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HomeMy WebLinkAboutJC Tree Experts Agreement 09.12.2025AGREEMENT THIS AGREEMENT is made and entered into on thel2 4:6 y of v 20ZS 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: 1) Remove six (6) topped redwoods with stump grinding 2) Remove two (2) existing stumps from previous work 2. EXHIBITS. The following attached exhibits are hereby incorporated into and made a part of this Agreement: Proposal from CONTRACTOR dated 9/5/2025 3. TERMS. The- services and/or materials furnished- under thisAgreement commence September 8, 2025 and shall be completed by September 112, 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 Four thousand five hundred dollars and Zero cents ($4,500.00) 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: _ - - i._ -WORKERS -COMP-ENS ATI.ON_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. 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, -__ C_ONT_RAC_T_OR__certifies_that no -one -who -has or will -have -any financial- interest under this Agreement is an officer or employee of TOWN. e:--CHANG€S. 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 4/26/22 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 [insert applicable staff title] 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.- lan.g.uage_ 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: Daniel Liang Town of Los Altos Hills By: qa-t'� 9/10/25 26379 Fremont Road Signature Date Los Altos Hills, CA 94022 Javier castaneda Owner Print name, Title TOWN OF A HILLS: By: q 1212d2s e er Pirnejad, City Manager Date Town of Los Altos Hills Page 4 of 5 Short form Updated 4/26/22 Tree Experts License # 1057201 Family Owned & Operated Since 1986, Fully insured, Bonded etc. Estimator: Javier Jr. 408-858-6123 Email: ictreel99Q@yahoo com Address: 3277 South White Road, Box #304, San Jose CA 95148 Date: 9/5/2025 Customer: #11831 Contact: Los Altos Hills 11629 Dawson Drive, LAH Objective(s) line items/ Trees to be worked on: 1. Remove 5 topped redwoods with stump grinding. 2. Remove two stumps existing already from previous work.=$3,800.00 3. Include previous topped redwood removal with stump grinding. =$700.00 -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. - orkis-always-per�d-wfth—CertifiedPvborist-om-staff, Active tate Contr bft —L=ice WUdbility insurance-�kers 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 we? , 811 Ticket can be made easily through us( 9 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: $4,500.00 , Due upon completion. Approved: Completed 9/8/25 Signatures and Title. JC Tree Experts (Javier Castaneda.) ; WE -10110A Date iiV,STERN CHAPTER INTERNATIONAL SOCIETY I r1F ARR0PT IT TITRF