HomeMy WebLinkAboutS.P. McClenahan Co., IncAGREEMENT
THIS AGREEMENT is made and entered into on then day of 2021 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to'as "TOWN") and
S.P. McClenahan Co., 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:
Pruning and maintenance for Valley Oak #1, 2, 4, and 5 and
Live Oak #3 at Byrne Preserve.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated May 18, 2021
3. TERMS. The services and/or materials furnished under this Agreement shall
commence May 25, 2021 and shall be completed by June 22, 2021, 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 Four thousand five
hundred dollars and zero cents ($4,500.00) 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. 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
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.
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:
Zachary Dahl --a
Interim Engineering Services Manager
--_ _.
Town of Los Altos Hills B.yy � --/zs --/ zo z- I
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
Print name, Title
TOWN OF LOS ALTOS HILLS:
By: C24 Z
Carl Cahill, City Manager #Date
Town of Los Altos Hills Page 4 of 4
Short form
Updated 4123110
KM Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The 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 ( However, for
later. _ m —
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EiN). If you do not have a number, see Now to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer Identification number
Number To Give the Requester for guidelines on whose number to enter. 17--7
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); 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 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 interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part i1, later,
'"`.f"I Signature of
Here U.S. person►
General
cut
Section references are to the Internal 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 www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file 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 Identiflcation 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)
Date► ' /0 4/2
• Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
• 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)
• Form 1099-C (canceled debt)
• 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 with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form vii -9 (Rev. 10-2018)
Request for Taxpayer
Give Form
Form
(Rev. October 2018)
Identification Number and Certification
to the
requester. Do not
Department of the Treasury
send to the IRS.
Internal Revenue Service
► Go to www.irs.gov/FormW9 for Instructions and the latest information.
1 Name (as shown on your income tax return), Name is required on this line; do not leave this line blank.
S.P. McClenahan Co. Inc.
2 Business name/disregarded entity name, if different from above
H
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
rn
M
following seven boxes.
certain entities, not individuals; see
CL
M
❑ indlvidual/sole proprietor or ❑✓ C Corporation ❑ S Corporation ❑ Partnership ❑ Trustlestate
instructions on page 3):
U)
a o
single -member LLC
Exempt payee code (if any) 5
,�;,'�
❑ Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=Partnership) ►
s—
o
o
Note: Check the appropriate box in the line above for the tax classification of the single -member owner. Do not check
Exemption from FATCA reporting
[ m
e
LLC if the LLC is classified as a single -member LLC that is disregarded from the owner unless the owner of the LLC Is
another LLC that is not disregarded from the owner for U.S. federal tax purposes. Otherwise, a single -member LLC that
code (if any)
4 o
is disregarded from the owner should check the appropriate box for the tax classification of Its owner.
ov
❑ Other (see instructions) 01iAppfies
to accounts maintained outside the U.S)
to
5 Address (number, street, and apt. or suite no.) See instructions.
Requester's name and address (optional)
1 Arastradero Road
6 City, state, and ZIP code
Portola Valley, CA 94028
7 List account number(s) here (optional)
KM Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The 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 ( However, for
later. _ m —
resident alien, sole proprietor, or disregarded entity, see the instructions for Part I, later. For other
entities, it is your employer identification number (EiN). If you do not have a number, see Now to get a
TIN, later. or
Note: If the account is in more than one name, see the instructions for line 1. Also see What Name and I Employer Identification number
Number To Give the Requester for guidelines on whose number to enter. 17--7
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); 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 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 interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the Instructions for Part i1, later,
'"`.f"I Signature of
Here U.S. person►
General
cut
Section references are to the Internal 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 www.irs.gov/FormW9.
Purpose of Form
An individual or entity (Form W-9 requester) who is required to file 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 Identiflcation 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)
Date► ' /0 4/2
• Form 1099 -DIV (dividends, including those from stocks or mutual
funds)
• 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)
• Form 1099-C (canceled debt)
• 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 with a TIN, you might
be subject to backup withholding. See What is backup withholding,
later.
Cat. No. 10231X Form vii -9 (Rev. 10-2018)
*T�ip
S.P. MCCLENAHAN
ARBORICULTURISTS
541all 011
Contractors Lic. #651341
1 Arastradero Road, Portola Valley, CA 94028-8012
Telephone (650) 326-8781
Fax (650) 854-1267
www,spmcclenahan.com
Town of Los Altos Hills Tree Care Proposal
May 18, 2021
S.P. McClenahan Co., Inc.'s January 2021 Tree Care Proposal for the Town of Los Altos
Hills is respectfully submitted to Ms. Christine Hoffmann and Ms. Nichol Bowersox for
review on May 18, 2021. S.P. McClenahan Co., Inc. was tasked with a review of three
sites to determine budget recommendations for the care and maintenance of trees
As a result of this study, we identified the following summary of sites yielding a total
recommended budget of $4,500.00. 1 have included Kevin Kielty's arborist report with
the figures requested for pruning.
2021 Byrne Park Tree Care Budget Recommendations
Our budget includes pricing for pruning specifications in Kevin Kietly's report:
Valley Oak #1, 2, 4, and 5; Live Oak #3
See Kevin Kielty's attached report for pruning recommendations.
Total: $4,500.00
General Notes:
Deadwood will be removed at % inch or greater in size.
Aerial lift will be used while pruning for the safety of the workers for Valley Oak #4 in
accordance with hazards documented in Kevin Kielty's report
Sincerely,
H7�2�
By: Jeoff Dunster, Plant Heath Care Manager
S.P. McClenahan Co. Inc.
ISA Certified WE -11437A
California Department of Pesticide Regulation
Qualified Applicator License #105344
Pest Control Advisor License #72526
Kielty Arborist Services LLC
Certified Arborist WE#0476A
P.O. Box 6187
San Mateo, CA 94403
650-515-9783
May 13, 2021
Town of Los Altos Hills
Attn: Christine Hoffmann
26379 Fremont Road
Los Altos Hills, CA 94022
Site: Byrne Park Preserve, Los Altos Hills, CA
Dear Ms. Hoffmann,
As requested on Wednesday, May 12, 2021, I visited the above site to inspect and comment on
several oak trees in the preserve. Your concern as to the future health and safety of the trees has
prompted this visit.
Method:
All inspections were made from the ground; the trees were not climbed for this inspection. The
trees in question were located on a map provided by you.
The trees were then measured for diameter at 54 inches
above ground level (DBH or diameter at breast height). A
condition rating (CON) is provided using 50 percent
vitality and 50 percent form, using the following scale.
1 - 29 Very Poor
30 - 49 Poor
50 - 69 Fair
70 - 89 Good
90 - 100 Excellent
The height of the tree was measured using a Nikon
Forestry 550 Hypsometer. The spread was paced off
(HT/SP). The Matheny and Clark 12 -point hazard
assessment was used. Comments and recommendations for
future maintenance are provided.
Oaks #1 and #2 are in fair -good condition normal tree maintenance will improve the trees
form and lessen their chances of failure.
Byrne Park/5/13/21
Survey:
Tree# Species
1 Valley oak
(Quercus lobata)
DBH CON
40.6 75
Hazard rating 2/2/2
(2)
HT/SP Comments
40/45 Good vigor, goof form, codominant at 8 feet
with a good open crotch. Slight decay at
Base. Thin and lighten.
Priority 3.
2 Valley oak 52.3 80 50/65 Good vigor, fair form, codominant atl8 feet
(Quercus lobata) with a fair crotch. Large root flare,
Hazard rating 2/2/2 burrowing animals undermining root crown
On north side. Thin and lighten, priority 2.
3 Coast live oak 50.2 60 50/70 Fair vigor, poor form, large southerly limb
(Quercus agrifolia) resting on ground. Southerly limb may be
Hazard rating 3/3/3 fractured at 20 feet. Abundance of inner
Deadwood, heavy to the south. Lighten
Entire tree. Priority 1.
4 Valley oak 51,4 20
(Quercus lobata)
Hazard rating 4/4/2
45/45 Fair vigor, very poor form, large cavity on
eastern side, large decayed area on eastern
Side (compression). Large decayed scar on
northwest (tension) side with horizontal
cracking. Leans heavily east. Heavily
lighten and install an exclusion zone or
Remove. Priority 1.
5 Valley oak 30.8 65 35/50 Fair vigor, fair form, leans east.
(Valley oak) Codominant at 10 feet with a good crotch,
Hazard rating 2/2/2 burrowing animals undermining root crown.
Thin and lighten. Priority 3.
Observations:
The five trees are all native oaks from two
different species. The oaks are in very poor -
fair condition. Trees #1, #2 and #5 can be
trimmed in an standard manner. Trees #3 and
#4 will require a heavier than normal
trimming. Oak #3 has a large limb resting on
the ground. It is not known the amount of
support the limb is providing. End -weight
reduction will help to reduce the chances of
large limb failure.
Live oak #3 with a low limb resting on
ground.
Byrne Park/5/13/21 (3)
Valley oak #4 is an immediate hazard.
The lateral (horizontal) cracking is the
first stage of failure. The tree will fail 1-3
years. Heavy reduction of the canopy and
the installation of an exclusion zone will
help reduce the chances of injury to the
pedestrians or horses. Removal of the
tree is also an option.
Large southeasterly limb on oak #3
laying on ground. It is not known if the
limb on the ground is supporting the
tree.
An exclusion zone will be the fencing of the
tree near the dripline of the tree. Signage
explaining the danger of the tree should be
provided. The exclusion fencing can be a post
and wire type matching the perimeter fencing or
split rail. The exclusion fencing should be five
feet high and located near the dripline of the
tree. The fencing can be in an oval shape as it
will fall to the heavy side (East). At five feet
tall the fencing will keep pedestrians out as well
as the grazing horses. The project arborist
should be on site to help guide the installers.
The large oak should not be climbed
(Hazardous) and only trimmed with a aerial
lift truck.
Large cavity on the southeast side (compression) of the trunk. The cavity is quite deep and
has compromised the structural integrity of the tree.
Byrne Park/5/13/21
(4)
Matheny and Clark 12 Point Decay Assessment Method:
The Matheny and Clark International Society of Arboriculture approved - 12 point hazard
assessment method, was used to help to determine the degree of risk. The hazard rating system
rates each tree with a possible four points in three categories. The 3 categories
Represent, the Part, section of tree causing the possible hazard that may fail; the Chance of
failure, and the Target that will be damaged if the Part fails. An explanation of the ratings is as
follows.
Part Chance Target
1 = Small limbs or branches 1 = Not likely 1 = Open space or other trees
2 = Larger lateral limbs 2 = Slight chance 2 = Road or fencing
3 = Trunks or leaders 3 = Failure likely 3 = Patios or carports
4 = Entire tree or large trunks 4 = Failure eminent 4 = Residences
The higher the hazard rating, the higher the risk of tree failure. A rating of "12" would be
considered a high probability for damage and/or injury. A rating of "3" would be considered a
very low chance of failure and/or injury. This hazard rating method will help you prioritize the
recommended tree work.
Oak #1 has been rated for large limb failure:
Large limb failure
Part 2
Likelihood 2
Target 2
Total 6
Oak #3 has been rated for large limb failure:
Large limb failure
Part 3
Likelihood 3
Target 2
Total 8
Oak tree #5 has been rated for large limb failure:
Large limb failure
Part 2
Likelihood 2
Target 2
Total 6
Oak #2 las been rated for large limb failure:
Large limb failure
Part 2
Likelihood 2
Target 2
Total 6
Oak #4 has been rated for entire tree failure:
Entire tree failure
Part 4
Likelihood 4
Target 2
Total 10
Byrne Park/5/13/21
(5)
Removal of tree #4 is the only method that eliminates all
hazards and liabilities associated with the tree.
Large decayed scar on the northwest side of the trunk.
The horizontal cracking is the beginning of a full tree
failure.
Oak tree 95 is in fair condition and standard trimming
will help to reduce the chances of limb failure.
The information included in this report is believed to be true and based on sound arboricultural
principles and practices.
Sincerely,
Kevin R. Kielty
Certified Arborist WE#0476A liG
Jim,