HomeMy WebLinkAboutAbol Rodent Control V
AGREEMENT
THIS AGREEMENT Is made and entered into on the7z day of Odell ei , 2013 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as 'TOWN')
and Abol Rodent Control (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:
Perform rodent control services at the Westwind Community
Barn Facility and immediately surrounding exterior areas
(200'from the boundary of the complex).
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a
part of this Agreement:
Proposal from CONTRACTOR dated September 18, 2013
3. TERMS. The services and/or materials furnished under this Agreement shall
commence rolgbp and shall be completed by /o/7//q , 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 Three thousand one
hundred five dollars and seventy cents ($3,105.70) 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.
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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:
i. 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.
11 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 propedy
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
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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.
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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:
Richard Chiu
Public Works Director 9 /7Town of Los Altos Hills By: Ai/ 'Y'
26379 Fremont Road Si. Date
Los Altos Hills, CA 94022 / r.0 J/ 401.0--
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Print name,Title
TOWN OF LOS ALTOS HILLS:
BY: ( A � I lot? WO
Car Cahill,City Ftanager Date
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ABOL.
Rodent C o n t r o l
P.O. Box 1876, Lodi, CA 95241
209 333-9680 (office) - 209 366-1859(fax)
Scope of Work Proposal
• Los Altos Hills
All open areas of the Westwind Community Barn Outdoor Facility and immediately
surrounding exterior areas(to mean 200' from the boundary of the complex)have a
moderately high degree of infestation by Ground Squirrels and to a lesser degree there is
gopher infestation outside of the paddocks.
The level of activity at the Horse Barn and paddock facility has ground squirrel
infestation that will requite movement of the boarded 4H horses during the actual
eradication. This eradication should take 4 hours total for both the gophers and the
ground squirrels.The initial eradication for the rest of the complex should take less than
an additional 10 hours and the level of the infestation in these areas is much greater than
I year ago. We have in this scope noted that we will be staying overnight in the area so
that the next morning any burrows that were reopened due to the rodents not being
present during the initial procedure may be treated again to ensure eradication.The cost
for this overnight is approximated to be$150.00 for a room and a per diem for 2 workers
at$90.00.
The estimated cost of the initial eradication procedure for both locations at our hourly
rate of$125.00/hour for 14 hours will be$1,750.00.The eradication is expected to take
less than 14 hours but this is an approximation based on the burrows that were observed
to be occupied. Should the eradication take less take less than the estimated time the
invoice amount will be decreased to reflect the difference. Should the eradication require
more than the time estimate,we will continue to eradicate based upon your approval and
the invoice will be adjusted accordingly.Mileage charges are$95.70 given the 214 round
trip travel distance.ABOL does discount the first 40 miles for a total of 174 miles®
• $0.55 per mile. The total estimated cost for the eradication will be$2,085.70 based upon
our inspection of the properties.
After this initial eradication,maintenance may begin on a quarterly or semi-annual basis
based upon the activity that is observed at these locations.If new infestation is disposed
of quickly when observed the cost to the City should be approximately$340.00 per
subsequent eradication.
• Further, should ABOL be at another Santa Clara County location performing eradication
the mileage charges to Los Altos Hills will be greatly decreased due to the proximity of
our crew to your locations.
v
Should you have questions or wish to discuss any aspect of this Proposal please do not
hesitate to contact me.
Thank you for this opportunity to be of service to Los Altos Hills.
Al Dentone
ABOL Rodent Control
(209)333-9680
Fath, W-9 (�} Request for Taxpayer Give form to the
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Part I T. •a -r Identification Number(TIN) _
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Enter your IIN in the appropriate box.The TIN provided must match the name given on Line 1 to avoid lI SOClxt socurits'number I
backup withholding For individuals,This is your social security number(SSNI.However,for a resident 1
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alien,sole prof/deice,or ion arded entity,see
yo the Part I instructions on page 3.For other entities, 11 is
your employer identification number(EIN). II you do not have a number.see How to get a TIN on page 3 or
Note.11 the account is in more than one name,see the chart on page 4 For guidelines on whose Embryo:idarPo:oatlen number
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der to enter.
ImilaliCertificatlon
Under pennies of perpry,I certity that:
1. 1 he number shown on this form is my correct taxpayer identification number(or I am walling for a number to be issued to mel.and
2. I am not subject to backup withholding because:(a)I am exempt from backup withholding,or(b)I have not been noble)by ihu Interrai
Revenue Service(IHS)That t an subject to backup withholding as a result of a failure to report all interest or dividends,or ICI lire IRS has
notified me that I am no longer subject to backup withholding.end
3. Ian a U.S.citizen or other U.S.person(defined below).
Certification Instructions.You worst cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding he cruse you have tailed to report all interest and dividends on your tax return.For real estate transactions,item 2 doe:not opp'y
For mortgage interest paid,acquisition or abandonment of secured property,cancellation of debt.contributions to an indHclu. el rsti'emenf
arrangement(IRA),and generally,payments other than interest and dividends,you are not required to sign the Certification.but,cu must
provide your correct TIN.See the instructions on page 4.
Sign sisnaw.e or _...
Here U.S.pnaon 1. Nate 1.
General Instructions Definition of a U.S. parson. For federal tax purposes, you are
considered a U.S.person if you are:
Section references are to the Internal Revenue Code unless a An Individual who is a U.S.citizen or U.S. resident alis[.
otherwise noted. e A partnership,corporation,company,or association created or
Purpose of Form organized in the United States or under the laws of tie United
A person who is required to file an information return with the States.
IRS must obtain your correct taxpayer identification number(RN) • 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 Special rules for partnerships.Partnerships thee conduct a
contributions you made to an IRA. trade or business in the United States are generally Hotbed to
Use Form W-9 only if you area U.S.persen(including a pay a withholding tax on any foreign partners'share id Income
resident alien),to provide your correct TIN to the person from such business.Further,in certain cases whew.a Form W-9
requesting it(the requester)and,when applicable,la: has not been received,a partnership is required to presume that
1.Certify that the TN you am 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 it a
2.Certify that you are not subject to backup withholding,a 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 at partnership
exempt payee.If applicable,you are also certifying that as a income.
U.S.person,your allocable share of any partnership income from The person who gives Form W-9 to the partnership for
a U.S.trade or business is not subject to the withholding tax on purposes of establishing its U.S.status and avoiding withholding
foreign partners'share of effectively connected income. an its allocable share of net in me 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 UN,you must use the requester's form e it is following cases:
substantially similar to this Form W-9. • The U.S.owner of a disregarded entity and not the entity,
Oat No.40230( Form W-9 (Rev 1119M61