HomeMy WebLinkAboutAgr 2007-05-15 (Treemasters)
TOWN OF TIBURON
TIBURON, CALIFORNIA
OWNER-CONTRACTOR AGREEMENT
KNOLL AREA TREE TRIMMING AND REMOVAL
It!''' THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this
l day of "'^~ ' 2007, by and between the TOWN OF TIBURON, a municipal
corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner"), and TREEMASTERS, P.O.
Box 9350, San Rafael, CA 94912 ("Contractor").
In consideration of the mutual covenants and agreements set forth herein, Contractor and
Owner hereby agree as follows:
ARTICLE I
WORK DESCRIPTION
The Contractor shall do all the work and furnish all the labor, services and materials necessary to
complete the work described in the Contractor's Bid Proposal attached as Exhibit A ("Work"). The
Contractor shall complete the Work in a good, workmanlike and substantial manner, to the satisfaction
of Owner and in accordance with the terms of this Agreement and the Town's encroachment permit.
ARTICLE II
CONTRACT SUM
Contractor's compensation under this Agreement shall be known as the Contract Sum. The Contract
Sum shall be a not-to-exceed amount of$14.860.00 (fourteen thousand eight hundred sixty dollars) as
full compensation for the Work. All payments shall be subject to the General Conditions, set forth in
Exhibit B.
ARTICLE III
TIME FOR PERFORMANCE
Contractor shall commence performance of the Work on a date to be specified by Owner to Contractor
to proceed ("Notice to Proceed"). Contractor shall diligently proceed with performance of the Work
and agrees to achieve Completion of the entire Work within 10 working days after receiving the
Notice to Proceed ("Scheduled Completion Date").
ARTICLE IV
EXHIBITS
This Contract includes the following Exhibits, which are attached hereto and incorporated herein
by reference:
Exhibit A
The Work (Contractor's Work Proposal, not inclusive of
terms and conditions)
General Conditions
Exhibit B
Treemasters - Knoll Area Tree Trimminf.!
IN WITNESS WHEREOF, the parties to these presents have hereunto set their hands the
day and year first herein above written.
TOWN OF TIBURON
APPROVED AS TO FORM:
an, Town Manager
BY~~?-
Ann R. Danforth, Town Attorney
CTOR: Treemasters
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Its 9{L,~vO~
Contractor's License No. lJ,{,flC)'1." ~
Expiration Date: J 1 "\ , '\
Treemasters - Knoll Area Tree Trimming 2
EXHIBIT A
CONTRACTOR'S PROPOSAL
(attached)
Treemasters - Knoll Area Tree Trimming 3
EXHIBIT A
Fully Insured TREEMASTERS
(415) 491-1009 North Marin · (415) 388-3535 South Marin
(415) 455-9934 Fax · P.O. Box 9350 · San Rafael, CA 94912
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Lic #660226
Independently Rated
Highest in Quality
Name:l h-ni(~ l)H u:'rp~l lr1 Date: ~{, It. ".nn/
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Company: '1'(\\\11 ItiTd-'HHnn lil:lckw'~ii;tSlllre Email Addr:
Address: Hirh~k~t~-'; r:;:lstnre rihnH)H (),.!q~~n
Billing: , ':':':0< T~hllrnn Blvd T;'hllrnQ (' /\ (),j()'''tO
Phone: "I'~ 5~"'L~ S-7V)9 ()ffice 415~ ~ 59",8369 C:cil
Map: 6[17 -/\'; X -Strt"ct: fibufon IH\d (<.t"[ B\'~ Repeat linr,(lau:d
Description of Job: TREEMASTERS will perform the following work itemized below and furnish the following labor, materials &
equipment to complete that work:
Job Items Set-up, breakdown and dump fee:S\2{jl
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I fce t\C'r;'L I"ill "hn! tur' ,~)!H;;.~;;urn CU( ,~tu.'{uy/)fUS ,':)(.i.}!:'UJ(',- .c ~'LL, to t .n, f..' , .1-,
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t,7'I..~'~. ".'..1...'; /'~<-": ~~.l L_.jO- ___.t ~ .d .--,t..,~ t_.. .,~~" 1~\ ~_,,-~t.- . _.~ ~~.. ~.~i~.._Jt_.!_ .& l ,,~_.~..,t..r I. ..---.-~ - '" .. ~ -- j - ,~ ~1
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1 k,,,,:rnu, ,~' ~i '}i,:: dent! Ji,nbs !'l:du\,t' \2'(('\'\\11 ill, 20n () and SH,k~ prnn~; h'OHl Socrer field (IKn
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1 ) Rc~nh.\\.:ILH'1)c dead innh'-\ aod !t~du(e ,":1'(\\\'0 b~./ 20n 1\
t ~~ 6Cl
:xF Haul Brush & Debr~fl Haul Wood 0 Wood left cut 16" Rounds piledat base of tree 0 Leave Stump MJlch
Estimator: 'T ad\:h."d1': Date: 4/1 C /07 . Job Cost Total: 1;:\..'g.V\ (1'1
CLIENT HAS THE RIGHT TO REQUIRE CONTRACTOltTO PROVIDE A PERFORMANCE AND PAYMENT BOND.
Authorization To Proceed: The Client hereby authorizes Treemasters to perform the Job as described above. Unless otherwise agreed
upon in writing by Treemasters, Client agrees to make total payment of the estimated costs and all authorized additional costs upon
completion of the Job. By signing below, Client acknowledges that Client has read and understands all of the provisions on thefrontand
back of this Agreement and agrees to abide by all terms and conditions. Client also acknowledges receipt of the attached Notice to Owner.
Client's Signature Date:
Time For Completion: Treemasters' work crews and equipment will arrive at the job site unannounced unless otherwise noted in this
Agreement. Treemasters agrees to substantially commence work within ~ 'j days after Client has executed this agreement and shall
diligently pursue the Job to completion within : .~ working days, subject to permissible delays. Work will begin approximately on
, i', , and all work will be completed approximately on ',Ii' Substantial commencement of the work shall be deemed to be tre date
w~eh'Treemasters first supplies workers to the job who aetualiy ~tart Job operations. Treemasters' failure to commence work SUbstantidlllY
within 20 days after the approximate date specified is a violation of the Contractors' State License Law
Deposit. Client agrees to make the following deposit of $ , ~, . (Pursuant to California law, deposit cannot exceed $1,000 or 1000 0
contract price, whichever is less.) Client shall pay said deposit with signed contract, or by: " .
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Payment. Client agrees to make payment as set forth in the above upon completion ofthe Job. In the event the scope of the Job changes,
Treemasters will be paid for all the items on the contract that have been completed. Any additional Work performed requested by the Client
will be billed on a time and materials basis or bid price. A service charge of 1 ~% per month, which is an annual percentage rate of 18%,
will be added to accounts thirty days after the invoice date. Failure to bill Client for said service charges does not constitute a waiver of
Treemasters right to charge interest. If outside assistance is used to collect the account, the client is responsible for all costs associated with
the collection including, but not limited to, attorneys' fees and court costs
Delays Beyond Treemasters' Control. Treemasters shall be excused for any delay in completion of the Job caused by acts of God; acts of
Client, of Client's agents, or of Client's employees or independent contractors; inclement weather; labor trouble; acts of public utilities,
public bodies, or inspectors; changes requested by Client; Client's failure to make any progress payments and/or deposit payments promptly;
or other contingencies unforeseen by Treemasters and beyond its reasonable control.
Permits. Client is responsible for obtaining and paying for any required permits for the Job.
Authority of Client. Client warrants that all trees and vegetation upon which work is to be performed are owned by client, or that Client has
obtained authorization for the work has been obtained from the rightful property owner. Client agrees to indemnify and hold harmless
Treemasters from any and all claims made by others regarding damage to or ownership of trees or vegetation.
Access to Work Areas. Client shall provide free access to work areas for employees and vehicles and agrees to keep driveways clear and
available for movement and parking of trucks and equipment during work hours. Treemasters shall not be expected to keep gates closed for
animals or children.
Concealed Contingencies. Client is responsible for identifying all concealed contingencies, including but not limited to, concealed
structures, pipes, concrete, foreign matter, utilities, stinging insect nests, rock, or electrical lines ("Concealed Contingencies"). Client
agrees to pay additional sums on a time and materials basis for any additional work required to complete the Job caused by undisclosed
Concealed Contingencies, or any other condition not readily apparent in estimating the work specified, or any delays resulting from
unanticipated interruptions of work outside the control of the Treemasters. Client agrees to indemnify and hold harmless Treemasters from
any and all claims resulting from damage to any Concealed Contingencies.
Stump Removal. Stumps from tree removal will be cut to within approximately twelve inches above ground level, and stump grinding or
removal is not included, unless otherwise specified on the front of this Agreement.
Fertilization Applications. Treemasters will be responsible for the proper application of any fertilization formulations that are
commonly used to control specific problems involving trees, shrubs or plants, but will not be responsible for any unforeseen or
abnormal reaction resulting from the use of such fertilization formulation.
Falling Debris. Treemasters will not be liable for light fallen debris or sap on cars, furniture, structures, landscaping, or other objects
located under or near the vicinity of the tree being worked on. Client agrees to indemnify and hold harmless Treemasters from any claims
regarding damage resulting from fallen debris or sap.
Claims. All claims for defective or incomplete work and all other claims related to work pursuant to Job must be made by Client in writing
to Treemasters fully setting forth the nature of the alleged defect or incomplete work within thirty (30) days of Tree masters completion of
the Job. Client's failure to so notify Treemasters shall constitute an irrevocable acceptance of the Job and a waiver of any defect, incomplete
work, or other claim for damages.
NOTICE OF RIGHT TO CANCEL: Client may cancel this transaction at any time prior to midnight of the third business day after the
date of this transaction. Or if this is a contract for the repair of damages resulting from an earthquake, flood, fire, hurricane, riot, storm, tidal
wave, or other similar catastrophic occurrence, you the Client may cancel this transaction at any time prior to midnight of the seventh
business day after the date of this transaction. Contractors are required by law to be licensed and regulated by the Contractors' State License
Board, which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged
violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000,
Sacramento, CA 95826
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(415) 491-1009 North Marin. (415) 388-3535 Sout Mann ~ ..../q
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(415) 455-9934 Fax. P.O. Box 9350 · San Rafael, CA 94912 Independently Rated
Highest in Quality
Name~ie #66~;:~id Davenport Page 2 7~ V lS ~ Date: JI.~6/2007
Company: Town of Tlburon - R13ckle~' Pns:tnre Email Addr:
Address: Rlackies Pas:ture Tlhnrnn 94970
Billing: 1505 TlhllTnfl Blvd Tihnron CA 94920
Phone: 415-435-7399 Office 415-559-8'169 Cell
Map: 607-A4 X-Street: Tiburon Blvd Ref. By: Repeat lJnrelated
Description of Job: TREEMASTERS will perform the following work itemized below and furnish the following labor, materials &
equipment to complete that work:
Job Items
TREEMASTEIl-1
Fully Insured
Set-up, breakdown and dump fee: $8840
0) Tree #4
I ) Retnove IRrge nead linlbs~ reduce croUJn by 200/0 and retllOVe select ltnver linlbs
F) Tree #.:;
1 ) Renlove select lo\ver 11"1 hs over Socl.~er tleld
29/10
320
F) RetllOVe select Rlack AC3C1n 4rarif11'tl~hlJ'lQyylon spro1Jts on path\vay, dead,vood
and lo\v limb larger Black Acacia Acacia nlelan(uylon + d(lyllght tar light
(j)Rel1l0Ve one large volunteer Eucalyptus Fucalyptlls
H) General clean up of property belo\v trees
N(lTE WE WILL BE BRINGING EQTJIPMEl'JT lJP TIlE BIKEPAT1-I WI-ITCH MAY
CRACK BIKEPATIl TREEMASTERS NOT LIABLE FOR BIKEPATfIDAMACiE
CAtJSED BY WEIGHT ()F THE EQlJIPMENT Package Discount ."1900
llHaul Brush & Debris HHaul Wood 0 Wood left cut 16" Rounds piledat base of tree 0 LeaveStullll M.a1ch ~
(. -'CSl
Estimator: Tad Jacobs Date: 4i 10.107 . Job Cost Total: ~ (to '<l"
CLIENT HAS THE RIGHT TO REQUIRE CONTRAC OR to PROVIDE A PERFORMANCE AND PAY N .
Authorization To Proceed: The Client hereby authorizes Treemasters to perform the Job as described above. Unless otherwise agreed
upon in writing by Treemasters, Client agrees to make total payment of the estimated costs and all authorized additional costs upon
completion of the Job. By signing below, Client acknowledges that Client has read and understands all of the provisions on thefrontand
back of this Agreement and agrees to abide by all terms and conditions. Client also acknowledges receipt of the attached Notice to Owner.
Client's Signature Date:
1820
1880
<)60
Time For Completion: Treemasters' work crews and equipment will arrive at the job site unannounced unless otherwise noted in this
Agreement. Treemasters agrees to substantially commence work within ~() days ~ftg5liefitnasexecuted this agreement and shall
diligently pursue the Job to completion within 1 ,~ working days, subject to peIU1is~itsl~ delays. Work will begin approximately on
N I ^ , and all work will be completed approximately on 1'.' Substantial comrnehcement ofthe work shall be deemed to be tre date
when T~eemasters first supplies workers to the job who actually ~~rt Job operations. Treemasters' failure to commence work substantially
within 20 days after the approximate date specified is a violation of the Contractors' State License Law
Deposit. Client agrees to make the following deposit of $ 0 . (Pursuant to California law, deposit cannot exceed $1,000 or, l,l"" OO,~O"Y<, 0 , ",
contract price, whichever is less.) Client shall pay said deposit with signed contract, or by: N.'/\ . ~ L '
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Payment. Client agrees to make payment as set forth in the above upon completion of the Job. In the event the scope of the Job changes,
Treemasters will be paid for all the items on the contract that have been completed. Any additional Work performed requested by the Client
, will be billed on a time and materials basis or bid price. A service charge of 1 ~% per month, which is an annual percentage rate of 18%,
will be added to accounts thirty days after the invoice date. Failure to bill Client for said service charges does not constitute a waiver of
Treemasters right to charge interest. If outside assistance is used to collect the account, the client is responsible for all costs associated with
the collection including, but not limited to, attorneys' fees and court costs
Delays Beyond Treemasters' Control. Treemasters shall be excused for any delay in completion of the Job caused by acts of God; acts of
Client, of Client's agents, or of Client's employees or independent contractors; inclement weather; labor trouble; acts of public utilities,
public bodies, or inspectors; changes requested by Client; Client's failure to make any progress payments and/or deposit payments promptly;
or other contingencies unforeseen by Treemasters and beyond its reasonable control.
Permits. Client is responsible for obtaining and paying for any required permits for the Job.
Authority of Client. Client warrants that all trees and vegetation upon which work is to be performed are owned by client, or that Client has
obtained authorization for the work has been obtained from the rightful property owner. Client agrees to indemnify and hold harmless
Treemasters from any and all claims made by others regarding damage to or ownership of trees or vegetation.
Access to Work Areas. Client shall provide free access to work areas for employees and vehicles and agrees to keep driveways clear and
available for movement and parking oftrucks and equipment during work hours. Treemasters shall not be expected to keep gates closed for
animals or children.
Concealed Contingencies. Client is responsible for identifying all concealed contingencies, including but not limited to, concealed
structures, pipes, concrete, foreign matter, utilities, stinging insect nests, rock, or electrical lines ("Concealed Contingencies"). Client
agrees to pay additional sums on a time and materials basis for any additional work required to complete the Job caused by undisclosed
Concealed Contingencies, or any other condition not readily apparent in estimating the work specified, or any delays resulting from
unanticipated interruptions of work outside the control ofthe Treemasters. Client agrees to indemnify and hold harmless Treemasters from
any and all claims resulting from damage to any Concealed Contingencies.
Stump Removal. Stumps from tree removal will be cut to within approximately twelve inches above ground level, and stump grinding or
removal is not included, unless otherwise specified on the front of this Agreement.
Fertilization Applications. Treemasters will be responsible for the proper application of any fertilization formulations that are
commonly used to control specific problems involving trees, shrubs or plants, but will not be responsible for any unforeseen or
abnormal reaction resulting from the use of such fertilization formulation.
Falling Debris. Treemasters will not be liable for light fallen debris or sap on cars, furniture, structures, landscaping, or other objects
located under or near the vicinity of the tree being worked on. Client agrees to indemnify and hold harmless Treemasters from any claims
regarding damage resulting from fallen debris or sap.
Claims. All claims for defective or incomplete work and all other claims related to work pursuant to Job must be made by Client in writing
to Treemasters fully setting forth the nature of the alleged defect or incomplete work within thirty (30) days of Treemasters completion of
the Job. Client's failure to so notify Treemasters shall constitute an irrevocable acceptance of the Job and a waiver of any defect, incomplete
work, or qther claim for damages.
NOTICE OF RIGHT TO CANCEL: Client may cancel this transaction at any time prior to midnight of the third business day after the
date of this transaction. Or if this is a contract for the repair of damages resulting from an earthquake, flood, fire, hurricane, riot, storm, tidal
wave, or other similar catastrophic occurrence, you the Client may cancel this transaction at any time prior to midnight of the seventh
business day after the date of this transaction. Contractors are required by law to be licensed and regulated by the Contractors' State License
Board, which has jurisdiction to investigate complaints against contractors if a complaint is filed within three years of the date of the alleged
violation. Any questions concerning a contractor may be referred to the Registrar, Contractors' State License Board, P.O. Box 26000,
Sacramento, CA 95826
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EXHIBIT B
GENERAL CONDITIONS
ARTICLE 1
IN GENERAL
1.1 DEFINITIONS
1.1.1 "Director" shall mean the Owner's Director of Public Works or his designee.
1.1.2 "Owner" shall mean the Town of Tiburon, and its officials, agents and employees.
1.1.3 "Contractor" shall mean Treemasters and its officials, agents, and employees.
1.1.4 "Day" shall mean working day unless specifically designated otherwise.
1.1.5 "Excusable Delay" shall mean an actual delay in the performance of the Work by Contractor
caused by events to the extent that such events are not reasonable foreseeable and are beyond the
reasonable control of Contractor, such as fire, flood, earthquake or unusually and unforeseeably severe
and abnormal weather conditions, war, embargo, or sabotage.
1.2 CONTRACT CONDITIONS
The Contractor shall carefully study this Contract and shall at once report in writing to the Owner any
error, inconsistency, omission or lack of coordination that may be discovered. Any discrepancies
between this Contract and conditions of the Site, or in the layout given by stakes, points or
instructions, discovered by the Contractor shall be promptly brought to the attention of the Owner.
1.3 PERFORMANCE OF THE WORK
1 .3.1 The Owner shall at all times have access to the Work.
1.3.2 At the time the contract is awarded, all contractors and subcontractors shall be
properly licensed in accordance with the provisions of Chapter 9 of Division 3 of the Business and
Professions Code. At the commencement of work, all contractors and subcontractors shall have
obtained business licenses from the Town of Tiburon.
1.3.3 Unless otherwise provided in this Contract, the Contractor shall provide, pay for and
be responsible for all labor and materials necessary for the proper execution of the Work. The
Contractor shall supervise and direct the Work, using the best skill and attention necessary for a
contractor experienced and expert in this type of construction. The Contractor shall employ only
persons skilled in the task assigned to them and only machinery and equipment of suitable capacity to
the task, and operated by an experienced operator. The Contractor shall be responsible to the Owner
for the acts and omissions of the Contractor's employees, subcontractors and their agents and
employees. Notwithstanding the forgoing, nothing in this Contract shall be interpreted to make the
Contractor an agent of the Owner.
1.3.4 The Contractor shall promptly correct all Work rejected by the Owner as defective or
as failing to conform to this Contract. The Contractor shall bear all costs of correcting such Work. If
the Contractor does not, within five (5) days after receipt of written notice from the Owner, commence
and diligently complete correction of any deficient or nonconforming Work, the Owner may, without
Treemasters - Knoll Area Tree Trimming
4
prejudice to any other remedy the Owner may have, correct such deficiencies. The Owner shall be
entitled to a credit for the cost of such correction against the Contract Sum.
1.3.5 The Owner reserves the right to perform work related to the Work with the Owner's
own forces, and to award separate contracts in connection with other portions of the Work or other
work on the Site. The Owner and the Contractor shall provide for the coordination of the work. The
Contractor shall afford the Owner and separate contractor's reasonable opportunity for the
introduction and storage of their materials and equipment and the execution of their work, and shall
connect and coordinate the Work with theirs as required by this Contract.
1.4 INDEMNIFICATION
Contractor shall defend, indemnify and hold harmless Owner from any claims or damages, including
attorney's fees, arising from Contractor's performance of this Agreement, with the exception of those
claims or damages arising from the active negligence of Owner. In the event that the Owner's active
negligence accounts for only a percentage of the liability involve, the obligation of Contractor will be
for that portion or percentage of liability not attributable to the active negligence of Owner.
1.5 USE OF SUBCONTRACTS AND OTHER CONTRACTS FOR THE WORK
Contractor shall comply with the California Subletting and Subcontracting Fair Practices Act, Cal.
Pub. Contr. Code 33 4104 - 4114.1 in the use and substitution of subcontractors.
1.6 CHANGE ORDERS
1.6.1 A Change Order is a written order to the Contractor signed by the Owner and
authorizing a change in the Work and/or an adjustment in the Contract Sum and/or the Contract Time.
The Contract Sum and the Scheduled Completion Date may be changed only by specific Change
Order. Adjustments of Contract Time, Work or Sum may be issued without notice to Sureties, and
absence of such notice shall not relieve the Sureties of any responsibilities.
1.6.2 The Owner, without invalidating the Contract, may order changes in the Work within
the general scope of the Contract Change Order. The cost or credit to the Owner resulting from a
change in the work shall be determined, at the Owner's option, by mutual agreement between the
Owner and Contractor, or on the basis of time and material actually and properly incurred, plus a
twenty percentage fee for profit and overhead.
1.7 TERMINATION OF THE CONTRACT
1.7.1 If the Contractor becomes bankrupt or insolvent or is guilty of a substantial violation
of a provision of this Contract, and fails within five (5) days after receipt of notice to commence and
continue correction of such default with diligence and promptness, the Owner may, without prejudice
to any other remedy the Owner may have, terminate the employment of the Contractor and take
possession of the Site and of all materials and equipment thereon owned by the Contractor as
necessary to complete the Work.
1.7.2 The Owner may terminate the performance of the Work in whole or in part, whenever
the Owner. determines that such termination is in the best interests of the Owner. Any such
termination shall be effected by delivery to the Contractor of a notice of termination specifying the
extent to which the performance of the Work is terminated, and the date upon which termination
becomes effective. Upon such termination for convenience, Contractor shall stop all Work and be
entitled to reasonable compensation for Work performed and accepted under this Contract.
Treemasters - Knoll Area Tree Trimming
5
ARTICLE 2
PAYMENTS AND COMPLETION
2.1 PAYMENTS
2.1.1 The Contract Sum is stated in the Agreement and, including authorized adjustments
thereto, is the total amount payable by the Owner to the Contractor for the performance of the Work
under this Contract.
2.1.2 The Contractor shall submit monthly invoices for Work completed, for the review and
approval of the Director or his representative. Within 20 days of receipt of each invoice, the Owner
shall either approve the Work covered by the invoice or advise Contractor of the specific deficiencies
that must be corrected prior to approval. Upon approval of the Work covered by the invoice, Owner
pay shall ninety percent (90%) of the amount due. Retained percentages are for the sole protection
and benefit of the Owner and no other person, firm or corporation shall be entitled to receive any part
thereof. Contractor shall have the option of substituting acceptable securities for the ten percent (l 0%)
retention, as provided by Public Contract Code 322300. Alternatively, Contractor may submit a lump
sum invoice for the total work cost upon final completion.
2.1.3 No payment shall constitute an acceptance of any Work not in accordance with this
Contract. The Contractor warrants that title to all components of the Work will pass to the Owner
either by incorporation in the construction or upon receipt of payment by the Contractor, whichever
occurs first, free and clear of all liens, claims, security interests or encumbrances of any kind.
2.1.4 The Owner may withhold payment in whole or in part if the Contractor fails to
perform its contractual obligations to the extent necessary to protect the Owner from damage, injury or
loss. Without limiting the foregoing, Owner may without payment as necessary to correct defective
Work not remedied; defend from existing or likely third-party claims, remedy the failure or likely
failure of payments to subcontractors, or for labor, materials or equipment; or damage to the Owner or
another contractor.
2.1.5 The Contractor following receipt of payment by the Owner shall promptly pay each
subcontractor, out of the amount paid to the Contractor on account of such subcontractor's Work, the
amount to which said subcontractor is entitled. The Contractor shall, by an appropriate agreement
with each subcontractor, require each subcontractor to make payments to their sub-subcontractors in
similar manner. The Owner shall have no obligation to payor to see to the payment of any monies to
any subcontractor or sub-subcontractor.
2.2 FIN AL PAYMENT
2.2.1 Upon Final Completion of the Work, Owner shall pay Contractor the final payment
and any remaining retainage. Notwithstanding the foregoing, in the event of a dispute between
Contractor and the Owner, the Owner may withhold from the final payment an amount not to exceed
1500/0 of the disputed amount. No payment shall be construed to be an approval or acceptance of any
defect in Work or improper materials.
2.2.2 Prior to final payment, if requested by Owner, Contractor shall submit a written
certification that all payrolls, bills for materials and equipment, and other indebtedness connected with
the Work for which the Owner or the Owner's property might in any way be responsible, have been
paid or otherwise satisfied, and if required by the Owner, other data establishing payment or
satisfaction of all such obligations to Owner's satisfaction.
Treemasters - Knoll Area Tree Trimming
6
2.2.3 Acceptance by the Contractor of final payment shall be and shall operate as a release
to Owner of and from any and all other claims, causes of action, damages or liabilities, whether or not
known or suspected, which Contractor ever had or claims to have had relating to this Contract or the
performance of the Work. No payment, however, final or otherwise, shall operate to release the
Contractor or his sureties from any obligations under this contract for the Contractor's bond for faithful
performance and Contractor's payment bond.
2.3 DELAYS AND EXTENSIONS
2.3.1 The Scheduled Completion Date shall not be extended except to the extent that the
Contractor is actually prevented from completing the Work before the Scheduled Completion Date
because of an Excusable Delay.
2.3.2 In the event that Contractor is actually delayed on the performance of the Work by
any Excusable Delay and because of said Delay is unable to complete the work by the Scheduled
Completion Date, Contractor's sole remedy shall be an extension of time for a period equal to the
length of such Excusable Delay. In no event shall it be entitled to a monetary payment over and
beyond the Contract Sum. Actual delays in activities that do not prevent the Contractor from
completing the work by the Scheduled Completion Date will not constitute an "Excusable Delay" nor
be a basis for changing the Scheduled Completion Date.
2.4 GUARANTEE
Independent of applicable manufacturers' warranties of materials used, for a period of one year
after acceptance by the Owner, the Contractor shall guarantee all work performed under this
contract. Any failure caused by defective materials or workmanship shall be promptly repaired or
replaced at the Contractor's expense. Failure of the Contractor to make such corrections will cause
the Town to make or have made any necessary repairs at the Contractor's expense. The warranty
period starts when a notice of completion is filed with the County or when final payment is made if
a notice is not filed.
ARTICLE 3
WORK MANAGEMENT RESPONSIBILITIES
3.1 SAFETY PRECAUTIONS AND PUBLIC CONVENIENCE
3.1.1 The Contractor shall be responsible for initiating, maintaining and supervising all
safety precautions and programs in connection with the Work. This duty shall extend, without
limitation, to the safety of all employees on the Work and all other persons who may be affected
thereby; all the Work and all materials and equipment to be incorporated therein; other property at the
Site or adjacent thereto, and the work of the Owner or other separate contractors. Without limiting the
foregoing, Contractor, not Owner, shall remain fully responsible for the disposition and the exposure
to persons of materials, whether or not hazardous. Contractor remains fully responsible for the
handling of and the removal of products and systems and shall take necessary measures to protect
employees, subcontractors, general public, design consultants and others.
3.1.2 The Contractor shall so conduct his operations as to offer the least possible
obstruction and inconvenience to the public. The Contractor shall provide for the convenience of
abutting owners along the right-of-way as far as practicable. No material or equipment shall be stored
where it will interfere with the free, safe, and convenient passage of public traffic.
Treemasters - Knoll Area Tree Trimming
7
3.2 SITE MANAGEMENT AND CLEAN UP
The Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits and
this Contract, and shall not unreasonably encumber the Site with any materials or equipment. The
Contractor shall keep the Site free from accumulation of waste material or rubbish caused by his
operations under the Contract. At completion of the daily work, the Contractor shall remove from and
about the Work such waste and rubbish, and the Contractor's tools, construction machinery,
equipment, surplus materials and other property. Good and reasonable house-keeping practices shall
be applied at the end of each working day, as approved by the Owner.
ARTICLE 4
INSURANCE
4.1 CONTRACTOR'S LIABILITY INSURANCE
Contractor shall provide and maintain insurance as set forth in this Article on behalf of the Owner.
4.1.1 Commercial General Liability Insurance (primary) shall be provided on ISO-CGL
form No. CG 00 01 11 85 or 88 or equivalent. Policy limits shall be no less than one million dollars
per occurrence for all coverages and two million dollars general aggregate. Owner and its employees
and agents shall be added as additional insured using ISO form CG 70 57 (03-96) or equivalent.
Coverage shall apply on a primary, non-contributing basis in relation to any other insurance or self-
insurance, primary or excess, available to Owner or any employee or agent of Owner. Coverage shall
not be limited to the vicarious liability or supervisory role of any additional insured. Coverage shall
contain no contractors' limitation endorsement. There shall be no endorsement or modification
limiting the scope of coverage for liability arising from pollution, explosion, collapse, underground
property damage or employment-related practices.
4.1.2 Business Auto Coverage shall be written on ISO Business Auto Coverage from CA
00 01 06 92 including symbol 1 (Any Auto). Limits shall be no less than one million dollars per
accident. This policy shall be scheduled as underlying insurance to any umbrella policy required
above for a total limit of no less than five million dollars each accident.
4.1.3 Workers Compensation/Employer's Liability shall provide workers compensation
statutory benefits as required by law. Employer's liability limits shall be no less than one million
dollars per accident or disease. Employer's liability coverage shall be scheduled under any umbrella
policy described above. Unless otherwise agreed, this policy shall be endorsed to waive any right of
subrogation as respects the Owner.
4.1.4
Contractor and Owner further agree as follows:
4.1.4.1 All insurance coverage and limits provided pursuant to this Contract shall apply to the full
extent of the policies involved, available or applicable. Requirements of specific coverage features or
limits contained in this Section are not intended as a limitation on coverage, limits or other
requirements, or a waiver of any coverage normally provided by any insurance. Specific reference to a
given coverage feature is for purposes of clarification only and is not intended by any party to be all
inclusive, or to the exclusion of other coverage, or a waiver of any type.
4.1.4.2 Unless otherwise approved by Owner, Contractor's insurance shall be written by insurers
authorized to do business in the State of California and with a minimum ABest's Insurance Guide
rating of AA:VII. Self-insurance will not be considered to comply with these insurance specifications.
Treemasters - Knoll Area Tree Trimming
8
4.1.4.3 Contractor shall provide evidence of the insurance required herein, satisfactory to Owner,
consisting of certificate(s) of insurance evidencing all of the coverages required and an additional
insured endorsement to Contractor's general liability and umbrella liability policies using ISO form
CG 70 57 (03-96) or similar prior to commencing work under this Contract. Certificate(s) are to
reflect that the insurer will provide 30 days notice of any cancellation of coverage. Contractor agrees
to require its insurer to modify such certificates to delete any exculpatory wording stating that failure
of the insurer to mail written notice of cancellation imposes no obligation.
4.1.4.4 Contractor shall require all subcontractors or other parties hired for this Work to purchase and
maintain insurance of the type specified above naming as additional insureds all parties to this
Contract. Contractor shall make reasonable efforts to ensure that such coverage is provided as
required here.
4.1.4.5 Contractor shall provide immediate notice to Owner of any claim or loss against Contractor
that includes Owner as a defendant. Owner assumes no obligation or liability by such notice, but has
the right (but not the duty) to monitor the handling or any such claim or claims if they are likely to
involve Owner.
4.1.4.6 In the event of any loss that is not insured due to the failure of Contractor to comply with these
requirements, Contractor shall be personally responsible for any an all losses, claims, suits, damages,
defense obligations and liability of any kind attributed to Owner as a result of such failure.
4.1.4.7 Contractor shall not attempt to avoid its defense and indemnity obligations to Owner by using
as a defense Contractor's statutory immunity under workers compensation and similar statutes.
4.1.4.8 Contractor shall ensure that coverage provided to meet these requirements is applicable
separately to each insured and that there will be no cross liability exclusions that preclude coverage for
suits between Contractor and Owner or between Owner and any other insured or Named Insured under
the policy, or between Owner and any party associated with Owner.
4.2 OTHER INSURANCE PROVISIONS
The policies are to contain, or be endorsed to contain, the following provisions:
4.2.1
General Liability and Automobile Liability Coverages
4.2.1.1 The Owner is to be covered as insureds as respects: liability arising out of activities
performed by or on behalf of the Contractor; products and completed operations of the Contractor;
premises owned, leased or used by the Contractor; or automobiles owned, leased, hired or borrowed by
the Contractor. The coverage shall contain no special limitations on the scope of protection afforded
to the Owner.
4.2.1.2 The Contractor's insurance coverage shall be primary insurance as respects the Owner. Any
insurance or self-insurance maintained by the Owner shall be excess of the Contractor's insurance and
shall not contribute with it.
4.2.1.3 Any failure to comply with reporting provisions of the policies shall not affect coverage
provided to the Owner.
4.2.1.4 Coverage shall state that the Contractor's insurance shall apply separately to each insured
against whom claim is made or suit is brought, except with respect to the limits of the insurer's
liability.
Treemasters - Knoll Area Tree Trimming
9
4.2.2 Each insurance policy required by this clause shall be endorsed to state that coverage
shall not be suspended, voided, canceled, reduced in coverage or in limits except after thirty (30) days'
prior written notice by has been given to the Owner.
4.3 SUBCONTRACTORS
Contractor shall include all subcontractors as insureds under its policies or shall obtain separate
certificates and endorsements for each subcontractor.
ARTiCLE 5
PREY AILING WAGE REQUIREMENTS
5.1 GENERAL REQUIREMENTS
5.1.1 The Contractor shall forfeit as penalty to the Owner $50.00 for each calendar day or
portion thereof, for each workman paid less than the stipulated prevailing rates for such work or craft
in which such workman is employed for any work done under the Contract by him or by any
subcontractor under him, in violation of the provisions of the Labor Code of the State of California,
and in particular, Section 1770 to 1780 thereof, inclusive. The general rate of prevailing wages is on
file in the Owner's offices.
5.1.2 The holidays upon which such rates shall be paid shall be all holidays recognized in
the collective bargaining agreement applicable to the particular craft, classification or type of workman
employed on the Work. The difference between such stipulated prevailing wage rates and the amount
paid to each workman for each calendar day or portion thereof for which each workman was paid less
than the stipulated prevailing wage rate shall be paid to each workman by the Contractor pursuant to
the requirements of Section 1 775 of the Labor Code of the State of California.
5.1.3 The Owner will not recognize any claim for additional compensation because of the
payment by the Contractor of any wage rate in excess of the prevailing wage rate set forth in the
Contract.
5.1.4 Notwithstanding any other provision of the Contract to the contrary, the general
prevailing rate of wages in this locality for each craft, classification, or type of workman needed to
execute the Contract for the Work (which rate includes employer payments for health and welfare,
vacation, pension, travel time, and subsistence pay as provided for in Section 1773.8 of the Labor
Code of the State of California, apprenticeship or other training programs authorized by Section 3093
of the Labor Code, and similar purposes) applicable to the work to be done for straight time, overtime,
Saturday, Sunday and holiday work is that ascertained by the Director of the Department of Industrial
Relations of the State of California and determined by the Town, which said rates are made a part
hereof, incorporated herein by reference as though fully set forth. The holiday wage rate listed shall
be applicable to all holidays recognized in the collective bargaining agreement of the particular craft,
classification or type of workman employed on the Work.
5.1.5 Attention is directed to the provisions of Section 1777.5 and 1777.6 of the California
Labor Code concerning the employment of apprentices by the Contractor or any subcontractor. The
Contractor and any subcontractor shall comply with the requirements of Section 1777.5 and 1777.6 in
the employment of apprentices. Information relative to apprenticeship standards, wage schedules, and
other requirements may be obtained from the Director of Industrial Relations, ex-officio the
Administrator of Apprenticeship Standards and its branch offices.
Treemasters - Knoll Area Tree Trimming 10
5.1.6 The Contractor shall make such travel and subsistence payments to each workman
needed to execute the Work as are established in the applicable collective bargaining agreements filed
in accordance with Section 1773.8 of the California Labor Code.
5.1.7 The Contractor and each subcontractor shall keep an accurate payroll record showing
the name, address, social security number, work classification, straight time and overtime hours
worked each day and week and the actual per diem wages paid to each journeyman, apprentice,
worker or other employee employed by the Contractor or subcontractor in connection with the Work.
The payroll records shall be kept in accordance with the provisions of Section 1776 of the California
Labor Code and Contractor and each subcontractor shall otherwise comply with all requirements of
such Section 1776.
5.2 HOURS OF LABOR
The Contractor shall forfeit to the Owner, as a penalty, the sum of Twenty-five Dollars ($25.00) for
each workman employed in the execution of the Contract for each calendar day during which such
laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation
of the provisions of Sections 181 0 to 1816, inclusive, of the Labor Code of the State of California.
ARTICLE 6
DISPUTE RESOLUTION
6.1 MEDIATION
The parties will make a good faith attempt to resolve any disputes arising from this Agreement through
mediation prior to initiating litigation. The parties shall mutually agree upon a mediator and shall
share the costs of mediation equally. If the parties are unable to agree upon a mediator, the dispute
shall be submitted to JAMSIENDISPUTE ("JAMS") or its successor in interest. JAMS shall provide
the parties with the names of five qualified mediators. Each party shall have the option to strike two of
the five mediators selected by JAMS and the mediator thereafter remaining shall hear the dispute.
6.2 ARBITRA TION
Claims not resolved by mediation shall be decided by arbitration which, unless the parties mutually
agree otherwise, shall be in accordance with the Construction Industry Arbitration Rules of the
American Arbitration Association currently in effect. A demand for arbitration shall be made within
30 days after the Claim has arisen, and in no event shall it be made after the date when institution of
legal or equitable proceedings based on such Claim would be barred by the applicable statute of
limitations. The award rendered by the arbitrator or arbitrators shall be final, and judgment may be
entered upon it in accordance with applicable law in any court having jurisdiction thereof.
ARTICLE 7
MISCELLANEOUS PROVISIONS
7.1 GOVERNING LAW
7.1.1 The Contract shall be governed by the law of the place where the Work is located.
The Contractor shall conform to and abide by all local, state and federal building, sanitary, health and
safety laws, rules, and regulations, including all Town ordinances and regulations.
7.1.2 All Contractors and subcontractors employed upon the Work shall and will be
required to conform to the provisions of the Labor Code of the State of California, and shall also
Treemasters - Knoll Area Tree Trimming 11
comply with all rules, regulations and Labor Laws of the federal government and the various acts
amendatory and supplementary thereto, and all other laws, ordinances and legal requirements.
Without limiting the foregoing, Contractor, will comply with applicable provisions of Section 3700 of
the Labor Code, which requires every employer to be insured against liability for Worker's
Compensation or to undertake self-insurance in accordance with the provisions of that Code.
7.2 SUCCESSORS AND ASSIGNS
The Owner and the Contractor, respectively, bind themselves, their partners, successors and assigns to
this Contract. Neither party to the Contract shall assign the Contract or sublet it as a whole without the
written consent of the other.
7.3 RIGHTS AND REMEDIES
The duties and obligations imposed by this Contract and the rights and remedies available thereunder
shall be in addition to, and not a limitation of, any duties, obligations, rights and remedies otherwise
imposed or available by law. No action or failure to act by the Owner shall constitute a waiver of any
right or duty afforded any of them under the Contract, nor shall any such action or failure to act
constitute an approval of or acquiescence in any breach thereunder, except as may be specifically
agreed in writing.
7.4 PENALTY FOR COLLUSION
If, at any time, it is determined by the Town that the person, firm or corporation to whom the Contract
has been awarded has, in presenting any bid or bids, colluded with any other party or parties, then the
Contract shall be null and void, and the Contractor and his sureties shall be liable for loss or damage
which the Owner may suffer thereby, and the Owner may advertise for new bids for said work.
7.5 EQUAL OPPORTUNITY
Contractor shall comply with the provisions of Section 1735 of the Labor Code of the State of
California, which provides as follows:
"No discrimination shall be made in the employment of persons upon public works because of the
race, religious creed, color, national origin, ancestry, physical handicap, medical condition, marital
status, or sex of such persons except as provided in Section 12940 of the Government Code, and every
contractor for public works violating this section is subject to all the penalties imposed for a violation
of this chapter."
END OF GENERAL CONDITIONS
Treemasters - Knoll Area Tree Trimming 12
FROM :TREEMASTER
FAX NO. :4154559934
Ma~. 03 2007 04:55PM P2
MAY-03-2001 THU 05;45 PM Bolds Insurance
FAX NO. 415 485 1866
CERTIFICATE OF LIAB-ILITY INSURANCE
PI 01/02
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ID MT1iCMM/~ll"M'Y)
50 Q5
THIS CERTIFICATe IS IMUBD AS A IlATT!ft OF INfORMATION
ON~V AND CONJI. NO RIGHTS UpON THIi CERnFICATE
HOl.J)RR. THIS carnF1CATI! DOES NOT All!ND. I!!XT!ND OPt
ALTER THE COV!RAGI!! AFFORDED I5Y THE PDLIClES I!ELOW.
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THli flCl-CIS OF INSUAANC& 1-1:neD 8ELOWHAVJ: BEEN ISSUED TO ll'IA IN/WfIEIl NAM!D MOW fOR THE POUCV ~fllOD IIlDCA'f!tI, NOTWI1'HITAHPINa
,Nrt ReQUlAiMliHTI lttUI oR COHDmON I)F """, CON'tl\1\CT OR QTHefl OOCUrdN'l', WITH Rt::8PGCT TO \MoIICH THIS CERTlf!leATE MAV II .UID OIl
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POI.ICII!& AOORiG.lTlllM1TS l!IHCI\MI MAY I'tAVIIII:IfN N!OUCED BY PAID Q.AlMS.
INSURImS APIIOJUING cQVERAG!
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CafilFlCATE HOLDER
ACORD 25 (2001108)
CORPORATION 1988
FROM :TREEMASTER
FAX NO. :4154559934
MAY-03~2007 THU 05:46 PM Bolds Insurance
Ma~. 03 2007 04:56PM P3
FAX NO, 415 485 1866
p, 02/02
,ION-CDrII1I.UTORY 011IR INSURANCI ENDORSEMENT - FDR
DlSCRt8m ADDITIONAL PROTECTEb 'ERSDNS
ihia endorSemfJnt eh.ngo$ your COMmercial
Gf:nercrl' LI.blrlty 'Protection.
..
Haw Caveragl ~I Cblnpd
The fOllowing I. .dd.d to tha Oth'r
Insurlnc8 IBction. This Cftlnga bro.dlnl
covera9~ fer c8rtlin addItional protected
parsons.
If vou'va specificallv .greed 'in a written
contract that this _ereement must be primary
to end non-contrlbutory with othar InlLlr.nce
Issued directly to II de.crlbed additlona'
protect8d plrson, we won't shire with th.t
other InsLlrance .ny damages Incurred bV
that described additional protected p.r'Dn
for:
_. or IItstl'lptI.1t
. bodily Injury or property damage c:oYorerJ
by this tiareem8nt thlt happens after that
written contract was midi: or ,
. person.1 InJu~ or advertising InJurv
~C)v8r.d by this agr.ement that's C'lIused
by an offense committed .fte, that written
contrlc:t was madtl,
DelCl'ibt:d addltJDI'ItIl prater;ted person
me.". any person or orgBnlzIStlon, other than
you, who:
. quaUfhi1l5 as a protected person under thl.
agreement; and
. is named Or described bfitlgw.
Any p~r8aD Qf o~!~1zatioft who. ,ou are r.~ui~.d to add as an _dditional
in.urtd to this .&~....nt under . ~~itten eontr.~t:
1. Currently in efflct Dr which will b.come effective during tb. tt~. Of
~hi. alte..ent. ~d
2. Extout.d prior to t~. .v.~t which results i~ bodily injury Dr
prop.~ty Ga._Ie, Or the off.n'. ~ich ~e5ult5 in p.~.oft.1 iftjur~ or
adverti.inl iDjUry.
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All oth.r terms of your policy remain the same..
17
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....
G0435 Ed. 4...00 Endor...msnt
. 2000 The St. P.ul TrlVllerl Companies. Inc. AU Right. Ae.erved
,".-" , '.Y~.
'a,. 1 of 2
License Detail
Page 1 of2
California Home
License Detail
Contractor License # 660226
CALifORNIA CONTRACTORS STATE LICEN
DISCLAIMER
A license status check provides information taken from the CSLB license data base. Before
on this information, you should be aware of the following limitations:
. CSLB complaint disclosure is restricted by law (B&P 7124.6). If this entity is subject tc
complaint disclosure, a link for complaint disclosure will appear below. Click on the Iin
button to obtain complaint and/or legal action information.
. Per B&_P 7071.17, only construction related civil judgments reported to the CSLB are
disclosed.
. Arbitrations are not listed unless the contractor fails to comply with the terms of the
arbitration.
. Due to workload, there may be relevant information that has not yet been entered ont
Board's license data base.
Extract Date: 05/04/2007
* * * Business Information * * *
TREEMASTERS TREE AND GARDEN CARE
3175 KERNER BLVD
SAN RAFAEL, CA 94901
Business Phone Number: (415) 455-9933
Entity: Corporation
Issue Date: 12/03/1992 Reissue Date: 03/06/1997 Expire Date: 03/31/2009
* * * License Status * * *
This license is current and active. All information below should be reviewed.
* * * Classifications * * *
IClassll Description I
1049 IITREE SERVICEI
* * * Bonding Information * * *
CONTRACTOR'S BOND: This license filed Contractor's Bond number 6059310 in the arr
$12,500 with the bonding company
http://www2.cslb.ca.gov/CSLB _ LIBRARY /License+Detail.asp
5/4/2007
License Detail
Page 2 of2
SURETY COMPANY OF THE PACIFIC.
Effective Date: 01/01/2007
Contractor's Bondin-9 History
BOND OF QUALIFYING INDIVIDUAL(1): The Responsible Managing Officer (RMO) THA
ERNESTO JACOBS certified that he/she owns 10 percent or more of the voting stocklequi
corporation. A bond of qualifying individual is not required.
Effective Date: 03/06/1997
* * * Workers Compensation Information * * *
This license has workers compensation insurance with the
STATE COMPENSATION JNSURANCE FUND
Policy Number: 713-0006055 Effective Date: 10/01/2000 Expire Date: 10/01/2007
Workers Compensatjon History
* * * Miscellaneous Information * * *
I Date II Description I
103/06/199711 LICENSE REISSUED TO ANOTHER ENTITYI
Personnel I..tst SalesPerson List
Licens~ N~_ml>er R~q~~!it
c:()ntractor Name Request
Personnel Nam~ Request
Sal~sperson Request
Salesperson Name Request
@ 2006 State of California, Conditions of Use Privacy Policy
http://www2.cslb.ca.gov/CSLB _ LIBRARY /License+Detail.asp
5/4/2007