Loading...
HomeMy WebLinkAboutKielty Arborist Services (2)AGREEMENT THIS AGREEMENT is made and entered into on the::l day of J 2016 by 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, Town Hall, Purissima Park, Westwind Barn, and Edith Park 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 May 31, 2016 3. TERMS. The services and/or materials furnished under- this Agreement shall .4". commence and shall be completed by 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 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 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 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 pro . perty 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. 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 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. 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 4/23/10 e ENTRE AGREEMENT,. Thl's Agreementrepresents the satire agreement between the Parties. Any amuls or disputed terns 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 TOWK In witness whereof, the parfies have executed this Agreement the day and year first 'written above, CONTRACT COORDINATOR and representatiVe for TOWN: CONTRACTORT Richard Chiu Public Works Director Town of Los Altos Hills By, 26379 Fremont Road S.119nature Date Los Altos Hills,,, CA -4022 Print name, Title TOWN B LOS OS H11- By: _ a i t Carl Cell, City Manager Dale Kielty Arborist Services LLC P.O. Box 6187 San Mateo, CA 94403 650-515-9783 May 31, 2016 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 trails 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 include: ♦ Possibly hazardous trees will be located on a map provided by you ♦ Trees will be Identified, numbered and tagged ♦ Where pos sible 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 assessment 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 Purrisima Park will be: The estimated cost for this work 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 $6,000.00. $500.00 $800.00 $500.00 $500.00 $8,300.00 Form W 9 Request for Taxpayer Give forma to the (Rev. October 2007) Identification Number and Certification requester. Do not Departrnrant. of the'Treasury send to the IRS. internal Revenue Set -vice Name (as shown on your income tax return) Business name, if different from above �Check appropriate box:Ind ividual/Soleproprietor Corporation Partnership Exempt F-1 Limited,liability company. Enter the tax. classification (D=disregard6d entity C=corporatioh, P=+artnership) Oo- F-1 F P payee Other (see instructio+n6) 110, Address (number, street, and. apt, or suite no.) Re.quester's.name and address ptibnal) City, state, and ZIP code List. account nUmber(s) here, (optional) TaXpayerIdemi fication Number (TI Town of Los Altos Hills, 26379 Frommot. Road Los,.Altos Hills, CA 94022 Enter Your TIN in the,appropriate box, The TIN provided mum st atch m the nae given on Line� 1 to avoid Social . S+e purity humber backup withholding. For individuals, ls, this is Your social security number (SSN), However fo,r*.a resident alien, sole proprietor, or di regarded entity, see the Part I instructions on page 3. For entities, it is your employer identification number (E IN). If You do not have a number, see How to get a TIN on page 3, or Note, If the account is in more than one name, see the chart on page -4 for 'guidelines on whose Employer identification number number to enter. Certification Under penalties of perjury, I certify that: 1. 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 2. 1 am not subject to backup withho[ding becaLlSe: (a) I am exempt from backLIP withholding, or (b) I have. not been notified by the Internal Raver Ue Service (IRS) that I am subject to backrUp withholdin a all interest or dividends, or (c) the IRS has as a result of a failure to. report notified.. rn.e that I am no. longer .s(ib I ject to backUpwithhoi.ding, and 3, 1 am a U.S. citizen or other U,S. person (defined below). Cert.1ficatiori instructiorig. YOU must cross out item Zabove 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.bstate, transactions., item 2 -does not app ]y.. For mortgage interest paid, paid, acqUiSiti011 or:abandonment of securedproperty..,.- -cancellation of :debt, Contributions to an-individUal retirerridot arrangement (IRA), and generally., p8yments other than interest, and dividends, �you are not required. to. --sign the.Certification., but. you rnust prov i d.e ' y6ur co rrect''TIN. $e.e:theJi 1-strO.Ot . i008 , on page 4. .............. . .................. . ........ . . .... . .. . ... . ......... . ............ ............. .......................................... ................ . . ..... ................................... . .................. ......... . ...... . .. . ............ . ...................... ... — .. . ..... . ....... . ..... . .. . .. . ....... ..... .............. . ...... . . ...... ... ............... ....... . ...... . ..... Sian I 8ig,,tum Of H ere u.. person lo, Genera'l Instructions 8 K.. tion references are to the I.nt.ernal Revenue Codo, unless otherwise noted. A person who is required to file an it return. with the IRS must obtai-n your correct taxpayer P yer identifi.catio�n n*umber (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.S, person (including a r ident alien), to provide your correct TIN to the person .esi 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 frombaCkup withholding if you are a U.S. exempt payee. If applicable, you are also.cortifying 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 effectiveily co,nnocted income. Note. If a requester gives you. -a form other than Form Wt to: request your TIN, you Must use the requesteir's form if'it is substantially similar to this Form*-'Ww-9. Date 00- Definiltion of a U.S. prom. For fi4deral taxpurpos §eis,. you are considered a U.S. person if you are,, An individual Who is a U.S. citizen or U. resident alien, A partnership, corporation, company, or I association created. or .or g , ani , zed in the United States or under the laws of. the U nited os * An astute - (other than a foreign estate), or * A domestic trust (as defined in Regulations section 301.7701-7), Special rules for par tter s'hilips. 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 -Oresumo::that a p . artner is <a foreign person, and pay thewithholding tax. Therefore, if you are a U, S; person that- is a partner in.'a partnership conducting -atrade 'gar business in the United States., provide Form W-9 to the partnership to establish your U,,,;.,. 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 I on its allocable share of net income from the partner . ship conducting a trade or b.usiness; in the!. United States is in the following cases: A A A 4,A qW I tv V. I owner(a lr;�,J k:� I t,- i (3 H not MV H KY.$ Cat, No. 10231X Form W-9 (Rev, 10-2007)