HomeMy WebLinkAboutJC Tree Experts 06.27.2023AGREEMENT
THIS AGREEMENT is made and entered into on the 27 day of June, 2023 by and
between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and JC
Tree Experts (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:
Tree removal services including traffic control.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
EXHIBIT A — Proposal #9796 dated 4/6/2023 and Proposal #8732 dated
6/27/2023.
3. TERMS. The services and/or materials furnished under this Agreement shall
commence June 27, 2023 and shall be completed by August 7, 2023, 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 three
hundred dollars and aero cents ($6,300.00) 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 5
Short form
Updated 4126122
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 Page 2 of 5
Short form
Updated 4/26/22
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
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.
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
Town of Los Altos Hills Page 3 of 5
Short form
Updated 4/26/22
for said transfer of copyright. CONTRACTOR retains the right to use any project
records, documents and materials for marketing of their professional services.
h. CONTRACT ADMINISTRATION. The TOWN hereby designates the Utility
Engineering Manager and the City Manager as Contract Administrator for this
agreement. The CONTRACTOR shall only take direction regarding the services
provided under this Agreement from the Contract Administrator. Furthermore,
CONTRACTOR agrees that the Contract Administrator shall be included any
meeting, teleconference or written communication between any Town
representative including Committee members and the CONTRACTOR. The
TOWN may modify the Contract Administrator at any time upon providing written
notice to the CONTRACTOR.
i. 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:
Melissa Elian
Assistant Engineer
Town of Los Altos Hills
26379 Fremont Road
Los Altos Hills, CA 94022
Town of Los Altos Hills
Short form
Updated 4126/22
CONTRACTOR:
By: 00" &
Signature Date
Javier Castaneda , Owner
Print name, Title
TOWN OF LOS ALTOS HILLS:
BL lzv z
y�
Peter Pirnejad, Gi y Manager Date
Page 4 of 5
JC Tree Experts License #1057201 Family Owned & Operated Since 1986, Fully insured, Bonded etc.
Estimator: Javier Jr. 408-858-6123 Foreman: Javier Sr. 408-605-9896 11rSMD192(�Yab.Qo.com Address: 3277 South White Road,Box il304, Sari
Jose CA 95148
Date: 6/27/2023
Proposal #8372
Customer:
Town Of Los Altos Hills
Objective(s) line items/ Trees to be worked on:
1.26379 W Fremont Road Los Altos hills 94022:
Remove cracked olive tree with stump grinding, #468=$1,500.00
2.11090 Mora Drive;
Remove leaning pine tree to grade level.=$800.00
-Will Rake and Haul away Debris, special equipment such as chainsaws, aerial lifts,
stump grinders, chippers will be used and onsite.
-specifications & Guarantee:
JC Tree Experts provides special equipment & labor to complete in accordance with the below specifications.
1. Work is always performed with Certified Arborist on staff, Active State Contractors License, Liability Insurance and Workers
Compensation Insurance with an Active Bond. (Always check contractors, your personal property may be at riskl)
2. Owners responsible for necessary permits. ( If Necessary and Its mostly for removals or taking 25% or more foliage off any protected
tree) Unless other wise stated above (for example, offering to get tree permits myself for a small fee.)
3. Trees will be specified on description, and removal of foliage more than 25% of any canopy is not recommended (Usually Owners
Request). Not responsible for trees health decline, multiple factors play multiples roles in tree health. Drought especially. No tree should
be topped or severely cut back, it is malpractice to make large pruning cuts on certain trees, unless for good reason, wires, building
clearance, or shaping of disfigured tree, or else special requested by client. (Views, eta) Pruning 25% foliage or more is not
recommended.
4. If stumps are to be grounded out, contractor or owner can mark for underground utilities and or irrigation pipes. If you don't know
where your irrigation pipes run, how will us? , 811 Ticket can be made easily through us(if stated in description.). Stump grinding
machine goes 12" deep, unless special request inAdditions, . changes- made by mutual agreement between owner and contractor,
will be an additional expense agreed upon. JC Tree Experts will perform according to the following work specifications, Pricing
guaranteed for 60 days.
Payment:
Client shall pay JC Tree experts Inc upon completion.
Amount: , Due upon completion.
Approved:
Signatures and Title,
JC Tree Experts (Javier
Castaneda.)
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.soon®° CERTIFICATE OF LIABILITY INSURANCE °"07"W2022
( 07/01/2022
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(firs) 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 certlfloata holder In !leu of such endoreemen s .
PRODUCER
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2176 The Alameda N 107ainsurenotil
pjot� 408-247-3734 40&247.6417
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Sen Jose, CA 95126 Lbi10810732
INSURER a AFFOROINOCOVERAG9 NA%a
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3173 Heritage Wiley Dr.
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INDICATED. NOIWTHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO VMICH 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 SHONM MAY HAVE BEEN REDUCED BY PAID CLAIMS.
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CERTIFICATE HOLDER - - CANCELLATION
Nn ' ' €;.I reserved.
P.O. BOX 8192, PLEASANTON, CA 94888
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE' 09.29.2022 GROUP:
POLICY NUMBER; S1S0989-2022
CERTIFICATE 10; 87
CERTIFICATE EXPIRES: 09-28-2023
09.28.2022/00-20.2023
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This Is to certify that we have Issued a valid Workers' Compensation Insuranco policy in a form approved by the
California Insurance Commissioner to the employer named below for lite policy period Indicated.
This policy Is ❑el subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancollad prior to Its normal expiration.
This certificate of Insurance Is not an insurance policy and does not amend, extend or after the coverage afforded
by hh tho pollq listed heroln. Notwithstanding any roquiromont, torm or Condition of any Contract or other document
wrespect to which this Certificate of Insurance may be Issued or to which it may pertain, the insurance
affordod by the policy described heroin
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EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2006 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-28.2022 IS
1 ATTACHED TO AND FORMS A PART Or THIS POLICY.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTHO nPARESENTATNa
Nn ' ' €;.I reserved.
P.O. BOX 8192, PLEASANTON, CA 94888
CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
ISSUE DATE' 09.29.2022 GROUP:
POLICY NUMBER; S1S0989-2022
CERTIFICATE 10; 87
CERTIFICATE EXPIRES: 09-28-2023
09.28.2022/00-20.2023
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This Is to certify that we have Issued a valid Workers' Compensation Insuranco policy in a form approved by the
California Insurance Commissioner to the employer named below for lite policy period Indicated.
This policy Is ❑el subject to cancellation by the Fund except upon 30 days advance written notice to the employer.
We will also give you 30 days advance notice should this policy be cancollad prior to Its normal expiration.
This certificate of Insurance Is not an insurance policy and does not amend, extend or after the coverage afforded
by hh tho pollq listed heroln. Notwithstanding any roquiromont, torm or Condition of any Contract or other document
wrespect to which this Certificate of Insurance may be Issued or to which it may pertain, the insurance
affordod by the policy described heroin
hheerroin Is subject to all the forms, exclusions, and conditions, of such policy.
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Authorized Roprosentativo President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDING DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2006 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-28.2022 IS
1 ATTACHED TO AND FORMS A PART Or THIS POLICY.
T Tree free Experts License #1057201 Family Owned & Operated Since 1986, Pully insured, Bonded etc.
Javier Jr. 408-858-6123 Javier Sr. 408-605-9896 jQtra-e191.9,0@yahoQm.rti Address: 3277 South White Road,Box #304, San Jose CA 95148
Date: 4/6/2023
Proposal #9796
Customer:
Town Of Los Altos Hills
26379 Fremont Road
Los Altos Hills
- Objective(s) Trees to be worked on:
1. Remove eucalypus tree by open field, with stumprig nding as well.
—We will rake and haul debris off site, complete clean up, and special equipment
such as chainsaws, chippers, stump grinders and aerial lifts will be used in a timely
matter.
-specifications & Guarantee:
JC Tree Experts provides special equipment & labor to complete in accordance with the below specifications.
1. Work Is always performed with Certified Arborist on staff, Active State Contractors License, Liability insurance and Workers
Compensation Insurance with an Active Bond. (Always check contractors, your personal property may be at riskl)
2. Owners responsible for necessary permits. (If Necessary and its mostly for removals or taking 25% or more foliage off any protected
tree) Unless other wise stated above (for example, offering to get tree permits myself for a small fee.)
3. Trees will be specified on description, and removal of foliage more than 25% of any canopy is not recommended (Usually Owners
Request). Not responsible for trees health decline, multiple factors play multiples roles in tree health. Drought especially. No tree should
be topped or severely cut back, it is malpractice to make large pruning cuts on certain trees, unless for good reason, wires, building
clearance, or shaping of disfigured tree, or else special requested by client. (Views, etc.) Pruning 25% foliage or more is not
recommended.
4. If stumps are to be grounded out, contractor or owner can mark for underground utilities and or irrigation pipes. If you don't know
where your irrigation pipes run, how will us? , 811 Ticket can be made easily through us( if stated in description.). Stump grinding
machine goes 12" deep, unless special request inAdditions, , changes- made by mutual agreement between owner and contractor,
will be an additional expense agreed upon. JC Tree Experts will perform according to the following work specifications. Pricing
guaranteed for 60 days.
Payment.
Client shall pay JC Tree experts Inc upon completion.
Amount: $4,000.00 , Due upon completion.
Approved;
Signatures and Title.
JC Tree Experts (Javier
1TA=l5I�ZiIiT1
Date
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JEST K7tN cHAPT�R
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07/01/2022 Bonded etc.
HOLDER. THIS sew
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
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 pollcy(les) 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 Halite to the certificate holder In Ileu of such endorsemen e .
PRODUCERDonald
Astoria Insurance Brokerage
2175 The Alameda#L107
San Jose, CA95126 Lic# 0810732
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES, LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
NrO� 408.2 7.3734, 408.247.5417
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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.
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C ` ACORD 25 (2016103)
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CERTIFICATE OF WORKERS' COMPENSATION INSURANCE
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POLICY NUMBER: 9186959.2022
CERTIFICATE Ilk 07
CERTIFICATE EXPIRES: 09-28-2023
00-28-2022/09-28.2023
This Is to certify that we have Issued a valid Workers' Compensation Insurance policy in a form approved by the -
Callfornla Insurance Commissloner to the employer named below for the policy period indicated.
This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to ilio employer. '.
We will also glva you 30 days advance notice should this policy be cancelled prior to Its normal expiration.
This certificate of Insurance Is not an Insurance policy and does not Poland, extend or attar the Coverage afforded
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Authorised Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDINO DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2005 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-28-2022 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN
ACCORDANCE WITH THE POLICY PROVISIONS.
AUTIO REPRESENTATNE
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ISSUE DATE: 09-29.2022
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GROUP:
POLICY NUMBER: 9186959.2022
CERTIFICATE Ilk 07
CERTIFICATE EXPIRES: 09-28-2023
00-28-2022/09-28.2023
This Is to certify that we have Issued a valid Workers' Compensation Insurance policy in a form approved by the -
Callfornla Insurance Commissloner to the employer named below for the policy period indicated.
This policy Is not subject to cancellation by the Fund except upon 30 days advance written notice to ilio employer. '.
We will also glva you 30 days advance notice should this policy be cancelled prior to Its normal expiration.
This certificate of Insurance Is not an Insurance policy and does not Poland, extend or attar the Coverage afforded
by ilia polloV listed herein. Netwilhatandin any requirement, term or oonditian of any coniraol or other document
Wllh raspocl to which this certificate of Pnsurance may be Issued Cr to which it may partaln, the insurance F�
afforded by the
//p000lllii��cyy described heroin Is subject to all the formms,, exclusions, and conditions, of such pelloy.
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16V
Authorised Representative President and CEO
EMPLOYER'S LIABILITY LIMIT INCLUDINO DEFENSE COSTS: $1,000,000 PER OCCURRENCE.
ENDORSEMENT #2005 ENTITLED CERTIFICATE HOLDERS' NOTICE EFFECTIVE 09-28-2022 IS
ATTACHED TO AND FORMS A PART OF THIS POLICY.