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Home My WebLink AboutJC Tree Experts AgreementAGREEMENT -4 THIS AGREEMENT is made and entered into on the4 I day of June, 2025 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 near Moody Road, Option 2 in EXHIBIT A. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: EXHIBIT A — Proposal #11450 dated 5/28/2025 3. TERMS. The services and/or materials furnished under this Agreement shall commence June 2, 2025 and shall be completed by August 1, 2025, 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 seven thousand dollars and zero cents ($7,000.00) 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 4/26/22 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. 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 Town of Los Altos Hills Page 3 of 5 Short form Updated 4/26122 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 4/26/22 CONTRACTOR: By: Signature Date Javier Castaneda, Owner Print name, Title TOWN OF OS ILLS: By: Peter Pirneja i y anag Date Page 4 of 5 C Tree Experts Licemse #1057201 Family Owned & Operated Since 1986. Fully insured, Bonded et(. Estimator: Javier Jr. 408-858-6123 Foreman: Javier Sr. 408-605-9896 ictree19904yahoo.com Address: 3277 South White Road, Box #304, San Jose CA 95148 Date: 5/28/2025 Proposal #11450 Customer: Contact: Michael Schloetter 650-531-5123 25616 Moody Road, Los Altos Hills Objective(s) line items/ Trees to be worked on: 1. Back Creek: Fallen tree with ivy on it and fallen tree parts, remove tree parts no more then 12" in diameter, and all green flammable foliage, rest of debris stays behind, cut up in long logs and leave behind.(Will need access through the property.) =$3, 500.00 2. Option to fully remove everything and clean up fallen tree debris. (Will have to go through black pate and or neighbors fence. -=$7,000.00 -Will Rake and Haul away Debris THAT WE CUT, 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 risk!) 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 we? , 811 Ticket can be made easily through us( if stated in description.). Stump grinding machine goes 12-16" 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.) WE -101101 Date SgBRN CHgpTHR INTERNATIONAL SOCIETY OF ARBORICULTURE JC Tree ExpertS Licerise #105720 1 Fanily Owned & Operated Since 1986. Fiilly insured, Bonded etc. WE -10110A JC Tree Experts License #1057201 Family Owned & Operated Since 1986, Fully insured, Bonded etc. A ORd' CERTIFICATE OF LIABILITY INSURANCE 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 INSURERIS), AUTHORIZED REPRESENTATIVE OR PRODUCER AND THE CERTIFICATE HOLDER. IMPORTANT: M the certificate holder la an ADDITIONAL INSURED, the poH, (Ns) must hwe ADDITIONAL INSURED provfslons or M andmsed. It SUBROGATION IS WAIVED, subjecl to the terms and conditions of the policy, certain Policies may naMdre an endo senued. A stat a nc d on this cerHficote does not coMer rights to the c.cata holder in Ile. of such mulmseme s. raoouceTt °mAVT Donets 1 Same _..._..403-247-3739.....'.FM..I.c.._ Astoda Insurance 8rdtemge PLIo-Ne e.408 -247 -MIT ..._.... 217STMAlameda, Ste 102 e4WIL aglonainsurencet[rmyahoo.com -- San Joee. CA95126 onplxs ._.__. _.._ wpe• 1.4i10810T32 vAEa ,Scotladale lrqurenca Company AvroxoeaELMeum ua a Scottsdale Imurence Comparry eR _ aDUBEa Exp JC ec Ixsuneac: Dow JC Treeda.lnc. Obs: JC Tree ExparN, Inc. D 3113 Hedtage Valley Dc .ka e AUTosolar oxtr San Jose, CA 95148 asuaNsuag _......_..................... n THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOM IMSTANDING 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 OESCRIBED HEREIN IS SUBJECT M ALLTHE TERMS. EXCLUSIONS AND CONDITIONS OF SUCH POLICIES LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. -ADo iw.R PO LKYEP .. _i MLIX X 1-06—LABILITY ',, EAO.OxuwtExcE n +.000, v, reel« xrLxDAUADETAaFJrrED - IPRFJl4EslFA.axFu:.w�tal 41 00,000 .. 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ACORD 25 (2018/031 The ACORD name and l090 are reaiatered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE ,F'°` THIS CERTIFICATE 19 ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELNERED IN IMPORTANT: H Ne certificate holdor Is an ADDITIONAL INSURED, Me policy(les) must have ADDITIONAL INSURED pmMions or be endorsed. ACCORDANCE WfM THE POLICY PROVISIONS, Donets J. Sauia IExTA— Lead SA ce Insurance Services__ 700 E Street 700 E Sbeet All nglds reserved. ACORD 25 (2018/031 The ACORD name and l090 are reaiatered marks of ACORD CERTIFICATE OF LIABILITY INSURANCE ,F'°` THIS CERTIFICATE 19 ISSUED AS A MATTER Of INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERDFICATE 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: H Ne certificate holdor Is an ADDITIONAL INSURED, Me policy(les) must have ADDITIONAL INSURED pmMions or be endorsed. N SUBROGATION m WAIVED, aubjact to the terms and condRlena of Ne policy, censin Policies may require an endorsemarlt. A sommandt on Nis cart to does not conhr r' hts to the sent&:ate holdm In Ilse cf such endorsemen a Lead SA ce Insurance Services__ 700 E Street 700 E Sbeet sem -- - Ss&211-2123 riic rx 8fi6913.7038 inrogleaCerschdPena.w m Sacramento CA 95614 ... LieslMa:9MBJ235 --ixeunen ACTaEEE.o A'_Insur _ _Com_pany of xle_wed 27847 suPeae JC Tree Experts. Inc 3173 Hentage Valley Drive ,------.___. 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