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HomeMy WebLinkAboutKielty Arborist Services (4)AGREEMENT THIS AGREEMENT is made and entered into on the 9th day of April, 2019 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 January 29, 2019 3. TERMS. The services and/or materials furnished under this Agreement shall commence April 15, 2019 and shall be completed by May 31, 2019, 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 ms demands, laity 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. r With e .it gard 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 incur before commencing any services under this Agreement as follows: i. WORKERS COMPENSATION INSURANCE: Minimum statutory limits, fl. CO MMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE iNSURANCE: General Liability and Property Damage Combined. $1,0001000.00 per occurrence 'Including comprehensive form, personal injury, broad form personal damage, contractual and premises/operation, all on an occurrence basis, If an aggregate limit exist, it shall apply separately or be no less than two (2) times the occurrence 11"mit. 0i. 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 k certificate should not include the wording "endeavor to" or "but failure to mail such notice *shall impose no obligation or liability of any kind 14 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 I insurance certificates and endorsements must be submitted to: Town of Los Altos Hills 26379 Fremont Roa'd Los Altos Hills, CA 94022 Town of Los Altos Hills Page 20f -Ar. Short form UpO led 4123/10 c. NON-DISCRI MI NATION. No discrimination shall be made in theemployment of persons under thireement t use of the race, color, national origin, aae, s Agbeca 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 witho-ut 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 w6tten 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, .1 oil tions, calculations, photographs, memoranda, plans, studies, speCITIcatons, 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 '11mited to those described abolve, 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 a e peo deliver these documents to the TOWN within reasonable timrid r as IG'h oAg. TOWN specified by the TOWN shall be a material brea f this reement 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 copydght 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 servicesi, Town of Los Altos Hills Page 3 of 4 shod 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. n CONTRACT OORDINATOR and representative for TOWN: CONTRACTOR: Nichol Bowersox Public Works Director Town of Los A It Hills By. 26379 Fremont Road Signature /bate Los Altos Hills, CA -94022 Print name, Title TOWN OF LOS ALTOS HILLS: A 13y* 2 Carl 66Wfll, City Manager tbafe - Town of Los Altos Hills Page 4 of 4 sh(si form Updated 4/2V10 0 KieltSr Aarbo.st Services LLC P.O. Box 6187 San Mateo, CA 94403 6...50-515-973 January 29, 2019 Town of Los Altos Hills Nichol. Bowersox City Engineer/ Public Works Director 26379 Fremont Road Los Alto-st'lills, CA 94022 Dear Ms. Bowersox, As requested I am Providing an estimate for inspecting and recommending trimming or remo-ving trees oti the major roads and trails in the Tourn of Los Altos Hills. The report will be a 4 1 in. -L - visual assessment of trees that may be a hazardous near these roads, The report *l-1 * cl ide. + Possibly hazardous- trees will be located on a map provided by you + Trees will be Identified, numbered and tagged + 'Where possible the dia-meters of each tree will be measured Q 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 provideld for each tree. + Pruning or removal specifications will be provided., + - A 1-3,P11ority for maintenance will be assigned to each tree. + G.PS coordinates will beprovided 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: $6,000.00 "The estimated cost of t work at Town Hall will be: $500,00 The estimated costforPum'sirna Park willbe: $800.00 The estimated cost for this Work at Westwin Bam %1*11 be $500.00 The estimated work for Edith Park will be: $500.00 Total $8,300.00 if all site are approved the total cost of the 5 sites will not exceed $8,300-00 Than You, Kevin R. Kielty Cmtified Arborist WE#0476A