HomeMy WebLinkAboutEllis, Deborah (2) Str V
AGREEMENT Imo_ Z0''Ir l
THIS AGREEMENT is made and entered into on the j day of�j0)1 �64�by (D.2l
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and Deborah Ellis, MS (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:
Locate and mark trees for Sudden Oak prophilactic spraying
and mark small bay trees to be removed near the same
oaks at Byrne Park Preserve.
2. EXHIBITS. The following attached exhibits are here3y incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated July 25, 2014
3. TERMS. The services and/or materials furnished under this Agreement shall
commence (Q/I/(t} and shall be completed by /Q/3Q//y , unless terminated
pursuant to Section (f).
4. COMPENSATION. For the full performance of this Agreement:
a. TOWN shall pay CONTRACTOR an amount not to exceed Seven thousand
dollars and zero cents ($7,000.00) 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.
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Town of Los Altos Hills Page 1 of 4
Shen mm
Updated 4/2a110
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:
40 eMplo/et5- O WO :" comp; ibn
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.
_ _ : .... .- _-.- . -. Cp,��f,.C.
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
Up1aIod 4123/10
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.
a 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, ali 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 9([3/10
4100 V
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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.
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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
Town Works DirectorHill y 9- bIif
Town of Los Altos Hills By: 46402,01/.0I'Z
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Print name,Title
TOWNOF
LOS ALTOS HILLS: a�}
By: CIA to-11 att I
Carl Cahii� ager Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4/23110
it N
Deborah Ellis, MS
Consulting Arborist B Horticulturist
Seim?since 1984
Richard Chiu
Los Altos Hills Planning Department
26379 Fremont Road,
Los Altos Hills, CA 94022
July 25, 2014
Proposal for Byrne Park Preserve- Location and marking of trees for Sudden Oak
prophylactic spraying to be done In November 2014, and marking of small bay trees
to remove near these same oaks
Dear Richard:
Once again the Town of Los Altos Hills would like me to review which trees in the Preserve should be
treated for Sudden Oak Death disease. This assignment also Includes walking the site with the selected
pest control service contractor to acquaint him/her with the site and help him to locate all of the trees.
An additional task that has not been done in previous years is to mark small California bay trees
(Umbel/utopia californica) for removal that are near oaks to be sprayed. In order to obtain the best
mortality of these bay trees to be removed, their trunks should be cut to the ground as possible and the
cut face of the stump immediately coated with a brush killer type herbicide labeled for this purpose.
Such herbicides can translocate between bay trees that have root-grafted or are otherwise
connected however, so herbicide treated bay trees should be relatively isolated from other bay trees
that are not going to be removed. It Is possible however, that adjacent bay trees could be affected
by use of the herbicide even if there seems to bean adequately large space between bay trees.
Alternatively bay trees can be cut to the ground and regrowth from the stump can be recut annually
for several years until there is no resprouting and the target bay tree is dead. This requires dedication
for many years however, as bay trees cut to stumps will often resprout vigorously and will develop a
dense mass of foliage that will gradually increase in height from multiple trunks.
Work proposed:
1. Locate and mark trees for Sudden Oak Death (SOD) prophylactic spraying during November of
2013 In In Byrne Park Preserve that:
• are coast live or black oaks (Quercus agrifolia or O. kelloggii)
• have trunk DBI-1 of 18 inches or greater
• Show no or only very slight possible symptoms of sudden oak death disease
• would present a high risk to trail users if contracted SOD and fell over and/or apart due to SOD
infection
• are within reasonable distance and access of the trail for prophylactic spraying now and in the
future
• The report I prepare for you will be similar to the report that I prepared for this same work in 2013
(the 2013 report is dated October 17, 2013).
PO Box 3714,Saratoga,CA 95070. 408-725-1357. decah@pacbell.net. http://www.decah.com.
Byrne Park Proposal. July 25,2014 Page 1 of 2
Deborah Ellis, MS
Consulting Arborist&Horticulturist
Seaur since 1984
• will also walk the site with the pest control company that you hire to do the spraying, to orient
him/her to the site and also to help him find all trees that need to be sprayed. I anticipate that this
orientation walk will take 2-4 hours. I will also allow for another follow-up visit with the contractor in
case they cannot find some of the trees.
• The cost for this work will be$6000 on a flat-fee basis.
2. The marking of small bay trees to be removed near the above oaks:
• Bay trees with trunk diameters of 6 inches or less,with foliage within 15 feet of coast live oaks to
be sprayed will be marked if there are no larger and/or overhanging bay trees with foliage
within 15 feet of the oak tree, and it appears that translocation of the brush killer herbicide will
not affect adjacent bay trees. A notation in the report of the number and trunk diameter
range will be included in the report,for example: #100, coast live oak (24"):6 bays, (2-4"). The
cost for this work will be a flat fee of$1000.00
•
I plan to complete fhls work during the first week of October.
Thank you for the opportunity to provide this proposal for service again. Please call me if you have
questions or if I can be of further assistance.
Sincerelly,,�,y,
116���r6'q/""a^.` Oc omh p4
Deborah Ellis,MS. asca
Consulting Arborist&Horticulturist
Certified Professional Horticulturist 430022
ASCA Registered Consulting Arborist 4305 o%ma 'de'er
LS.A, Board Certified Master Arborist WE-457B
PO Box 3714,Saratoga,CA 95070. 406-725-1357. decah@pacbell.net. http://www.decah.com.
Byrne Park Proposal, July 25,2014 Page 2 of 2