in the United Slates or under the lawns of the United States. • An estate (other than a foreign estate). or a A domestic trust (as defined In Regulations section 301 7701-7) Special rules for partnerships- Partnerships that conduct a trade or business In the United States are generally required to pay a withholding lax on any foreign partners' share of Income from such business Further, In certain cases where a Form W-9 has not been received, a partnership is required to presume that a partner Is a foreign person, and pay the withhoiding tax Therefore, if you are a U S person that Is a partner In a partnership conducting a trade or business In the United Slates. provide Form W9 to the parinershlp to establish your U S status and avoid withholding on your share of partnership Income The person who gives Form W9 to the partnership for purposes of establishing its U s status and avoiding withholding on Its allocable share of net Income from the partnership conducting a trade or business In the United Slates Is in the following cases: to The U S owner of a disregarded entity and not the entity. Cal No 10231X Farm w -g (Rev 10-2001) T&LLAND-111 An I ACORDr. CERTIFICATE OF LIABILITY INSURANCE DATE(MAUDDIYYYY) 7/s/aoo9 PRODUCER (530) 668-2777 Armstrong 8r Associates Insurance Services License # OB50501 P.O. Box 1270 Woodland, CA 95776-1270 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. INSURERS AFFORDING COVERAGE NAIC # INSURED JJ Nguyen, Inc. 3172 Salem Drive San Jose, CA 95127- INSURER A: Golden Eagle Insurance 10836 r INSURER B: National Union Fire Ins. Co, of Pittsburg, INSURER C: State Compensation Insurance Fund GENERAL LIABILITY INSURER D: INSURER E: A COVERAGES 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 CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I SRDD'L I -TA nm TYPE F INSURANCE POLICY NUMBER POLICY EFFECTIVE P Y EXPIRA N LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,0 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE T OCCUR CBP8666577 5/10/2009 5/10/2010PREMISE8 Es NTED-ccqpqa 100,0 MED EXP (Any one person) $ 5,0 PERSONAL & ADV INJURY $ 1,000,0 GENERAL AGGREGATE $ 2,000,0 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS - COMPIOP AGO $ 2,000,0 POLICY X PR LOC A AUTOMOBILE LIABILITY ANY AUTO BA8666477 5/10/2009 5/1012010 COMBINED SINGLE LIMIT $ 1,000,0 (Ee acddent) 130DILY INJURY 5,0 (Per person) $ X ALL OWNED AUTOS SCHEDULED AUTOS BODILY INJURY1,000,0(11 (Per accident) X X HIREDAUTOS NON -OWNED AUTOS X Comp $500 deductible Collision $500 deductble _ (PoeccdeDAMAGE EX int) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ AUTO ONLY: AGO $ ANY AUTO EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,0 B OCCUR CLAIMS MADE BE063820588 6/9/2009 5/10/2010 AGGREGATE $ 5,000,0 E $ DEDUCTIBLE $ X RETENTION $ 10,000 C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY pROPRIETOR/pARTNER/FJfECUTIVE OFFICERIMEMBER EXCLUDED? 290226009 12120/2009 12/20/2010 X TNCY LI TU OER 1,000,0( E.L.EACHACCIDENT E r ---- --- E.L. DISEASE - EA EMPLOYEE 1,000,0 Nes describe under SPECIAL PROVISIONS below E.L. DISEASE POLICY LIMIT $ 1,000,0 OTHER I DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS 10 day notice of cancellation applied for nonpayment of premium i Re: Westwind Community (BARN). Town of Los Altos Hills is named additional Insured in respect general liability per attached. i I CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATI Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022- DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPRESENTATIVE 1 ACORD 25 (2001/08) 0 ACORD CORPORATION 1988 T&LLAND-01 A IMPORTANT If the certificate holder Is an ADDITIONAL INSURED, the policy(les) must be endorsed. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). 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). DISCLAIMER The Certificate of Insurance on the reverse side of this form does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon. ACORD 25 (2001108)