HomeMy WebLinkAboutTimberline Tree Service, Inc. (3)AGREEMENT
TMS AGREEMENT is made and entered into on theday of )1 2019 by and
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between the TON OF LOS ALTOS -HILLS (hereinafter referred 7cri S "TOWN") and
Timberline Tree & Landscape, 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 following specified services and/or
materials:
Remove a large dead oak tree at Byrne Preserve near
Moody Court. Haul away all debris and wood.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated, July 17, 2019
3, TERMS. The services and/or materials furnished under this Agreement shall
commence 'P'Lo and shall be completed by g���, ( f 1, , 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 six thousand eight
hunddred fifty dollars and zero cents ($6,850.00) 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 COI TRACTOR's costs or expenses to
deliver any services/goods. Town shall not, be responsible forany 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
5hor-L form
UPdated 4.1*23110
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, fy, 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 th.is Agreement as follows:
WORKERS COMPENSATION INSURANCE: Minimum statutory
limits.
iii. 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 darnage, contractual and
p rem ises/ope ration, 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, $r
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
Volunteersil 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
U pda led ,211-a
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 Biro.,,
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 servioes.
Town of Los Altos Hills Page 3 of 4
Short form
U P d a tea 4/23, s 0
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. -
Nichol Bowersox
Public Works Director
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Attos Hills
mart form
Updated 4/2311
CONTRACTOR:
V -
By:
gnature Date
Print name, Title
TOWN OF LOS ALTOS HILLS:
B. Oil
Carl Cahill, City Manager Date/
Page 4 of 4
rREE SERVICE, INC.
350 Lang Road, Burlingame, CA 94010
1) 697-2310 -Fax (650) 697-4139 9 License #710138
sales@timberlinetreeservice.com
Fully Licensed and Insured for Your Protection
Name Town of Los Altos I Tills Phone947-, 10 Phare-
"r
Date P-17-19
Street Moody Ct. Billing J c ha 10 s a I to s h i I I s. c a.. alo v
city Los Altos Hills Zip city Zip
ESTIMATE
Removal of (1) targe dead Oak tree to jiust above ground level.
Tfaul all debris, leave site clean,
*Tree removal may caLlse damacre to surrOLIndincr Shl-Libs and small volunteer trees,
*Trail closure will be required.
K850.00
DIfL D�—cERF-tiNA—TivN
V
-7
Estimated by Justin Willett
CONTRACT
Ali contract work must be listed, No verbal agreements are accepted, • STUMP GRINDINGS will NOT bo hauled away unless otherwise spccified.
• We are not responsible for underground utilities, pipes, or wires. T"E ROOTS will NOT be removed unless other -wise specified above.
• All permits and their associated fees are the rq)onsibility of the property ow-ner. 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: Accepted by
Date
The above is an estimate and does not constitute any agreement to perform work unless accepted by Titnberline below.
Timberline.- Accepted by Date
Fonn W=9 Request for Taxpayer Give Form to the
(Rev. October 2018) Identification Number and Certification requester. Do not
')epar"enlo'the Treasury send to the IRS.
InternalRevenue Service 10, Co to www.1m.govIFormW9 for instructions and the latest information.
I Name (as shown on your income tax return). Name Is required an this line; do not leave this line blank.
Timberline Tree Service, Inc -
2 Business name/disregarded entity name, if different from above
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C"
0
CL
C
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CL 0
02
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3 Check appropriate box for federal tax classification of the person whose name is entered on line 1. Check only one of the 4 Exemptions (codes apply only to
following seven boxes. certain entities, not individuals: see
Ej lodividual/sole proprietor or C Corporation El S Corporation ME] Partnership ❑ Trust/estate
single -member LLC
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) * '
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
LLC if the LLC Is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLG Is
another LLC that Is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
is disregarded from the owner should check the appropriate box for the tax classification of its owner.
LJ Other (see instructions) 0-
5 Address (number, street, and apt, or Suite no.) See instructions-,_
350 Lana Road
6 City, state, and ZIP code
Burlingame, CA 94010
7 Last account number(s) here {optional)
Taxpayer Identification Number
Fxempt payee code (if any)
Exemption from FATCA reporting
code (if any)
(Applies to accouAls maiWalned outside the US,)
Requester's name and address. (optionaQ
Enter your TIN in the appropriate box. Tbe TIN provided must match the name given on line 1 to avoid Social security number
backup withholding. For individuals, this is generally your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the instructions for Part 1, later. For other
-
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a 1 L
TIN, later. or
Note: If the account Is in more than one name, see the instructions for line 1. Also see What Name and Employer identification number
Number To Give the Requester for guidelines on whose number to enter. i1 -1
Certif ication
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 withholding because: (a) I am exempt from backup withholding, or M I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding; and
3. 1 am a U.S. citizen or other U.S. person (defined below); and
4. The FATCA code(s) entered on this form (if any) indicating that I am exempt from FATCA reporting is correct.
Certification instructions. You must cross. out item 2 above if you have been notified by the IRS that you are. currently subject to backup withholding because
you have failed to report all in nd dividends on your tax return. For real estate transactions, item 2 does not appiy, For mortgage interest paid'
acquisition or abandonmen f secu property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and generally, payments
other than interest and dive nds, u are not required to sign the certification, but you must provide your correct TIN. See the instructions for Part 11, later,
a
Sign Signature of
Here U.S. person 1w,
,*z ) Date 0►
General Instrue mions
Section references are to. the Intema[ Revenue Code unless otherwise
noted.
Future developments. For the latest information about developments
related to Form W-9 and Its instructions, such as legislation enacted
after they were published, go to wwwJrs.gov1FormW,9.
Purpose of Form
An Individual or entity (Form W-9 requester) who is required to Me an
information return with the IRS must obtain your correct taxpayer
identification number (TIN) which may be your social security number
(SSN), individual taxpayer identification number (ITIN), adoption
taxpayer identification number (ATIN), or employer identification number
(EIN), to report on an information return the amount paid to you, or other
amount reportable on an Information return. Examples of information
returns include, but are not limited to, the following.
* Form 1099 -INT (interest earned or paid)
* Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
e Form 1099-MISC (various types of income, prizes, awards, or gross
proceeds)
Form 1099-B (stock or mutual fund sales and certain other
transactions by brokers)
Form 1099-S (proceeds from real estate transactions)
Form 1099-K (merchant card and third party network transactions)
Form 1098 (home mortgage interest), 1098-E (student loan interest),
1098-T (tuition)
a Form 1099-C (canceled debt)
a Form 1099-A (acquisition or abandonment of secured property)
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN.
If you do not return Form W-9 to the requester wtth a 77N, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form W-9 (Rev. 10-2018)