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HomeMy WebLinkAboutPestmaster ServicesAGREEMENT THIS AGREEMENT is made and entered into on the 15 day of September, 2017 by and between the TOWN OF LOS ALTOS HILLS (hereinafter referred to as "TOWN") and Pestmaster Services (hereinafter referred. to as "CONTRACTOR"). I n consideration ideration of their mutual covenants, the parties hereto agree as follows: 1. CONTRACTOR. Shall provide or furnish the following specified services and/or materials: 1) Perform Stinkwort Herbicide Application within the Town of Los Altos Hills. 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of Ahis Agreement: Proposal from CONTRACTOR dated September 13, 2017 3. TERMS. The services and/or materials furnished under this Agreement- shall commence 9/25/2017 and shall be completed by 10/13/2017, 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 Fourteen thousand seven hundred fifty dollars and zero cents ($14,750.00) within thirty (30) days following receipt of invoice and co mpletion/de livery 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/-qoods, Town shall not be responsible for any interest or late %W charges on any payments from Town to CONTRACTOR, c. CONTRACTOR is responsible for monitoring its own. forces/employees/agentsi 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 Shw form Updated 442111-0 5. GENERAL TERMS AND CO DITIONS, 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 andalldemands, claims or liability of any nature to the extent caused. by the negligent performance of CONTRACTOR under this Agreement, b. INSURAN CE4 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. ++9 iii. AUTOMOBILE INSURANCE: $1 000,000.00 per occurrence, 0 iv. ERRORS AND OMISSIONS INSURANCE: $1 000,000.00 aggregate. v. NOTICE OF CANCELLATION: The City requires 30 days written notice of cancell.ationi, 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. ensure compliance with this vii. To prevent delay and. 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 Snort form Updated 412311 C c. NON-DISCRIMINATION. No discrimination shall be made in the employment of persons under this Agreement because of the race, color, rational 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 anycontracts 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 moth 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. tg. 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 rept 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 tithe 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. Tower of Los Altos Hills Page 3 of 4 short forts Qpftted 41231"T 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: Allen Chen Public Works Director 9 Town of Los Altos Hills By:- /15/2017------------------- Q g �Jimre Date n- 26379 Fremont Road Los Altos Hills, CA 94022 Jeffrey Van Diepen, President Print name, Title TOWN OF LOS ALTOS HI S: By* Carl Cahill. ON Vlanaaer D afi-11111 Town of Los Altos Hills Page 4 of 4 Short (cwm Updated 4123110 PESTMASTER SERVICES Contracts Department - Jason Virden, Contracts Manager 9716 S. Virginia St. #E Reno, NV 89511 (775) 858-7378 (775) 358-7378 (fax) jvlrden@pestmaster.com htto://www.pestmaster.com/ Town of Los Altos Hills 26379 Fremont Road Los Altos Hills, CA 94022 RE: Stinkwort Herbicide Application ATTN: Allen Chen the choice GSA Contract Holder Pestmaster Services would like to formally submit our quote to address your needs for stinkwort herbicide application, within the Town of Los Altos Hills. Quote: $14,,750,00 for marked locations of stinkwort located on map that has been provided. Start Time-, Approximate 5-10 Business days after notification to town of work to be done. Date will be finalized after pre -work meeting, Proposed Chemical: Garlon 3A Herbicide Dye (Optional) We look forward to hearing from you and excited for the start of a great working relationship. We have attached our capability statements for your convenience as well as a copy of our California Multiple Award Schedules (GLIAS). I welcome any questions about our CMAS and how we can help save you time and money by taking advantage of our schedule. Please do not hesitate to reach out to me at ivirden2pestmaster.com or by phone at 775-858w7378. Re,:. ectfull aso Virden, Contracts Manager Service centers across Arizona, California, D.C., Florida, Georgia, Kansas, Maryland, Nevada, New Jersey, New York, Ohio, Pennsylvania, South Carolina, Texas, and Virginia Form w"9 Request for "taxpayer (Rev. October 2007) Identification Number and Certification Department oI the T'roa=y r►wo Aeverme o r Mar" (nos shown on your income tact return) P stm .ter Services, Inc. Maine" name, if diffeoreont 9tom above Give form to The requester. Cho not send to the It Check aP;' 'tater box' [D Individual le proprietor Cwpwatlan PartneraNp Lr,�, Exempt Lhhed liability company Enter the tax claw ficatoan (Dadlsregarded entityx Cacorporatio n., Pzpartnsrsho) Pit, _ , - art payee Oth#r (1e4 R1etraactore) b- Addre (number, street, and Copt. a aufte ram.) IRequaster's nome and addre" (dpOora o 9716 8, Virginia St., Ste. E T Iftf a Rif U111111 My. sWt*, and ZIP code Renot NV 89511 List ac=mt numbe (a) here (opti m!) WWI*#Wa Wa s 26379 Fremont Road Enter your TIN In the appropriate box. The TIN provided must match the name given Tann Una f to avoid Social sock number backup withholding, For Individuals.; this is your social security number (SSN): However, for a resident alien, sole proprietor, or disregarded entity, sae the Part I instructions on page 3. For other entities it is K....._.�N..d�....� bw your employer identification number (EIN). If you do not have a number, see Hew to get a T7N on page 1 or Note. it the account is in more than one name, see the chart on page 4 for guidelines on whose Employer ide c an number renumber to enter. 95 3718404 Under penalties of pe4urry, I conity that. 1. The number shown on this form is my correct taxpayer- identification number for I am wahing for a number to be Issued to me), and 2. 1 ant not subject to backup withholding because: (a) I am exempt from backup w thholding.. or (b) I have not been notified by the Internal Revenue Service (IRS) that I am subject to backup withholding as as result of a failure to report all Interest or ditidonds, or (b) the IRS has notified ma that I air► no longer subject to backup wiftolding and 3 1 am a U.S, citizen or other U.S. person (defined below) Certification instructions. You must crass 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 Genii #ion, but you r'<u{st provide your correct T.1N. See tho instructlons on page 4 Sign f Sigrmturre of i Here UAS: anon General lrluon Section references are to the internal Revenue Code unless otherwise noted. e A person who is required to fife an information return with the IRS must obtain your correct taxpayer identfication number (TIN) to report, for examp"e, income paid to you, real estate transactions, mortgage interest you paid, scquisdion or abandonment of secured property, canoellaton of debt, or contributions you made to an IRA Use Forma w -g only ff you are a U.S, person (Including a resident alien)„ to provide your correct TIN to the person request'ng It (the requester) and, when applicable, t+o, 1. Certify that the 11N you are giving Is correct (or you are waiting for a number to be Issue, 2. Certify that you are not subject to backup withholding, or 3 laird exemption from backup withholding if you are a U exempt payee. It app Icable. you are also certifying that as a U.S person, your oticabie share of any partnership Income from a U S, trade or business fs not .subject to the withholding tax on foreign partners" share of effectively connected Incorne. Note If a requester gives you a farm other than Form W-9 to request your 71N, you must use the requester's form if it Is substahtialty sin'dlar to fts Form W-9 cato oo. 9/15/2017 Deffnitl n of a U.S. person. For federal tax purposes, you are considered a U.S. person If you are. * An individual who is a U , : Man or U , .. resident alien, e A partnership, corporation. company, or association created or organized_ In the United States or under the laves of the United States+ e An estate (rather than a foreign estate) or e A dome is trust (as defined in Regulations section 301.7701-7), 7 SpecW rules for partnerships. Partnersh ps that conduct a trade or business in the United Mates are generally required to pay a withholding tax on any foreign partners' share of in rrre from such business. Further, In certain czses where a Farm wµ9 has not been received, a partnership Is required to presurm that a partner is a foreign person. and pay the withholding tax.. Therefore, if you are a U S. person that Is a partner in a partnership conducting a trade or business In the United Mates provide Forret w-9 to the partnership to establish your U.S. status and avoid withholding on your share of partnership income. The person who gives Form w-9 to the partnership for purposes of establishing its U S. status and avoiding withholding on tis allocable share of net inc+omia from the partnership conducting a trade or business In the United Mates is In the following cases s The U.S owner of a disregarded entity and not the entity, Cat. No,10231X Form w- (Rao 104007) Acowbr CERTIFICATE OFLIABILITY INSURANCE �. DATE (MWDDNWY) 9/15/2017 THIS CERTIFICATE IS ISSUED AS A MATTER. OF INFORMATION ONLY AND CONFERS IVO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THEPOLICIES 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 XOD11I0l+IAL INSURED, the policy(les) trust be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an nndorsement. A statement an this certificate does net confer rights to the certificate holder in lieu of such and+orsement(s). PRODUCER Leavitt Southern California Insurance Services #OF 13098 1820 E. First Street, Ste 500 Santa 1a �Tuliana Sae PHONEjaic.Na � (714) SS9-27DD FAxjAIg. , t7i�j 5ee��oe� PAT F. -MAIL: jnliana.bae@hubinterna�tional . com INSURERS AFFORDING COVERAGE NAIL$0 A :S taLrNa t Insurance CoM2apy 40045 INSURED Pestmaster Services, Inc 9716 S 'Virginia Street -#E -F Ranco NUJ` 89511 INSURERB;Ohio Security Insurance. Co 24082 INSURERC:State Compensation tion ,I.nsurance 5076 INSURER 0 INSUFMR E ; INSURER F COVERAGES CERTIFICATE NLIMEIErt!2016 Pestmaster RFV1f.;1nN N1 IMRr-P- THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING 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 DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS: ILTRR TYPE OF INSURANCE 26379 Fremont Roat3. POLICY NUMBER MODDIIYYYY I 1 UCY EP LIMITS GENERAL LIABILITY 2 r OOO r CMOQ EACH OCCURRENCE $7. w15AWMFTZ$ RENTS PREMISES a rrence $ 1000000 A COMMERCIAL GENERAL LIABILITY CLAIMSWADE M OCCUR x LLS000004502 0/1/2018 0/2/2017 MEDS EXP (Any one person) $ S 1000 PERSONAL & AVIV INJURY S 21000400 Includes Inspection GENERAL AGGREGATE $ $ t OOO r OOO rvices*, Fasticide/ PRODUCTS ., COMPIOP AGG S 4tO00o CQD GEN'L AGGREGATE LIMIT APPLIES PER: rbicide A�rplicertor, Lollution POLICY1:1 JECTPRS` � LOC Lierb Extension S AUTOMOBILE LIARIUTYa a 1!� I 91WE LIMITi 0 0 0 0 0 0 ANY AUTO ALLOOSWNED SCHEDULED AUTS HIRED AUTOS X NON -OWNED E2 E BO 0210/1/2016 1011/2017 BODILY INJURY JPer person) S BODILY INJURY (Per ac ddentp $ PROPERTY DAME SAUTOS r S UMBRELLA UAB OCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAR CLAIMS -MADE DED RETENTION $ C WORKERS COMPENSATION AND EMPLOYERS, UARILITY Y I N ANY PROPRIETORIPARTNERIMCUTIVEE.L OFF1CSRNE1d BE EXCLUDED? [DN IMondatoryIrxNH) rr yyea, dem under f,�E50RIPTION OF OPERATIONS below 1 A 914507316 10/1/2016 10/1/2017 X VC STA—TU. I 10THw TORY LIMITS ER - EACH ACCIDENT' S �. Gi a EL DISEASE»EAEMPLOYEE. S 1 0DD 000 E.L.' DISFASE - POLICY L[MtT $ 1 00 0 0 D D DESCRIPTION OF OPERATIONS f LOCATIONS I VEHICLES (Attache ACORD iii, Additional Remarks Scheduler, It more space Is mquimel) FCL : Operations of the named inanred as on f Ile with the insurance carrier. The Town of Los Altos Hills $ its elective and appointed officers, employees, and volunteers are additional insureds with respect to general 1iability ger CG2010 1001. and CC2037 1001. 30 day notice of cancellation applies per policy provisions. CERTIFICATE HC3LDER t"'Ak r.1=I 1 dI TInN ACUKIJ Z5 (ZU1U105) IN11% 125raniw,; i 198$-2010 ACORD CORPORATION. All rights reserved. Tha A r'nm n mamas arm Innn ora rant=#ar&A m n rlra of arnpn SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELMRED IN Town of Los Altos s 11.E «3 ACCORDANCE WITH THE POLICY PROVISIONS. 26379 Fremont Roat3. AUTHORIZED REPRESENTATIVE LCs Altos Hills, 402 Dennis Manahan/JUBAE �► �" �� � � ACUKIJ Z5 (ZU1U105) IN11% 125raniw,; i 198$-2010 ACORD CORPORATION. All rights reserved. Tha A r'nm n mamas arm Innn ora rant=#ar&A m n rlra of arnpn POLICY NUMBER: LL 0000045 02 COMMERCIAL GENERAL LIABILITY CG 20 10 10 01 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, rAiDDITIONAL INSURED w.-, OWNERS, LESSEES 0 CONTRACTORS �- SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance pro4ded under, the fbilowing: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization: Any Person or Organization required to be named as an Additional Insured under a contract and evidenced by certificate of insurance or document on file with company. (If no.entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this..endorsement.) A. Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only vAth respect to liability, arising out of your ongoing operations performed for that insured. B. With respect to the insurance afforded to these additional insureds, the following exclusion is added: 2. Exclusions This insurance does not apply to "bodily inju- ry" or "property damage" occurring after (1) All warkl, including materials, parts or equipment Famished in connection with such work, on the project (other than seruce, maintenance or repairs) to be performed by or on behalf of the addi- tional insured(s) at the site of the cov- ered operations has been completed; or (2) That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another con- tractor or subcontractor engaged in peribrming operations fbr a principal as a part of the same project. CG 2010 10 01 0 ISO Properties, Inc-, 2000 Page 1 of 1 ❑ POLICY NUMBER -4 LL 0000045 02 COMMERCIAL GENERAL LIABILITY CG 20 37 10 01 THIS ENDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the ibilowing.: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Dame of Person or Organization: Any Person or Organization for whom you are performing operations when you and such person or organization have agreed In writing in a contract or written agreement that such person or organization be added as an additional insured on your policy and evidenced by a certificate of insurance or docu- m e nt on ft le with the cram pa nyv � Location And Description of Completed Operations: t All locations per contract 0 Additional Premiumd (if no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to this endorsement.) Section 11 — Who Is An Insured is amended to include as an insured the person or organization shown in the Schedule, but only With respect to liability arising out of "your work" at the location designated and described in the schedule of this endorsement pedbrimed fear that insured and included in the "products -completed operations hazard". CO 20 37 10 01 0 ISO Properties, Inc., 2000 Page 1 of 1 0