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HomeMy WebLinkAboutTimberline Tree Service, Inc. (4)AGREEMENT THIS AGREEMENT is made and entered into on the P0441day of June , 2020 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Timerline Tree Service, Inc. (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: - At 26987 Elena Rd: Remove two (2) large low hanging limbs back to trunk on oak tree. Head back remaining smaller limbs over road. - At 13151 Estralita PI: Remove one (1) large low hanging limb over roadway and neighbors property back to trunk. - Haul all debris and leave site clean. - Provide traffic control for both locations. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated June 2, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence June 5, 2020 and shall be completed by June 30, 2020, 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 two thousand three hundred dollars and zero cents ($2,300.00) 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 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: WORKERS COMPENSATION INSURANCE: Minimum statutory limits. 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. ERRORSAND 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, 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 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 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. 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 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 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 services. Town of Los Altos Hills Page 3 of 4 Short form Updated 4/23/10 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: CONTRACTOR: Nichol Bowersox Public Works Director _ Town of Los Altos Hills By:�' ��/6/-z d 26379 Fremont Road 1griature Date Los Altos Hills, CA 94022 '�) Print name, Title TOWN OF LOS ALTOS HILLS: By: Carl Cahill, City Manag r Dat Town of Los Altos Hills Page 4 of 4 Short form Updated V23/1p Form W=9 Request for Taxpayer Give form to the (Rev. October 2007) , Identification Number and Certification requester. Do not Department of the, Treasury send to the IRS. IntemBl Revenue §sNiee Name (as shown on your income tax return) cli rte. roc Buelness naind, N different from abdve ro o Chkappropriatebox:ElIndivitiuWS619 proprietor ElCorporation Partnerahip imned liability cornpany, F.nter the'tax da"Ification (D=ilsreprded entity,, C=corporation, p -Partnership) 0- - F FEtempt E] 'p (ae6lryatruCEOAs) r' payee Address (number,:atreat, and apt. or suite no Requester's name and address (opjonel) 4v • Tann of Los. Altos Nips cRkala., and zip nJ 28379 Frstnitftt Road Los Altos. Hills, CA 94022 List account purber(s) here ( ttonaij Taxpayer IdentiiiC•ation Number (TIN Enter your TINin the appropriate box. The TIN provided must match the name given on Line 1 to avoid backup withholding,. For, individuals, this is your social security number (68N). However, for a resident .alien, sole proprietor, or disregardad :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 Now to get a 77N on page 3. Note, If the account Is in more than one name, see the chart on page 4 for guidelines on whose number to enter. sepal aeou►rty rwntbe� or Identification number' 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 tome), 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 (o) 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 *11ned below). Certification Instructions. You must cross out item 2 above N you have been notified by the IRS that you are currently subject to backup withholding because you have failed to report al( interest and dividends'on your tax return. For real .estate.transaotions, item 2 does not apply. For mortgage interest paid,'dValkon or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and gen y, pa encs other than interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. S the Infitructions on page 4. Sign sigrtsturw at Here I u,& person r. General instructions 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, Ineome paid to:you,. real estate transactions, mortgage interest you paid, acquisition or abandonment of secured property, cancellation of debt, or contributions you tirade 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 S. Claim exemption from backup withholding if you are a U.S. exempt payee. If.applicabie, 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 71N,. you must use the requester's form if it is substantially similar to this: Form W-;9. � ��sM«Ii Deffnitlon of a U.S. person. For federal tax purposes, you are considered a U.S. person N 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 domestio 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 establishyour U.S. status and avoid withholding on your share of partnership Income. The person who gives Form W-9 to the partnership for purposes of .establishing its U:S. status and avoiding withholding on its allooable share of net Income from the partnership conducting a trade or business in the United States is In the following cases: • The U.S. owner of a disregarded entity and not the entity, Cat. No. 1023IX Form W^T (Ray. 00.2007) F.ItLINE TREE. ;SERVICE, INCm 350 Lang Road, Burlingame, CA 94010 (650) 697.2310 • Fax (650) 697-4139 • License #710738 sales O timberlinetreeservice.com Fully Licensed and Insured for, Your Protection Name Town of Los Altos Hills Phone947-2542 phone Date 6-2-20 street Elena Rd Billing city Los Altos Hills Zip City ESTIMATE 26987 Elena Rd. Removal of (2) large low hanging Limbs on Oak tree back to trunk. Head back remaining smaller limbs over road. 13151 Estralita Pl. Zip Removal of large low hanging limb over roadway and neighbors property back to trunk. Haul all debris, leave site clean. *Traffic control included Estimated by Justin Willett $1,300.00 $1,000.00 CONTRACT • All contract work must be listed No verbal agreements art accepted. • STUMP GRINDINGS will NOT be hauled away unless otherwise specified, • We are not responsible for underground utilities, pipes, or wires. • TREE ROOTS will NOT be removed unless otherwise specified above. All permits and thtir associated foes are the reponsiblilty of the property owner. • 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 services provided therew. Customer: Accepted by Date The above is an estimate and does not constitute any agreement to perform work unless accepted by Timberline below. Timberline: Accepted by Date