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HomeMy WebLinkAboutKielty Arborist ServicesAGREEMENT 114k7 y THIS AGREEMENT 6 of - 2015 b is made and entered into on the day /4� / and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Kielty Arborist Services (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: Inspect and recommend trimming or removing trees on the major roads and trails in the Town of Los Altos Hills. 2. EXHIBITS, The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated April 22, 2015 3. TERMS. The and/or materials furnished under this Agreement shall I commence 5 , Y -lir and shall be completed by *7131111F unless terminated pursuant to Section 5(f). 4. C MPENSATION. For the full performance of this Agreement: a, TOWN shall pay CONTRACTOR an amount not to exceed eight thousand three hundred dollars and zero cents ($8,300.00) 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 professionaVindustry 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 incomiplete goods/services. Town of Los Altos Hilfs Page I 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, ii, COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE INSURANCE: General Liability and Property Damage Combined. $1,000,000.99 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) time the occurrence limit. iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. 1 0 v, 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 insuredst 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 4/23/10 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. I 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 4/23110 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 ih'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: 26379 Fremont Road Los Altos Hills, CA 94022 TOWN OF LOS ALTOS HILLS: Aft By: -OI Carl Cahill, City Manager ate Town of Los Altos Hills Page 4 of 4 Short form Updated 4123110 Kielty Arborist Services LLC P.O. Box 6187 San Mateo, CA 94403 650-515-9783 April 22, 2015 Town of Los Altos Hills Attn: Richard Chiu City Engineer/ Public Works Director 26379 Fremont Road Los Altos Hills, CA 94022 Dear Mr. Chiu, As requested I am providing an estimate for inspecting and recommending trimming or removing trees on the major roads and- traits in the Town of Los Altos Hills. The report will be a visual assessment of trees that may be a hazardous near these roads, The report will fficlude-, + Possibly hazardous trees will be located on a map provided by you + Trees will be Identified, numbered and tagged + Where possible the diameters of each tree will be measured @ 54" above ground level. + A condition rating will be assigned to each tree. + The height will be estimated and the spread will be paced off. + A comments and a summary will be provided for each tree. + Pruning or removal specifications will be provided. + A 1-3 priority for maintenance Will be assigned to each tree. + GPS coordinates will be provided for each tree. + Previously trimmed trees will be reviewed, + A thorough decay assessinent will be provide for the oak at 25900 Elena The estimated cost of this work- for the major streets and paths will be: The estimated cost of this work at Town Hall will be: The estimated cost for Puff isima park wi 11 be, The estimated cost for this wor1c at Westwin Barn will be The estimated work for Edith Park will be: Total If all site are approved the total cost of the 5 sites will not exceed $8,300.00 Thank You, Kevin R. Kielty Certified Arborist WE#0476A $61000.00 $500.00 $800.00 $500.00 $500.00 $8,300,00 Form W=9 MW (Rev. October 2007) Department of the Treawry Internel Revenue Service *no Name (as ohown on *13 Busineas name. If different from Request for Taxpayer Give form to the Identiffeation Number and Certification requester. Do not I send to the IRS. tax return) Check appropriate bad: [I Individual/Sole, proprietor D Corporal on D Partnerahlp, Exempt Limited liability company. Enter t4e tax d-mification (D=dIsregarded entity, C=carporcrtlon, Npartnership) 0. El payee payee E] Other (see instruc0ons) 0 - Address (number,tr or suite no) Requestarl4b " name etnd address (optional); 1221110.4 7 /in, L Tin t. I no AIM,* Mile City, sLate, and ZIP code List account numtier(e) here.(optionaQ Taxpayer Identification Number MIN 26379 Fremoift Road Los Altos Hills, CA 9402.2 Enter your TIN in the.appropriate box. The TIN provided must match the name -given -on Line 1 to avoid aeouffly. number backup withholding. For -Individuals, this Is your.soclal security ml.r7ber.(86N). However. for a resident alien, We proprietor, or disregarded antity, see the Part I Instructions on pago 3. For other entities, it Is your employer identifloaflon nwnber (EIN), If .you do ndt have a- number, see Now to get a TIN on paps $. or Note. If the account is In more then one name, see the chart -on page 4 for guidelines an whose E ploye.r Identification number number to anter.I 7 3,Z§-67 Corlification Under penalties of parjUry, I cortity that: 1. The number *shown on fhl-s form is my correct taxpayorld6ritifloation number (or I am waiting for a number to 160 ISSUOd to me), and 2, 1 am riot subject to baokqp withholding b0=180.' (a) I am 'exsml)t from baokupWthh,6fdfng, or (b) I ha*Ve. not been.notiflod by the Internal' Revenus Service (IRS) that I am SU liject to backup VIAthholding As a rosult' of a failure 'to report all Interest or dividends, or (o) the IRS has notified me that I arn no longer SLjbjeCt to backup'wIthhol.dirig, and 2. 1 am a U.S.,offizen or other U.S. person (defined below), Certification Instructions. You mast cross out item 2above if you have been notified by the IRS that yott are currently subjeot.40. tckup withholding because you .have failed to report all interest and dividends on your tax return, For real estate transactions, Item 2 doos,;not- applyf For mortgage Interest paid, aoquisillon or 'abandonment of '..secured Oroperty, can;*Ieitlon of -debt, contributions to an individual retirerniant arrangenient (IRA), and generally, pay-monts oth6r than 1'i7tgreat and dividends, YOU are n6t required to sign the GartiflOstiOn, but YOU must provide YO,Lir correct TIN, 6ee the instruction' oh pag 819ri I signat"M of H ere UA person 10 - General Instructions Section references are to the Internal Revane40qdo. unless otherwise 'noted. Purpose of Form A person who Is required to. file an inforMtIon return with the IRS must obtain your correct taxpayer Identification number (TIN) to report, for example, income paid to you, real estate transactions, rnaftage interest you paid, acquisition or abandonment of s6cured property, cancellation of debt, or contributions you made 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 wafting for a numbor to be issuod), 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,8. 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, 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 it is substantially similar to this Form W-9. Definition of a U.$. person. For Moral tax purposes, you are donsilered a U.S. person` if you are: *lin. individual Who is a U-3. citizen or U.S. resident allon, *.A partww-ship, corporation, cp.rnpapy, dr assoclation created or orpnized In tho. UnItod States or,undor the I<Iws of the united States, • An estate (other than a foreign estate), or • A domastio trust (as defln*ed in Regulations section 301. 7 701-7). Spoclal rules for partnership'sPartnerships that conduct a trade or business in the United States are generally r6quired to pay ;a withholding fax on any foreign partners' sharp of Income from such business. Further, in certain oases where a Form W-9 has not been received, a partnership is required to presunv than a partner is a foreign person, and pay the withholding tax, Therefore, I you are a U, S. poison that is a partner In a pattnership conducting a trade or business In the United States, provide Form W-9 to the partnorship 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 partniqrship conducting a trade or business in the United States Is, in tho fd1lowing cases: The U.S. owner of a dIsregarde'd entity and not the entity, Cat. No. 1025IX Form W-9 (Rev, 10-2007)