HomeMy WebLinkAboutS. P. McClenahan Co., Inc.AGREEMENT
THIS AGREEMENT 'is made and entered into on the da of 2013 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and S.P. McClenahan Co., Inc. (hereinafter referred to as "CONTRACTOR"). In
consideration of their rnLltual covenants, the parties hereto agree as follows:
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materials:
Tree care and removal at Westwind Barn, Town Hall and
Edith Park in Los Altos Hills,,
2. EXHIBITS, The following attached exhibits are hereby incorporated into and made
a part of this Agreernelit:
Proposal from CONTRACTOR dated November, 2013
3. TERMS. The services and/or materials furnished under this Agreement shall
c ornmence i /c/iq and shall be completed by j1gd11j 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 Fourteen thousand
nine hundred ninety-five dollars and zero cents ($14,995.00) 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 res ' ponsible for any interest or late
charges on -ny p yments 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 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 cornrTiencing any sewices 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
prernises/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 fa.ilure
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 4/2$110
c. NON-,DI*SCRIMI NATION. No discrimination shall be made in the employment of
persons Linder 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 d0CLlments 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,
ans,
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 I. -os Altos Hills Page 3 of 4
Short form
Updated 4/23/10
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 B, I
U
26379 Fremont Road ip-e u re Date
Los Altos Hills, CA 94022 6100
kLot cv;�'
Print name, Title
TOWN OF LOS ALTOS HILLS:
12. 3 2-013
By.
Carl Cahill, ity Manager Da
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4/23/10
Town of Los Altos Hills Tree Care Proposal
November 2013
S.P. McClenahan Co., In c."s revised November 2013 Tree Care Proposal for the Town of Los Altos Hills is respectfully
submitted to Mr. Richard Chiu for review on November 20, 2013, S,P. McClenahan Co., Inc. was tasked with a review
of three sites to determine budget recommendations for the care and maintenance of trees
As a result of this study, we identified the following summary of sites yielding a total recommended budget of
$14,995. 1 have included Kevin Kielty's spreadsheet with the figures requested for pruning, removal, and fertilizatio.n.
Please reference the spreadsheet for (additional included) pricing if the Town elects to differ from our
recommendations provided in this proposal.
2013 Tree Care Budget Recommendations
Enclosed with this proposal is the spreadsheet with pricing broken down for individual trees and comments f'or trees
previously removed, Our budget includes pricing for Priority I and 2 trees only, Summary per site included h. elow:
Site Pruning Budget Removal Bu 'Fertilization Budget Total
James •M, McClenahan
Gary V. Armstrong
John H, McClenahan
IU guel A. Berumen
Joshua T. McCtenahan
Juar.,tarjos
S,CCLENAHAN
$5,145
ARBORICUITUMSTS
$1, x'05
$395
$2,130
Contractors Lic, #651341
Edith P.a,r,k $21,700 $2,300 $560 $5,560
TOer 49" fl
1.1 rastradero Road, Portola'Valley, CA 94028-8012
Telephone (650) 326-8781
Fax (650) 854-1267
www.spmcclenatian.com
Town of Los Altos Hills Tree Care Proposal
November 2013
S.P. McClenahan Co., In c."s revised November 2013 Tree Care Proposal for the Town of Los Altos Hills is respectfully
submitted to Mr. Richard Chiu for review on November 20, 2013, S,P. McClenahan Co., Inc. was tasked with a review
of three sites to determine budget recommendations for the care and maintenance of trees
As a result of this study, we identified the following summary of sites yielding a total recommended budget of
$14,995. 1 have included Kevin Kielty's spreadsheet with the figures requested for pruning, removal, and fertilizatio.n.
Please reference the spreadsheet for (additional included) pricing if the Town elects to differ from our
recommendations provided in this proposal.
2013 Tree Care Budget Recommendations
Enclosed with this proposal is the spreadsheet with pricing broken down for individual trees and comments f'or trees
previously removed, Our budget includes pricing for Priority I and 2 trees only, Summary per site included h. elow:
Site Pruning Budget Removal Bu 'Fertilization Budget Total
Westwind Barn Notes:
After reviewing the Westwind Barn site, we recommend the removal of Monterey pine #16 due to poor vigor and
very poor condition rating. The above surn'mary includes the additional removal of Monterey pine H16 at Westwind
barn, which is an additional $725 above the fertilization cost. Total site budget with this recommendation: $5,145
Town Hall Notes:
Our recommendation for the acacia #41 is removal, Vigor seems to have improved or cypress #56 and #57, so our
recommendation is to retain and fertilize. Total site budget with above recommendations: $4,290
Edith Park Notes:
Our recommendation of the Red gum eucalypts #11 and #12 is removal, The adjacent #13 was previously removed.
Total site budget with this recommendation, $5,560
Westwind Barn
$4,080
$800
$265
$5,145
Town Hall
$1, x'05
$395
$2,130
$41290
Edith P.a,r,k $21,700 $2,300 $560 $5,560
TOer 49" fl
Westwind Barn Notes:
After reviewing the Westwind Barn site, we recommend the removal of Monterey pine #16 due to poor vigor and
very poor condition rating. The above surn'mary includes the additional removal of Monterey pine H16 at Westwind
barn, which is an additional $725 above the fertilization cost. Total site budget with this recommendation: $5,145
Town Hall Notes:
Our recommendation for the acacia #41 is removal, Vigor seems to have improved or cypress #56 and #57, so our
recommendation is to retain and fertilize. Total site budget with above recommendations: $4,290
Edith Park Notes:
Our recommendation of the Red gum eucalypts #11 and #12 is removal, The adjacent #13 was previously removed.
Total site budget with this recommendation, $5,560
Areas of concern which must be addressed if we are selected at the tree care provider for this project:
o Must have clear access to trees with trucks and equipment; we would communicate with the Town In
advance of all work to ensure appropriate dates/times are selected
o Must have access to horse corrals, which would include moving horses to alternate locations for a
maximum of two days,
On behalf of all of us at S.P. McClenahan Co,, Inc., we would like to express our gratitude to the Town of Los Altos
Hills for your trust in our professional decision making, arboricultural work practices, and administrative execution,
We are excited about the opportunity to partner with the Town of Los Altos Hills for this project as well as future
endeavors, Should you have any questions regarding the following proposal, please contact our office at anytime.
Respectfully Submitted Bya,
Joshua T. McClanahan, M.S., CSP, CTSP
ISA Certified Arborist WE -9593A
Ptd W -ISA Certified Tree Risk Assessor #1752
Acceptance of Contract
If you have any special instructions please feel free to note them below, emallJoshua@spmcclenahan.com r
o
contact us at (550) 326-8781, By signing and returning the enclosed letter, you agree to the terms., conditions.,
and work specifications.
Comments:
Authorized By:
Print Name,. Tree Owner
Authorized By:
Signature
Date:
Richard Chiu
From:
Richard Lee
Sent:
Wednesday, November 20, 2013 9:39 AM
To:
Richard Chiu
Subject:
RE: Town of LAH Tree Care Proposal
Richard C,
KN
PM -o. M#1339i 10
ymmmt
From: Richard Chiu
Sent: Wednesday, November 20,, 20139:32 AM
To: Richard Lee
Subject: FW: Town of LAH Tree Care Proposal
Please confirm we have funds to do this work.
0
From: Joshua McClenahan [maiito oshua@spm ccienahan.com]
Sent: Wednesday, November 20, 2013 9:10 AM
To: Richard Chi
Subject: Town of LAH Tree Care Proposal
Good Morning Richard
Our revised proposal is attached and reflects an update to the pricing schedule at Edith Park. If you have any further
questions, please contact me anythne.
Thank you again!
Josh
Joshua McClenahan, MS, CSP, C
Chief Operating Officer
ISA Certified Arborist WE -9593A
Certified Tree Risk Assessor #1752
S.P. cClenahan Co., Inc.
I