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Home My WebLink AboutJJ Nguyen, Inc. (3)AGREEMENT THIS AGREEMENT is made and entered into on the I" day of $V�- 2009 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: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: Perform additional landscape services and maintenance along the pathway at Foothill College and EI Monte Road 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 9/08/09 3. TERMS. The services and/or materials furnished under this Agreement shall commence 9/28/2009 and shall be completed by 10/09/2009, 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 Ten thousand seven hundred sixty-four dollars and thirty cents ($10,764.30) 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 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 Not to exceed $16.000 per fiscal year Updated 3.17.08 Page 1 of 4 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 - 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 Updated 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. 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 Not to exceed $15,000 per fiscal year Updated 3.17.08 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: Richard Chiu Public Works Director Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Not to exceed $15,000 per fiscal year Updated 3.17.08 CONTRACTOR: By:�- Signature batd Ak % t, ct V1 Tav" I�Jaw�te,,,— Print name, Title 3 TOWN OF LOS ALTOS HILLS: By: 9/,Yog Carl Cahill, City Manager ate Page 4 of 4 JJ NGUYEN INC. UNION LANDSCAPE CONTRACTOR 3172 Salem Dr. San Jose CA. 95127 Tel. (408) 259 -7982 -Fax (408) 347-8183 Lic.# 857202 PROPOSAL Revised DATE 9/8/09 TO: JOHN CHAU PROJECT: FOOTHILL COLLGE PATH The following is c is our quote to furnish and install as per plans and specifications Station Description Unit of Quantity Unit Price Total Measure 10+80 toll 1+25 1 gal Ceanothus Joyce coutler ea 10 10 100 5 gal Arctostaphylos D. Howard ea 3 30 90 Mulch 3 " LS 1 120.00 120 Bubber ea 13 10 130 Lateral line and connect to A2 LS 1 300 300 13+20 tol3+60 1 gal Ceanothus Joyce coutler ea 10 10 100 Mulch 3 " LS 1 100 100 Bubber ea 10 10 100 Lateral line and connect to A3 LS 1 200 200 Reverse Bench LS 1 200 200 14+25 to 16+00 5 gal Arctostaphylos D. Howard ea 20 30 600 Mulch 3 " LS 1 150 150 Bubber ea 20 10 200 Lateral line and connect to A10 LS 1 250 250 CHANGE bubbler to 1402 ea 6 6 36 17+50 to 18+00 24 " box ea 3 350 1050 1 gal Ceanothus Joyce coutler ea 8 10 80 5 gal Arctostaphylos D. Howard ea 4 30 120 Mulch 3 " LS 1 150 150 Bubber ea 14 10 140 LS 1 250 250 Verify ex. Lateral line and upgrade LS 1 200 200 20+28 to 21+25 24" box ea 1 300 300 1 gal Ceanothus Joyce coutler ea 57 10 570 Mulch 3 " LS 1 350 350 Bubber ea 7 10 70 Lateral line and connect to All 0 LS 1 150 150 Reverse Bench LS 1 200 200 5 gal ea 8 30 240 shurb spray ea 6 20 120 Lateral line and connect to A14 LS 1 300 300 23+75 to 23+83 Lateral and bubber LS 1 60 60 1 gal Violacea ea 1 25 25 27+20 to 28+56 1 gal Violacea ea 19 25 475 Bubber ea 19 10 190 Lateral line and connect to A22 LS 1 250 250 SubTOTAL 7966 ADM LS 5% 398.3 Maintenance LS 2400 Total $ 10,764.3 Formw-9 Request for Taxpayer Give form to the (Rev. October 2007) Identification Number and Certification requester. Do not Department of the Treasury _ - sent) to the IRS, Internal Revenue Service number to enter. Name (as showyn on yyour�isncco`me return) N pt'a"x ) °-�' t� _y� w 1 V l� tM Business name, if different frorril above c 0 w o Check appropriate box: L1IndividuallSals proprietor .<Corporation 1:1Partnership Limited liability Enter the tax ► Exempt (] company. classification (D=disregarded entity, C=corporation, P=partnership) Other (see instructions) 10 -- payee Address (number, street, and apt. or suite no.) Requester's name and address (optional) IL 0 ._ ler" ✓` Town of Los Altos Hills City, state and ZIP code sy�� y��— `7 u w 26879 Fremont Road to c-, i Los Altos Hills, GA 94022 w List account number(s) here (optional) Taxpayer Identification Number (TIN) Enter your TIN in the appropriate box. The TIN provided must match the name given on Line 1 to avoid Social security number 1 backup withholding, For individuals, this Is your social security number (SSN). However, for a resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3, For other entities, it is Your employer identification number (EIN). If you do not have a number, see How to get a TIN on page 3, or Nate, If the account is in more than one name, see the chart on page 4 for guidelines on whose Em,tloyer identification number �:M number to enter. Under penalties of perjury, I certify that: 1. The number shown on this form is my correct taxpayer identification number (or l am waiting for a number to be issued to rne), and 2. 1 am not subject to backup withholding because:; (a) I am exempt from backup withholding, or (b) I have not been notified 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 ani no longer Subject to backup withholding, and 3. I am a U.S. citizen or other U.S'. person (defined below). Certification Instructions.' YOU must cross out item 2 above If you have been notified by the IRS that you are currently subject to backup withholding because you have failed 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 (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the,rinstructlons on page 4. Sign Signature of_ Here U.S, person 00-// bate 00- General Instructions Section references are to the Internal Revenue Code unless otherwise noted. A person who is required to file an information return with the IRS must obtain your correct taxpayer identification 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 rade to an IRA. Use Form W-9 only if you are a U.S. person (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 withholding, 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 income. Notre. If a requester gives you a form other than Form W-9 to request your TIN, you must use the requester's form if it Is substantlall similar to this Form W-9 Definition of a U.S. person. For federal tax purposes; you are considered a U,S. person if you are:. • An individual who Is a U,S, citizen or U.S. resident alien, • A partnership, corporation, company, or association created or organized in the United States or under the laws of the United States, • An estate (other than a foreign estate), or e 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 tax 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 withholding tax Therefore, if you are a U.S. person that is a partner in a partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S, status and avoid withholding on your share of partnership income. The person who gives Form W-9 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 States is In the following cases: Y • The U.S, owner of a disregarded entity and not the entity, Cat. No. 10231X Form W-9 (Rev. 10-2007) T&ELAND-01 ADNI ACORV,,, CERTIFICATE OF LIABILITY INSURANCE DATE(MMIDDIYYYY) POLICIES, AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRDD'L L 9/2112009 IRODUCER (530) 668-2777 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION Armstrong & Associates Insurance Services POLICY EXPIRATION DATE (MMIDDrYYi ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE License # OB50501 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. P.O. Box 1270 A X Woodland, CA 95776-1270 CBP8656577 INSURERS AFFORDING COVERAGE NAIC # INSURED JJ Nguyen, Inc. PREMISES Ea occurence $ 100,000 INSURER A: Golden Eagle Insurance 10836 3172 Salem Drive INSURER B: National Union Fire Ins. Co. of Pittsburg, Penn. San Jose, CA 95127 - INSURER c: Endurance Reinsurance Corp of America PERSONAL & ADV INJURY $ 1,000,000 INSURER D: INSURER E: 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. INSRDD'L L N R TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE DATE IDD POLICY EXPIRATION DATE (MMIDDrYYi LIMITS GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A X X COMMERCIAL GENERAL LIABILITY CLAIMS MADE ® OCCUR CBP8656577 5/10/2009 5/10/2010 PREMISES Ea occurence $ 100,000 MED EXP (Any one person) $ 5,000 PERSONAL & ADV INJURY $ 1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ 2,000,000 POLICY PE O LOC A AUTOMOBILE LIABILITY ANY AUTO BA8666477 5/10/2009 5/10/2010 COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY$ 5,000 (Per person) X ALL OWNED AUTOS SCHEDULED AUTOS X X HIRED AUTOS NON -OWNED AUTOS BODILY INJURY $ 1,000,000 (Per accident) X X Comp $500 deductible Collision $500 deductible PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY - EA ACCIDENT $ OTHER THAN EA ACC $ ANY AUTO AUTO ONLY: AGG $ EXCESSIUMBRELLA LIABILITY EACH OCCURRENCE $ 5,000,000 B OCCUR CLAIMS MADE BE063820588 6/9/2009 5/10/2010 AGGREGATE $ 5,000,000 $ DEDUCTIBLE X RETENTION $ 10,000 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? WEN002992602 _ 9/11/2008 9/11/2009 X WC STATU- OTH- TORY LIMITS I I ER E.L. EACH ACCIDENT $ 1,000,000 E.L. DISEASE - EA EMPLOYEq $ 1,000,000 If es, describe under SPECIAL PROVISIONS below E.L. DISEASE - POLICY LIMIT $ 1,000,000 OTHER DESCRIPTION OF OPERATIONS / LOCATIONS I VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT / SPECIAL PROVISIONS 10 day notice of cancellation applied for nonpayment of premium Re: Landscape maintenance along the pathway at Foothill College and EI Monte Road. Town of Los Altos Hills is named additional insured in respect general liability per attached'. L;LK I II-IUA I t HL)LULK Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 - SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 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 C�M �.^ ACORD 25 (2001108) 0 ACORD CORPORATION 1988 T&LLAND-01 ADNI IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) 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 26 (2001/08) POLICY NIJMBER: CBP8656577 CG 20 10 07 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. k11tP1111 - 4?A' CONTRACTORS - SCHEDULED PERSON OR. ORGANIZATION "!'his endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCIIEDULE Name Of Additional Insured Person(s) Or Organization(s): Location(s) Of Covered Operations Town ofLos Altos Hills Landscape maintenance along the pathway 26379 Fremont Road at Foothill College and El Monte Road Los Altos Hills, CA. 94022 Information required to cmilplete this Schedule, if not shown above, will be shown in the Declarations. A. Section I:1— Who is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts o.r. omissions of those acting on your behalf; in the performance of your ongoing operations for additional insured(s) at the location(s) designated above. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: I. Afl. work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person. or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 07 04 @ ISO Properties, Inc., 2004 Page 1 of 1