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HomeMy WebLinkAboutTimberline Tree Service, Inc.day of A 961'vr' THIS AGREEMENT is made and entered into on the , 2018 by and between the TOWN, OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Timberline Tree 'Service, 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 folloVing, specified service's and/or materials: Remove 9 eucalyptus trees on Altamont Road across Padre Court. Haul away a.11 debris and wood. 2. EXHIBITS'. The following, attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated February 6, 2018 3. TERMS. 'The - services and/or materia'Is furnished unde . r this Agreement shall .�-n I cornmencej / 1AI'Do1 and shall be completed by 311-3ei-f tS unless terminated pursuant to Section 5(f). COMPENSATION. For the full performance of this Agreement,: a. TOWN shall pay CONTRACTOR an amount not to. exceed fifteen thousand dollars and zero cents ($15,000.00) within thirty, (30) days following receipt .of invoice and 'completion/delivery of services/goods as detailed in - Sections 1 1 21, 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 CONTRACTORI s costs or expenses to deliver any services/goods. Town 'shall not be responsible for any interest or late charges on anj 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 termsof this Agreement. TOWN will 'not. accept or compensate CONTRACTOR, for incomplete goods/services. Town of Los Altos Hills P Shed form age I of 4 Updated 4123110 5. GENERAL TERMS AND CONDITIONS. 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: i. WORKERS COMPENSATI.ON 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, ev'dence of insurance coverage must be shown by a properly i 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 Hilfs 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. 16 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. I 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 wriften 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. 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-Oxclusive 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. CONTRA+ TOR. 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 4123110 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 TO11'N: Allen Chen Public Works Director/City Engineer Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills Short form Updated 4123111) CONTRAG R: B. Signature Date Print name, Title TOWN OF LOS ALTOS H11 LS: By: 3 r� ,�/d' CarFCaN11, City Manager Date Page 4 of 4 TREE SERVICES ,INC. 350 Lang Road, Burlingame, CA 94010 (650) 697-2310 # Fax (650) 697-4139a License #710738 sales Otimbedinetresservice.com Fully Licensed and Insured for Your Protection Name ---Town- QfLQ5 A1195 Hills Phone 947-2510 Phone Date 2/6,11B. Street Padre Court Billing Jchaup'losaltoshills.ca.gov city Los Altos Hills ZIP 94022 City Zip ESTIMATE Remove (2) large Eucalyptus trees to just above ground level Haul all debris and wood Remove (3) Eucalyptus trees to just above ground level I-Taul all debris and wood Remove (4) Eucalyptus trees to just above ground level Haul all debris and wood $8,000.00 $2,000.00 $5,000-00 Estimated by Steve, Willett CONTRACT • All contract work inust be listed. No verbal agreemcuts are accepted. * STUMP GRINDINGS WW NOT be hauled away unless otherwise spedified. • We are not responsible for underground -utilities, pipes, or what. # TREE ROOTS wiR NOT be remove'd unless otherwise specified above. • All permits and their asaociated fws are the repmsibility of the property awnm -* We are not responsible for concrete stains caused by tree sap. An express mechanics lien is hereby acknowledged on the above property to secure the amount of smices provided thereto, Customer: Acceptod by Date The above is an estimate and does not constitute, any agreement to perfo= work unless accepted by Timberline below. Timberline: Accepted by Date ForrnW09 (Rev. Odober 2007) Department Or Me TrvawrY Interrial FleVenutm SaMO I I Name (as shown on Your C; 0 CL a 0 CL 0 40 Request for Taxpayer Give form lo the Identification Number and Cartificati -an requester. Do not send to the OWN tax return) i ILe- 94 4,, Bwiniw rtwie, N diflarent from above Check appropriate: bo)c 0 hdivtdUaVS61e proprietor � Corporation 11 Partnership 1 1:1 Exempt ❑ Limitod lifaSlity -company. Enter the t©x dessificaflon (D=disregarded enMy, C�--=poratlan, P=partniersKip) 011- payee ❑ Othor (see Jnstruc,�om) P- address (number, street, and apt, or suite n Paquesterla name and address (Op*naq 3> La tiat Town of Los Altos Hills City, state, and ZIP code 26379 Ffemont Road % account number(s) (oprionao T Nu " L -TL� L osAllosHills, CA 94022 -W Enter your TIN in the appCaPriate box. The TIN promided must match the name given cin * Una I to avoid backup vAthholding. For individuals, this is your social security number (SSN). However, for a resident alien, sol -a prop"'ator, 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.14dw to get a 77N on page 3. Note. If the account Is in more than one name, soo the chart on .page 4 foe gu.idialines on vyhoea number to enter. Certif "coa ion $Ocial security number or. Employer identilleadon amber 4 J ft el 11 L.Wgq 4 (o Under Penalties of perjury, I certify that'. 1. The number shown on this form Is my correct taxpayer Identification rurnber (or I am waging for a number to be issued to me), and 2. 1 am nol subject to backup withholding because: (a) I am exempt tram backup withholding, or (b) I have not been notified by the Intornal Revenue Service ORS) that I am subject to backup withholding as a.result of a failure to roport all Interest or dividends, or(c) the IRS has nolifisd me that I am no longer subject to backup withholding, and 3. I:am a U,S. citizen or other U.S. person (defined below). Certification Instructions. You mLmt cross out item 2 above it you have been notified by the IRS that you ara currently subject to backup. withholding badause yoti have fall -led to report all interW and dividends on your tax return. For real estate transactions, item 2 does not apply, For mortgage Interest paid, ac L*00on or abandonment of secured property, cancellation of debt, contd.butions to an Individual retirement arrangement (IRA), and 64) any, P encs other thafi Interest and dividends, you are not required to sign the Ceffifidation, but you must provide your correct TIN. the in guctiona on page 4. 1 a,t - A Sign Sigrwturs of H are U.S. porwn IP* Dalle 110P 3111+ General Instruiftions Minnildon of a U.S. person. For federal tax purposes, you are Section references are to the Internal Revenue Code unWs I considergd a U.S. person il' you are: * An Individual who is a U.S. oftizen or U.S. resident alien, otherwise note d- 9 A partnership, rQrporaflon, mnTany, or association created or Purpose of Form organNd in the United States or under the laws of the United A person who is requirad to file an Informlion rolurn wfth tyre IRS must obtain your correct laxpayer identification number (TIN) statea. * An estate (other than a foreign estate), or to report, for example, incon-e paid to you, real estate * A don-astic trusl (as defined in Regulations section transactions, mortgage interest you paid, acquisition or 301.7701-7). a bandonmont of secured property, ca neal lation of debt, . or contributions you made to an IRA. Spas Ild rules for partnerships. Partnerships that conduct a Use Form W-9 only if you are a U.S. person (including a trade cy business in the United States are generally required to pay a withholding tax on any foreign partners' share of income resident alien), to provide your correct TIN to the person from such business. Further, in certain cases where a Form W-9 requesting it (thea requester) and, when applicable, to; has not been received, a partnership is required to presume that 1. Certify that the MN you are giving is oorrect (or you are a partner is a foreign person, and pay the withholding tax. wafting for a number to be Issued), Therefore, if you are a U.S, person that is a partner In a 2. Certify that you are not subJ"act to backup withholding, or partnership conducting a trade or business in the United Mates, provide Form W-9 to the partnership to establish your U.S. 3. Cialm exemption from backup withholding if ybu are a U.S. status and avoid Withholding on your share of partnership exernpt payee. If applicable, you are also certifying that as a Income. U,$. person. your alfocable share of any partnership income from a U.S. trade or business is not subloot to the withholding tax on . The parson who gives Form W-9 to the partnership for purposes of establishing its U.S, status and avoiding withholding foreign partners' share of effectively connected income. on its Wocable share of not income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business in the United States is In. the request your 11N, you must use the requester's form if 4 is following cases: substantially similar to this Form W-9. rr The U.S. owner of a disregarded entity and not the entity, Cat, No. 10231X Form -9 (Rev. 10-2007)