The URL can be used to link to this page

Home My WebLink AboutTree Solutions (5)THIS AGREEMENTi 6 0. Nov" pr s made and entered into on the./O day of 1 2014 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Tree Solutions (hereinafter referred to as "CONTRACTOR"). In consideration of their mutual covenants, the parties hereto agree as follows: CONTRACTOR. Shall provide or furnish the following specified services and/or materials,., Trunk drench treatment for sudden oak death of 103 selected coast live oak trees at Byrne Preserve listed in tables I and 2 of the 2014 Deborah Ellis report. Work should include, meeting with Deborah Ellis, spraying, photo documentation, and removal of marking tape,, 2, EXHIBITS, The following attached exhibits are hereby * I a part of this Agreement: incorporated into and mad I � +F I �roposal from CONTRACTOR datectober 21, 201 r. 3. IERMS. The services and/or materials furnished under this Agreement sha commence No and shall be completed by 0 ove 2,1 P6 if, unless terminate pursuant to Section 5(f). I may. 4, COMPENSATION, For the full performance of this Agreement: a. TOWN shall pay CONTRACTOR an amount not to exceed Four thousand eight hundred dollars and zero cents ($4,800,00) within thirty (30) days following recelpt of 'in voice and completion/delivery of services/goods as detailed in Sections 1, 2, and 3 of this Agreement and only uppn sat' t* It 0 isfactory deiivery/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 CONTRACTO�k, c. CONTRACTOR is responsible for monitoring its own forces/employeeslagents/ 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 Short form Pa90 1 of 4 Updated 412WI0 gal 1 11 111]51111�1 aW 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 I 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. $1 000,000.00 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. iZ =117 I R 111 11 � I 115 51 ill 14111 �ii�i � 44� yiqg;i: ME 0 v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancellatiom 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.0 A. 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 add itio nal '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 4123110 c. NON-DISCRIMI NATION. 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 persont d, INTEREST OF CONTRACTOR. It 'i's 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 authon"zed 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 I# N completed shall be paid to CONTRACTOR within 14 days of termination. a An Ak 61 owl Ak Town of Los Altos Hills Page 3 of 4 SW 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. Thi's 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 Mitten above. RACT COORDINATOR and representative for TOWN: Ric h a rd C h lu Public Works Director Town of Los Altos Hills 263:79 Fremont Road Los Altos Hills, CA 94022 Town of Los Altos Hills ShO form Updated 4123110 TOWN OF LOS ALTOS HILLS: 1219 Ile% By* Carl Cahj i Manag ------ Page 4 of 4 1%1;, TREE SOLUTIONS HEALTH CARE FOR TREES W.'A0 "PTT'u IM. P.0.8ox 66158 Scotts Valley, CA 95067 Estimate Date Estimate # 10/21/2014 495 831-247-1696 jim@TreeSolutions.com : ff. '{{• f f•: {% fes•` ..fWSA.. O F ;: rMc1.Ct :i: c"M LT t! R r rr � ` Ac<>R CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 10/2/2014 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER Moore & Miller Insurance 3333 SOqL1e1. Drive Soquel CA 95073 CONTACT Kristen Schnitt er NAME: g PHONE 0$51,) 462-69010 AIC No : FAX (881) 462-3884 ADDRESS: kristen@mooremiller. Com INSURERS) AFFORDING COVERAGE NAIL # INSURERA :California. Capital Ins . C o . 13544 INSURED 'free Solutions, Inc. P.O. Box 66158 Scotts Valley CA 95067 INSURER B :State Compensation on Ins . Fund INSURER C: INSURER D: INSURER E: 1 INSURER F COVERAGES CERTIFICATE NUMBER:CL144904076 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAIN CLAIMS. INSR LTR TYPE OF INSURANCE ADDL IN SUBR WVD POLICY NUMBER POLICY EFF MM/DD/YYYY .. POLICY EXP MM/DDIYYYY LIMITS A:::]� GENERAL LIABILITY X COMMERCIAL GENERAL LIABILITY CLAIMS -MADE Fx_1OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: 7 POLICY PRO- LOC JECT 3 11030115 11/15/2013 11/15/2014 EACH OCCURRENCE $ 1 r 000 r 000 DAMA E TO RENTED �. 0 0 0 0 0 PREMISES Ea occurrence $ r MED EXP (Any one person) $ 5r 000 PERSONAL & ADV INJURY $ 1 r 000 r 000 GENERAL AGGREGATE $ 2, 0 0 0, 0 0 0 PRODUCTS - COMPIOP AGG $ Included $ AUTOMOBILE LIABILITY ANY AUTO ALL OWNED SCHEDULED AUTOS AUTOS NON -OWNED HIRED AUTOS AUTOS COMBINED SINGLE LIMIT Ea accident $ BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ UMBRELLA. LIAR EXCESS LIAB OCCUR CLAIMS -MADE EACH OCCURRENCE $ AGGREGATE $ DED RETENTION $ $ B WORKERS COMPENSATION AND EMPLOYERS' LIABILITY Y / N ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below NIA 9035984-12 12/11/2013 12/11/2014 TATU- OTH- ilmLIMITS ER E.L. EACH ACCIDENT $ 3.r 000 r 00'0 E.L. DISEASE - EA EMPLOYE $ 1. 000 000 E.L. DISEASE - POLICY LIMIT $ 1 000 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) C:EIRTIFIC:ATE HOLDER CANCELLATION ACORD 25 (2010/05) INRn2.9; rgninn.m ni O 1988-2010 ACORD CORPORATION. All rights reserved. Tho bP'[1Q1'i nnrnn and Innn am rnniafnrnrl mnrlrc r%f &rrnPn SHOULD ANY OF THE .ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ssi.ngham & Associates ACCORDANCE WITH THE POLICY PROVISIONS. 8000 Jarvis Avenue Entry 2 AUTHORIZED REPRESENTATIVE Newark, CA. 94560 K SC%.nittger/KLS,� ;�----�. ACORD 25 (2010/05) INRn2.9; rgninn.m ni O 1988-2010 ACORD CORPORATION. All rights reserved. Tho bP'[1Q1'i nnrnn and Innn am rnniafnrnrl mnrlrc r%f &rrnPn