HomeMy WebLinkAboutArthur Hall, LLC AGREEMENT
THIS AGREEMENT is made and entered into on the day of At Y ! I , 2015 by
and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN")
and Arthur Hall, 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:
Remove bees from hive in the tree trunk in front of 26073
Mulberry Lane and cover all entry points to keep bees, small
rodents and raccoons out of the hive.
2. EXHIBITS. The following attached exhibits are hereby incorporated into and made
a part of this Agreement:
Proposal from CONTRACTOR dated March 20, 2011
3. TERMS. The services and/or materials furnished under this Agreement shall
commence 3-2.S-/Sand shall be completed by 5-iS -/5, 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 nine hundred fifty
dollars and zero cents ($950.00) 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.
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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.
iii. AUTOMOBILE INSURANCE: $1,000,000.00 per occurrence. et/ C.
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
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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 1
Public Works Director .//// <-
Town of Los Altos Hills By: , , j S/
26379 Fremont Road Signature Date
Los Altos Hills, CA 94022
1 , t lice /(
Print name, Title
TOWN O/FF LOS ALTOS
/H IIILLLS: /
By: C/eye ,A�(
Carl Cahill, City Mana r D e
Town of Los Altos Hills Page 4 of 4.
Short form
Updated 4/23/10
4
Proposal for Bee Removal
Arthur Hall, LLC
3362 Belgrove Cir.
San Jose CA 95148
artshonev(Womail.com
Cell 408 712 0663
************************************************************************
Client: Town of Los Altos Huills
26379 Fremont Road
Los Altos Hills CA 94022
Ph.
Atten: Richard Chiu rchiu@losaltoshills.ca.gov
Publics Works Director
Phone:
PO Number.
Proposal date: 3120115
Proposal Number: AH320151
Payment Due : 30 days from invoice. 5% penalty for each week late.
Site location: Tree trunk in front of 26073 Mulberry Lane, Los Altos
Hills, CA.
Hive Location: Inside main trunk. Entry exit points approx 4 ft
above grade.
Statement of work:
Insure City has properly secured area from foot traffic. Set up or
move yellow caution tape and barricades as needed.. Slowly
emptied bees from tree doorstep. Fabricated and erected fixtures for
removal of bees. Block all alternate entry points using commercial
grade expanding materials. Erect temporary lure hive to act as new
hive location. Removed my tools from site. Returned for routine
checks as needed. Typically 5-10 over 30 days.
Upon completion the majority of the bees will be out of the tree and
moved into the lure hive. At his time the lure hive will be removed
and the entry points will be covered by multiple layers of screen to
keep bees, small rodents and raccoons out of the hive,
Proposal
Labor: Discounted price adjusted $ 900.00
Materials:
Mesh, Foam, Paint, special chemicals for bees. $50.00
Proposal Amount: $ 950.00
Thank you again for helping to save the honey bees located in the
tree.
Arthur Hall LLC
3362 Belgrove Cir.
San Jose CA 95148
Beekeeper and bee relocation expert.
•
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