Loading...
HomeMy WebLinkAboutKielty Arborist Services (5)AGREEMENT THIS AGREEMENT is made and entered into on the day of August, 2020 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Kielty Arborist Services LLC (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: Inspecting and recommending trimming or removing trees on the major roads and trails in the Town of Los Altos Hills. These areas include: major streets and paths, Town Hall, Purrissima Park, Westwind Barn, and Edith Park 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated August 7, 2020 3. TERMS. The services and/or materials furnished under this Agreement shall commence August 17, 2020 and shall be completed by December 31, 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 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 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. 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. 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." 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: 26379 Fremont Road Los Altos Hills, CA 94022 TOWN OF LOS ALTOS HILLS: By: C" 9 C'. 'a - Carl Cahill, City Manager Date Town of Los Altos Hills Page 4 of 4 Short rorly] Updatod 4123/10 Pam, W-9 Request for Taxpayer dive form to the (Rev. October 2007) 6oparrmord of the Twoeury Identification Number and Certification requester. Do not send to the IRS. Intornnl RovonLIQ 13MICO + A partnership, corporation, company, or association created or organized In the United States or under the laws of the United A person who is required to file an information return with the ID Nemo (as shown'ur'14� Linco..me ;t�x rot rn) • An estate (other than a foreign estate), or Business name, If different from n/odo oChir approprlate box: I.� 1 Individual/Solo proprietor LI Corporation ( _I PartnoreNp Exampt _ Limited liability company.(0 Enter the tax classification =dioragarded entity, C -corporation, Papartnershlp) t• ._._... I_ J rd payee [_ ,) Other (000 inotrucUcns) ► Special rules for partnerships. Partnerships that conduct a Address (number, street, and opt. or suite no.) Requester's name and address (optional) Town of Los Altos Hills resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: city, state, and QIP cad®,r 26379 Fremont Road has not been received, a partnership is required to presume that _ __ __ __.._ P_1= -- _—__ Los Altos Hills, CA 94022 waiting for a number to be issued), List account numbar(s) hors (aptlonail • Taxpayer Identification Number (iIN) Eimer your TIN In the appropriate box. The TIN provided must match the nano given on Une 1 to avoid I Social security number backup withholding. For individuals, this is your social security number (SSN). However, for a resident j alien, sole proprietor, or disregarded entity, see the Part i Instructions o1 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. or Note. If the account is In more than one name, see the chart on page 4 for guidelines on whose Ern loyor identification number number to enter. Certification Under penalties of perjury, i certify that: 1. The nunber 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 fron 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) tine IRS has notified me that I am no longer subject to backup withholding, and 3. 1 ale 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 on individual retirement arrangement (IRA), and generally, payments other than Interest and dividends, you are not required to sign the Certification, but you must provide your correct TIN. See the instructl on age 4. $lf�in Slgnahrro of TM Isere U.S. parson ® pate ► General Instructions/ Definition of a U.S. person. For federal tax purposes, you are Section references are to the Internal Ro arae Code unless J considered a U,S, person if you are: otherwise notted. a An Individual who Is a U.S, citizen or U.S. resident allen, Purpose of Form + A partnership, corporation, company, or association created or organized In the United States or under the laws of the United A person who is required to file an information return with the States, IRS must obtain your correct taxpayer Identification number (FIN) • An estate (other than a foreign estate), or to report, for example, income paid to you, real estate • A domestic trust (as defined In Regulations section transactions, mortgage Interest you paid, acquisition or 301.7701-7). abandonment of secured property, cancellation of debt, or contributions you made to an IRA. Special rules for partnerships. Partnerships that conduct a Use Form W-9 only if you are a U.S, person (Including a trade or business in the United States are generally required to pay a withholding tax on any foreign partners' share of Income resident alien), to provide your correct TIN to the person requesting it (the requester) and, when applicable, to: from such business. Further, in certain cases where a Form W-9 has not been received, a partnership is required to presume that 1. Certify that the TIN you are giving Is correct (or you are a partner is a foreign person, and pay the withholding tax. waiting for a number to be issued), Therefore, If you are a U.S. person that is a partner In a 2. Certify that you are not subject to backup withholding, or partnership conducting a trade or business in the United States, provide Form W-9 to the partnership to establish your U.S. 3. Claim exemption from backup withholding if you are a U.S. status and avoid withholding on your share of partnership exempt payee, if applicable, you are also certifying that as a Income. 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 The person who gives Form W-9 to the partnership for foreign partners' sllare of effectively connected Income, purpposes of establishing its U.S. status and avoiding withholding on fts allocable share of net income from the partnership Note. If a requester gives you a form other than Form W-9 to conducting a trade or business In the United States is in the request your TIN, you must use the requester's form If it Is following cases: substantially similar to this Form W-9. • The U.S. owner of a disregarded entity and not the entity, Cat. No. 10231X Form ilii- (R.v.10-2007) Kielty Arborist Services LLC P.O. Box 6187 San Mateo, CA 94403 650-515-9783 August 7, 2020 Town of Los Altos Hills Nichol Bowersox City Engineer/ Public Works Director 26379 Fremont Road Los Altos Hills, CA 94022 Dear Ms. Bowersox, As requested I am providing an estimate for inspecting and recommending trimming or removing trees on the major roads and trails in the Town of Los Altos Hills. The report will be a visual assessment of trees that may be a hazardous near these roads. The report will include: ♦ Possibly hazardous trees will be located on a map provided by you ♦ Trees will be Identified, numbered and tagged ♦ Where possible the diameters of each tree will be measured @ 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 provided for each tree. ♦ Pruning or removal specifications will be provided. ♦ A 1-3 priority for maintenance will be assigned to each tree. ♦ GPS coordinates will be provided 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 this work at Town Hall will be: $500.00 The estimated cost for Purrisima Park will be: $800.00 The estimated cost for this work at Westwind Barn will be $500.00 The estimated work for Edith Park will be: $500.00 The estiffla4ed work fop -Esp. will b $500.00 Total $8,300.00 If all sites are approved the total cost of the 5 sites will not exceed $8,300.00 Thank You, Kevin R. Kielty Certified Arborist WE#0476A