HomeMy WebLinkAboutTree Solutions (7)AGREEMENT
THIS AGREEMENT is made and entered into on the 7+11 day of October, 2019 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
f Tree i ree Solutions (hereinafter referred to as "CONTRACTOR"). In consideration of
their mutual covenants, the parties t�ereto agree as follows-,
1. CONTRACTOR. Shall provide or furnish the following specified services and/or
materialsO
Provide Sudden Oak Death (SOD) prevention treatment for
approxJrn..
ately 238 oak trees at the Byrne Preserve,,
20 EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement.
3. TERMS, The services a I Is
nd/or matedals furn" hed under this Agreement shall
commence November .7, 2019 and shall be completed by November 15, 20191
un -less terminated pursuant to -Section (�.,
%K
4. COMPENSATION. For the fu�p
ll � erformance of this n
is Agreemet.,
a. TOWN shall pay CONTRACTOR an amount not to exceed Nine thousand seven
hundred forty-six dollars and zero cents ($9,746.00) withl'n thirty (30) days
0. It el # # 9 to 4
following receipt oT invoice and, compietion/delivery of services/goods as detatled
in Sections 1, 4, and 3 of this Agreement and only -upon satisfactory
delivery/completion of mods/services in a manner consistent, with
professional/industry standards for the area In which CONTRACTOR operates.
TOWNi not responsible for paying for any work done by CONTRACTOR or any
subcontractor above and beyond the not to exceed amount,
b. T own 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 respo, nsible 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 comCC�N�CACpensateTOR. for
a
incomplete goods/services,
Town, of boa altos Hills Page I of 4
Short form
Updated 4/23tiO
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 (inti ding death) and property
damage of. any nature, caused by or arising out of the performance of
CONTRACTOR under this Agreement. With regard to CONTRACTORS work
product, CONTRACTOR agrees to Indemnify, defend and hold harmless the
TOWN, Its officerSQ, iagents 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.
it )OS A
b. INSURANCE, CONTRACTORhlf file with the TOWN a cerfiticate Of
insurance before commencing any services under this Agreement as follows*
t III &
WORKERS COMPENSATION INSURANCE: Minimu I m statuto ry
limits'.
if
E. COMMERCIAL GENERAL LIABILITY AND PROPERTY DAMAGE
INSURANCE-, General Liability and Property Damage Combined.
$1,000,000.00 per occurrence including comprehensive form,
4 if
personal injury, broad form personal damage, contractual and
premises/operablon, all on an occurrence basis. If an aggregate 11mit
exists, it shall apply separately or be no less than two (2) times, the
9 0 Ot
occurrence itmit.,
I i 11, 14 MI
11 11
I ff�'�Jrj , I' EZII 2i� I 1q, 1 1111 ijqj� V11
T
v. NOTICE OF CANCELLATION:- The City requ*res 30 days wriften
notice of cancellation. Additionally, the notice statement on the
certificate should not 'Include the wording "endeavor to" or "but fall"Jure
to mail such notice shall impose no obligation or liability of any kind
upon the company, its agents or representatives." I
A. CERTIFICATE OF INSURANCE: Prior to commencement of servi"Ces,
a *dence of "
vi insurance coverage must be s�own by a properly
executed certifi , Cate of 'insurance and it shall name "The Town of Los
Altos Hills, its elective and appointed officers, employees, and
rie
volunteers" as additional insur.Ae.,04
6"
vit 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
$hod (OrM
Updated 4/23110
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 TC 1/VN 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 cortifies that no one who has or will have any financial 'interest
under this Agreement i_8 an officer or employee of TOWN.
e. CHANGES. This Agreement shall not be assigned or transferred without
A & 9
advance written. 'consent of the TOWN. No chang 6s or vartati , ons of any kind are
0
authorized without the wriften consent of the City Manager, Th"I s Ag
remay
only be amended by a written 'instrument signed by both partles.
f. TERMINATION. This Agreement may be terminated by TOWN upon seven (7)
days written notice to CONTRACTOR. Monles. 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,
ca-1culations, photographs, memoranda, plans,, studies, specifications, records,
files', or any other documents or materials, in electronic or anyother 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 T 1 t1' It lis understood and agreed that the documents and
other maten'als, including but not limited to those described above, prepared
pursuan:t 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 CONTRACT -OR agree that, until final approval by TOWN, afl 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 discios-ed to third
*A 4 It
parries without prior w(itten consent of both parties, All work prodrUotS submittea
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 reited. ire Section 4
shall be deemed to be sufficient consideration for said transfer of copyright.
CONTRACTOR retains the night to use any project records, docurnent and
materials for marketing of their profe- ssional services.
Town of Los Altos Hills Page 3 of 4
Short form
Updated 4123110
h. ENTIRE AGREEMENT. This Agreement represents the entire agreement
9 * d -
between the Parties. Any ambiguities or aisputed 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.
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
written above.
CONTRACT COORDINATOR and
representative for TOWN: CONTRACTOR.
Nichol Bowersox
Public Works Director
26379 Fremont Road Sign ire Date
Los Altos Hills, CA 94022
tj� N4e
Print name, Title
0
TOWN OF LOS ALTOS HILLS.
B -
Carl Cahill, City Manager Dite
Town of Los Altos Hills Page 4 of 4
Short, form
Updated 4123110
A400R" CERTIFICATE CSF LIABILITY INSURANCE
DATE (MMIDDNYYY)
09/25/2019
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 have ADDITIONAL INSURED provisions or 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
CONTACT Cheryl Winterburn
NAME:
Moore & Miller Insurance
HO No Ext): (831) 462-6900 FAXC, No): (831) 462-3884
E-MAILcheryl@mooremiller.com
ADDRESS:
3333 Soquel Drive
INSURER(S) AFFORDING COVERAGE NAIC #
INSURERA : Colony Insurance Company 39993
Soquel CA 95073
INSURED
INSURER 13: State Compensation Ins. Fund 35076
Tree Solutions, Inc.
INSURER C:
INSURER D:
P.O. Box 66158
INSURER E:
INSURER F:
Scotts Valley CA 95067
COVERAGES CERTIFICATE NUMBER CL199710196 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 PAID CLAIMS.
INSR
LTR
TYPE OF INSURANCE
ADDLSUBR
INSD
WVD
POLICY NUMBER
POLICY EFF
(MM/DD/YYYY)
POLICY EXP
(MMIDDIYYYY)
LIMITS
X COMMERCIAL GENERAL LIABILITY
EACH OCCURRENCE $ 1,0001000
F;Z;10
CLAIMS -MADE I o Nl OCCUR
DAMAGE RENTED
PREM SESO(Ea occurrence) $ 1003000
MED EXP (Any one person) $ 5,000
PERSONAL & ADV INJURY $ 1,0001000
A
Y
101 PKG 0106276-01
08/20/2019
08/20/2020
GEN'LAGGREGATE LIMITAPPLIES PER:
GENERAL AGGREGATE $ 21000,000
POLICY PRO- F LOC
JECT
PRODUCTS - COMP/OPAGG $ 2,000,000
$
OTHER:
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
(Ea accident)
BODILY INJURY (Per person) $
ANY AUTO
OWNED SCHEDULED
AUTOS ONLY AUTOS
BODILY INJURY (Per accident) $
PROPERTY DAMAGE $
(Per accident
HIRED NON -OWNED
AUTOS ONLY AUTOS ONLY
UMBRELLA LIAB
OCCUR
EACH OCCURRENCE $
AGGREGATE $
EXCESS LIAB
CLAIMS -MADE
DED RETENTION $
$
WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY Y / N
X STER ATUTE OTT
ER
B
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
N /A
9035984
12/11/2018
12/11/2020
E.L. EACH ACCIDENT $
(Mandatory In NH)
E.L. DISEASE - EA EMPLOYEE $
If yes, describe under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT $
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)
Town of Los Altos Hills is named as additional insured.
There will be a thirty (30) day notice of cancellation. There will be ten (10) days notice of cancellation for nonpayment of premium.
CERTIFICATE HOLDER CANCELLATION
a 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
Town of Los Altos Hills
ACCORDANCE WITH THE POLICY PROVISIONS.
26379 Fremont Road
AUTHORIZED REPRESENTATIVE
Los Altos Hills CA 94022
a 1988-2016 ACORD CORPORATION. All rights reserved.
ACORD 25 (2016103) The ACORD name and logo are registered marks of ACORD
Form ® Request for Taxpayer Give Form to the
(Rev. December 2011) Identification Number and Certification requester. Do not
Department of the Treasury send to the IRS.
Internal Revenue Service
Name (as shown on your income tax return)
Tree Solutions, Inc.
CL
C
0
0
0
4-1 4a
r
AU,
M
U)
Business name/disregarded entity name, if different from above
Check appropriate box for federal tax classification:
1771 Individual/sole proprietor F -I C Corporation S Corporation F-1 Partnership F-1 Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) 01►. ................................. F1 Exempt payee
❑ Other (see instructions) 10- 1
Address (number, street, and apt. or suite no.) Requester's name and address (optional)
PO Box 66158
City, state, and ZIP code
Scotts Valley,, CA 95067
List account number(s) here (optional)
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills,, CA 94022
NoaxDayer Identification Number (TIN)
M
Enter your TIN in the appropriate box. The TIN provided must match the name given on the "Name" line Social security number
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, 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 How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose Employer identification number
number to enter. F__T__III 1 11
certification
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 (b) 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).
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 interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interes-+w-and div deeds, you are not required -to sign the certification, but you must provide your correct TIN. See the
instructions on page 4.
Sign
Signature of C)
Here U.S. person ® Date 0 -
General InstructionT/
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners' share of
effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request
your TIN, you must use the requester's form if it is substantially similar
to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners' share of income from such business.
Further, in certain cases where a Form W-9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the United
States, provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat. No. 10231X Form W-9 (Rev. 12-2011)
EE SOLUTIONS
HEALTHCARE FOR TREES
*RIV 0
Tree S-01Lft'10r')S
PO Box 66168
Scotts VeNey, CA 95067
September 30, 2019
Town of Los Altos Hills
26379 Fremont Road
Los Altos Mils
*1 t CA 94022
Attn: John Chau
Re: Byrne Preserve
Hello John ,
it
stuns for the annual SOD (SUdden Oak, Deat h):Prevani on Treatment at the Byrne Preserve
0.
location for approximately 238 Oak trees selected for treatment based on current protocol as
was set or and agreed upon by Jeremy Koch. We propose doing this on Thursday and Friday,
November 7th and 8th, weather permitting,
As a point of recent historical reference, the cost in November 2017 was $9,996.00. Due to the
ioss, of a few trees, the cost for treatment in November 2018 was reduced to $9,746.00. Note
that the cost for the upcoming treatment "in November 2019 will remain at $9,746.00.
Please do not, hesitate to contact us should you have arsy! questions and/or concerns,, We took
forward to hearing from you,.
Sincerely,
Debble Crivell'i
Tree Solutions, Inc.,
PO Box 66158
Scotts Valley, CA 95066
(650)269-0540
831 -*247-11596
wwwAreesolutions,com