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Agr 2011-01-13 (Treemasters)
CONTRACT DOCUMENTS AND SPECIFICATIONS FOR AS NEEDED TREE MAINTENANCE SERVICES WITH TREEMASTERS FOR THE TOWN OF TIBURON TOWN OF TIBURON PUBLIC WORKS DEPARTMENT 1505 TIBURON BLVD. TIBURON, CA 94920 (415) 435-7354 JANUARY 13, 2011 TOWN OF TIBURON TIBURON, CALIFORNIA OWNER-CONTRACTOR AGREEMENT FOR AS-NEEDED MAINTENANCE AND CONTRACTING SERVICES Tree Maintenance Services THIS OWNER-CONTRACTOR AGREEMENT ("Agreement") is made and entered into this 13th day of January, 2011, by and between the TOWN OF TIBURON, a municipal corporation, 1505 Tiburon Boulevard, Tiburon, CA 94920, ("Owner"), and Treemasters 3175 Kerner Blvd Ste. A San Rafael, CA 94901 ("Contractor"). RECITALS A. The Town occasionally requires maintenance and specialty contracting services ("Services") that cannot be provided by the Town's in-house staff and therefore wishes to engage a qualified independent contractor to provide such services on an as-needed basis. B. Contractor has the skill, experience, ability, background, certification and knowledge to provide the Town with the necessary Services. C. The parties wish to contract for the Contractor to provide said Services to the Town as provided herein. NOW, THEREFORE, in consideration of the mutual agreements contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and intending to be legally bound hereby, the parties agree as follows: AGREEMENT: ARTICLE I WORK DESCRIPTION A. The Contractor shall do all the work and furnish all the labor, equipment, and materials necessary to complete the services described in the Contractor's statement of qualification (Exhibit A) and work as assigned ("Services"). The Contractor shall complete the Services in a good, workman-like manner, using best industry practices to the satisfaction of Owner and in accordance with the terms of this Agreement and the Town's encroachment permit. B. The Director of Public Works or his/her representative ("Director") will seek written proposals to perform Services based on a pre-established scope of work defined by the Director. Within the specified days, Contractor will provide Director with a written proposal that includes the maximum compensation for the work, description of tasks to be performed, and a schedule for completing the Services. Director will notify the Contractor's if he accepts the proposal. PW/Maintenance Div/Master Informal Contact Contractor: Treemasters Written acceptance, through a Task Order Form, will constitute a contract that includes, without limitation, the provisions of this Agreement. C. This Agreement includes the General Conditions attached hereto as Exhibit B and incorporated herein by reference ("General Conditions"). To the extent that there are any conflicts between the provisions of Exhibit A and the other portions of this Agreement, including Exhibit B, this Agreement shall control. This Agreement is to enable the Town to obtain assistance on short notice and on an as-needed basis from Contractor at the Town's discretion, but does not commit the Town to request or pay for any Services during the term of this Agreement that has not been requested. The Services performed may include, without limitation, the following tasks as directed by the Director: • Prune, thin out, crown reduction, drop crotch, skirt up or any other pruning procedure to International Society of Arboriculture JAS) specifications as directed to safe guard and maintain the health of the town's urban forest and trees found in Open Space. • Remove branches which present a dangerous condition such as "widow makers" and prune out deadwood to eliminate hazards. • Remove trees and stump grind truck and root ball as directed. • Provide technical advice to the Town relating to all matters of tree pruning, maintenance and removal. Prepare Arborist Reports when requested. • Provide emergency tree services, responding within 24 hours, to include tree and branch removal from road ways, sidewalks, pathways, storm drain clearance, curb and gutter area, parks medians or other public right of ways. • Provide experienced and trained supervision to all tree removal and maintenance procedures. PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 2 ARTICLE II COMPENSATION Town will pay Contractor for all of the services rendered under this agreement using one of two payment mechanisms: Lump Sum task-based or Time and Material. At the time of requesting a quotation, The Town will, at its discretion, choose the most appropriate mechanism and prior to approving the Services through a Task Order Form. Contractor will have the option of accepting or rejecting this payment mechanism. If Contractor rejects the mechanism, the Town may elect to accomplish the work by other means. • Under Lump Sum compensation, the Town will request Contractor to establish a fee to complete the task or project requested by the Town. • Under Time and Material compensation, the Contractor will submit invoices for payment based on job classification, equipment, material, hours and hourly rates listed in Exhibit A. For each project Contractor performs using this compensation mechanism, the Town will establish a maximum total fee. Hourly rates and job classifications shall match the work being performed. Total compensation for the life of this agreement shall not exceed $40,000.00. ARTICLE III TIME FOR PERFORMANCE Contractor shall commence performance of the services on a date to be specified by Owner. Contractor shall diligently proceed with performance of the services and agrees to achieve completion within a time frame stated on the Notice to Proceed. ARTICLE IV EFFECTIVE DATE AND TERM The effective date of this agreement is January 13, 2011. This agreement shall terminate one year from the effective date. ARTICLE V EXHIBITS This Contract includes the following Exhibits, which are attached hereto and incorporated herein by reference: Exhibit A Contractor Statement of Qualification and Hourly Rates (not inclusive of terms and conditions) Exhibit B General Conditions PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 3 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: By By eY e Margaret Cui~in Ann Danforth, Town Attorney Town Manager ~f' 2 e CONTRACTOR NAME. e- Sign Print 1 GUe'-Cole) Title Contractor's License No. Expiration Date: ~31 C) 1 PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 4 ELVASrFJIS 3175 Kerner Blvd. Ste. A San Rafael, CA 94901 (415) 455-9933 Main (415) 455-9934 Fax ~Qc v~ W W W. T R EE M1 AS TER S. C O M treemafl@treemasters.com f 0 of ~ p04 41 o o a G~tss ~r~E` . w Y"COIYfY NiK6ntN(}mUry. CA Lic. #660226 COVER LETTER Town of Tiburon Tree Maintenance Services Treemasters Tree & Garden Care 3175 Kerner Blvd. Suite A San Rafael, CA 94901 Office: 415-455-9933 Fax: 415-455-9934 Email: Treemail(atreemasters.com a Direct Correspondence to: Michael Queirolo Office: 415-455-9933 Cell: 415-672-0127 Email: Treemail(d~treemasters.com m Treemasters has been serving Marin County since 1987, providing quality tree maintenance services for municipalities, local agencies, property management services and home owners across the county. Treemasters employs top of the line equipment including high capacity wood chippers, truck mounted cranes, and a high-reach bucket truck. Our teams of experienced tree climbers and groundsmen have worked extensively with municipal tree maintenance and follow all ISA standards for tree care. Treemasters is a firm of 28 employees, including 4 ISA Certified Arborists, and one ISA Board Certified Master Arborist. In addition we have four jobsite foremen managing our crews of tree climbers and groundsmen. The president of the company is Tad Jacobs, and Michael Queirolo and Aprille Mammone are officers of the company. Officer's Name: - icer's Signature.L Date: v2/2-2/)n "Providing great care and attention i.1~ to the ONE TREE we are working on at that moment." ~a - - -ESMASrrNa 3175 Kerner Blvd Ste. A San Rafael, CA 94901 (415) 455-9933 Main (415) 455-9934 Fax Fl.SM AN WWW. rREEMASTERS.COM treemafl@treemasters.com ~ M~ln ~~ooo O Q a CA Lic. #660226 DESCRIPTION OF RECENT TREE MAINTENANCE WORK 1) Marin County Parks & Open Space - County Service Area # 16 Dave Hattem, 415-507-4046 (office) dhattem@a~,co.marin.ca.us 2) Town of Fairfax - Fuel Elimination Project Kathy Wilkie, 415-453-0291 Kwilkie@townoffairfax.org 142 Bolinas Rd, Fairfax, CA 94930 3) Wareham Property Group - Various Addresses Dana Duryea, 415-518-0976 danaduryea a earthlink.net 1 120 Nye St., Suite 400 .tn Rafael, CA 94901 4) Charles Property Services - Various Addresses Stephanie Charles, 415-458-3537 (office) StephanieQcharlesps.com 900 5" Ave #204 San Rafael., CA 94901 5) Massingham & Associates - Meadow Oaks HOA Sally Moon, 925-405-4900 4085 Nelson Ave, Suite A Concord, CA 94520 sallym@massingham.com 6) Lucas Valley Properties - Various Addresses Catherine Munson, 415-883-0555 x19 14 Commercial Blvd Suite 119 Novato, CA 94949 "Providing great care and attention to to the ONE TREE we are working on at that moment." Page l of l EXHMIT Matthew Swalberg From: Office [Office@treemasters.com] Sent: Wednesday, January 05, 2011 1:36 PM To: Matthew Swalberg Subject: Town of Tiburon RFQ - Treemasters hourly rates Good afternoon Matt, Michael Queirolo asked me to send you an email and provide our hourly rates to go with the RFQ for Tiburon: Groundsman: $79.25 per hour Tree climber: $79.25 per hour Foreman: $79.25 per hour Please let me know if there is any more information you need from us. Sincerely, Joel Brown TREEMASTERS 3175 Kerner Blvd. Ph: 415-455-9933 Fps 415-455-9934 W WW.TREEMASTERS.COM Twitter.com/Treernasters Please consider the environment before printing this email 1/5/2011 71 #0 4 State Of California AWL stmeor CONTRACTORS STATE LICENSE BOARD d4;"C,'_ C«,iitxlnia Dopartr►et►ior ACTIVE LICENSE r Consumer l+'17wJGillb OiL.1jp a F Lioanse hiumber 6J 2 Entity CO R P usinaslame TREEMA TERS TREE AND GARDEN CARE 9taf P, \.L.wanfrqrf.ar.o , Pursuant to Chapter 9 of Division 3 of the Business end Professions'Code and' the Rules and Reguladons of the Contractors State License goard, the Registrar of Contractors does hereby issue this I[cerise tot TREEN[A:STERS TREE AND GARDEN CARE ldh ~t1 4+ ~s a0e tF J'i • to engage in the busigees or act in the capacity of a codtractor _ c In the following classification(s): D49 • TREE SMVIa C~LrFOAKth Witness my hand and seal this day, March 7, 1997 Issued December 3,1992 ' Sig atureof Licensee Reg of Contactors Rduucd Much 6,1997 Ji s Imm Is the pmpeny or dH aniwar ~r~enUauorr, Is not Reassigned 660226 Sig ture of License Qu;llfiar unarm abia, "steal be ratumed to the Ieytia r upon d.uund Licensc Number wlimr wipandad, revoked, or invalidaled rot any resson. Ir bacames vo)d k not renewed. ' AN-6 W"A c X&MV rr TR- miaSTERS 0 3175 Kerner Blvd Ste. A • San Rafael, CA 94901 rsM AN (415) 455-9933 Main (415) 455-9934 Fax • TREEMASTERS. COM treemail@treemasters.com 6~t 0 Gott Wm6fs tmle~amle.9y Rxwl IIYIN~ounr Hiphwb ar CA Lic. #660226 BONDING CAPACITY CONTRACTOR'S BOND: Bond Number SC6059310 American Contractors Indemnity Company Amount: $12,500 It A "Providing great care and attention #W, ~ to the ONE TREE we are working on at that moment." FASTMS OBIT - Qf ot~~ rR M o~ o~ 3175 Kerner Blvd Ste. A 'Rr , M o an Rafael, CA 94901 n~.q y~q o (415) 455-9933 Main ~rSM A~ UM Booms WWW.TREEMASTERS.COM UM~ (415) 455-9934 Fax treemail@treemasters.com CA Lic. #660226 SUBCONTRACTORS Treemasters will not be using any subcontractors during the course of this project. I* "Providing great care and attention I* ILa to the ONE TREE we are working on at that moment." W EXHIBIT A CONTRACTOR'S STATEMENT OF QUALIFICATION AND HOURLY RATES (attach here) PW/Maintenance Div/Master Informal Contact Contractor: Treemasters EXHIBIT B GENERAL CONDITIONS ARTICLE 1 IN CTF.NF.R A I. 1.1 DEFINITIONS 1.1.1 "Director" shall mean the Owner's Director of Public Works/Town Engineer or 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 Services 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. Discoveries 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 Services, all contractors and subcontractors shall have obtained business licenses and permits 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 Services, using the best skill and attention necessary for a contractor experienced and expert in this type of construction. 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 Services rejected by the Owner as defective or as failing to conform to this Contract. If the Contractor does not, within five (5) days after receipt of written notice from the Owner, commence and diligently complete PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 6 correction of any deficient or nonconforming Services, the Owner may, without 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 Services with the Owner's own forces, and to award separate contracts in connection with other portions of the Services or other work on the Site. The Owner and the Contractor shall provide for the coordination of the work. 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 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 Services and/or an adjustment in the Compensation and/or the Contract Time. The Town Service Request may be changed only by specific Change Order. 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 maximum of twenty percentage fee for profit and overhead. 1.7 TERMINATION OF THE CONTRACT 1.7.1 If the Contractor becomes 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 Services. 1.7.2 The Owner may terminate the performance of the Services 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, and PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 7 the date upon which termination becomes effective. Upon such termination for convenience, Contractor shall stop all Services and be entitled to reasonable compensation. ARTICLE 2 PAYMENTS AND COMPLETION 2.1 PAYMENTS 2.1.1 Compensation is stated in the Agreement. The Contractor shall submit a lump sum invoice for the total work cost upon final completion. 2.1.2 No payment shall constitute an acceptance of any Services not in accordance with this Contract. The Contractor warrants that title to all components of the Services will pass to the Owner either by incorporation in the construction or upon receipt of payment by the Contractor. 2.1.3 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 withhold 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. 2.1.4 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. 2.1.5 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. 2.1.6 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, 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. 2.2 DELAYS AND EXTENSIONS 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 original compensation. Actual delays in activities that do not prevent the Contractor from PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 8 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 minimum of one (1) 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 Services. 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. 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 PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 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 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. 4.1.4.2 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. 4.1.4.3 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. PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 10 4.1.4.4 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. 4.1.4.5 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. 4.1.4.6 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. 4.1.4.7 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 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. 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. PW/Maintenance Div/Master Informal Contact Contractor: Treemasters I I ARTICLE 5 PREVAILING 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 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 Services (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. 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 JAMS/ENDISPUTE ("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 ARBITRATION 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 PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 12 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 Services shall and will be required to conform to the provisions of the Labor Code of the State of California, and shall also 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: PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 13 "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 PW/Maintenance Div/Master Informal Contact Contractor: Treemasters 14 ' br CERTIFICA_ i OF LIABILITY !NSURAr - `*E OP ID DD DAiz MIDDI al TREE500 /20/ PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE :LDS INSLTKANCE BRORNRAGE HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR 1447 Fourth Street ALTER THE COVERAGE AFFORDED EY THE POLICIES SELOW. Sari Rafael CA 94901- Phone: 415-485-1700 FaX1415-485-1866 INSURERS AFFORDING COVERAGE _ NAIL 0 INSURED - - - _ INSURERN. of Paul Xercury ins Co • . INSURER D: Travelers Prop. &_Casualty 25674 Treema5ter$ Tree Garden Care IN5UREKC' 3175 Kerner nvd INSURER D: Ban Rafael CA 94901 COVERAGES THR POLICIES OF INSURANCE LISTED BEI.OW HAVE 5110N ISSUER TO THE INSURED NAMGP ABOVE FOR TRIG POLICY PERIOD INDICATED. NOTWITHSTANDING ANY RI=OUIREMENT, TERM OR CONPrrION OF ANY CONtRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE 1SSUF13 OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DF.BCRIGED HEREIN IS 81JOJECT TO ALL THR TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AG~aRGGATE LIMITS SHOWN MAY HAVE BEEN RI=QUCPP BY PAID CLAIMS, _ ILTR N R' PE OF IN r{ANCE POLICY NU MBF-11 CICY ~~l~ C"f~1~ OLIGI`~~C~''CrONr - LIMITS AT MMlDDN Y DATE M /ODIYYYY GE NERAL LIANUTY RACH OCCURRIEN"- $1,000,000 A X COMMERCIAL GENt RAL I_IA131urY CX0 81.012 6 6 01/11/3.0 01/11/1:L REMISE& (Ea w-wrerw) $ 100, 0 0 0 _ CLAIMS MApG OCCUR MGD EJLP (Any one person) S 5 ,_000 - PERSON4 $ ADV INJURY $ 1, 000, 000 GENERAL AGGREGATE $ 2, O o o, 0 0 0 GEN'L AGGREGATE LIMIT APPLIES PER' PRODUCTS - LOMPIOP AGG s2,000,000 AUYOMOPILE LIAB1UYY _ COMBINED SINGLE LIMIT Ot)0 $ 1,QQO A X ANY AUTO BAID21SL956 01/1.1./1,0 01,/11/1.1 (Eeoxident) , ALL OWNF-13 AUTOS ROPILY INJURY $ SCHEDULED AUTOS (Par Person) , , , _ X HIRED AUTOS PODILY INJURY $ X IYON-OWNED AUT05 (Par accident) - rKO'ERTYPAMACE $ (Per aoaldont) GARAGE UA131LITY AUTO ONLY - EA ACGIPGNT $ - ANY AUTO OTHER THAN EA ACC AUTO ONLY: AGG S EXCGSS ! UMBRELLA LIARII-RY EACH OCCURRENCE $ 6,000,000 A OCCUR L _I CLAIMSMADF. QK06502633 01/11./10 03./1-1/11 AGGREGATE M _ s 6,000,000 DEDUCTIBLE T-- „ . S ~ RETENTION dI - _ . S WOR AND KIA 6 CO- -MFFE-N-SKT-ION EMPLOYERS' LIARIWW ER X 70 Y LIMITS O B Y / N ANY PROPRIEYORIPARTNGR/F-XECUTIVR--7 OFF XAC"RUE 119 9TI3.01.0 2-0/01/3.0 10/01/13, _ E.L. EACH ACCIPON'r $1,900,000 IORRIMEMBEREXCLUPFD? (Mandatary in NH) F-1-. PISEASE - EA EMPLOYEE - r 1,000, 0OL3 desonbe L RO {V $IONS balaw ISIRM A E.L. DISEASE • POLICY LIMIT $1,00 Q , 000 OTHER DESCRIPTION OF OPERATIONS / LOOAYIONS / VEIJICLE5 / EXCLUSIONS ADDED BY BNPORsEMENT ! W DIAL PROMIONE Certificate Holder is named Additional Insured by written contract per farm G0561 7-03 Primary/Non-Contributory ROT All California Operationo L;LK I IFICA•rlh HL)LDER CANCELLATION Town of Tibu=oa 1505 Tiburon Blvd. Miburon CA 84920 ACORD 26 (2008101) SHOULD ANY OF THE ABOVE DESCRIARP POUCIE5 BE CANCGt_I_ED BEFORE THE EXPIRATION I)ATE THOREOF, THE ISSUING INSURER W1LI, ENDRAVOR TO MAIL. 30 DAYS WRIM-N NOTIOE TO THE CERTIFICATE HQI-PRR NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON TIC INSURER, ITS AGFNTS OR REPRESENTATNES, /I n A chtrd llz~ rights reserved. The ACORA narne and logo aria registered marks of AGORD 1174SOwS OR QR tIZATIMIS FOR YOUIR WORK AS RECUIREQ gY WHIMN CONTRACT MORSlrriliENY - ADDITIONAL FItOMM PERSONS This codorsernefit changes your Commercial General Liability Protection. How Coverage Is Chagod There are two changes, which are described below. I. The following is added to the Who is Protected Under This Agreement section. This change adds aertaln protected persons and limits their protection. Porsons or urganizwons for yout work as roquined by writton contraM Any person or organization that,, . is snot otherwise a protected person Under this agreement: and *You agree in a written contract for insurance to add as an additional pretested person under this agreement for your worts; Is a protected person. But only for covered injury ter damage that results from. your work for that parson or organization. However, such person or or anizeYlan is a protected person only far the lesser oaf: the limits of sewerage required by that written contract for insurance; or e the limits of coverage available under this agreement. But no such person Pr organization is g protected person for Injury or damage that results from: . 4% that person's or orgartizetion"s 8010 negligence; or • the pertormance of, or failure to perform, architect, engineer, or Surveyor professional services, If that person or orgarization is an arahiteot, engineer, or purveyor. protected person under this agreement that. • was maete bief care; and a is In effect when., the bodily Injury or property darnago happens, or 0e personal injury offense or advertir-Ing injury offenoc is committed_ Additional protected person may also be called an additional insured In the written pontract for insurance. We explain the terms; a your .work In the Products arid completed work total limit section; and architect,, engineer or surveyor F rafeasionel services in the Contract ability exclusion. 2. The f411awing is added to the Primary ce excess tither insurance section. This chance broadens coverage -for certain additional protected parsons. If you specifically agire:a In a written contract that this insuranoe must be primary to and non-corrtributory with other Insurance Issued directly to a person or ordanlzatiori that you agree lei a written contract for insurance to Add as an additional protected person tinder this agreement for your work, , we'll apply this a0reem-ent as primary insurenca for, an We won't share with other insurance, ony damages incurred by that additional protected person for. t noverad barli ly injury or property damage that happens after that written contract-was made; or covered parsonal injury or advertising Injury that's caused by an offense committed after that written contract was Made. Written confrmt for iixwrVmo rneans that part of any written contract or agrearnent In which you agree to add a person .or organIzatI*n as an addManal other Teerins all other terms of your pnilcy remain the same. 00501 Pd. 7-oa Pn orsement V 2Q03 The St. Paul Trovelars Companiai,s, Inc. All Rights Reserved Page 1 of 1 Check a License - Contractors State License Board Page 1 of 1 Department cif C€insu erAffairs Contractors State License Board Contractor's License Detail - License # 660226 DISCLAIMER: A license status check provides information taken from the CSLB license database. Before relying on this information, you should be aware of the following limitations. CSI-13 complaint disclosure is restricted by law (B&P 7124.6) If this entity is subject to public complaint disclosure, a link for complaint disclosure will appear below. Click on the link or 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 onto the Board's license database. License Number 660226 Extract Date: 1/11/2011 TREEMASTERS TREE AND GARDEN CARE 3175 KERNER BLVD Business Information SAN RAFAEL, CA 94901 Business Phone Number:(415) 455-9933 Entity: Corporation Issue Date 12/03/1992 Reissue Date 03/06/1997 Expire Date 03131/2011 License status This license is current and active. All information below should be reviewed. Additional Status: CLASS DESCRIPTION Classifications: D49 TREE SERVICE CONTRACTOR'S BOND This license filed Contractor's Bond number SC6059310 in the amount of $12,500 with the bonding company AMERICAN CONTRACTORS INDEMNITY COMPANY. Effective Date: 03/02/2009 Contractor's Bonding History Bonding: BOND OF QUALIFYING INDIVIDUAL 1. The Responsible Managing Officer (RMO) JACOBS THADDEUS ERNESTO certified that he/she owns 10 percent or more of the voting stock/equity of the corporation. A bond of qualifying individual is not required. Workers' Compensation: Effective Date: 03/06/1997 BQI's Bonding History This license has workers compensation insurance with the TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA Policy Number:XACRUB1 199T1 1010 httnc•//www? r.clh r.a onv/(~n1inP~Prvi~PC/(^hP~kT.ir.PncPTT/T,i~PncPT~Ptail acnx?T,irNiim=fife 1/11/?.(111 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information ST. PAUL MERCURY INSURANCE COMPANY 385 WASHINGTON ST ST PAUL, MN 55102 800-328-2189 Old Company Names ST. PAUL INS CO Effective Date 12/29/1967 back to top Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO CA 95833 back to top Reference Information NAIC 24791 California Company ID 1891-1 Date Authorized in California: 12/28/1967 License Status: UNLIMITED-NORMAL Company Type: Property & Casualty [State of Domicile: MINNESOTA back to top NAIC Group List NAIC Group 3548 Travelers Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY CREDIT DISABILITY FIRE Page 1 of 2 http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 1/11/2011 Company Profile LIABILITY MARINE MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top © 2008 California Department of Insurance Page 2 of 2 http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 1/11/2011 Company Profile Company Profile Company Search Company Search Results Company Information Old Company Names Agent for Service Reference Information NAIC Group List Lines of Business Financial Statements PDF's Annual Statements Quarterly Statements CA Supplements Company Complaint Company Performance & Comparison Data Company Enforcement Action Composite Complaints Studies Additional Info Find A Company Representative In Your Area View Financial Disclaimer COMPANY PROFILE Company Information TRAVELERS PROPERTY CASUALTY COMPANY OF AMERICA ONE TOWER SQUARE, 4MN HARTFORD, CT 06183 800-252-4633 Old Company Names Effective Date TRAVELERS INDEMNITY COMPANY OF ILLINOIS (THE) 01/12/2005 back to top Agent For Service KAREN HARRIS C/O CORPORATION SERVICE COMPANY 2730 GATEWAY OAKS DRIVE, SUITE 100 SACRAMENTO CA 95833 back to top Reference Information NAIC 1 7 F25674 California Company ID 2495-0 Date Authorized in California: 7 1 04/16/1982 License Status: UNLIMITED-NORMAL Company Type: 7 [Property & Casualty 11 State of Domicile: 7 [ CONNECTICUT back to top NAIC Group List NAIC Group 3548 Travelers Grp back to top Lines Of Business The company is authorized to transact business within these lines of insurance. For an explanation of any of these terms, please refer to the glossary. AIRCRAFT AUTOMOBILE BOILER AND MACHINERY BURGLARY COMMON CARRIER LIABILITY FIRE LIABILITY MARINE Page 1 of 2 http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 1/11/2011 Company Profile MISCELLANEOUS PLATE GLASS SPRINKLER SURETY TEAM AND VEHICLE WORKERS' COMPENSATION back to top @ 2008 California Department of Insurance Page 2 of 2 http://interactive.web.insurance.ca.gov/companyprofile/companyprofile?event=companyPr... 1/11/2011